April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10455 HOUSE OF REPRESENTATIVES—Thursday, April 23, 2009

The House met at 10 a.m. dedicated his life to serving others, one OPPOSING THE PANAMA AND CO- The Chaplain, the Reverend Daniel P. who’s made an impact nationally and LOMBIA FREE TRADE AGREE- Coughlin, offered the following prayer: internationally, but most importantly, MENTS ‘‘After the earthquake came fire, but in his hometown of Springfield, (Mr. HARE asked and was given per- the Lord was not in the fire. And after Vermont. mission to address the House for 1 the fire came a gentle whisper. When Edgar May has worn many hats in his minute and to revise and extend his re- Elijah heard it, he pulled his cloak over life, Pulitzer Prize winning journalist, marks.) his face and went out and stood at the a leader in President Johnson’s War on Mr. HARE. Mr. Speaker, I rise this mouth of the cave.’’ Poverty, and a top administrator in morning to respond to recent com- You, O Lord, are the subtle inspira- the Peace Corps under Sargent Shriver. ments made by the United States tion hidden in our deepest instincts to I came to know Edgar May when we Trade Representative, Ambassador seek out goodness and love and content served together in the Vermont State Kirk, regarding the Panama and Co- us with the whisper of truth and pres- Senate, where we reminded colleagues lombia Free Trade Agreements. ence. every day of our obligation to be there In addition to the tax haven and Lord, if we desire You to be a part of for average Vermonters. He earned tre- money laundering issues with Panama, our busy lives we need to find some mendous respect for his ability to solve and the fact that Colombia remains the cave of aloneness where we can heed difficult problems, to temper emerging most violent country for trade union- Your voice and ponder Your Word with feuds and, most importantly, for the ists in the world, it would be a mistake a clean heart. profound decency at the core of all his to pursue these two unfair trade agree- Enable us and our children not to be work. ments as we attempt to recover from afraid of silence. Edgar has devoted his recent years to the worst economic crisis since the Only from silence can come the depth providing the people of Springfield Great Depression. of expression, the wellspring of beau- with something they thought they’d Our economy began this downward tiful and common language that will never have, a downtown recreation cen- spiral as a result of irresponsible trade help us interpret all the sounds of our ter at the site of an old machine tool policies that have outsourced millions noisy world. plant, a resource for all people of all of good-paying American jobs. With the Lord, help us to keep silent so that ages and all incomes. The Southern unemployment rate at 8.5 percent, the we can listen better. Help us to abide Vermont Health and Recreation Center last thing our economy can afford is in the silence of prayer so prayer can is a symbol of Springfield’s quiet but more of the same. live in us, now, and forever. Amen. confident determination to continue I intend to work with the Obama ad- f reviving one of Vermont’s proudest cit- ministration and my colleagues in Con- THE JOURNAL ies. Its creation is a testament to gress to forge a new direction on trade Edgar May’s perseverance and his devo- that addresses the devastation caused The SPEAKER. The Chair has exam- tion to his city, his State and country. ined the Journal of the last day’s pro- by NAFTA and, instead, creates jobs and grows industry in the United ceedings and announces to the House f her approval thereof. States. Pursuant to clause 1, rule I, the Jour- NEW EMPLOYEE VERIFICATION f nal stands approved. ACT AMERICANS HAVE THE RIGHT TO f (Mr. SAM JOHNSON of Texas asked PROTEST PLEDGE OF ALLEGIANCE and was given permission to address (Mr. FLEMING asked and was given The SPEAKER. Will the gentleman the House for 1 minute and to revise permission to address the House for 1 and extend his remarks.) from Illinois (Mr. HARE) come forward minute and to revise and extend his re- and lead the House in the Pledge of Al- Mr. SAM JOHNSON of Texas. Last marks.) legiance. night my colleague GABBY GIFFORDS of Mr. FLEMING. Mr. Speaker, last Mr. HARE led the Pledge of Alle- Arizona and I re-introduced our work week I joined thousands of citizens in giance as follows: site enforcement bill, the New Em- my district to protest the reckless dis- ployee Verification Act, H.R. 2028, or I pledge allegiance to the Flag of the regard Washington has shown for the United States of America, and to the Repub- NEVA. Our bill would create the Na- taxpayers of this Nation and their lic for which it stands, one nation under God, tion’s first mandatory employment hard-earned dollars. indivisible, with liberty and justice for all. verification system for all U.S. em- People are angry, they are frus- f ployers. trated, and they feel that Washington The act achieves three important ob- is not listening, so they came together ANNOUNCEMENT BY THE SPEAKER jectives. It ensures a legal work force, to protest in the same manner as our The SPEAKER. The Chair will enter- it safeguards workers’ identities, and it forefathers. Their message was simple. tain up to five 1-minutes on each side protects Social Security. Stop spending our money, taxing our of the aisle. Employers want, need and deserve a families and borrowing against the fu- f reliable employee verification system, ture of our children. and we want to give it to them. How did the media and our Democrat HONORING EDGAR MAY Now’s the time for the Congress to leaders here in Washington respond? (Mr. WELCH asked and was given create a new way forward that prevents They were dismissive. permission to address the House for 1 illegal immigrants from taking jobs The Speaker of the House, in fact, re- minute and to revise and extend his re- from American citizens. I urge my col- ferred to this grassroots effort as marks.) leagues to cosponsor H.R. 2028. When Astroturf. Mr. WELCH. Madam Speaker, I rise immigration reform happens this year, At the same time, Homeland Secu- today to honor a Vermonter who has this bill ought to be part of it. rity released a report labeling political

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

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10456 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 opponents of the administration as po- The fire that took his life was his very Mr. Speaker, the American people tential terrorists. The right of citizens first alarm call. need more than just lip service when it to speak out against their party in Mr. Speaker, our country is better comes to their futures. They need real power is at the heart of our democracy. because of remarkable Americans that solutions, solutions which come from For a party that carps about biparti- risk their lives to protect us from empowering the public, not from sanship and freedom of speech, the harm. Firefighters rush to the sound of racking up more debt. Democrat leadership should back their the alarm to fight the fires that de- I urge my colleagues to support the words with actions. stroy our communities and threaten Savings Recovery Act. f lives of citizens. Two of those fire- f fighters, James Harlow, Sr. and RESET THE COURSE ON TRADE HONORING THE MEMORY OF Damion Hobbs, gave their lives in that POLICY SANDRA CANTU sacred duty. (Mr. MICHAUD asked and was given And that’s just the way it is. (Mr. MCNERNEY asked and was permission to address the House for 1 given permission to address the House f minute.) for 1 minute.) Mr. MICHAUD. Mr. Speaker, United LAS VEGAS SUN PULITZER PRIZE Mr. MCNERNEY. Mr. Speaker, I rise States Trade Representative Ron Kirk (Ms. TITUS asked and was given per- today to honor the memory of Sandra said this week that the administration mission to address the House for 1 Cantu, a child whose life was tragically wants to move forward with the Bush- minute and to revise and extend her re- cut short. Eight-year-old Sandra lived negotiated Panama and Colombia Free marks.) in Tracy, California, a town I am hon- Trade Agreement ‘‘sooner rather than Ms. TITUS. Mr. Speaker, I rise today ored to represent. later.’’ This is absolutely outrageous to congratulate the Las Vegas Sun and Now known as ‘‘Tracy’s precious and a serious mistake, and contrary to reporter Alexandra Berzon for the top- angel,’’ Sandra was a cheerful, friendly what the President campaigned on. notch reporting that carried them and girl whose joyful life was evident Why would we be moving forward on earned them the prestigious Pulitzer whether she was doing cartwheels or a trade agreement negotiated by Presi- Prize for public service earlier this playing on the jungle gym. She bright- dent Bush during a time where our week. ened the lives of everyone she came economy is struggling? This makes no Alexandra’s investigation into the into contact with, even those who sense whatsoever. It does not represent deaths of construction workers on the never met her, as was seen in the num- a new model on trade. It represents a Las Vegas Strip, combined with the ef- ber of people at her memorial last recycled model that doesn’t work. forts of editorial writers, Matt Hufman week. At home, people are furious about and David Clayton brought attention Her horrific kidnapping and death these trade deals. During the economic to this serious issue and resulted in are a tragedy beyond description. No downturn, do we really want to push critical safety reforms that will save parent should have to experience the forward a Bush-negotiated free trade lives in Nevada. loss of a child, especially at such a agreement? I believe the American peo- Nine workers had died on the job young age. ple deserve more. I believe they de- when Alexandra wrote her first of more I am touched by the outpouring of mand more from their elected officials. than 50 stories chronicling the dangers support for Sandra’s family from the We have a historic opportunity with construction workers face when safety Tracy residents and for the tireless a new administration to reset the is sacrificed for speed or profit. Her work of the Tracy Police Department. course of trade policy. I look forward findings will be very valuable to Con- Sandra Cantu will be missed, and I join to working with the administration to gress as the Education and Labor Com- those who grieve as we celebrate her change the course of direction. mittee examines this issue further. short life. f The first Pulitzer for the Las Vegas f LAST FIRE ALARM FOR FIRE- Sun is a momentous occasion for the THE REAL COST OF CAP-AND- FIGHTERS JAMES HARLOW, SR. paper and for our community, so I, TRADE LEGISLATION AND DAMION HOBBS again, congratulate the Sun and Alex- andra for earning journalism’s highest (Mr. PENCE asked and was given per- (Mr. POE of Texas asked and was honor. mission to address the House for 1 given permission to address the House minute and to revise and extend his re- for 1 minute.) f marks.) Mr. POE of Texas. Mr. Speaker, the b 1015 Mr. PENCE. Mr. Speaker, this week, safety of our Nation’s citizens often de- House Democrats begin hearings on so- pends on the courageous Americans FISCAL RESPONSIBILITY called ‘‘cap-and-trade’’ legislation. It is who choose to serve as firefighters. (Mr. SMITH of Nebraska asked and their legislative response to concerns They answer the sound of the alarm was given permission to address the over global climate change. Even every day to protect and to serve. House for 1 minute and to revise and former Vice President Al Gore will tes- On April 12, 2009, two Texas firemen extend his remarks.) tify tomorrow here on Capitol Hill. But were killed in the line of duty while Mr. SMITH of Nebraska. Thank you, as many around the country and in this rushing into a burning home to look Mr. Speaker. body are realizing, there are a lot of in- for an elderly couple. Captain James Yesterday, the Savings Recovery convenient truths about the cap-and- Arthur Harlow, Sr. and Firefighter Act, legislation designed to help Amer- trade bill. Damion Jon Hobbs both served at icans rebuild their retirement, college The Democrat plan actually caps Houston Fire Station Number 26. and personal savings, was introduced. growth and trades jobs, and the truth Captain Harlow served 29 years at the This legislation will make it easier for is this cap-and-trade legislation is es- Houston Fire Department. He was mar- Americans to save more for their re- sentially an economic declaration of ried to Debbie, and a wonderful father tirement by increasing the contribu- war on the Midwest by liberals in and grandfather. He also liked to hunt tion and catch-up limits for individuals Washington, D.C., and it must be op- and to fish. and families. It will restore college posed. Firefighter Hobbs served our country savings by extending the existing cred- Under the Democratic plan, esti- for 10 years in the United States Army, it for contributions made to college mates suggest the average American where he just recently returned from savings accounts. The Savings Recov- household could face more than $3,000 a Iraq to join the Houston Fire Depart- ery Act will ensure workers retain con- year in higher energy costs, and people ment. He left behind parents, siblings trol over their hard-earned 401(k)s, not in the Midwest, like us in Indiana, will and his longtime girlfriend, Crystal. the Federal Government. bear the largest burden. Even the

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10457 President, as candidate, said, ‘‘Under substitute. The previous question shall be After years of battle between the my plan of cap-and-trade, electricity considered as ordered on the bill and amend- local water authority and the State rates would necessarily skyrocket.’’ We ments thereto to final passage without inter- canal corporation over rights to the vening motion except one motion to recom- can only estimate these numbers, Mr. mit with or without instructions. water, a couple of summers ago, the Speaker, because the Democratic plan Hinckley Reservoir drained to within 3 The SPEAKER pro tempore (Mr. includes no numbers. feet of disrupting the water supply. WELCH). The gentleman from New York The truth is the American people de- That was not because of a lack of serve to know what all this is going to is recognized for 1 hour. Mr. ARCURI. Mr. Speaker, for pur- water. That has never been the issue. cost. The Democrats and the Congress poses of debate only, I yield the cus- Rather, it was the lack of a cogent need to come clean about the cost of tomary 30 minutes to the gentleman water policy and agreement by the con- their cap-and-trade bill, and when they flicting interests. The low reservoir from Florida (Mr. LINCOLN DIAZ- do, this Congress and the American level impacted hydropower generation BALART). All time yielded during con- people will reject it. sideration of the rule is for debate at a local power facility, and it jeop- f only. ardized drinking water safety. A situa- tion like this is unacceptable, espe- PROVIDING FOR CONSIDERATION GENERAL LEAVE cially when there is a large amount of OF H.R. 1145, NATIONAL WATER Mr. ARCURI. I ask unanimous con- water available. It is critical that we RESEARCH AND DEVELOPMENT sent that all Members have 5 legisla- put measures in place resolving the INITIATIVE ACT OF 2009 tive days within which to revise and extend their remarks and to insert ex- conflicting objectives and poor commu- Mr. ARCURI. Mr. Speaker, by direc- nication between agencies. tion of the Committee on Rules, I call traneous materials into the RECORD. The SPEAKER pro tempore. Is there This underlying bill and the water up House Resolution 352 and ask for its census it creates is the first step in immediate consideration. objection to the request of the gen- tleman from New York? that process for similar situations that The Clerk read the resolution, as fol- exist, not only in New York State but lows: There was no objection. Mr. ARCURI. I yield myself such around the country. That is why I’m H. RES. 352 time as I may consume. offering an amendment that will re- Resolved, That at any time after the adop- Mr. Speaker, H. Res. 352 provides for quire the interagency committee cre- tion of this resolution the Speaker may, pur- a structured rule for consideration of ated by this bill to study competing suant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the H.R. 1145, the National Water Research water supply uses and how different Whole House on the state of the Union for and Development Initiative Act of 2009. uses interact and impact each other. consideration of the bill (H.R. 1145) to imple- Among the many challenges we face, Our water supply is invaluable in so ment a National Water Research and Devel- none is more elemental than protecting many ways, not only for consumption opment Initiative, and for other purposes. our water. Increases in population, but for the generation of electricity, The first reading of the bill shall be dis- growing energy demands and shifting for the production of food, for transpor- pensed with. All points of order against con- weather patterns jeopardize water sup- tation, and for recreation, just to name sideration of the bill are waived except those plies across the country. Water is es- a few. We must be sure to balance these arising under clause 9 or 10 of rule XXI. Gen- eral debate shall be confined to the bill and sential and irreplaceable, but many competing interests in an efficient and shall not exceed one hour equally divided Americans are unaware that many sup- equitable way. and controlled by the chair and ranking mi- plies across the country are at risk. Mr. Speaker, I strongly support the nority member of the Committee on Science It is critical that we coordinate the National Water Research and Develop- and Technology. After general debate the efficient use of water resources and ment Initiative Act. I hope that my bill shall be considered for amendment under maintain water quality. Competent colleagues on both sides of the aisle the five-minute rule. It shall be in order to water management is essential if we will continue to support it as well. consider as an original bill for the purpose of are to meet the competing needs of I reserve the balance of my time. amendment under the five-minute rule the transportation, industry, agriculture, Mr. LINCOLN DIAZ-BALART of amendment in the nature of a substitute rec- Florida. Mr. Speaker, I would like to ommended by the Committee on Science and recreation, and power production, but Technology now printed in the bill. The com- currently more than 20 Federal agen- thank my friend, the gentleman from mittee amendment in the nature of a sub- cies carry out research and develop- New York (Mr. ARCURI), for the time, stitute shall be considered as read. All points ment on some aspect of water supply, and I yield myself such time as I may of order against the committee amendment water quality or water management. consume. in the nature of a substitute are waived ex- H.R. 1145 would address this issue by Water is the most essential and basic cept those arising under clause 10 of rule creating a National Water Research natural resource to sustain life. The XXI. Notwithstanding clause 11 of rule and Development Initiative to improve single greatest factor that has contrib- XVIII, no amendment to the committee Federal, State and local government uted most to the spread of public amendment in the nature of a substitute shall be in order except those printed in the activities related to water research and health in the United States is access to report of the Committee on Rules accom- development. The bill would improve clean water. Across the country, ap- panying this resolution. Each such amend- coordination on Federal research by es- proximately 40 billion gallons of water ment may be offered only in the order print- tablishing an interagency committee are used each day for industrial pur- ed in the report, may be offered only by a to ensure Federal agencies work to- poses, for home landscaping, for per- Member designated in the report, shall be gether on critical water issues. sonal hygiene, for thirst, and for many considered as read, shall be debatable for the A lack of coordination and competing other uses. The average American uses time specified in the report equally divided interests frequently strain agencies about 100 gallons of water per day. and controlled by the proponent and an op- and local communities tasked with As our cities and communities con- ponent, shall not be subject to amendment, and shall not be subject to a demand for divi- managing a limited water supply. A tinue to expand, one of the greatest sion of the question in the House or in the perfect example of this problem can be challenges faced by local governments Committee of the Whole. All points of order found in my district in Upstate New is finding ways to sustain adequate against such amendments are waived except York, where the Hinckley Reservoir clean water supplies to meet the grow- those arising under clause 9 or 10 of rule XXI. supplies water for 130,000 residents in ing demand. However, our knowledge At the conclusion of consideration of the bill my hometown of Utica and for the out- about water resources and conserva- for amendment the Committee shall rise and lying areas; but as with most bodies of tion is based on research conducted in report the bill to the House with such water, the reservoir serves multiple the middle of the last century. The un- amendments as may have been adopted. Any Member may demand a separate vote in the uses, not just as a source of drinking derlying legislation being brought to House on any amendment adopted in the water but as a source of hydropower the floor now, the National Water Re- Committee of the Whole to the bill or to the and a water supply for the canal and a search and Development Initiative Act, committee amendment in the nature of a recreational site. will help bring our knowledge of water

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10458 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 resources into this century by coordi- just during the minutes that have Cayuga Canal. And at this point, 1 inch nating national research and develop- ticked during this debate. That’s four of the lake level of Seneca Lake is ment efforts to ensure adequate water times what President Obama has asked roughly about 1.2 billion gallons of supplies through greater efficiency and his Cabinet to cut earlier this week. We water, and yet the lake level is down conservation programs. could have spent this time helping cut several inches. A number of different Specifically, the bill establishes an Federal waste and reducing the debt State and Federal agencies are in- interagency committee to develop a being piled on our children and their volved in the management of the water national water research and assess- children. It’s another example of the at Seneca Lake, and yet no one can ment plan in coordination with State, issues that we should be debating in come together on what the cause is and local and tribal governments, and it this Congress. how to regulate the amount of outflow will also coordinate all research devel- Yet, instead of addressing the chal- from the lake. opment data and other activities re- lenges that confront the American peo- What is amazing is we have all of lated to water, and it will ensure the ple, the majority has chosen to devote these competing uses for a finite optimal use of resources and expertise precious floor time and, in effect, to amount of water, and yet the agencies by avoiding duplicity through better take an entire congressional week to that oversee these uses act more like intergovernmental cooperation. consider a noncontroversial water bill. competitors rather than competitive I had the privilege during the last That’s the way this majority has cho- stewards of a very scarce resource. district work period of meeting with sen to run Congress. We need this bill to study how using constituents throughout my district I reserve the balance of my time. water for one of these purposes impacts about issues that matter to them. No Mr. ARCURI. Mr. Speaker, I thank or limits the use of other purposes. one mentioned anything related to this my colleague from the Rules Com- That is what is critical. There is noth- bill. It’s an important bill; it’s an im- mittee for his passionate statement, ing more important than our good portant issue, but there are other but I have to disagree with respect to stewardship of our resource of water. issues that are much more pressing, talking about water as an issue that Seneca Lake, Hinckley Reservoir, issues that, I think, we should be de- isn’t as important as other issues. two issues in my district alone, and bating, instead of spending an entire Clearly, we have many important that’s just one small congressional dis- week on a water bill that enjoys abso- issues facing this country, but in the trict. There are 435 in the country, all lute consensus, bipartisan support in past 2 weeks that I was home, I did 11 with similar issues. To maximize the this Congress. We should be working on town hall meetings, and I can tell you benefits, we need to make sure we are issues that really matter the most to that water came up in every single using the water in the best way. And our constituents—the pressing and town hall meeting, whether it was en- therefore, Mr. Speaker, I think that it critical issues Americans deal with on suring that the water purity, the is necessary that we pass this rule and a daily basis. For example, we could be ground water purity was safe in the the underlying bill. working to help the people of our great southern part of my district where I reserve the balance of my time. Nation to rebuild their retirement, col- they are doing hydraulic fracking for Mr. LINCOLN DIAZ-BALART of lege and personal savings accounts. natural gas in the shale or whether it Florida. Mr. Speaker, I reiterate, water Earlier this week, the Inspector Gen- is using excessive amounts in hydro is important, but to have taken an en- eral of the Treasury Department re- plants with the Hinckley Dam that I tire week of congressional time on this leased a report confirming the lack of just spoke of, or whether it is lowering bill when the American people are fac- oversight and accounting of taxpayer the level of Seneca Lake to feed hydro ing so many challenges is not appro- money in the TARP program. By the plants in the Finger Lakes. priate. way, in my almost 17 years here, Mr. People are concerned. And I would At this time, I yield 4 minutes to my Speaker, there is no vote that I’m submit that other needs and other uses distinguished colleague, the great lead- happier to have cast a ‘‘no’’ on than for of water are very important. Other er in this Congress from Michigan that of the TARP program. I knew the things that we do here in Congress are (Mrs. MILLER). future would be lined with scandal. critically important, but nothing is Mrs. MILLER of Michigan. I thank Less than one-half of 1 percent of that more important than keeping the the gentleman for yielding. TARP program has gone to the State water that we drink clean and fresh. Mr. Speaker, I rise in opposition to that I’m honored to represent, really That is the number one resource of our this rule and this legislation as well, Ground Zero in the housing crisis, country, that is the most important the National Water Resource and De- Florida. Less than one-half of 1 per- thing that we, as a Nation, have, and velopment Initiative Act. cent. Wall Street was more than taken that is keeping our water supply clean. As a Representative of Michigan, the care of. Yet, troubled assets, that was People talk about how important oil is, Great Lakes State, water issues of all what we were told was the purpose of and clearly it is. But water is, without varieties are very important to all of that legislation, troubled assets recov- a doubt, the most important com- my constituents. The Great Lakes are ery. I don’t think one troubled asset modity, resource that we have. We fully one-fifth, or 20 percent, of the has been purchased. can’t live without water, and, there- world’s freshwater drinking supply, fore, it is the most important thing. and certainly that makes them a nat- b 1030 I have already discussed the com- ural resource unparalleled on the plan- Those are the kinds of issues we peting uses of hydro recreation and et. should be dealing with. economic development and water use This legislation, which would estab- So the question I would ask you, why in my district in one end of it. But as lish a national committee to study our doesn’t the majority address those crit- I said, there are other parts of my dis- Nation’s water needs and to make rec- ical issues? For example, bring forth trict, as well, and the Finger Lakes re- ommendations for a comprehensive na- legislation to increase transparency in gion that are very concerning. tional water strategy, sounds very that TARP program. Seneca Lake is the second deepest good and very noncontroversial at first Water is an important issue, but we lake in North America, yet they still blush. But whenever a national water could bring it here summarily on sus- encounter safety concerns because the policy is first discussed, we in Michi- pension. It doesn’t need to take a week lake levels are going down. Now, not gan and the Great Lakes Basin get of the precious time of this Congress. only is that important again for recre- very nervous. And whether it is due to By the time we finish debating this ation, for hydropower, for water use, population expansion and to dryer rule, Mr. Speaker—there is a clock for drinking water use, but the level of areas of the Nation in the South or the there over your head and we see the the lake is going down. It’s the water West or global warming or whatever, minutes passing—the Federal Govern- source for the Seneca Falls Power water is going to be a very important ment will have spent over $400 million Company. It’s located on the Seneca- need for many in the 21st century.

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10459 In fact, just last year, Mr. Speaker, fear that everything is subject to days within which to revise and extend Business Week magazine did a cover change. And while I am not suggesting their remarks and include extraneous story about why the great oilman T. that this legislation aims to divert material on the bill, H.R. 1145. Boone Pickens thinks water is actually Great Lakes water, it also does nothing The SPEAKER pro tempore. Is there the new oil. As a result of these chal- to protect them or to protect and pro- objection to the request of the gen- lenges, some have begun to promote hibit diversion either. Such protections tleman from Tennessee? the idea of a natural water policy to would make, certainly, my constitu- There was no objection. deal with these challenges, and atten- ents and all the people that live in the f tion will undoubtedly turn to the Great Lakes Basin much more com- places that have freshwater like the fortable with the establishment of a MESSAGE FROM THE SENATE Great Lakes. There have been numer- national water policy. And since those A message from the Senate by Ms. ous examples of this over the decades protections are not included in this Curtis, one of its clerks, announced on both sides of the aisle here. But let legislation, Mr. Speaker, I will be op- that the Senate has agreed to a concur- me illustrate a recent one. posing both this rule and the bill. rent resolution of the following title in During the 2008 Presidential cam- Mr. ARCURI. Mr. Speaker, I thank which the concurrence of the House is paign, New Mexico Governor Bill Rich- the gentlelady from Michigan for her requested: ardson, who was then running for insightful comments and certainly her S. Con. Res. 18. Concurrent resolution sup- President, told the Las Vegas Sun, ‘‘I strong leadership on protecting what I porting the goals and ideals of World Malaria want a national water policy. We need believe to be the greatest natural re- Day, and reaffirming United States leader- a dialogue between the States to deal source not only in America but also in ship and support for efforts to combat ma- with issues like water conservation, North America and our water supply. laria. water reuse technology, water delivery, I would inquire if the other side has The message also announced that and water production.’’ And he went on any other speakers. pursuant to Public Law 106–398, as to say, ‘‘States like Wisconsin are Mr. LINCOLN DIAZ-BALART of amended by Public Law 108–7, in ac- awash with water.’’ Florida. No, we do not. cordance with the qualifications speci- Fortunately, in order to prevent ef- I thank my friend for the handling of fied under section 1238(b)(3)(E) of Pub- forts by others to divert Great Lakes the rule on this important matter. lic Law 106–398, and upon the rec- water outside the Basin, last fall we Mr. Speaker, I would simply reiterate ommendation of the Republican Lead- enacted the Great Lakes Compact, that while this issue is of great impor- er, in consultation with the ranking which reserves for the Governors of the tance, there are many other issues fac- members of the Senate Committee on Great Lakes States the opportunity to ing this Nation, and for this entire Armed Services and the Senate Com- regulate diversions of water from the week for this Congress to have done mittee on Finance, the Chair, on behalf Great Lakes Basin. The compact bans nothing else during this entire week is of the President pro tempore, appoints new and increased diversions of water really unfortunate and it shows the the following individuals to the United outside the Great Lakes Basin with States-China Economic Security Re- only limited, highly regulated excep- manner in which the majority of this view Commission: tions, and it establishes a framework Congress, the leadership of the major- Dennis Shea of Virginia, for a term for each State and the two provinces in ity of this Congress is running this expiring December 31, 2010. Canada to enact laws protecting the Congress, and the American people are Robin Cleveland of Virginia, for a Basin. And after being ratified by the finding out. They are discovering it. term expiring December 31, 2010, vice Great Lakes State, the compact passed We have no further speakers. At this this House last September by a vote of time, I yield back the balance of our Mark Esper of Virginia. 390–25, and the Senate actually passed time. The message also announced that it under unanimous consent, was then Mr. ARCURI. Mr. Speaker, I thank pursuant to Public Law 106–286, the signed into law by then-President my friend from Florida (Mr. LINCOLN Chair, on behalf of the President of the Bush. DIAZ-BALART) for his management of Senate, and after consultation with the In order to ensure that this new this rule. Majority Leader, appoints the fol- water initiative does not infringe on Mr. Speaker, in closing, I would like lowing members to serve on the Con- the principles associated with the to thank Chairman GORDON for work- gressional-Executive Commission on Great Lakes Compact, I offered an ing to bring this important piece of the People’s Republic of China: amendment to the Rules Committee legislation to the floor. As I said ear- The Senator from Montana (Mr. BAU- yesterday. Regrettably, it was not lier, there really is nothing more im- CUS). made in order. Quite simply, my portant or elemental than our water The Senator from Michigan (Mr. amendment would have prevented the and our water supply. We must manage LEVIN). interagency committee, the National it wisely. There is just too much at The Senator from California (Mrs. Water Initiative Coordination Office, stake if we do not. I believe this bill is FEINSTEIN). the National Water Research and As- going to go a long way towards improv- The Senator from North Dakota (Mr. sessment Plan from considering or pro- ing the way we manage our most pre- DORGAN), Chairman. moting policies that would undermine cious natural resource and ensure that The Senator from Ohio (Mr. BROWN). or interfere with the principles of the it is clean, safe, and abundant for fu- f Great Lakes-St. Lawrence River Basin ture generations. NATIONAL WATER RESEARCH AND Water Resources Compact. I urge a ‘‘yes’’ vote on the previous The Great Lakes, as I said, are the question and on the rule. DEVELOPMENT INITIATIVE ACT very identity of my State of Michigan I yield back the balance of my time, OF 2009 and all of us in the Great Lakes Basin, and I move the previous question on The SPEAKER pro tempore. Pursu- and we all take their care very seri- the resolution. ant to House Resolution 352 and rule ously. My constituents will not abide The previous question was ordered. XVIII, the Chair declares the House in even the prospect of a diversion of the The resolution was agreed to. the Committee of the Whole House on Great Lakes water to other areas of A motion to reconsider was laid on the state of the Union for the consider- the country where growth is beginning the table. ation of the bill, H.R. 1145. to outstrip their resources. And some f b 1044 might argue that the Great Lakes Compact provides all of the protections GENERAL LEAVE IN THE COMMITTEE OF THE WHOLE that we need. Mr. GORDON of Tennessee. Mr. Accordingly, the House resolved I do agree that there are very strong Speaker, I ask unanimous consent that itself into the Committee of the Whole protections in the compact, but I also all Members may have 5 legislative House on the State of the Union for the

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consideration of the bill (H.R. 1145) to 1145. Ranking Member RALPH HALL has mindful to ensure that these two bills implement a National Water Research been a champion of produced water uti- complement each other and do not cre- and Development Initiative, and for lization legislation, and this bill incor- ate additional bureaucratic burdens on other purposes, with Ms. SPEIER in the porates research to pursue the goals es- water research efforts. chair. tablished in his bill, H.R. 469. We are In addition to the concerns of repeti- The Clerk read the title of the bill. happy to accept constructive amend- tious Federal efforts, I am cognizant The CHAIR. Pursuant to the rule, the ments from other Members of the mi- that the complex responsibility for de- bill is considered read the first time. nority, and the bill was reported out of veloping and managing the Nation’s The gentleman from Tennessee (Mr. the committee in a strong bipartisan water resources are shared between GORDON) and the gentleman from Texas manner. Federal, State, local, even tribal and (Mr. HALL) each will control 30 min- H.R. 1145 will coordinate national re- private interests. Several Federal utes. search and development efforts on water laws have recognized States as The Chair recognizes the gentleman water and provide a clear path forward having primacy over the allocation and from Tennessee. to ensure adequate water supplies for use of water. This notion has been fur- Mr. GORDON of Tennessee. Madam generations to come. This bill will en- ther reinforced by Supreme Court deci- Chair, I yield myself such time as I sure that we have an effective national sions. Therefore, we have to be very may consume. water strategy that uses Federal re- careful not to undermine the historical Madam Chair, I rise in strong support search and development dollars effi- responsibility of State and local gov- of H.R. 1145, the National Water Re- ciently and eliminates redundant pro- ernments on managing their water re- search and Development Initiative Act grams. sources. It is vitally important that of 2009. H.R. 1145 has been endorsed by the the authorities given in this bill do not Thirty-six States expect to experi- National Beverage Association, by the supersede or replicate efforts of these ence significant water shortages by the National Rural Electric Cooperative at the levels that I have just laid out. year 2013. Diminished supplies of water Association, Water Innovations Alli- Furthermore, I am concerned that and intense competition for limited re- ance, the National Resource Defense the vague nature and description of the sources are forcing local water agen- Council, Water Environment Research ‘‘National Water Census’’ in this bill cies to make tough decisions on water Foundation, the Council of Scientific may be a step toward federalizing allocations and limiting access to Society Presidents, Food and Water groundwater, surface water, and other needed water by businesses and fami- Watch, Water Research Foundation, water resources normally managed by lies. Alliance Environmental, and Clean State and local entities. To that end, When severe water shortages occur, Water Action. we offered and passed an amendment in the economic impact is substantial. In In tough economic times, it is imper- committee to ensure State, local and 2007, the Tennessee Valley Authority ative that we use every dollar we spend tribal participation in coordination ef- was forced to shut down a nuclear reac- effectively. Coordination of Federal forts. Previous efforts to organize tor due to a lack of acceptable cooling agencies, activities, and strong part- water research and management have water in the Tennessee River. Accord- nerships with the State, local and trib- been generalized in what they call ing to a report from the National Oce- al governments will ensure that Fed- ‘‘top-down’’ agendas, with little or no anic and Atmospheric Administration, eral programs are focused on areas of participation from the States or local each of the eight water shortages over greatest concern and that our efforts levels. The intent of this amendment the past 20 years from drought and are complementary and effective. was to encourage a true dialogue be- heat waves resulted in $1 billion or I urge my colleagues to support this tween the levels of government. more in monetary losses. The Associa- important legislation. I am pleased that the chairman in- tion of California Water Agencies re- Mr. Chairman, I reserve the balance cluded language in the bill expanding ported in April of 2008 that California of my time. the Energy-Intensive Industries Pro- is now losing income and jobs due to Mr. HALL of Texas. I yield myself gram established in the Energy Inde- the State’s water supply crisis. such time as I may consume. Over 20 Federal agencies carry out The National Water Research and De- pendence and Security Act of 2007 to research and development on some as- velopment Initiative Act is the Science include ‘‘research to develop water-effi- pect of water supply, water quality, or and Technology Committee’s response cient technologies that increase energy water management. Despite spending to a lot of recommendations that were efficiency, including utilization of im- millions of dollars on research at each made by the country’s top scientists on paired water sources in production.’’ of these agencies, an increase in the water research and development. During the full committee markup, number of water shortages and emerg- Our water supply is of vital impor- questions were posed about the defini- ing conflicts over water supply suggest tance to the health and well-being of tion of ‘‘impaired waters.’’ These ques- that we are still inadequately prepared our Nation, and this bill, as passed out tions sought to clarify that impaired to address the Nation’s water manage- of the committee and the good work waters included water extracted during ment issue. that was done in the committee, dem- oil and gas exploration and production, A new commitment is necessary to onstrates an effort on both sides to ad- also known as produced water. I ap- ensure that the United States can meet dress concerns over water research. plaud this effort and note that as a po- the water challenges over the next 20 No State is immune to water prob- tentially significant source of water, years and onward. As chairman of the lems, whether there is too little of it or the language of this bill should be in- Science and Technology Committee, I an overabundance of it. Yet in the last terpreted to be inclusive of all sources have tasked the committee with ad- quarter century, our knowledge of of nonpotable water. vancing this issue through hearings water resources has been based on re- As we move forward with today’s de- and with legislation to address techno- search that was conducted in the mid- bate on H.R. 1145, I would like to com- logical and strategic deficiencies at the dle of the last century. While I support mend the many Members who offered Federal level. Our committee held the concept behind the National Water amendments in order to attempt to hearings in 2008 and 2009 to examine Research and Development Initiative make this a better bill. However, there the problems associated with dwindling Act, issues remain that need to be fur- are several amendments that give me water supplies across the Nation and to ther addressed. some concern. I am very hopeful that receive testimony as to how the Fed- I am still convinced that several pro- today’s debate will address any appre- eral Government can help meet these visions of H.R. 1145 may duplicate pro- hension and allow us to move the bill challenges. visions found in H.R. 146, the Omnibus forward. I am proud of the bipartisan support Public Lands Act of 2009, specifically Mr. Chairman, I reserve the balance and collaboration that resulted in H.R. the SECURE Water Act. We have to be of my time.

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10461 Mr. GORDON of Tennessee. Mr. regions, the increase of water use by busi- search and Development Initiative Act.’’ I am Chairman, I yield myself such time as nesses, agriculture, and other interests dem- proud to support Chairman GORDON’s legisla- I may consume. onstrates the need for this important legisla- tion as a cosponsor of the bill. I thank the Let me again thank Ranking Member tion. The national population explosion has al- Chairman, along with Chairman STUPAK and HALL for his help in this bill. We have ready begun to stress the water resources the Science Committee staff for bringing this had a number of hearings over the last across the country. In Colorado alone, the bill to the floor. My home state of Utah is the 2 years. We have had open forums, we population has grown by over 14 percent second driest state in the nation. Over the have had witnesses that have presented since 2000, a common theme across the past year, Utah has overcome a twelve year their testimony. He outlined a variety Western states and the Southeast. Our nation drought that threatened major industries in my of legitimate concerns that came about is experiencing water supply and quality con- district. This water shortage threatens recre- at the committee level, such as pro- trol challenges at all levels. This legislation en- ation, tourism, ranching, and agriculture. All of duced water and getting a better defi- sures that current demand is met, that future these industries rely heavily on water usage. nition. It was a better bill because of supply is available, and that efforts requiring This bill coordinates national research and his help, and I thank him for that. immediate attention are coordinated in an ef- development efforts on water and provides a Concerning the Public Lands Act, I fective manner. clear path forward to ensure adequate water will just point out, as I had earlier, I am grateful that Chairman GORDON and supplies for generations to come. It will help that the Public Lands Act, which was the Committee saw fit to include the language ensure that places like Utah have access to in the other body, is an implementa- of my amendment, which creates a pilot pro- an effective national water strategy. tion legislation, where this is legisla- gram that will serve as a national model for That is why I offered an amendment to this tion for research. conservation through energy audits of water legislation in Committee which creates a data With that, I now would like to yield facilities. The Environmental Protection Agen- collection system to quantify and define the to the gentlelady from Texas (Ms. cy will use this model to demonstrative the ef- nation’s water supply or the systems that EDDIE BERNICE JOHNSON) such time as fectiveness of energy audits and implement produce this resource. I am pleased that my she may consume, again, an important similar programs throughout the country. I language is included in this bill. member of our committee. thank the Chairman and the Committee staff This bill will help quantify water usage by al- Ms. EDDIE BERNICE JOHNSON of for recognizing this important priority. lowing water users to share best practices and Texas. Mr. Chairman, today I rise in The Congressional Budget Office indicates data in order to improve water resource man- support of H.R. 1145, the National that if enacted, this legislation would cost $8 agement. Water Research and Development Ini- million over the next four years. That equates Utah’s lack of water is a common story in the west and increasingly in other parts of the tiative Act. This bill is of great inter- to a mere 6 cents per American or 14 cents nation. The lack of water in Utah cripples est to me, as I serve as Chair of the per average American family. According to an economies and I am looking forward to work- Subcommittee on Water Resources and EPA study in 2002, ‘‘If capital investments re- ing with my colleagues on both sides of the Environment within the Transpor- main at current levels, the potential gap be- aisle to ensure this legislation is passed. tation Committee. tween 2000 and 2019 would be approximately $122 billion for wastewater infrastructure and Thank you and I urge my colleagues to sup- My city of Dallas is a beautiful area port this piece of legislation. with the Trinity River running through $102 billion for drinking water infrastructure.’’ We are in a major economic crisis in this Mr. MINNICK. Mr. Chair, Idaho and the it. Protecting Dallas from flooding and other Western states continue to deal with dif- ensuring the quality of the Trinity and country. With increases in population over that same period expected to exponentially rise, in- ficult water issues brought on by years of surrounding environments are impor- drought. We’re tired of fighting over water, and tant to me and to my constituents. action now could spell fiscal disaster for many communities for decades to come. we’re ready for smart solutions to keep our cit- Federally funded research on water is ies strong, our drinking water clean and our important to ensure an adequate sup- Many federally-coordinated programs have been enacted in the past with great success, crops healthy. ply of clean drinking water for our Na- including systems for forecasting floods and Today, the House will consider H.R. 1145, tion. H.R. 1145 will ensure coordination droughts and the development of water treat- National Water Research and Development among research programs at the dif- ment and wastewater technologies, just to Initiative Act. This bill, sponsored by my col- ferent Federal agencies that support name a few. These have allowed our country league BART GORDON, coordinates research water research. to better manage and enhance our water re- efforts on water and provides a clear path for- Whether the issue is storm water and sources. The legislation before us coordinates ward to ensure adequate water supplies for flood mitigation, clean water, or water- the activities of over 20 federal agencies cur- years to come. shed quality, investments in this area rently charged with separately devising water My amendment will help our Nation better are critical. The type of research in- resource policy, leading to less confusion over manage water by highlighting the usefulness volves scientists who work in inter- authority and implementation, which results in of our nation’s water research facilities and the disciplinary teams, blending their indi- greater efficiency and savings for taxpayers. need for these facilities to have what they vidual talents in chemistry, microbial Access to clean, reliable sources of water is need for groundbreaking research to help ecology, invertebrate biology, water- a non-partisan issue. It affects every social, states like mine, where water issues are of shed ecology, and ecosystem modeling. political, and economic class, affecting the great concern to every citizen. I want to thank Chairman GORDON prosperity and security of our communities. All Our nation depends on robust water re- for his leadership and Ranking Member Americans are looking to government to pro- search to help find better ways to manage HALL. I want to also thank him for in- vide a forward-looking, scientifically based so- shortages and severe droughts so that Idaho corporating amendments suggested by lution to a burgeoning problem. farmers, businesses and growing cities will members of the committee, one includ- We need a proactive approach to solving have a dependable, clean water supply and so ing me. water resource issues in this country, one that our energy backbone, the West’s many power- I strongly support this legislation, addresses economic and environmental con- producing dams, are able to function at opti- and I urge my colleagues to support it. cerns. This bill will help ensure proper funding, mum capacity. Research facilities compile Mr. POLIS. Mr. Chair, I rise in support of the maintenance, expansion, and enhancement of data, coordinate with agencies, and provide National Water Research and Development our conventional water and wastewater infra- the public with comprehensive information that Initiative Act of 2009. I thank Chairman GOR- structure, creating a greener, more energy effi- will help us confront water issues as they DON and the Committee for working hard to re- cient system for the future. arise. I urge my colleagues to support the introduce this important legislation. On behalf of my constituents in Colorado, manager’s amendment to this bill that includes Demand for water resources has increased, and all Americans who elected us to protect the Minnick of Idaho amendment. while our management technology and infra- their right to access to clean, reliable sources Mr. LEVIN. Mr. Chair, I urge my colleagues structure has essentially remained unchanged of fresh water, I urge my colleagues to vote to support the National Water Research and since the boom of water resource-related leg- ‘‘Yes’’ for this bill. Development Initiative Act. islation in the 1970s and 1980s. In tandem Mr. MATHESON. Mr. Chair, I rise today in There is a tendency to take the availability with the rise in population and shift to different support of H.R. 1145, the ‘‘National Water Re- of clean drinking water for granted. Even in a

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00007 Fmt 0688 Sfmt 9920 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10462 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 state like Michigan, which is surrounded by nize and appreciate your desire to bring this H.R. 1145 water, we have become increasingly aware legislation before the House in an expedi- Be it enacted by the Senate and House of Rep- that the Great Lakes are a finite resource. To tious manner and, accordingly, I will not resentatives of the United States of America in seek a sequential referral of the bill. How- Congress assembled, that end, the eight Great Lakes states came ever, I agree to waive consideration of this SECTION 1. SHORT TITLE. together last year and adopted a compact to bill with the mutual understanding that my This Act may be cited as the ‘‘National Water manage and protect the Lakes. With the ap- decision to forgo a sequential referral of the proval of the Great Lakes Compact by Con- bill does not waive, reduce, or otherwise af- Research and Development Initiative Act of 2009’’. gress, at long last we closed the door to bulk fect the jurisdiction of the Committee on SEC. 2. NATIONAL WATER RESEARCH AND DEVEL- diversion of Great Lakes water. The Compact Transportation and Infrastructure over H.R. 1145. OPMENT INITIATIVE. also establishes a comprehensive manage- Further, the Committee on Transportation (a) INITIATIVE AND PURPOSE.—The President ment framework to protect this shared re- and Infrastructure reserves the right to seek shall implement a National Water Research and source and requires Great Lake states to con- the appointment of conferees during any Development Initiative (in this Act referred to as trol their own large-scale water use. House-Senate conference convened on this the ‘‘Initiative’’). The purpose of the Initiative In other parts of the Nation, it is clear that legislation on provisions of the bill that are is to improve the Federal Government’s role in water supplies are under increasing stress. within the Committee’s jurisdiction. I ask designing and implementing Federal water re- Drought, population increases; and growing for your commitment to support any request search, development, demonstration, data collec- by the Committee on Transportation and In- tion and dissemination, education, and tech- demand has resulted in water shortages in frastructure for the appointment of con- nology transfer activities to address changes in many areas, and these shortages are ex- ferees on H.R. 1145 or similar legislation. water use, supply, and demand in the United pected to become more pronounced over Please place a copy of this letter and your States, including providing additional support time. Currently, more than 20 federal agencies response acknowledging the Committee on to increase water supply through greater effi- carry out research on water, water quality, and Transportation and Infrastructure’s jurisdic- ciency and conservation. water management. The bill before the House tional interest in the Committee Report on (b) INTERAGENCY COMMITTEE.— H.R. 1145 and in the Congressional Record will begin to coordinate national research and (1) IN GENERAL.—Not later than 3 months during consideration of the measure on the after the date of enactment of this Act, the development efforts on water to provide the House Floor. President shall establish, or designate, an inter- tools and information to manage water re- I look forward to working with you as we agency committee to implement the Initiative sources more effectively. prepare to pass this important legislation. under subsection (a). The Office of Science and I want to make clear that nothing in this leg- Sincerely, Technology Policy shall chair the interagency islation authorizes, encourages or mentions JAMES L. OBERSTAR, committee. water diversion from the Great Lakes. That is Chairman. (2) COMPOSITION.—The interagency committee off the table. What is under discussion today shall include a representative from each agency HOUSE OF REPRESENTATIVES, COM- is better coordination of programs that already that conducts research related to water or has MITTEE ON SCIENCE AND TECH- authority over resources that affect water sup- exist to improve federal activities on water, in- NOLOGY, ply, as well as a representative from the Office volving research, data collection, modeling, Washington, DC, April 17, 2009. of Management and Budget. education and the development of technology Hon. JAMES L. OBERSTAR, (3) FUNCTIONS OF THE INTERAGENCY COM- to enhance water quality and supply. As much Chairman, Committee on Transportation and MITTEE.—The interagency committee shall— as any other region, the Great Lakes states Infrastructure, House of Representatives, (A) develop a National Water Research and stand to benefit from more effective use of Washington, DC. Assessment Plan (in this Act referred to as the DEAR CHAIRMAN OBERSTAR: Thank you for ‘‘plan’’) in accordance with subsection (c) and federal water research and development dol- your April 17, 2009 letter regarding H.R. 1145, lars. in coordination with State, local, and tribal gov- the National Water Research and Develop- ernments; Let me also express my support for the ment Initiative Act of 2009. Your support for (B) coordinate all Federal research, develop- amendment offered by Representatives KIRK this legislation and your assistance in ensur- ment, demonstration, data collection and dis- and QUIGLEY which requires the National ing its timely consideration are greatly ap- semination, education, and technology transfer Water Research and Assessment Plan estab- preciated. activities pertaining to water; lished in this legislation to include long-term I agree that provisions in the bill are of ju- (C) encourage cooperation among Federal risdictional interest to the Committee on agencies and State, local, and tribal govern- projections of water levels and ice cover of Transportation and Infrastructure. I ac- major water bodies, especially the Great ments with respect to water-related research, de- knowledge that by forgoing a sequential re- velopment, and technological innovation activi- Lakes. The loss of winter ice on the Lakes re- ferral, your Committee is not relinquishing ties to avoid duplication of effort and to ensure its jurisdiction and I will fully support your sults in faster evaporation of the water. We optimal use of resources and expertise; need better data to understand the decline of request to be represented in a House-Senate (D) facilitate technology transfer, communica- conference on those provisions over which ice cover in the Great Lakes and the impact tion, and opportunities for information ex- the Committee on Transportation and Infra- this decline has on water levels in the Lakes. change with non-governmental organizations, structure has jurisdiction in H.R. 1145. A State and local governments, tribal govern- I urge my colleagues to support the legisla- copy of our letters will be placed in the Com- ments, industry, and other members of the tion. mittee Report on H.R. 1145 and in the Con- stakeholder community through the office estab- Mr. GORDON of Tennessee. Mr. Chairman, gressional Record during consideration of lished in paragraph (4); Chairman OBERSTAR and the Transportation the bill on the House floor. (E) provide guidance on outreach to minority and Infrastructure Committee staff have I value your cooperation and look forward to working with you as we move ahead with serving institutions that are eligible institutions worked with us very constructively on this leg- under section 371(a) of the Higher Education islation, and I’d like to insert an exchange of this important legislation. Sincerely, Act of 1965 (20 U.S.C. 1067q(a)) to encourage letters into the RECORD between Mr. OBER- such institutions to apply for funding opportu- BART GORDON, STAR and myself. Chairman. nities specified in the plan; HOUSE OF REPRESENTATIVES, COM- (F) encourage cooperation between Federal MITTEE ON TRANSPORTATION AND Mr. HALL of Texas. Mr. Chairman, I agencies, State and local governments, and trib- INFRASTRUCTURE, yield back the balance of my time. al governments to develop standard methods for Washington, DC, April 17, 2009. Mr. GORDON of Tennessee. Mr. collecting, managing, and disseminating data on Hon. BART GORDON, Chairman, I yield back the balance of water; and Chairman, Committee on Science and Tech- my time. (G) not later than 1 year after the date of en- nology, House of Representatives, Rayburn The Acting CHAIR (Mr. WELCH). All actment of this Act and every 3 years there- House Office Building, Washington, DC. time for general debate has expired. after— DEAR CHAIRMAN GORDON: I write to you re- Pursuant to the rule, the amendment (i) identify from each agency described in garding H.R. 1145, the ‘‘National Water Re- in the nature of a substitute printed in paragraph (2) the statutory or regulatory bar- search and Development Initiative Act of the bill shall be considered as an origi- riers preventing the use of any technology, tech- 2009’’. This legislation directs the President nique, data collection method, or model that to implement a National Water Research and nal bill for the purpose of amendment would contribute to greater availability of water Development Initiative. under the 5-minute rule and shall be resources in the United States through en- H.R. 1145 contains provisions that fall considered read. hanced efficiency and conservation; and within the jurisdiction of the Committee on The text of the committee amend- (ii) submit a report of the findings from clause Transportation and Infrastructure. I recog- ment is as follows: (i) to Congress.

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(4) NATIONAL WATER INITIATIVE COORDINATION tools to encourage public acceptance of such (b) REPORT.—Not later than 2 years after the OFFICE.— technologies and tools. date of enactment of this Act, the Comptroller (A) IN GENERAL.—Not later than 3 months (6) Development of tools and processes to fa- General shall transmit to Congress a report on after the date of enactment of this Act, the cilitate resolution of conflicts over water re- the key findings of the study conducted under President shall establish a National Water Ini- sources. subsection (a). tiative Coordination Office (in this Act referred (7) Development of information technology SEC. 7. DOE WATER TECHNOLOGIES FOR IN- to as the ‘‘Office’’), with full-time staff, to— systems to enhance water quality and supply. CREASED ENERGY EFFICIENCY AC- (i) provide technical and administrative sup- (8) Improvement of understanding of water-re- TIVITIES. port to the interagency committee; lated ecosystem services and ecosystem needs for Section 452(c)(2) of the Energy Independence (ii) serve as a point of contact on Federal water. and Security Act of 2007 (Public Law 110–140; 42 water activities for government agencies, organi- (9) Improvement of hydrologic prediction mod- U.S.C. 17111) is amended— zations, academia, industry, professional soci- els and their applications. (1) in subparagraph (C), by striking ‘‘and’’ eties, and others to exchange technical and pro- (10) Analyses of the energy required to provide after the semicolon; grammatic information; and reliable water supplies and the water required to (2) by redesignating subparagraphs (D) (iii) communicate with the public on the find- provide reliable energy supplies throughout the through (F) as subparagraphs (E) through (G), ings and recommendations of the interagency United States. respectively; and committee based on the activities conducted pur- (11) Analyses of the social, behavioral, and (3) by inserting after subparagraph (C) the suant to the Initiative. economic barriers to sustainable use of water re- following: (B) FUNDING.—The operation of the Office sources in the United States. ‘‘(D) research to develop water efficient tech- shall be supported by funds contributed from (12) Assessment of national water availability nologies that increase energy efficiency, includ- each agency represented on the interagency and use. ing utilization of impaired water sources in pro- committee. (13) Regional assessments of the status of duction;’’. (c) NATIONAL WATER RESEARCH AND ASSESS- water supplies and evaluation of potential SEC. 8. AUTHORIZATION OF APPROPRIATIONS. MENT PLAN.— changes in such status due to changes in land There are authorized to be appropriated to the (1) PLAN DEVELOPMENT.—The plan required use, population size and distribution, and eco- National Oceanic and Atmospheric Administra- under subsection (b)(3)(A) shall establish the nomic activity. tion for coordination and outreach activities priorities for Federal water research, including (14) Assessment of water quality, availability, conducted under this Act through the Office es- federally funded research, and assessment for and use in rural areas, including— tablished in section 2(b)(4)— the 4-year period beginning in the year in which (A) maintaining water quality and enhancing (1) $2,000,000 for fiscal year 2010; the plan is submitted to Congress. In the devel- energy efficiency of water treatment and deliv- (2) $2,000,000 for fiscal year 2011; and opment of the plan, the interagency committee ery through the use of technologies or practices (3) $2,000,000 for fiscal year 2012. shall consider and utilize recommendations and developed to address rural communities; and information from State, local, and tribal govern- (B) developing data and information to sup- The Acting CHAIR. No amendment ments and contained in reports that have ad- port water planning and conservation. to the committee amendment is in dressed water research needs, including the 2007 (e) ADVISORY COMMITTEE.—The President order except those printed in House Re- report issued by the Subcommittee on Water shall establish, or designate, an advisory com- port 111–82. Each amendment may be Availability and Quality (SWAQ) of the Na- mittee to advise the interagency committee es- offered only in the order printed in the tional Science and Technology Council’s Com- tablished under subsection (b). report, by a Member designated in the mittee on Environment and Natural Resources SEC. 3. BUDGET COORDINATION. report, shall be considered read, shall and recommendations of the National Academy (a) IN GENERAL.—The President shall provide of Sciences. guidance to each Federal agency participating be debatable for the time specified in (2) SPECIFIC REQUIREMENTS.—The plan shall— in the Initiative with respect to the preparation the report, equally divided and con- (A) identify each current program and activ- of requests for appropriations for activities re- trolled by the proponent and an oppo- ity of each Federal agency related to the Initia- lated to the plan. nent of the amendment, shall not be tive; (b) CONSIDERATION IN THE PRESIDENT’S BUDG- subject to amendment, and shall not be (B) identify funding levels for the previous fis- ET.—The President shall submit, at the time of subject to a demand for division of the cal year for each program and, if applicable, the President’s annual budget request to Con- question. each activity identified in subparagraph (A); gress, a description of those items in each agen- (C) set forth a strategy and a timeline to cy’s budget which are elements of the plan or AMENDMENT NO. 1 OFFERED BY MR. GORDON OF achieve the outcomes described in subsection (d) help to achieve the outcomes of the plan. TENNESSEE and shall describe— SEC. 4. COORDINATION. The Acting CHAIR. It is now in order (i) each activity required of each agency re- The interagency committee shall coordinate to consider amendment No. 1 printed in sponsible for contributing to each such outcome; House Report 111–82. (ii) the funding levels necessary to achieve the activities of the Initiative with the United each such outcome; and States Global Change Research Program. Mr. GORDON of Tennessee. Mr. (iii) the distribution of funds between each SEC. 5. ANNUAL REPORT. Chairman, I have an amendment at the agency based on such agency’s role in carrying Concurrent with the annual submission of the desk. out such activity; President’s budget to Congress, the President The Acting CHAIR. The Clerk will (D) be subject to a 90-day public comment pe- shall submit to Congress a report that describes designate the amendment. riod and shall address suggestions received and the activities and results of the Initiative during The text of the amendment is as fol- the previous fiscal year and outlines the objec- incorporate public input received, as appro- lows: priate; and tives for the next fiscal year. The report shall (E) be submitted to Congress not later than 1 include detailed information on all programs Amendment No. 1 offered by Mr. GORDON of year after the date of enactment of this Act. and activities involved in the Initiative, includ- Tennessee: (d) WATER RESEARCH OUTCOMES AND ASSESS- ing an analysis of progress towards achieving Page 2, line 10, strike ‘‘use,’’ and insert MENTS.—The plan shall outline and direct agen- the outcomes listed in section 2(d). ‘‘use, quality,’’. cies under the interagency committee to work to SEC. 6. NATIONAL WATER PILOT TESTING FACIL- Page 2, beginning on line 12, strike ‘‘effi- achieve the following outcomes: ITY FEASIBILITY STUDY AND RE- ciency and conservation’’ and insert ‘‘effi- (1) Implementation of a National Water Cen- PORT. ciency, conservation, and measures to abate sus, which shall include the collection of data (a) STUDY.— water quality impairment’’. on national water resources to create a com- (1) REQUIREMENT.—The Comptroller General Page 2, line 24, strike ‘‘supply,’’ and insert prehensive database that includes information of the United States shall complete a study ex- ‘‘supply and water quality,’’. about the quantity, availability, and quality of amining the feasibility and practicality of cre- Page 3, line 20, strike ‘‘with’’ and insert ground water and surface water resources. ating a national water pilot testing facility. ‘‘with institutions of higher education,’’. (2) Development of a new generation of water (2) CONTENTS.—The study shall— Page 3, line 22, strike ‘‘and’’ and insert monitoring techniques. (A) examine Federal programs and facilities ‘‘water resources managers, commercial end (3) Development of technologies for enhancing that currently engage in some form of water users, and’’. reliable water supply, water reuse, and pollu- technology testing; Page 4, after line 6, insert the following tion prevention. (B) evaluate the practicality and identify the (and redesignate subsequent provisions ac- (4) Development of innovative technologies potential costs of establishing a national water cordingly): and tools to enhance water quality, including pilot testing facility; and (F) provide guidance on outreach to insti- advanced water treatment and water purifi- (C) examine the efforts of Federal agencies to tutions of higher education (as defined in cation technologies. establish testing facilities related to other tech- section 101(a) of the Higher Education Act of (5) Development of innovative technologies nologies, including wind and solar, and the les- 1965 (20 U.S.C. 1001(a)) that are located in an and tools to enhance water-use efficiency and sons learned from implementing these programs. area affected by drought and encourage such

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10464 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 institutions to apply for funding opportuni- (3) by inserting after paragraph (2) the fol- interagency committee and its coordi- ties specified in the plan; lowing: nation office should work with, includ- Page 5, line 13, strike ‘‘and others’’ and in- ‘‘(3) support the goals of the National ing consumer-related businesses, water sert ‘‘public-private collaborations, commer- Water Research and Development Initiative; managers, and public-private collabo- cial end users, and others’’. and Page 5, line 16, strike ‘‘public’’ and insert ‘‘(4) submit to the interagency committee rations. ‘‘public, including through a publicly acces- under section 2(b) of the National Water Re- The amendment also adds a number sible website,’’. search and Development Initiative Act of of new research outcomes for the com- Page 7, line 10, strike ‘‘period’’ and insert 2009 a single, coordinated, annual report that mittee to investigate, including pol- ‘‘period as noticed on the Office’s website’’. identifies future water research needs.’’. luted coastal waters, changing patterns Page 7, line 14, strike the period at the end (b) TYPES OF RESEARCH AND DEVELOP- of water availability, the impacts of and insert the following: ‘‘and revised and re- MENT.—Section 108 of such Act (42 U.S.C. invasive species, the emerging con- submitted every 4 years thereafter.’’ 10307) is amended— taminants of concern, such as a variety Page 8, line 2, strike the period at the end (1) in paragraph (9), by striking ‘‘and’’ and insert the following: ‘‘and technologies, after the semicolon; of other disruptors. including techniques and technologies that (2) in paragraph (10), by striking the period This amendment also provides addi- provide publicly generated data useful to at the end and inserting ‘‘; and’’; and tional oversight procedures to the ini- water managers.’’ (3) by adding at the end the following: tiative to ensure that taxpayer dollars Page 8, line 21, strike the period at the end ‘‘(11) Technical research on prevention and are being spent in the most effective and insert the following: ‘‘, including spatial removal of contaminants of emerging con- manner. and temporal variation in natural supply, cern, including endocrine disrupting com- watershed hydrology, human and ecological pounds, pharmaceuticals, and personal care b 1100 demand, and infrastructure.’’ products, in water resources.’’. These are important additions to Page 9, after line 17, insert the following: SEC. 9. PILOT PROGRAM. H.R. 1145, and I ask my colleagues’ sup- (15) Development of resources to inves- The Administrator of the Environmental port on this amendment. tigate the effects of invasive species on Protection Agency shall establish a national water supplies. Mr. Chairman, I reserve the balance pilot program exploring the use of energy au- of my time. (16) Development of technologies and prac- dits of water related infrastructure to iden- tices to treat eutrophic water bodies, includ- tify energy and water saving opportunities. Mr. HALL of Texas. Mr. Chairman, I ing rivers, estuaries, and coastal waters. As part of the program, each participating rise to claim time in opposition to the (17) Development of tools to assist local entity shall receive an Energy Star gentleman’s amendment. water resource managers in anticipating Benchmarking energy performance score to The Acting CHAIR. The gentleman changing water availability and use patterns provide an initial screening of that entity, as from Texas is recognized for 20 min- in the preparation of a strategic plan for sus- well as an ongoing tracking measure to com- utes. tainable future operations. pare their energy performance against simi- (18) Development of a program to offer Mr. HALL of Texas. Mr. Chairman, I lar entities nationwide. do rise today to speak about this technical and planning assistance to States, Page 12, line 13, strike ‘‘and’’ after the localities, and regions that use or are plan- semicolon. amendment offered by the chairman of ning to use land conservation as a method to Page 12, line 14, strike the period at the my committee, Mr. GORDON, and I may protect water quality, as well as an analysis end and insert a semicolon. want to ask the chairman a question or of the impact of land conservation on water- Page 12, after line 14, insert the following: so about it. shed hydrology. (4) $2,000,000 for fiscal year 2013; and There are a lot of provisions in the (19) Improvement of understanding of the (5) $2,000,000 for fiscal year 2014. impacts from chemical impairments, includ- manager’s amendment that I support. I ing contaminants of emerging concern, such The Acting CHAIR. Pursuant to support the emphasis of ensuring a role as endocrine disrupting compounds, pharma- House Resolution 352, the gentleman for institutions of higher education. I ceuticals, and personal care products, on from Tennessee (Mr. GORDON) and a support the provision that calls for the water supply and quality. Member opposed each will control 20 National Water Research and Assess- (20) Analyses of the Nation’s water re- minutes. ment Plan to be updated every 4 years, search facilities and identification of wheth- The Chair recognizes the gentleman to guarantee that the plan evolves with er a need exists for additional facilities. from Tennessee. the growing body of knowledge gar- Page 10, after line 5, insert the following: (c) EVALUATION.—Not later than 30 days Mr. GORDON of Tennessee. Mr. nered through our water research ef- after the submission of the President’s an- Chairman, I yield myself such time as forts, and I also support including the nual budget request to Congress, the Direc- I may consume. list of regional outcomes, the develop- tor of the Office of Science and Technology I am offering this amendment to ment of tools to assist local water re- Policy shall write a letter to Congress evalu- make important changes to H.R. 1145. source managers. ating the budget as it relates to Federal A number of my colleagues joined me There are several things that I had water research and the success of the inter- in drafting language for this amend- some problems about. One, as to agency committee in meeting the outcomes ment, and I applaud them for their whether or not it was necessary to en- listed in section 2(d). Page 10, line 7, strike ‘‘The’’ and insert the good ideas and collaborative efforts. I hance the research outcome number 9, following: want to thank Representatives ADLER, ‘‘Improvement of hydrologic prediction (a) IN GENERAL.—The BEAN, CARDOZA, CONNOLLY, HALVORSON, models and their applications’’ with Page 10, after line 9, insert the following: INSLEE, MCCARTHY, MCCOLLUM, BETSY the following addition: ‘‘including spa- (b) SENSE OF CONGRESS.—It is the sense of MARKEY, MINNICK, MOORE, PINGREE, tial and temporal variation in natural Congress that the interagency committee POLIS, SCOTT and TITUS. supply, watershed hydrology, human should collaborate with public institutions H.R. 1145 establishes a planning proc- and ecological demand, and infrastruc- of higher education whenever possible. ess for the Federal research and devel- ture.’’ But I think we discussed those Page 10, line 18, strike the period at the end and insert the following: ‘‘and the indi- opment efforts on water. This amend- pretty well in committee and with cators used to measure such progress.’’ ment clarifies that the plan should be some interest on how these additions Page 12, after line 6, insert the following revised and revisited as progress is make the research outcome better, but (and redesignate subsequent provisions ac- made on the goals identified in this I’m convinced that they do. cordingly): bill. I guess I would just ask the chair- SEC. 8. WATER RESOURCE RESEARCH INSTI- The bill, as reported from the com- man, how can you ensure that this TUTES. mittee, contained conflicting informa- pilot program that we have set up in (a) SUPPORT; COORDINATED PLAN.—Section tion about the length of authorization. here would not change into a burden- 104(b) of the Water Resources Research Act This manager’s amendment corrects some regulatory requirement that’s of 1984 (42 U.S.C. 10303) is amended— (1) in paragraph (1), by striking ‘‘, and’’ at this discrepancy and authorizes the ini- pushed off on the States or tribal units the end and inserting a semicolon; tiative for 5 years. or some of those? (2) in paragraph (2), by striking the period In addition, this amendment identi- Mr. GORDON of Tennessee. Would at the end and inserting a semicolon; and fies additional external groups that the the gentleman yield?

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10465 Mr. HALL of Texas. I yield to the water supply. As our Nation’s popu- one of the most tremendous resources gentleman from Tennessee. lation continues to increase, so must that makes up the Great Lakes and is Mr. GORDON of Tennessee. Thank our ability to conserve and to reuse our one of the largest freshwater sources you, Mr. HALL. That’s a good question. water resources. We simply cannot af- on the planet. Let me first say that this is a large ford to continue to take our scarce The Milwaukee area also has a con- amendment and we try to deal in a col- water resources for granted. And we centration of companies in the business laborative way in our committee. Un- must also educate our constituents of water and academic prowess in the fortunately, everyone doesn’t have the and, quite frankly, ourselves on how to water research field. An effort is under- privilege to serve on our Science Com- best protect a natural resource that we way, spearheaded by the Milwaukee mittee, and there was a lot of interest depend on for our survival. Water Council, to better align these in this bill. So there were lots of The National Water Research and De- companies and the academic research amendments, many of which were in- velopment Initiative Act of 2009 will es- strength in the area to create a hub for corporated here. As I say, I think we tablish an interagency committee to freshwater science, research, and water would be better off in a more collabo- develop a research and assessment plan technology development. This is why I rative way having vetted these. But I to protect and to expand our water re- offer an amendment today to enhance think that we have had the oppor- sources. H.R. 1145 will make the Fed- the ability of these key stakeholders tunity to do that more recently. And eral Government a leader, a leader, in like the Milwaukee Water Council to let me address your very real legiti- effectively addressing our water re- participate in the agenda-setting proc- mate question concerning scaling out source challenges through intense re- ess created by the bill. this EPA program. search, collection of essential data, and Importantly, the amendment clari- First of all, as I think we all know, 20 the development of new technology. fies that public-private collaborations or 30 percent of water is lost through Mr. Chairman, in my district, I’m formed around water research and various utilities. I was reading a story proud, as you know, that Orange Coun- technology development at the State the other day where several utilities ty Water District has successfully de- and local levels are important parts of still have wooden pipes from decades veloped and implemented a cutting- the stakeholder community. This is back. So this is a voluntary program edge water reuse technology. The key. But just don’t take my word for that would allow the various utilities Groundwater Replenishment System in it, Mr. Chairman. The 2004 National to ask the EPA to come in and help Orange County, California, purifies 70 Academies of Science report made them with an analysis on how they million gallons of treated sewer water clear that we must prioritize making could be more efficient and save money every day through an advanced purifi- the Federal agenda-setting process with their program. So, again, it’s vol- cation process involving microfiltra- transparent to the various stake- untary. tion, reverse osmosis, and ultraviolet holders who have a stake in the out- I would also say this is just an au- light and hydrogen peroxide treatment. comes of this initiative. The report thorization. If the EPA does not feel The result is that we get 100,000 Orange also noted that one of the weaknesses they have the resources to do it, they County families more drinking water of the coordination role played by the don’t have to without a further appro- every day. The system is a premier Subcommittee on Water Availability priation, but I think it will help them, groundwater replenishment project, and Quality, SWAQ, administered by again, utilities on a voluntary basis to the premier one in the world, and so the Office of Science and Technology use that precious water resource in a many States and local governments Policy is that the SWAQ lacks connec- more efficient way. and foreign governments have come to tions, formal or informal, to States, Mr. HALL of Texas. Mr. Chairman, Orange County to take a look at the stakeholders, and other users. The reclaiming my time, history has indi- system. SWAQ is invisible to the public at large cated to me in my long time working I believe that H.R. 1145 will encour- as well as the research community out- with the chairman, I know that as this age communities throughout the coun- side of the Federal agency leadership. bill moves through the Senate, we’ll be try to embrace this type of innovation, It’s so important that in authorizing working together on these things and I would encourage my colleagues this office we address this potential through conference and address the to join me in supporting this important pitfall. My amendment that has been concerns that we have raised. initiative. included in the manager’s package We support the committee, and I Once again, I thank the chairman for would supplement the great work al- thank the chairman for his discussion. his leadership on this. It’s so important ready done by Chairman GORDON and Mr. Chair, I reserve the balance of for us to make sure that in the future the Science Committee on this front. It my time. we have water for our constituents. will call for the creation of a public Mr. GORDON of Tennessee. Mr. Mr. HALL of Texas. Mr. Chairman, I Web site to display important informa- Chair, let me first again concur with reserve the balance of my time. tion on the range of reports and activi- Mr. HALL. This is going to be a con- Mr. GORDON of Tennessee. Mr. ties by this committee, including the tinuing process. We will go on to a con- Chairman, I yield 3 minutes to the gen- posting of notices about opportunities ference with the Senate at a later date, tlewoman from Wisconsin (Ms. MOORE). for stakeholders to comment on the and all of these issues will be reviewed. Ms. MOORE of Wisconsin. I want to Federal water research plan. It’s cer- We want the best bill possible. thank Chairman GORDON for yielding tainly my hope that these steps boost At this time, Mr. Chairman, I yield 2 time to me and for including my and strengthen the link and inter- minutes to the gentlewoman from Cali- amendment in his manager’s amend- action between non-Federal stake- fornia (Ms. LORETTA SANCHEZ). ment, and I thank his staff for working holders including the Milwaukee Water Ms. LORETTA SANCHEZ of Cali- with me to make sure that all inter- Council and the Federal water research fornia. Mr. Chairman, I am pleased ested stakeholders, including public- initiative. that today the House of Representa- private collaborations such as the Mil- Again, I thank the chairman and the tives is considering H.R. 1145, the Na- waukee Water Council in my district, staff for working with me to make sure tional Water Research and Develop- will be able to interact with and follow that the stakeholders will have one ment Initiative Act of 2009. the interagency committee’s work. more tool available. As a supporter of this legislation, I This Federal water research initia- Mr. HALL of Texas. Mr. Chairman, I would like to especially thank the tive will certainly impact a host of af- continue to reserve the balance of my committee chairman, Mr. GORDON from fected stakeholders, not just Federal time. Tennessee, for his leadership in bring- agencies, including those in my dis- Mr. GORDON of Tennessee. Mr. ing this legislation to the floor. trict. The Milwaukee area, which I rep- Chairman, I yield 2 minutes to the gen- This bill is an appropriate response resent, is blessed to sit on Lake Michi- tleman from across the Potomac River, to the concerning state of our national gan, and, of course, Lake Michigan is Mr. CONNOLLY.

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10466 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 Mr. CONNOLLY of Virginia. I thank types of commercial development that in our water supply, specifically con- the chairman for yielding. will put people back to work. taminants of emerging concern. These Mr. Chairman, I rise in support of There is little doubt that the busi- contaminants include pharmaceuticals, H.R. 1145. This important legislation ness community has a tremendous personal care products and the endo- will improve Federal coordination in stake in the future of our Nation’s crine disrupting compounds. Research- the protection of water quality across water supply. That is why I am pleased ers have found that exposure to these America. I had the privilege of pro- the manager’s amendment includes contaminants can produce deformities posing two amendments to this legisla- language I put forward to ensure that and reproductive problems in aquatic tion, both of which were graciously in- the interagency committee created by species and insects. corporated by the chairman in the H.R. 1145 works together with the busi- Today we know enough about these manager’s amendment. ness community. Small businesses es- contaminants to be worried, but not Congresswoman MCCOLLUM and I in- pecially need help accessing the infor- enough to provide good information to troduced an amendment to ensure that mation and innovation technologies our State health officials and to our the interagency task force established that will allow them to become smart- constituents. Research on these con- by this bill will provide guidance on re- er and more efficient consumers of taminants must be a Federal priority, ducing endocrine disruptor pollution. water. and this legislation moves in that di- These contaminants, which come from rection. b 1115 pharmaceuticals and other sources, are Finally, the amendment will link the having dramatic negative impacts on As a member of the Small Business existing work of the 54 federally funded rivers and lakes across the country. Committee, I am proud to play a role research centers with the new Federal For example, watersheds in the na- in making this process possible. This water research plan called for in H.R. tional capital region, including the Po- manager’s amendment recognizes that 1145. The National Institutes for Water tomac and James Rivers, have tribu- our Nation’s water challenges will re- Resources are located in the institu- taries where 80 to 100 percent of bass quire not only intergovernmental co- tions of higher education all across have intersex characteristics. We must operation, but also public-private part- this country. This research network is expedite our efforts to identify sources nerships. underutilized as a resource. of this pollution and ways to filter it Working together, government and This amendment would make it a pri- ority for the National Institutes for out of drinking water to protect public the private sector can pool resources Water Research to support the goals of health and safety. and implement the ambitious goals I also introduced an amendment to outlined by the National Water Re- H.R. 1145, and it will increase coordina- direct the interagency working group search and Development Initiative Act. tion among the centers so they are more effective partners in Federal to develop a technical assistance pro- I thank Chairman GORDON again for water quality efforts. gram to help States and localities use the opportunity to speak in support of the manager’s amendment. This amendment promotes a Federal land conservation to protect water approach to water research. It is com- quality. This is an important feature in Mr. HALL of Texas. Mr. Chairman, I continue to reserve. prehensive, effective, and it is one that regions like Northern Virginia, where leverages all of our Federal research sprawl threatens the integrity of Mr. GORDON of Tennessee. I yield 3 minutes to the gentlewoman from Min- partners to work together. drinking water supplies. In fact, we I encourage my colleagues to support nesota (Ms. MCCOLLUM), and I want to saw that demonstrated dramatically in this amendment and the bill. And, thank her for her important contribu- a Public Broadcasting program just again, I thank Chairman GORDON for tion to this amendment. this last week with Hedrick Smith that his leadership on this issue and his Ms. MCCOLLUM. Thank you, Chair- really highlighted this as a major issue staff for all the work that they have man GORDON. for our science moving forward. done on this important issue. I encourage my colleagues to support Mr. Chair, I rise today to voice my Mr. HALL of Texas. Mr. Chairman, I H.R. 1145, and I deeply thank Chairman strong support for the National Water continue to reserve. GORDON for his leadership on this very Research and Development Initiative Mr. GORDON of Tennessee. Mr. important legislation. Act and for the manager’s amendment. Chairman, I yield 4 minutes to the gen- Mr. HALL of Texas. Mr. Chairman, I My State of Minnesota claims over tlelady from Nevada (Ms. TITUS). continue to reserve the balance of my 10,000 lakes and is the headwaters of Ms. TITUS. I want to first thank time. the Mississippi River and is part of the Chairman GORDON for his hard work on Mr. GORDON of Tennessee. Mr. Great Lakes chain of lakes. We have this important legislation and for in- Chairman, I yield 2 minutes to the gen- Lake Superior on our northern shore. cluding the text of my amendment in tlewoman from Illinois (Mrs. HALVOR- Improving the coordination of Fed- his manager’s amendment. This bill is SON). eral research is important for my State critical to States like Nevada where Mrs. HALVORSON. Thank you, and for our country, and we need to do drought constantly threatens the Chairman GORDON, for the opportunity a better job of making use of data to availabilities of our already limited to speak in support of the manager’s make good policy. water supply and, thus, our environ- amendment. I applaud the Science and This amendment includes three im- ment and our economy. Technology Committee for the hard portant provisions, and I would like to My language in this manager’s work you’ve put into this important talk about them briefly. amendment directs the interagency legislation. The first part of my amendment, committee established in the bill to Water issues are something I hear which is included in the manager’s work to improve water prediction mod- about often when I’m back in my dis- amendment, clarifies the bill’s focus to els and their applications, including trict meeting with constituents. Many include both water quality and quan- analysis of variations and natural sup- of my mayors have told me that the tity. Federal jurisdiction on water pol- ply, watershed hydrology, human and biggest challenge facing their commu- icy tends to create a division between ecological demand, and infrastructure. nities is our aging water infrastructure the two, but the science often overlaps. As we celebrate Earth Day this week, problems. Residents in many small To achieve the goal of coordination of it’s important that we recognize that rural towns do not have reliable access research across all Federal agencies, water has become and will continue to to safe drinking water. This is not only it’s important to support a comprehen- be a significant limiting resource for a public safety issue but it is also an sive research agenda, and this legisla- the Western United States. economic development issue. Commu- tion does that. So it is vital that we fully under- nities with inadequate water infra- Second, in the area of water quality, stand the current distribution of this structure or an unsafe drinking water this amendment adds research objec- resource while also being able to accu- supply are unlikely to attract the tives related to chemical impairments rately predict the impacts of future

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10467 conditions like growth and climate were incorporated into this manager’s wide information is significant to understand change on its availability. Accurate amendment. the regional impacts of the changing climate prediction about the availability of I reserve the balance of my time. on water availability, the information only water resources will help our commu- Mr. ADLER of New Jersey. Mr. Chair, I rise skims the surface of what our communities nities as they work to ensure that busi- in support of my amendment to H.R. 1145, the need to know to ensure the availability of our nesses and families have access to ‘‘National Water Research and Development water resources. clean, safe and adequate water supply. Initiative Act of 2009.’’ Many water resource managers lack the Our drinking and wastewater utili- My amendment is critical to improving the specific information on how changing climate ties are required to plan for a number health of many different types of water bodies, conditions will impact the availability of, and of long-term uncertainties. In order to especially a treasured resource in my own dis- demand for, water in their communities. In successfully plan and adapt to change, trict—Barnegat Bay. My amendment will task order to correctly plan for future operations, much more focused, applied research the interagency committee, established in this utility managers must have accurate informa- must be done. bill, with implementing a plan to develop tech- tion on how climate change and other factors The Desert Research Institute in Ne- nologies and practices that would treat eutro- will impact specific water sources. With the vada is tackling this problem head-on phic bodies of water, including estuaries. tools provided in this amendment, Evergreen by establishing the Nevada Water Re- The Barnegat Bay estuary covers over 42 Rural Water of Washington, a non-profit orga- sources, Data Modeling and Visualiza- miles of shoreline from the Point Pleasant nization serving the needs of small water sys- tion Center. It will enable better un- Canal to Little Egg Harbor Inlet in southern tems in Washington State, will be able to con- derstanding of the present and future New Jersey. The flow of fresh water from riv- tinue their important work to provide local distribution of water within our State. ers, creeks and groundwater into the Barnegat water systems with on-site technical assist- Accordingly, DRI, in collaboration Bay produces the special conditions that are ance, formal training, equipment lending and with UNR and UNLV, has established important for the survival of crabs, fish, birds, training information while considering specific an experimental facility in Boulder and other wildlife. impacts of climate change to these local water City to collect data regarding water The eutrophication of Barnegat Bay is caus- systems. interactions in desert soils. This will ing such environmentally detrimental con- Some utilities, such as Seattle Public Utili- lead to improved predictions of the po- sequences as the decline in fish populations, ties, have assessed the vulnerability of their tential impact of a changing climate the decline of shellfish stocks, increased algae water supply to climate change and have on groundwater recharge. blooms, and loss of seagrass habitat. These begun to develop adaptation strategies to pre- The work being done at educational problems are causing the deterioration of pare for the impacts of the change in tempera- institutions in Nevada illustrates just water quality, loss of biodiversity, and the dis- ture while other utilities have not, either due to how much potential there is to improve ruption of ecosystem health and function. the lack of resources or lack of awareness Federal coordination of predictive The eutrophication of the Barnegat Bay es- about the implications for the specific system water modeling. Whether communities tuary is also negatively impacting one of the they manage. By developing tools used for the are worried about drought or flooding, most treasured pastimes of the residents of anticipation of changing water availability and snowmelt or urban runoff, the improve- my district—fishing. The continued decline of use patterns for the preparation of a strategic ment of water prediction models will the health of the bay has resulted in such a plan for sustainable future operations, we can help communities across the country sharp decline in the bay’s fish population that downscale the information developed by fed- adapt to changes in the natural and the it has detrimentally affected both recreational eral water research to a utilizable level so that built-in environment. and commercial fishermen in my district. Fish- all utility companies will be able to plan for the So thank you again, Mr. Chairman, ing is a treasured family tradition for many future water resource for their customers. for your hard work and for including residents of Ocean County, New Jersey, and I am honored that my amendment was in- me in this amendment. for others, it is a source of their livelihood. cluded in the manager’s package as it will Mr. HALL of Texas. I reserve the bal- Something must be done to improve the bridge the gap between the research imple- ance of my time. health of the bay while at the same time im- mented on the federal level and what is need- Mr. GORDON of Tennessee. Mr. proving the economic and recreational pursuits ed on the ground by water resource managers Chairman, I yield myself such time as of the people of my district. and utilities. I may need to start our close here. We Eutrophication is the process by which a Mr. HALL of Texas. Mr. Chairman, I have no further speakers. body of water becomes eutrophic, typically as yield back the balance of my time. Again, I want to thank Ms. TITUS, a result of mineral and organic runoff from the Mr. GORDON of Tennessee. Mr. Ms. JOHNSON, all the others who helped surrounding land. The increased growth of Chairman, I yield back the balance of us put together this manager’s amend- plants and algae that accompanies eutrophica- my time. ment. tion depletes the dissolved oxygen content of The Acting CHAIR (Mr. SALAZAR). I certainly want to thank Mr. HALL the water and often causes a die-off of other The question is on the amendment of- and his staff as we have gone through, organisms. fered by the gentleman from Tennessee really, the last 2 years with hearings in Barnegat Bay is one of 28 congressionally- (Mr. GORDON). the committee, with workshops, with a designated National Estuary Programs in the The amendment was agreed to. variety of different efforts to hear all country, and it is in serious need of help. AMENDMENT NO. 2 OFFERED BY MS. KOSMAS and come forth with a good bill on a While the many estuaries in the country are The Acting CHAIR. It is now in order very important issue. diverse in their characteristics and the issues to consider amendment No. 2 printed in As I mentioned earlier, there’s going that they face, the most critical factor affecting House Report 111–82. to be 40 States for the year 2013 that many of them, and especially Barnegat Bay, is Ms. KOSMAS. Mr. Chairman, I have are going to have a water crisis. We eutrophication. an amendment at the desk. need to address this. I urge my colleagues to vote for my amend- The Acting CHAIR. The Clerk will Let me say one final thing about this ment and H.R. 1145. designate the amendment. manager’s amendment. It’s a little Mr. INSLEE. Mr. Chair, I would like to thank The text of the amendment is as fol- larger than usual. There have been the Chairman for including my amendment lows: some new, but I think, worthwhile into the manager’s package. This important bill Amendment No. 2 offered by Ms. KOSMAS: At the end of section 2(d) of the bill, add items introduced there. I think they addresses a critical component to how we the following (with the correct sequential need to continue to be vetted. I don’t adapt to a changing climate and I am honored provision designations [replacing numbers like to just bring things in off the to have contributed to the creation of this vital currently shown for such designations]): street. piece of legislation. (15) Assessment of the impacts of natural And I want Mr. HALL to know that as Washington State faces a decrease in disasters, including floods, hurricanes, and we go through the process that we will spring snowpack of nearly thirty percent by the tornadoes, on water resources. continue this discussion if there are 2020’s, forty percent by the 2040’s and sixty- The Acting CHAIR. Pursuant to any concerns about amendments that five percent by the 2080’s. While this state- House Resolution 352, the gentlewoman

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from Florida (Ms. KOSMAS) and a Mem- projects and 255 water pollution con- much water in the form of hurricanes ber opposed each will control 5 min- trol projects. And what the EPA direc- and too little, many times in the form utes. tor said in his statements, I think, is of droughts. The Chair recognizes the gentle- very telling. He said this additional It’s important that we achieve a bet- woman from Florida. Federal funding will provide jobs while ter understanding of the impacts of Ms. KOSMAS. Mr. Chairman, I yield also improving Ohio’s worn water in- these natural disasters on water re- myself as much time as I may con- frastructure. sources so that local managers and sume. Yes, we have a worn water infrastruc- State officials can plan and manage for I thank Chairman GORDON for bring- ture in the State of Ohio and in many future use and economic growth. It ing this important bill to the floor to States across the Midwest, and it is simply makes sense that we coordinate address our water research needs. particularly taxed at times of natural efforts at the local, State and national Access to clean and reliable water disaster. So I think assessing the value level to achieve these ends. supplies is an issue that affects every of looking at tornadoes, looking at b 1130 community across our country. In my floods and looking at the way in which district along the central Florida our water resources are impacted is I have long been a proponent of this coastline, local communities also must critically important because we do type of coordination. During the 109th deal with the other impacts of weather have a system, a system that is aging. Congress, I sponsored a bill to create conditions such as hurricanes, which When we talk about combined sew- the National Integrated Drought Infor- have the potential to affect our water ers, as we have in Cincinnati, and we mation System, and I am proud to say supplies. However, this is not just a have combined sewer systems across the program is currently up and run- coastal issue, as recent floods in North the Midwest and on the east coast, we ning. NIDIS coordinates and integrates Dakota and Florida, tornadoes in Ten- recognize that at times of flooding we observations so that local water man- nessee and Alabama, and other weather have raw sewage coming out into our agers can better plan and can better events across the country, have exhib- waterways, into our streams, and they predict for future uses. ited to us and show us the need for this are especially taxed. While our Nation will always face to be addressed at a national level. We need to make sure that the appro- natural disasters of one form or an- My amendment, which adds a provi- priate precautions are in place to try other, we can do more to mitigate the sion to the Water Research Outcomes to prevent these overflows, but also to effects through careful study and care- and Assessments section, mandates an help fix those systems in the aging ful planning. The gentlelady’s amend- assessment of the impacts of major communities in order that when we ment moves in that direction, and I weather events on our water supplies. have natural disasters, we are able to urge its passage. Hurricanes, floods and tornadoes can ensure the population that we have Mr. Chairman, I yield back my time. lead to salt water intrusion, infrastruc- clean drinking water available to ev- Ms. KOSMAS. Mr. Chairman, I yield ture damage, sewer overflows, storm eryone. back my time. water runoff and other conditions that I want to thank my colleague from The Acting CHAIR. The question is can harm our water supplies and the Florida for her efforts. on the amendment offered by the gen- surrounding environment. Ms. KOSMAS. I appreciate your com- tlewoman from Florida (Ms. KOSMAS). A better understanding of these im- ments, Congressman DRIEHAUS, and I The question was taken; and the Act- pacts will aid local communities and urge adoption of the amendment. ing Chair announced that the ayes ap- States in addressing water supply Mr. GORDON of Tennessee. Would peared to have it. issues before, during and after major the gentlewoman yield? Ms. KOSMAS. Mr. Chairman, I de- storms. Ms. KOSMAS. I yield to the gen- mand a recorded vote. The Acting CHAIR. Pursuant to Combined with the provisions in this tleman from Tennessee. clause 6 of rule XVIII, further pro- bill, including the requirement to de- Mr. GORDON of Tennessee. Let me ceedings on the amendment offered by velop innovative tools to enhance just thank the gentlewoman for her the gentlewoman from Florida will be water treatment and water purification amendment and her leadership on our postponed. technologies, this amendment will help committee in terms of space and address the impacts of major weather science. This amendment makes our AMENDMENT NO. 3 OFFERED BY MR. HASTINGS OF WASHINGTON events over the long run through the bill a better bill. Ms. KOSMAS. Thank you very much development and implementation of The Acting CHAIR. It is now in order for your comments. policies to prevent and mitigate such to consider amendment No. 3 printed in I reserve the rest of my time. House Report 111–82. vulnerabilities to our water supplies. Mr. HALL of Texas. Mr. Chairman, I A nationally coordinated assessment Mr. HASTINGS of Washington. Mr. claim the time in opposition to the Chairman, I have an amendment made of major weather events will ensure amendment. Although I don’t nec- that our constituents have access to in order under the rule. essarily oppose the amendment, I do The Acting CHAIR. The Clerk will safe, reliable water supplies without have a statement. designate the amendment. interruption and that providers will be The Acting CHAIR. Without objec- The text of the amendment is as fol- able to meet Federal standards and tion, the gentleman from Texas is rec- lows: that we will use our resources in a ognized for 5 minutes. more cost-effective and efficient man- Amendment No. 3 offered by Mr. HASTINGS There was no objection. of Washington: ner. Mr. HALL of Texas. Mr. Chairman, I In section 2(d), add at the end the following I would like to yield 2 minutes of my actually rise in support of the amend- new paragraph: time to the Congressman from Ohio ment offered by Representative KOS- (15) Assessment of potential water storage (Mr. DRIEHAUS). MAS of Florida. projects that would enhance water supply, Mr. DRIEHAUS. I want to congratu- The amendment simply directs the water planning, and other beneficial uses. late my colleague from Florida on this agencies under the interagency com- The Acting CHAIR. Pursuant to amendment. I think it’s an important mittee to assess the impacts of natural House Resolution 352, the gentleman amendment, and I think this bill comes disasters on water resources. from Washington (Mr. HASTINGS) and a at a very important time. We know that national disasters such Member opposed each will control 5 Just today our Ohio EPA director, as floods, droughts, hurricanes and all minutes. Chris Korleski, announced funding of that can have a very significant ef- The Chair recognizes the gentleman through the American Recovery and fect on water levels and cause major from Washington. Reinvestment Act coming to the State disruptions in local communities. Mr. HASTINGS of Washington. Mr. of Ohio and specifically to Ohio’s water In my home State of Texas, we have Chairman, I yield myself such time as projects, over 69 drinking water recently seen the extremes of way too I may consume.

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10469 Mr. Chairman, my amendment en- ing water, irrigation or for power gen- Amendment No. 4 offered by Mr. CARDOZA: sures that potential water storage res- eration, it puts that on the table. At the end of the bill, add the following ervoirs and their hydropower resources So I urge my colleagues to support new section: are kept on the table when it comes to this commonsense amendment. SEC. 9. STUDY. our Nation’s future water and power Mr. Chairman, I reserve the balance Not later than 90 days after the date of en- of my time. actment of this Act, the Secretary of the In- supplies. terior shall enter into an arrangement with I have the privilege of representing a Mr. GORDON of Tennessee. Mr. the National Academy of Sciences for a rural district in central Washington. Chairman, I claim the time in opposi- study on the impact of changes in snow Constituents in my district and tion to the amendment, even though I pack, including snow pack from the Sierra throughout the Pacific Northwest have am not opposed to the amendment. Nevada, on water resources and its relation benefited tremendously from the emis- The Acting CHAIR. Without objec- to water supply, including the Sacramento- sions-free and renewable hydropower tion, the gentleman from Tennessee is San Joaquin Delta. generated from water reservoirs in the recognized for 5 minutes. The Acting CHAIR. Pursuant to Columbia River Basin. In fact, over 80 There was no objection. House Resolution 352, the gentleman percent of Washington State’s elec- Mr. GORDON of Tennessee. I yield from California (Mr. CARDOZA) and a tricity needs are met through hydro- myself such time as I may consume. Member opposed each will control 5 power. I will just quickly say thank you to minutes. Water reservoirs, such as Lake Roo- Mr. HASTINGS for this amendment. I The Chair recognizes the gentleman sevelt behind Grand Coulee Dam and think it is a constructive amendment. from California. the reservoirs behind the Snake River I think it may need some fine-tuning Mr. CARDOZA. Mr. Chairman, I yield Dam have not only provided much- so it can fit best into this bill and the myself such time as I may consume. needed hydroelectricity, but also de- constructs of the bill, but it certainly Mr. Chairman, my amendment ad- liver water for irrigation, barge trans- is constructive and certainly some- dresses a grave concern in California portation, drinking water, flood con- thing we should do, and we will work with the San Joaquin Valley water trol and recreation purposes. with you. quality. Water is the basic necessity of Many of our Nation’s water storage I will be voting for the amendment, life. Without clean, available water, we reservoirs contribute to the generation and as we go through the process will can’t produce, grow, play, work and in of hydropower, which is, Mr. Chairman, be trying to work with you to again fact even live. It is important to re- a renewable and clean energy resource. make it fit into the bill better so we search and preserve our resources, and Hydropower projects have provided can go into conference. my amendment focuses on the vital emissions-free electricity for genera- I yield back the balance of my time. water resources of California. tions. Mr. HASTINGS of Washington. Mr. Every year, the snow pack in the Si- Recent debate here in Washington, Chairman, I appreciate the chairman’s erra Nevada slowly melts and flows D.C. has been focused on global climate working with us on this and would be down the mountain, providing clean, policies and how wind and solar can be more than happy to work with him. reliable water year-round to our farms, energy solutions for the future. I agree To that end, Mr. Chairman, I yield 1 homes, businesses and municipalities. that these technologies should be part minute to the distinguished ranking But now global warming threatens this of our energy portfolio, but our coun- member of the Science Committee, the natural system and threatens the try needs an all-of-the-above approach gentleman from Texas (Mr. HALL). health of our families. As the atmos- to meet our needs. We need wind, solar, Mr. HALL of Texas. Mr. Chairman, I phere warms, the snow pack melts too hydro, oil, natural gas and nuclear rise in support of the gentleman from quickly to use and we lose the vital power. Washington’s amendment. Potential components of life. However, we must recognize that the reservoirs and new hydropower should For 50 years, visionary leaders har- wind doesn’t blow all the time and that continue to play a major part in our nessed Mother Nature and brought it gets dark at night. In my region of water and energy supplies. water from the mountains down into the Pacific Northwest, hydropower is As areas of the country struggle with the valley to meet the needs of a thriv- the renewable backup resource for wind water shortages or increasing demands ing and growing State. Our economies power. When the wind subsides, hydro- on the water supply, we have to be flourished under that water system and power generation is increased to offset willing to be creative in the ways we it was efficient and it was the pride of the loss of wind power. Without hydro- address water use and water storage the West. But recently our State has power, wind generation would not be problems. This is a thoughtful amend- more than doubled in population and the reality that it is today. ment and an improvement to the bill. I we have done little to keep pace with Yet some do not recognize that hy- commend Mr. HASTINGS for his leader- this growth. In fact, instead of keeping dropower is a renewable resource and ship on this effort. pace with the growth, we have actually fail to see the need for new water stor- Mr. HASTINGS of Washington. Mr. lost significant amounts of our water age reservoirs that help develop and Chairman, I appreciate again the sup- supply. foster these and other renewable ener- port of the distinguished chairman and It is therefore even more important gies, reservoirs that have helped de- the ranking member. With that, I urge today to support this amendment as we velop our Nation and will continue to adoption of the amendment, and yield desperately search for good water that provide multiple uses, including hydro- back the balance of my time. can continue to nourish our crops and power. There is simply no reason why The Acting CHAIR. The question is feed our children. I ask my colleagues we should discount potential new water on the amendment offered by the gen- on both sides of the aisle to support storage and reservoirs in the future. tleman from Washington (Mr. HAS- this commonsense amendment. So to that end, Mr. Chairman, my TINGS). I reserve the balance of my time. amendment directs the relevant agen- The amendment was agreed to. The Acting CHAIR. Without objec- cies to assess potential water storage AMENDMENT NO. 4 OFFERED BY MR. CARDOZA tion, the gentleman from Texas is rec- projects that would enhance water sup- The Acting CHAIR. It is now in order ognized for 5 minutes. ply, water planning and other bene- to consider amendment No. 4 printed in There was no objection. ficial uses. House Report 111–82. Mr. HALL of Texas. I am not opposed While I pointed out the benefits of Mr. CARDOZA. Mr. Chairman, I have to the amendment, I recommend its hydropower, this amendment does not an amendment at the desk. passage, and I yield back my time. predetermine outcomes. It simply puts The Acting CHAIR. The Clerk will Mr. CARDOZA. I thank my colleague potential water storage as a consider- designate the amendment. and dear friend from Texas. I also want ation when looking at our entire water The text of the amendment is as fol- to thank the staff of the committee supply outlook. Whether it is for drink- lows: and the chairman of the committee for

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10470 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 working with us to make this amend- Passage of my amendment will en- Mr. ARCURI. Mr. Chairman, I offer ment possible on the floor. sure that the interagency committee an amendment. Mr. Chairman, I look forward to the created under this bill will look at how The Acting CHAIR. The Clerk will passage of this amendment and to water is used across the country, from designate the amendment. greater availability of clean water in golf courses and fast food restaurants The text of the amendment is as fol- California. to manufacturing plants and other in- lows: I yield to the chairman, the gen- dustries. Understanding how such in- Amendment No. 6 offered by Mr. ARCURI: tleman from Tennessee. dustries need and use water will be At the end of section 2(d) of the bill, add Mr. GORDON of Tennessee. I want to the following (with the correct sequential critical to meeting our future needs provision designations [replacing numbers thank you for this constructive amend- while stimulating economic growth. ment. You have been a leader on water currently shown for such designations]): Without it, any water research plan (15) Improvement of understanding of com- issues in California. I know that is a would be incomplete. peting water supply uses and how different very sensitive issue there, and thank I certainly encourage my colleagues uses interact with and impact each other. you for helping make a good bill bet- to support this amendment. The Acting CHAIR. Pursuant to ter. Mr. Chairman, I yield 1 minute to the House Resolution 352, the gentleman Mr. CARDOZA. Mr. Chairman, I gentleman from Texas (Mr. HALL). from New York (Mr. ARCURI) and a thank the chairman and I appreciate Mr. HALL of Texas. Mr. Chairman, I Member opposed each will control 5 his input. rise in support of this amendment. I I yield back the balance of my time. minutes. think this amendment is very impor- The Chair recognizes the gentleman The Acting CHAIR. The question is tant to ensure that we assess water on the amendment offered by the gen- from New York. supply and water needs for commu- Mr. ARCURI. Mr. Chairman, I would tleman from California (Mr. CARDOZA). nities and we keep in mind the indus- The amendment was agreed to. first off like to thank Chairman GOR- tries and businesses that employ the DON and Ranking Member HALL for AMENDMENT NO. 5 OFFERED BY MS. GINNY folks in these communities. BROWN-WAITE OF FLORIDA their leadership on this very important We don’t believe the bill should be The Acting CHAIR. It is now in order bill, a bill so important to America, about pitting one water user against to consider amendment No. 5 printed in not just America today but to the fu- another, but rather it should help to House Report 111–82. ture generations of America, to ensure Ms. GINNY BROWN-WAITE of Flor- ensure enough water for all users by fo- that our greatest natural resource, ida. Mr. Chairman, I have an amend- cusing on new methods and tech- that is water, of course, continues, and ment at the desk. nologies for conservation and effi- that we continue to have the abun- The Acting CHAIR. The Clerk will ciency. dance of it that we enjoy in this coun- designate the amendment. I urge my colleagues to support the try. The text of the amendment is as fol- amendment. My amendment asks for improve- lows: Ms. GINNY BROWN-WAITE of Flor- ment of understanding of competing ida. Mr. Chairman, I would like to re- Amendment No. 5 offered by Ms. GINNY water supply uses and how different BROWN-WAITE of Florida: serve my time. uses interact with and impact each At the end of section 2(d) of the bill, add Mr. GORDON of Tennessee. I claim other. the following (with the correct sequential the time in opposition to the amend- b 1145 provision designations [replacing numbers ment, though I am not in opposition to currently shown for such designations]): the amendment. And I’ve heard from many of my col- (15) Improvement of understanding of The Acting CHAIR. Without objec- leagues throughout the country and water-intensive sectors of the economy and tion, the gentleman from Tennessee is seen for myself firsthand in New York industrial needs for water. recognized for 5 minutes. the problem that occurs when different The Acting CHAIR. Pursuant to There was no objection. interests begin to compete over our House Resolution 352, the gentlewoman Mr. GORDON of Tennessee. Mr. precious water resources. And when I from Florida (Ms. GINNY BROWN-WAITE) Chairman, I yield myself such time as say ‘‘compete,’’ obviously we have and a Member opposed each will con- I may consume. competition for use of water through trol 5 minutes. Mr. Chairman, let me just thank the agriculture, through business, through The Chair recognizes the gentle- gentlelady from Florida for this con- energy production, through transpor- woman from Florida. structive amendment. I think again tation, through business use, and obvi- Ms. GINNY BROWN-WAITE of Flor- this helps to make a good bill better, ously, recreation and consumption and ida. Mr. Chairman, I yield myself such and I urge support of her amendment. transportation as well. So there are time as I may consume. Mr. Chairman, I yield back the bal- many uses for water. Mr. Chairman, I rise today in support ance of my time. However, the unique thing about of this amendment and the overall bill, Ms. GINNY BROWN-WAITE of Flor- water is that not only is it renewable, the National Water Research and De- ida. Mr. Chairman, I certainly thank but the water resource can be used re- velopment Initiative Act. As we all the gentleman, who is very knowledge- peatedly to service several different as- know, parts of the United States are able in this area for supporting this pects of our economy and of people’s currently in a drought situation. Even amendment. Economic development needs. And I think it’s important, how- Florida, which many people think of as does depend upon water resources in so ever, that we study that and see how being water rich, is suffering from many sectors of our economy. I am different interests can interact with drought. Last year, for instance, the very enthusiastically supporting his each other and most efficiently use our City of Tampa imposed a total restric- bill, and I am delighted that he be- water resource to maximize it. tion on lawn watering and other rec- lieves that this amendment helps to And I use this example. In my own reational uses for water. Our water re- make the bill, which is already a good home district we have a reservoir, sources are becoming scarce in various bill, a little bit better. Hinckley Reservoir, that is used for parts of our great country. I yield back the balance of my time. drinking water for about 130,000 people. In the short-term we will have to find The Acting CHAIR. The question is There is also a use of that reservoir for temporary solutions to navigate on the amendment offered by the gen- hydropower, and also use of that to through these droughts. But in the tlewoman from Florida (Ms. GINNY feed the barge canal for transportation long term we will need a plan to pre- BROWN-WAITE). and recreation use. And there’s often vent such a crisis from happening The amendment was agreed to. disagreements and infighting in terms again. My amendment to H.R. 1145 adds AMENDMENT NO. 6 OFFERED BY MR. ARCURI of how to best utilize that. And I think to the water research outcomes a study The Acting CHAIR. It is now in order we need to study that and see what is of water-intensive sectors of the econ- to consider amendment No. 6 printed in the most efficient way that we can do omy and industrial needs for water. House Report 111–82. it.

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10471 I see it again in other places like the (15) Projection of long-term ice cover and reduce their cargo from 50 to 270 tons. Finger Lakes, where again there are water level outlook for major water bodies in This translates to 8,000 tons of lost disputes between whether we use the the United States, including the Great cargo in the lakes each year, or equiva- water in Seneca Lake for drinking pur- Lakes, the potential impacts of the results of lent of enough iron ore to make 6,000 such projections on infrastructure, and re- poses, for recreation or for energy pro- source management options based on such automobiles in the United States. duction. So I think it’s important that projections. For economic reasons, for ecological we work to make a determination how The Acting CHAIR. Pursuant to reasons, for scientific reasons, I think best to allow competing interests to House Resolution 352, the gentleman the Kirk-Quigley amendment should pass to give further resources to look interact with each other to most effi- from Illinois (Mr. KIRK) and a Member ciently and effectively utilize our num- opposed each will control 5 minutes. at this emerging trend in an ecosystem ber 1 most precious resource, and that The Chair recognizes the gentleman that directly involves the future of 30 of course is water. from Illinois. million Americans and many of our Ca- So I would strongly urge the passage Mr. KIRK. I am very honored to rise nadian allies. of this amendment, and I reserve the on behalf of the Kirk-Quigley amend- I reserve the balance of my time. balance of my time. ment on behalf of me and our newest Mr. GORDON of Tennessee. If the Mr. HALL of Texas. Mr. Chairman, I Member of Congress, Congressman gentleman would yield, I would like to rise not in opposition, but to make a QUIGLEY, who replaced Rahm Emanuel thank him for this amendment and statement about the amendment. in the House. offer my support and request that the The Acting CHAIR. Without objec- When we look at the Great Lakes, we committee do pass this amendment. tion, the gentleman from Texas is rec- look at one of the crown jewels of our Mr. KIRK. I thank the gentleman. ognized for 5 minutes. country’s environment. But we have I reserve the balance of my time. There was no objection. seen data over the last few years show- The Acting CHAIR. Does any Member Mr. HALL of Texas. I have some ing a declining lake level. That lake claim time in opposition? question about it, but I don’t think I level has been estimated by the Army Mr. KIRK. On this, then, I’d like to have a question I want to propound to Corps of Engineers using projections close by saying that this is a bipartisan you because we have discussed it. And that just last over the next 6 months. amendment endorsed by the National your amendment would add to the Under the Kirk-Quigley amendment, Wildlife Federation and by the Lake growing list of research outcomes, the we would draw on the additional re- Michigan Alliance. It represents the improvement of understanding of com- sources of the National Oceanic and ability of the Federal Government to peting water supply uses and how dif- Atmospheric Administration, which is look further into what is an evolving ferent uses interact with each other able to project lake levels for quite a environmental trend in a place that’s and impact each other. And I know you bit longer than the Army Corps’ 6- home to 90 percent of America’s fresh- understand that, and we’ve discussed month standard. water. And with that, I would urge it. The purpose of this amendment is to adoption of the amendment and getting I would ask whether or not it means generate more science and data about to work on what is happening with the using water for irrigation is competing what’s happening to the dropping lev- falling Great Lakes levels. with industrial uses or the ecosystem els of the Great Lakes. Next to me is a Mr. QUIGLEY. Mr. Chairman, I would like to management, like releasing large vol- chart showing an environmental dis- thank the Chairman for his good work on this umes of water from dams competing aster that did not happen in the United legislation and look forward to working with with the use of water for electricity States. Instead, it happened in the him on this issue. generation or recreational activities. former Soviet Union, now Kazakhstan, I rise in strong support of the amendment And we’ve had some of that at Lake which shows the Aral Sea, a great in- from the gentleman from Illinois. Texoma in my district. land sea, very much like Lake Michi- The Great Lakes provide drinking water to But as we go through and this goes gan, subjected to a very poorly de- over 40 million people and 90 percent of the on to the Senate and we have con- signed Stalinist irrigation plan that U.S. water supply. ference committees, and I know you’ve drank it dry. We should never allow an Urban sprawl, air and water pollution, and always been willing to explain your po- environmental catastrophe like what habitat fragmentation are already stressing sition, and we’ll work together on that. happened in Kazakhstan to happen in ecosystems of the Great Lakes region. So I’m satisfied with the bill, and I the United States. This amendment will ensure essential long- would hope that we pass the bill. From the data that we have, we have term forecasting of water levels of major bod- Mr. Chairman, I reserve the balance a number of causes which could poten- ies of water, including the Great Lakes, in of my time. tially be involved in the disappearance order to develop adequate adaption and man- Mr. ARCURI. I thank the gentleman of the Great Lakes. One of them could agement plans. for his comments. be the declining levels of ice cover over I thank the gentleman and I urge my col- I yield back the balance of my time. the Great Lakes. Due to other forces, league to support the Kirk amendment. Mr. HALL of Texas. I yield back the the normal coverage of ice over Lake Mr. KIRK. I yield back the balance of balance of my time. my time. The Acting CHAIR. The question is Michigan, for example, has been declin- The Acting CHAIR. The question is on the amendment offered by the gen- ing, therefore, possibly allowing evapo- ration all year long. This declining on the amendment offered by the gen- tleman from New York (Mr. ARCURI). The amendment was agreed to. level could be involved in the lowering tleman from Illinois (Mr. KIRK). of the lake. We need more data to sup- The amendment was agreed to. AMENDMENT NO. 7 OFFERED BY MR. KIRK port that conclusion. Good data, in my AMENDMENT NO 8 OFFERED BY MR TEAGUE The Acting CHAIR. It is now in order . . view, leads to good policy. to consider amendment No. 7 printed in The Acting CHAIR. It is now in order At this stage, we do not know why House Report 111–82. to consider amendment No. 8 printed in the levels of Lake Michigan are drop- Mr. KIRK. Mr. Chairman, I have an House Report 111–82. ping. But NOAA tells us from 1972 to amendment at the desk. Mr. TEAGUE. Mr. Chairman, I have The Acting CHAIR. The Clerk will 2008 Lake Michigan ice cover has de- an amendment at the desk. designate the amendment. clined by approximately 30 percent, or The Acting CHAIR. The Clerk will The text of the amendment is as fol- a drop of 7,000 square kilometers from designate the amendment. lows: 1972–1973 winter, to approximately 5,000 The text of the amendment is as fol- square kilometers last year. This is a Amendment No. 7 offered by Mr. KIRK: lows: At the end of section 2(d) of the bill, add decline of 40 percent. Amendment No. 8 offered by Mr. TEAGUE: the following (with the correct sequential Now the Lake Carriers Association Page 8, line 25, strike the period at the end provision designations [replacing numbers estimates that a 1-inch decline in and insert the following: ‘‘, including anal- currently shown for such designations]): Great Lakes waters causes the ships to yses of the amount, proximity, and type of

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10472 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 water required for the production of alter- There’s even a biodiesel project in (b) PRESIDENTIAL DETERMINATION.— native and renewable energy resources.’’ my district called Cetane Energy that (1) IN GENERAL.—The President shall deter- The Acting CHAIR. Pursuant to produces freshwater as part of its fuel mine whether the contents of the report pre- House Resolution 352, the gentleman production process. That adds an inter- pared under subsection (a)— (A) support the implementation of sections from New Mexico (Mr. TEAGUE) and a esting dynamic to the water intensity 1 through 8 of this Act; or Member opposed each will control 5 of Cetane’s production and is exactly (B) support a conclusion that such sections minutes. the sort of thing that we need to better should not take effect. The Chair recognizes the gentleman understand as we expand our renewable (2) JUSTIFICATION.—If the President makes from New Mexico. energy portfolio and move toward en- a determination under paragraph (1) that dif- Mr. TEAGUE. Mr. Chairman, my ergy independence. fers from the recommendations of the Gov- amendment is about something simple, I reserve the balance of my time. ernment Accountability Office, the Presi- laying yet another block in the founda- Mr. HALL of Texas. Mr. Chairman, I dent shall provide a justification for the dif- tion on which we can achieve energy ference. claim the time in opposition to the (c) EFFECTIVE DATE.—Sections 1 through 8 independence. amendment, though I do not oppose it. Personally, I am an oil man. I have of this Act shall not take effect unless the The Acting CHAIR. Without objec- President has made an affirmative deter- always been an oil man and I always tion, the gentleman from Texas is rec- mination under subsection (b)(1)(A). will be. And one of the first things that ognized for 5 minutes. The Acting CHAIR. Pursuant to I learned when I started working on oil There was no objection. House Resolution 352, the gentleman wells when I was 17 years old is that Mr. HALL of Texas. I have some res- from Illinois (Mr. ROSKAM) and a Mem- sometimes when you drill a well you ervations about it, but they’re reserva- ber opposed each will control 5 min- get a lot of water. You have to figure tions I think that we can work as it out what to do with that. Can you put utes. goes through and on through the con- The Chair recognizes the gentleman it into a stream? Do you need to re- ference committee. I appreciate this from Illinois. inject it into the Earth? Or can we use amendment, and I do not object to the Mr. ROSKAM. Mr. Chairman, in a it for something else? nutshell, it’s a fairly straightforward It’s a question as old as the oil and amendment. amendment. To briefly put it into con- gas industry, just as the relationship I reserve the balance of my time. text, it’s trying to follow up on Presi- between water and energy is as old as b 1200 dent Obama’s inaugural address where water itself. And as we look toward Mr. TEAGUE. I yield back the bal- he really challenged Congress and the achieving energy independence through ance of my time. American people to go through the a focus on renewable and alternative Mr. HALL of Texas. I yield back the energy, creating jobs, bolstering our Federal budget line by line, looking balance of my time. carefully at programs. I don’t want to national security and improving our The Acting CHAIR. The question is environment along the way, we are put words into the President’s mouth, on the amendment offered by the gen- but if I were to paraphrase, I would say going to have to better understand tleman from New Mexico (Mr. TEAGUE). that important and ancient connec- that part of the subtext of the chal- The question was taken; and the Act- lenge is to look where there is possible tion. ing Chair announced that the ayes ap- My amendment ensures that the rela- duplication, and that’s what this peared to have it. tionship between renewable energy de- amendment seeks to do. It respects the Mr. TEAGUE. Mr. Chairman, I de- velopment and water resources is es- underlying legislation and says, well, if mand a recorded vote. we’re going to be doing this program— tablished as a priority for Federal The Acting CHAIR. Pursuant to water planning, research and develop- in other words, if we’re going to be co- clause 6 of rule XVIII, further pro- ordinating the Federal Government’s ment. ceedings on the amendment offered by Mr. Chairman, we are proponents of approach to water problems—then let’s the gentleman from New Mexico will wind, sun and biofuels, because they do it in the context of clarity. be postponed. are renewable resources. But water is So here is what it says: We’re going not. If we draw down our aquifers to AMENDMENT NO. 9 OFFERED BY MR. ROSKAM to have an amendment, and we’re going the point that they can not recover and The Acting CHAIR. It is now in order to direct the GAO to do a study about tax our rivers to extinction, much of to consider amendment No. 9 printed in the possible duplication of programs. the American West will be unrecogniz- House Report 111–82. In the interim, notwithstanding the able. That is not an option. And not Mr. ROSKAM. Mr. Chairman, I have passage of the bill, it’s going to sus- harnessing the abundant renewable re- an amendment at the desk. pend the implementation date of the sources we possess in places like New The Acting CHAIR. The Clerk will program to wait until the GAO comes Mexico is not an option either. designate the amendment. back with the study. If the President Research, planning and the develop- The text of the amendment is as fol- finds that there are duplications, he ment of new technologies will free us lows: can move forward and waive the under- to develop energy in harmony with our Amendment No. 9 offered by Mr. ROSKAM: lying findings, but he has got to do it environments and with needed re- At the end of the bill, add the following in a declarative way. In other words, he sources like freshwater. new section: needs to affirmatively move forward When we site solar farms, we need to SEC. 9. GAO STUDY AND EFFECTIVE DATE. and say, ‘‘Look, I’ve evaluated these consider not only the sun’s intensity, (a) STUDY.—The Government Account- duplications, and on balance, I think but the proximity and sustainability of ability Office shall conduct a study, and pre- we should do this,’’ or maybe in the al- pare a report, on whether the requirements ternative he’ll say, ‘‘Let’s not do it needed water resources as well. of this Act are duplicative of existing pro- When choosing a path toward the grams that provide for water research, devel- that particular way.’’ production of biofuels on a massive opment, demonstration, data collection and There are only two programs that are scale, we need to ask, what are the im- dissemination, education, and technology specifically cited as sort of a heads-up plications for freshwater of developing transfer activities regarding changes in to the GAO that they need to take a corn-based ethanol in the Midwest water use, supply, and demand in the United look at. One is the U.S. Global Change versus algae-based biofuels in the States, including an analysis of the State Research Program, which is a current deserts of New Mexico? Water Resources Research Institute Program program that the GAO says take a look When we consider wind, nuclear, and (authorized by section 104 of the Water Re- at or that we tell the GAO to take a every other component of a comprehen- sources Research Act of 1984, and organized look at. The other is the State Water as the National Institutes for Water Re- sive plan to move our Nation toward sources), the United States Global Change Resources Research Institute Program, energy independence, we need to know Research Program, and subtitle F of title IX which again is flagged, but notwith- what the implications are for our pre- of the Omnibus Public Land Management standing that, it says to take a look at cious freshwater resources. Act of 2009 (Public Law 111–11). the other programs that are out there.

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10473 If there is a duplication, bubble it up to There is one word that isn’t in there, I support the amendment because I the surface, and let’s make a decision and that is the word ‘‘duplication,’’ and believe it’s a good amendment, and it’s from there. I think sometimes we all benefit from looking after the taxpayers, and I urge At this point, I reserve the balance of another perspective coming in. I re- my colleagues to join me. my time. spect greatly the expertise of the com- Mr. GORDON of Tennessee. I yield Mr. GORDON of Tennessee. Mr. mittee, but every once in a while, back the balance of my time. Chairman, I claim time in opposition there’s maybe another perspective that Mr. ROSKAM. I yield back the bal- to the amendment. could come along that will say: You ance of my time. The Acting CHAIR. The gentleman know what? In the great scheme of The Acting CHAIR. The question is from Tennessee is recognized for 5 min- things, the pace at which Congress is on the amendment offered by the gen- utes. moving and the pace at which pro- tleman from Illinois (Mr. ROSKAM). Mr. GORDON of Tennessee. Mr. grams are being put in place, let’s hit The question was taken; and the Act- Chairman, I certainly appreciate the the pause button here, and let’s have ing Chair announced that the noes ap- thrust of the gentleman from Illinois’ the GAO go out and really span the peared to have it. amendment in terms of trying to stop spectrum because, in the underlying Mr. ROSKAM. Mr. Chairman, I de- the duplication of programs to save legislation, it is absolutely silent as to mand a recorded vote. money. We need to be doing that every duplicative efforts. The Acting CHAIR. Pursuant to day. The irony is that this is what this So I accept the criticism at face clause 6 of rule XVIII, further pro- bill does. This bill looks at the 20 agen- value. It’s a valid argument, but I ceedings on the amendment offered by cies that invest in water research, and think that this is an improvement. It’s the gentleman from Illinois will be it coordinates that so we can get our not meant to be an impediment, and postponed. best bang for the buck. It also helps to clearly, it empowers the President of AMENDMENT NO. 10 OFFERED BY MR. do away with that type of duplication. the United States to waive the finding. BLUMENAUER So, as well-intended as the gen- I think it’s a simple, straightforward The Acting CHAIR. It is now in order tleman is, his amendment, I’m afraid, type of thing that’s in spirit with the to consider amendment No. 10 printed would be contrary to what he wants to inaugural statement of the President. in House Report 111–82. accomplish. It would only slow down I reserve the balance of my time. Mr. BLUMENAUER. Mr. Chairman, I the process of this coordination and Mr. GORDON of Tennessee. Mr. have an amendment at the desk. slow down the process of better uti- Chairman, let me point out that, in The Acting CHAIR. The Clerk will lizing our resources and saving that section 3, paragraph 3, part of the bill designate the amendment. money. So it really is, again, with the says, ‘‘The technical innovation activi- The text of the amendment is as fol- best of intentions, but this amend- ties to avoid duplications of effort and lows: ment, I think, would counter that. to ensure optimum use of resources and Amendment No. 10 offered by Mr. BLU- Not being a member of the com- expertise.’’ MENAUER: mittee, he did not have the benefit of You said a ‘‘criticism’’ of your Insert after section 7 the following (and re- the hearings that we had, of the round- amendment. I hope you didn’t take designate subsequent provisions accord- table discussions that we had, of all the that as a criticism. Again, I com- ingly): input that we had, and I think that’s pliment the thrust of your amendment, SEC. 8. WASTEWATER AND STORMWATER REUSE the reason that he also might not be but we have incorporated that here. TECHNOLOGY DEMONSTRATION aware of the wide endorsements of this PROGRAM. Let me also say that there is a syn- (a) IN GENERAL.—In consultation with the bill. This bill is endorsed by the Na- ergy oftentimes also with research. interagency committee, the Assistant Ad- tional Beverage Association, the Na- NASA and NOAA may be working on a ministrator for Research and Development tional Rural Electric Cooperative Asso- similar project, but because they’re at the Environmental Protection Agency ciation, the Water Innovation Alliance, working on something similar, you shall establish a wastewater and stormwater the Natural Resources Defense Council, wouldn’t necessarily say that it was reuse and recycling technology demonstra- the Water Environmental Research duplicative and not useful but, rather, tion program, consistent with section 2(d)(3). Foundation, the Council of Scientific that there was a synergy of working to- (b) ACTIVITIES.—Under the program estab- Society Presidents, the Food and lished in subsection (a), the Assistant Ad- gether. In our bill, we specifically say ministrator shall develop and fund projects Water Watch, the Water Research avoiding that duplication. to demonstrate, evaluate, and test the tech- Foundation, and the Alliance for Envi- So, again, I think you have the best niques and technologies to reuse and recycle ronmental and Clean Water Action. of intentions, and I think that we have stormwater and wastewater at the building, Again, we tried to follow his advice accomplished those. For that reason, I site, neighborhood, and watershed scales for and accomplish that, and I think this would have to oppose your amendment urban, industrial, agricultural, environ- bill does and has, really, wide and ac- because it would stop us from getting mental, and recreational uses as well as to tive support. His amendment would on to the work of saving money and of augment potable water supplies. only stop that implementation or it having a program that is so important. The Acting CHAIR. Pursuant to would slow it down, which would cer- There are 40 States in our Nation right House Resolution 352, the gentleman tainly be counter to his intentions. now that are facing serious water from Oregon (Mr. BLUMENAUER) and a I reserve the balance of my time. shortages or droughts or water prob- Member opposed each will control 5 Mr. ROSKAM. Well, I thank the gen- lems between now and the year 2013. minutes. tleman for his comments, Mr. Chair- I reserve the balance of my time. The Chair recognizes the gentleman man. Mr. ROSKAM. Mr. Chairman, I would from Oregon. I would just go to the underlying pur- like to yield 1 minute to the gentleman Mr. BLUMENAUER. Mr. Chairman, I pose of the legislation, as it’s sort of from Texas (Mr. HALL). am pleased, along with my colleague, the declared statement of the com- Mr. HALL of Texas. Mr. Chairman, I BETSY MARKEY from Colorado, to offer mittee, which is to improve the Fed- rise in support of the amendment. Ac- this amendment to create a wastewater eral Government’s role in designing tually, this amendment seeks, as the and stormwater reuse and recycling and in implementing Federal water re- gentleman has expressed, to return us technology demonstration program search, development, demonstration, to the original purpose of the bill by fo- within the Environmental Protection data collection and dissemination, edu- cusing on the duplication that exists Agency. cation, and technology transfer activi- among Federal agencies involved in I would like to begin by expressing ties to address changes in the water water research efforts and attempting my appreciation to Chairman GORDON use, supply and demand in the U.S., in- to streamline these efforts. I think we and to his staff for working with us to cluding providing additional support to always have to be good stewards of the refine the amendment. This is impor- increase water supply through greater taxpayers’ dollars as we work through tant work that’s being done. I appre- efficiency and preservation. legislation up here. ciate the debate and the energy, and we

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10474 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 are pleased to offer this small element know the gentleman, and have worked Denver to Fort Collins on a windy day can ap- that, I think, makes a big difference. with him for a lot of years. I know we preciate. Water reuse involves taking waste- can work through any problems that As communities in the West, and especially water or stormwater, giving it the ap- we have with it. in Colorado’s fourth congressional district, propriate level of treatment for its in- So, with that, I reserve the balance continue to grow, the issue of water conserva- tended use and using the resulting re- of my time. tion and reuse becomes even more urgent. claimed or recycled water for a new, Mr. BLUMENAUER. I don’t see my Most conservative estimates tell us that Colo- beneficial purpose. These beneficial cosponsor here, so I’m the last speaker. rado’s Front Range will face soaring water purposes can range from agriculture I’m prepared to close if you have no prices to pay for new water systems by the and landscape irrigation, to industrial other speakers. year 2058. Cities will become super dense to processes, to toilets, to replenishing Mr. HALL of Texas. Mr. Chairman, I shrink lawns and shorten water pipelines. groundwater. yield back the balance of my time. As the Front Range grows along with Den- It’s clear that this is not necessarily Mr. BLUMENAUER. Mr. Chairman, I ver and Colorado Springs, Colorado’s Eastern a new technology. According to the respect my good friend and colleague, Plains will face increasing competition for their Water Reuse Association, reclaimed the ranking member, and I appreciate already scarce water sources. Large swaths of water has been used for crop irrigation what he mentioned in terms of the farmland will go dry if we don’t work to actively for more than 100 years and for land- prior legislation, but I would say that protect the water for our agricultural commu- scape irrigation for more than 70 years. was just research. nities. A whole way of life that has existed The Earth has recycled and reused What we’re attempting here is to be since families first started homesteading on water for millions of years through the able to have demonstration projects. land in the West will disappear if we don’t find natural water cycle, but the amount of The EPA has done a great deal of work ways to reuse and recycle water. water that we reuse and recycle is just, in this area in helping communities For the people I represent, investing more if I may use the phrase, ‘‘a drop in the across the country undertake recycling resources in creating a wastewater and bucket’’ compared to what we could be and reuse projects. What we’re doing stormwater reuse and recycling technology doing, which is why I think a new dem- here is having a coordinated program demonstration program within the Environ- onstration project is in order. in the agency rather than just a few mental Protection Agency is a matter of our Across the globe, water consumption projects here or there that would allow future survival. has tripled in the last 50 years. Accord- the EPA to do the monitoring, evalua- I urge all members to support my amend- ing to the EPA, at least 36 States are tion and documentation necessary to ment to H.R. 1145. anticipating local, regional or State- promote the new technologies nation- Mr. BLUMENAUER. I yield back the wide water shortages by 2013 even wide. Reclaimed or recycled water is balance of my time. under non-drought conditions. As com- highly engineered for safety. Indeed, The Acting CHAIR. The question is munities grow and water supplies de- the quality can be more predictable on the amendment offered by the gen- crease, they will be forced to seek al- than some existing surface and ground- tleman from Oregon (Mr. BLU- ternative sources of water. In an era of water sources. Right now, only about 5 MENAUER). climate change and water stress, water to 6 percent of municipal wastewater The amendment was agreed to. reuse and recycling has a great deal of effluent in the United States is re- AMENDMENT NO. 11 OFFERED BY MR. SHADEGG potential to help alleviate pressures on claimed and beneficially used for any The Acting CHAIR. It is now in order water managers and to help commu- purpose. to consider amendment No. 11 printed nities become less dependent on ground In addition to enhancing water sup- in House Report 111–82. and surface water sources. plies, these technologies can help the Mr. SHADEGG. Mr. Chairman, I have A demonstration program will help environment by reducing the diversion an amendment at the desk. reduce the costs of these technologies, of water from sensitive ecosystems, re- The Acting CHAIR. The Clerk will and it will also help communities over- ducing nutrient and pathogen loads designate the amendment. come the technical and social barriers from wastewater discharges to water- The text of the amendment is as fol- to water reuse and recycling. ways and reducing pollution from lows: I reserve the balance of my time. storm water runoff. Amendment No. 11 offered by Mr. SHADEGG: Mr. HALL of Texas. Mr. Chairman, I b 1215 Page 3, after line 17, insert the following claim time in opposition. Though I’m (and correct sequential provision designa- not totally opposed to it, I’d like to So beyond research, we really need a tions accordingly): make a statement. coordinated program of demonstration. (D) identify Federal water-related re- The Acting CHAIR. Without objec- I urge my colleagues to support this search, development, and technological inno- tion, the gentleman from Texas is rec- simple amendment to create a program vation activities that are duplicated by more ognized for 5 minutes. to pursue technology demonstration than one Federal agency or program and There was no objection. projects at the building, site, neighbor- make recommendations to the President on Mr. HALL of Texas. Mr. Chairman, hood, and watershed scales. how to avoid such duplication; Page 6, line 22, insert the following (and it’s my understanding that the purpose Ms. MARKEY of Colorado. Mr. Chair, I rise correct sequential provision designations ac- of the National Water Research and today in support of our amendment, numbered cordingly): Development Initiative was to stream- 10, to the National Water Research and De- (C) identify Federal water-related re- line, organize and coordinate Federal velopment Initiative Act. search, development, and technological inno- water research and development ef- In the West, and especially in the state of vation activities that are duplicative of such forts. Although I support the under- Colorado, water is a resource more precious activities occurring at the State, local, and lying premise of the gentleman’s than gold. For the many farmers and ranchers tribal government level; Page 10, after line 5, insert the following: amendment, I think it’s duplicative of in my district in Eastern Colorado, finding (c) ELIMINATION OF DUPLICATIVE EFFORTS.— legislation we’ve already passed. ways to reuse and conserve water in urban The President, in carrying out the activities A little more than 2 months ago, this areas is a matter of survival. For them, the under subsections (a) and (b), shall ensure body passed H.R. 631, the Water Use Ef- idea of water recycling is not a new one. that each Federal agency participating in ficiency and Conservation Act offered In the Rocky Mountain region, we use recy- the Initiative shall not request appropria- by Mr. MATHESON of Utah under a sus- cled water for everything from Public Park tions for activities identified under section pension of the rules by a voice vote. landscaping, commercial and industrial uses, 2(c)(2)(C). Because this Matheson bill has not to fire protection. Reclaimed domestic waste- The Acting CHAIR. Pursuant to been passed by the Senate, I think we water serves as industrial water at power House Resolution 352, the gentleman can work through this bill, and I with- plants, helps to restore wetlands and even as- from Arizona (Mr. SHADEGG) and a hold any opposition to this amendment sists with dust control at construction sites— Member opposed each will control 5 with the understanding that I already something that anyone who drives I–25 from minutes.

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10475 The Chair recognizes the gentleman we’re trying to do. The purpose of this recommendations on how to avoid from Arizona. bill is to not only do away with dupli- that. And in addition, it leaves the Mr. SHADEGG. Mr. Chairman, the cation but also to have these 20 dif- issue open with regard to conflicts with committee report for H.R. 1145 states ferent agencies working in a more ef- State and local implementation to sim- that the purpose of the bill is to coordi- fective way. But let me explain, again ply say there is, in fact, a duplication nate the Federal Government’s water unintentionally, but the impact of without requiring any elimination programs to ensure they are conducted your amendment. that, for the very reasons the gen- in an ‘‘efficient and cost-efficient man- Your amendment would require the tleman has noted, indeed, to have Ari- ner.’’ There are currently over 20 Fed- administration to determine what re- zona researching water recharge and eral agencies carrying out research and search, development and technology in- Florida doing it with very different sit- development on water programs, not novation programs exist in all States, uations makes all the sense in the counting the State agencies that en- local and tribal governments. In addi- world. gage in the same kind of work or those tion to the 50 States, there are over 500 Mr. GORDON of Tennessee. As I read at the county or local level. federally recognized tribes, over 87,000 your amendment, it says the President While the interagency committee is local government entities, and so com- in carrying out the activities under directed in the bill to avoid duplication piling this information would be an subsection A and B shall ensure that of efforts, the bill fails to take the nec- enormous and expensive undertaking. each Federal agency participating the essary step to implement that direc- And the gentleman’s amendment is si- initiative shall not request appropria- tive. It does not in fact provide the lent as to who would pay for this. In tions for activities that are identified committee with explicit authorization fact, the gentleman’s amendment is si- under the section. So I think it is a to recommend against the funding pro- lent as to whether the State, local or mandate. grams that are duplicated amongst dif- tribal governments would be forced to But even if it wasn’t, let’s take that ferent Federal agencies or initiatives bear some of the costs of implementing off the table. Even if it wasn’t, it still that are duplicated at the State level this census. requires all 50 States, 500 Federal rec- as well as at the Federal level. And let me give you a couple of prac- ognized tribes, and 87,000 local govern- My amendment is simple and tical problems here. Let’s say there ment entities to have a census or an in- straightforward. It has simply two pro- was a tribe somewhere that was spend- ventory. This could be an enormous ex- visions. The first says that they should ing $1,000 working on a desalinization pense. identify Federal water-related research project. Well, that would preempt a Again, I think we’re in sync, but let and development technological innova- Federal effort that could be much more me again remind the gentleman that tive activities that are duplicated by significant and worthwhile. this bill has been well vetted and it has more than one Federal agency or pro- Another example would be, for in- been endorsed by a number of groups, gram and make recommendations to stance, if there was a groundwater ex- including the National Beverage Asso- the President how to avoid such dupli- traction issue in central Florida, might ciation, the National Rural Electric cation. Simple, straightforward. Sim- be dramatically different from a Cooperative Association, the Water In- ply says where there is duplication, groundwater issue in central Arizona. novation Alliance, the Natural Re- make a recommendation to the Presi- But if Florida has a program exam- sources Defense Council, the Water and dent of the United States on how I ining groundwater extraction, the Fed- Environmental Research Foundation, might avoid that duplication. eral Government would be precluded the Council of Scientific Society Presi- The second says to identify Federal from doing research which might be dents, Food and Water Research Foun- water-related research development relevant and helpful to the people of dation, the Alliance Environmental, and technological activities that are central Arizona. and Clean Water Action. duplicative of those conducted at the So again, I think both of us have the So I think this has been vetted. And, State and local or at the tribal govern- same objective, which is what we try to again, I think we’re on the same wave- ment level. Again, simple and straight- accomplish in this bill. length, but I am afraid that the gentle- forward. Mr. SHADEGG. Would the gentleman man’s amendment would have unin- That is the essence of my entire yield? tended consequences in causing a great amendment. It is intended to look at Mr. GORDON of Tennessee. I would deal of expense to local governments, the issue of efforts at the Federal level be happy to yield. State governments and entities all which duplicate each other and to at Mr. SHADEGG. My concern about across the country. least make a recommendation that the comments of the gentleman, I I reserve the balance of my time. they be consolidated for reasons of effi- would share those comments. I am con- Mr. SHADEGG. Could I ask how ciency, and to do the same with regard cerned about the cost of such an effort, much time I have remaining? to State, local or tribal efforts. but nowhere in the legislation that I The Acting CHAIR. The gentleman It seems to me, Mr. Chairman, that have offered is there, in fact, a require- from Arizona has 3 minutes, and the everyone in America is currently tight- ment that all duplicative programs be gentleman from Tennessee has 30 sec- ening their belt. The least this Federal researched or that a certain amount be onds. Government can do is to look—and expended to do that. Mr. SHADEGG. I am happy to yield 2 that’s all my legislation does is require But more importantly, in the gentle- minutes to the gentleman from Texas the government to look if those things man’s remarks he’s at least twice said (Mr. HALL). are duplicated and eliminate that du- that the duplicative programs would be Mr. HALL of Texas. Mr. Chairman, I plication where it can be done effi- eliminated, and I would simply suggest rise in support of the amendment of- ciently. that in the wording of the amendment fered by Representative SHADEGG of Ar- I reserve the balance of my time. we offered, we make no such require- izona. The amendment requires the Mr. GORDON of Tennessee. Mr. ment. There is no requirement, for ex- interagency committee to identify Chairman, I claim time in opposition ample, if there were a program being areas of duplication, and I don’t like to the amendment. conducted by a tribe and also by the that word ‘‘duplication’’ at all. And it The Acting CHAIR. The gentleman Federal Government that it must be recommends to the President ways to from Tennessee is recognized for 5 min- eliminated or one that was being con- avoid such duplication. The amend- utes. ducted by the State of Arizona versus ment also calls on the President to en- Mr. GORDON of Tennessee. I yield the Federal Government, that it must sure the Federal agencies do not pursue myself such time as I may consume. be eliminated. Indeed, the language of activities already being conducted by Once again, let me say to my friend the amendment as written simply says States, localities, and tribal units. from Arizona, you come at this with they are to make recommendations to And duplication spawns red tape, and the right attitude, and that’s what the President on how to avoid simple the best example of red tape I can

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10476 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 think of is Wilbur and Orville Wright’s jective, and that is to try to coordinate difficult to envision how this impor- first airplane was a page-and-a-half this important research to try to do it tant work will get done. handwritten contract, and the Osprey, as economically as possible. My district is located on Lake Michi- the tilt wing that is one of the most Again, I share that view with him. gan, the only Great Lake contained en- modern airplanes today, just the paper- We tried to accomplish that in this tirely within the United States of work on that weighs around 20,000 bill, and I am afraid that it would only America. And my district is also home pounds. That’s how bad red tape can create additional expense to put so to the largest academic freshwater re- actually get. many—87,000 different local govern- search facility on the Great Lakes, the I think it’s a commonsense amend- ments and agencies through this proc- Great Lakes Wisconsin Aquatic Tech- ment here that carries out the under- ess of having to inventory whether nology and Environmental Research lying goal of the bill. One of the main they are doing anything. (WATER) Institute. There is no doubt purposes behind creating the inter- For that reason, I oppose this amend- in my mind that the decisions made agency program was to reduce duplica- ment. under this Federal Water Research Ini- tion across agencies thereby stream- The Acting CHAIR. The question is tiative, including funding decisions, lining efforts and saving taxpayers dol- on the amendment offered by the gen- will play a role, whether directly or in- lars. It makes no sense in these eco- tleman from Arizona (Mr. SHADEGG). directly, in developing water research- nomic times for fellow agencies to du- The question was taken; and the Act- ers, scientists, and engineers not only plicate effort in Washington and makes ing Chair announced that the noes ap- in the Milwaukee area, but across the even less sense for them to duplicate peared to have it. Nation. activities already taking place in our Mr. SHADEGG. Mr. Chairman, I de- I think it is only common sense that States and local communities. mand a recorded vote. we, as a Nation, take a look at how I commend the gentleman in offering The Acting CHAIR. Pursuant to those funds are being used, not only to the amendment, and I urge its passage. clause 6 of rule XVIII, further pro- develop the new technology and tools, Mr. SHADEGG. I yield myself the ceedings on the amendment offered by but how it is helping or can work to balance of my time. the gentleman from Arizona will be better help train and develop the next Mr. Chairman, I simply want to re- postponed. generation of water scientists and engi- neers. That is what this amendment spond to the point about the language AMENDMENT NO. 12 OFFERED BY MS. MOORE OF of the bill or the amendment as offered WISCONSIN does. Mr. Chairman, I reserve the balance because I think there is a clear mis- The Acting CHAIR. It is now in order understanding here. The language that of my time. to consider amendment No. 12 printed Mr. HALL of Texas. Mr. Chairman, I was referred to, ‘‘the President shall in House Report 111–82. claim time in opposition though I am not request’’ or the ‘‘President shall in- Ms. MOORE of Wisconsin. Mr. Chair- not opposed to the amendment. struct the agencies participating shall man, I have an amendment at the desk. The Acting CHAIR. Without objec- not request appropriations for those The Acting CHAIR. The Clerk will tion, the gentleman from Texas is rec- activities’’ is not applicable to the ac- designate the amendment. ognized for 5 minutes. tual duplicative conduct. It is to the The text of the amendment is as fol- There was no objection. research to determine what is duplica- lows: Mr. HALL of Texas. Mr. Chairman, I tive. Amendment No. 12 offered by Ms. MOORE of rise in support of the amendment of- There is nothing mandatory in this Wisconsin: fered by Representative MOORE of Wis- amendment. We intentionally wrote it Page 4, line 11, strike ‘‘and’’. consin. This amendment requires the to say it would be a simple rec- Page 4, line 24, strike the period at the end interagency committee to assess the ommendation of the President to and insert ‘‘; and’’. Page 4, after line 24, insert the following: role of Federal water research funding eliminate duplication. The prohibition (H) assess the role of Federal water re- in helping to develop scientists and en- is on requesting further funds to do search funding in helping to develop the next gineers at colleges and universities. these activities because in the course generation of scientists and engineers at in- One of the goals of the Water Re- of doing the activities, we believe that stitutions of higher education. search Initiative is to facilitate tech- can be done as part of the other work The Acting CHAIR. Pursuant to nology transfer, communication, and under the legislation. House Resolution 352, the gentlewoman opportunities for exchange with non- But just to be very clear, the ‘‘shall’’ from Wisconsin (Ms. MOORE) and a governmental organizations, such as language does not refer to duplicative Member opposed each will control 5 institutions of higher education. Devel- efforts. The amendment does not offer minutes. oping collaborative opportunities with binding language to say, if it’s duplica- The Chair recognizes the gentle- colleges and universities will hopefully tive, you cannot engage in it. And woman from Wisconsin. increase the quality of the research that’s simply a misreading of the lan- Ms. MOORE of Wisconsin. Mr. Chair- and development of water solutions, guage of the bill. man, I would like to yield myself 3 but also spur students to pursue I would urge my colleagues to sup- minutes. science, technology, engineering, and port this. I believe it’s a straight- Mr. Chairman, my amendment is math careers, and we are very much in forward provision that would save the very simple. It would urge the Federal favor of that. taxpayers money. It is simply advisory. Water Research Interagency Com- It is vital for the future success and It asks these agencies to take a look at mittee established under the bill to ex- competitiveness of our Nation that we areas that are duplicative. I think it’s amine and assess the impact of Federal encourage more and more students to the least we can do under the cir- water research funding on helping to pursue these exciting fields. We know cumstances. develop the next generation of water that more and more nations are grad- I yield back. scientist engineers. uating large numbers of scientists and Mr. GORDON of Tennessee. In clos- Quite simply, I call this amendment engineers. If we are to remain the lead- ing, Mr. Chairman, let me just say I the Talent Amendment. If we want to er in innovation and entrepreneurial think two friends can see the same ac- develop the best technology, and I be- development, then we need to invest in cident and report it differently, both lieve we will, we need a cadre of pre- the young men and women who will de- trying to do their best in doing that. pared scientists and engineers at our sign and build tomorrow’s solutions. In response to Mr. SHADEGG, first of Federal agencies and in the commer- Representative MOORE’s amendment all, in the ‘‘shall,’’ the ‘‘shall’’ was the cial-user community. simply requires that we examine how President shall not spend any money water research funding is helping to on this project. So that means nothing b 1230 meet our science and engineering edu- could be done there. But, again, the Without the trained scientists and cation needs. I support the gentlelady’s bigger picture is we share the same ob- engineers to do the work, it is really intent and her amendment.

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10477 Mr. Chairman, I reserve the balance Ms. MOORE of Wisconsin. I have Capito Guthrie McCarthy (NY) Capps Gutierrez McCaul of my time. spent the last couple of Earth Days Capuano Hall (NY) McClintock Ms. MOORE of Wisconsin. Mr. Chair- with high school students touring the Cardoza Hall (TX) McCollum man, I would now yield 15 seconds to Water Research Institute in my dis- Carnahan Halvorson McCotter the gentleman from Tennessee (Mr. trict, and just spending time with Carney Hare McDermott Carson (IN) Harman McGovern ORDON G ). these young people, hoping that they Carter Harper McHenry Mr. GORDON of Tennessee. Thank will become our next generation of Cassidy Hastings (FL) McHugh you, Ms. MOORE. water scientists and engineers. Castle Hastings (WA) McIntyre I want to concur with Mr. HALL’s elo- I want to just end by thanking Chair- Castor (FL) Heinrich McKeon quent support of this amendment. It is Chaffetz Heller McMahon man GORDON and Ranking Member Chandler Hensarling McMorris an excellent amendment; it is con- HALL for working with me on this Childers Herger Rodgers structive, and it helps to make this bill amendment. Christensen Herseth Sandlin McNerney Clarke Higgins Meek (FL) better. I want to thank you for bring- Mr. Chairman, I yield back the bal- ing it to our attention. Clay Hill Melancon ance of my time. Cleaver Himes Mica Ms. MOORE of Wisconsin. Mr. Chair- The Acting CHAIR. The question is Clyburn Hinchey Michaud man, I would now yield 1 minute to the on the amendment offered by the gen- Coble Hinojosa Miller (FL) gentlelady from Colorado (Ms. MAR- Coffman (CO) Hirono Miller (MI) tlewoman from Wisconsin (Ms. MOORE). Cohen KEY). Hodes Miller (NC) The amendment was agreed to. Cole Hoekstra Miller, Gary Ms. MARKEY of Colorado. Mr. Chair- Conaway Holden Miller, George man, I rise today in support of our ANNOUNCEMENT BY THE ACTING CHAIR Connolly (VA) Holt Minnick amendment to the National Resource The Acting CHAIR. Pursuant to Conyers Honda Mitchell Development Initiative Act. clause 6 of rule XVIII, proceedings will Cooper Hoyer Mollohan Costello Hunter Moore (KS) In the West, and especially in the now resume on those amendments Courtney Inglis Moore (WI) State of Colorado, water is a resource printed in House Report 111–82 on Crenshaw Inslee Moran (VA) more precious than gold. For many which further proceedings were post- Crowley Issa Murphy (CT) farmers and ranchers in my district in poned, in the following order: Cuellar Jackson-Lee Murphy, Patrick Culberson (TX) Murphy, Tim eastern Colorado, finding ways to reuse Amendment No. 2 by Ms. KOSMAS of Cummings Jenkins Murtha and conserve water in the urban area is Florida. Dahlkemper Johnson (GA) Myrick a matter of survival. For them, the Amendment No. 8 by Mr. TEAGUE of Davis (AL) Johnson (IL) Nadler (NY) Davis (CA) Johnson, E. B. Napolitano idea of water recycling is not a new New Mexico. Davis (IL) Johnson, Sam Neal (MA) one. Amendment No. 9 by Mr. ROSKAM of Davis (KY) Jones Neugebauer In the Rocky Mountain region, we Illinois. Davis (TN) Jordan (OH) Nunes use recycled water for everything from Deal (GA) Kagen Nye Amendment No. 11 by Mr. SHADEGG DeFazio Kanjorski Oberstar public park landscaping, commercial of Arizona. DeGette Kaptur Obey and industrial uses, to fire protection. The Chair will reduce to 5 minutes Delahunt Kennedy Olson Reclaimed domestic wastewater serves the time for any electronic vote after DeLauro Kildee Olver as industrial water at power plants, Dent Kilpatrick (MI) Ortiz the first vote in this series. Diaz-Balart, L. Kilroy Pallone helps restore wetlands, and even assists AMENDMENT NO. 2 OFFERED BY MS. KOSMAS Diaz-Balart, M. Kind Pascrell with dust control at construction Dicks King (IA) Pastor (AZ) The Acting CHAIR. The unfinished sites—something that anyone who Dingell King (NY) Paul business is the demand for a recorded drives I–25 from Denver to Fort Collins Doggett Kingston Paulsen vote on the amendment offered by the Donnelly (IN) Kirk Payne on a windy day can appreciate. gentlewoman from Florida (Ms. KOS- Doyle Kirkpatrick (AZ) Pence As communities in the West, and es- Dreier Kissell Perlmutter MAS) on which further proceedings were pecially in Colorado’s Fourth Congres- Driehaus Kline (MN) Perriello postponed and on which the ayes pre- Duncan Kosmas Peters sional District, continue to grow, the vailed by voice vote. Edwards (MD) Kratovil Peterson issue of water conservation and reuse The Clerk will redesignate the Edwards (TX) Kucinich Petri becomes even more urgent. Most con- Ehlers Lamborn Pierluisi amendment. servative estimates tell us that Colo- Ellison Lance Pingree (ME) The Clerk redesignated the amend- Ellsworth Langevin Pitts rado’s Front Range will face soaring ment. Emerson Larsen (WA) Platts water prices to pay for new water sys- Engel Larson (CT) Poe (TX) tems by the year 2058. Cities will be- RECORDED VOTE Eshoo Latham Polis (CO) The Acting CHAIR. A recorded vote Etheridge LaTourette Pomeroy come super-dense to shrink lawns and Faleomavaega Latta Posey shorten water pipelines. has been demanded. Fallin Lee (CA) Price (GA) As the Front Range grows, along A recorded vote was ordered. Farr Lee (NY) Price (NC) with Denver and Colorado Springs, The vote was taken by electronic de- Fattah Levin Quigley vice, and there were—ayes 424, noes 0, Filner Lewis (CA) Radanovich Colorado’s Eastern Plains will face in- Flake Lewis (GA) Rahall creasing competition for their already not voting 14, as follows: Fleming Linder Rangel scarce water sources. Large swaths of [Roll No. 200] Forbes Lipinski Rehberg farmland will go dry if we don’t work Fortenberry LoBiondo Reichert AYES—424 Foster Loebsack Richardson to actively protect the water for our Abercrombie Berkley Boustany Foxx Lofgren, Zoe Rodriguez agricultural communities. A whole way Ackerman Berman Boyd Frank (MA) Lowey Roe (TN) of life that has existed since families Aderholt Berry Brady (PA) Franks (AZ) Lucas Rogers (AL) Adler (NJ) Biggert Brady (TX) Frelinghuysen Luetkemeyer Rogers (KY) first started homesteading on land in Akin Bilbray Braley (IA) Fudge Luja´ n Rogers (MI) the West will disappear if we don’t find Alexander Bilirakis Bright Gallegly Lummis Rohrabacher ways to reuse and recycle water. Altmire Bishop (GA) Broun (GA) Garrett (NJ) Lungren, Daniel Rooney For the people that I represent, in- Andrews Bishop (NY) Brown (SC) Gerlach E. Ros-Lehtinen Arcuri Bishop (UT) Brown, Corrine Giffords Lynch Roskam vesting more resources in creating a Austria Blackburn Brown-Waite, Gingrey (GA) Mack Ross wastewater and stormwater reuse and Baca Blumenauer Ginny Gohmert Maffei Rothman (NJ) recycling technology demonstration Bachmann Blunt Buchanan Gonzalez Maloney Roybal-Allard program within the Environmental Bachus Boccieri Burgess Goodlatte Manzullo Royce Baird Boehner Burton (IN) Gordon (TN) Marchant Ruppersberger Protection Agency is a matter of our Baldwin Bonner Butterfield Granger Markey (CO) Ryan (OH) future survival. Barrett (SC) Bono Mack Buyer Graves Markey (MA) Ryan (WI) I thank Chairman GORDON for his Barrow Boozman Calvert Grayson Marshall Sablan Bartlett Bordallo Camp Green, Al Massa Salazar leadership on the committee. Barton (TX) Boren Campbell Green, Gene Matheson Sa´ nchez, Linda Mr. HALL of Texas. Mr. Chairman, I Bean Boswell Cantor Griffith Matsui T. yield back the balance of my time. Becerra Boucher Cao Grijalva McCarthy (CA) Sanchez, Loretta

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10478 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 Sarbanes Smith (NJ) Turner Cassidy Hastings (FL) McHenry Schock Space Vela´ zquez Scalise Smith (WA) Upton Castle Hastings (WA) McHugh Schrader Speier Visclosky Schakowsky Snyder Van Hollen Castor (FL) Heinrich McIntyre Schwartz Spratt Walden Schauer Souder Vela´ zquez Chaffetz Heller McKeon Scott (GA) Stark Walz Schiff Space Visclosky Chandler Hensarling McMahon Scott (VA) Stupak Wamp Schmidt Speier Walden Childers Herger McMorris Sensenbrenner Sutton Waters Schock Spratt Walz Christensen Herseth Sandlin Rodgers Serrano Tanner Watson Schrader Stark Wamp Clarke Higgins McNerney Sessions Tauscher Watt Schwartz Stupak Waters Clay Hill Meek (FL) Sestak Taylor Waxman Scott (GA) Sullivan Watson Cleaver Himes Melancon Shadegg Teague Weiner Scott (VA) Sutton Watt Clyburn Hinchey Mica Shea-Porter Terry Welch Sensenbrenner Tanner Waxman Coble Hinojosa Michaud Sherman Thompson (CA) Westmoreland Serrano Tauscher Weiner Coffman (CO) Hirono Miller (FL) Shimkus Thompson (MS) Sessions Taylor Welch Cohen Hodes Miller (MI) Shuler Thompson (PA) Wexler Sestak Teague Westmoreland Cole Hoekstra Miller (NC) Shuster Thornberry Whitfield Shadegg Terry Wexler Conaway Holden Miller, Gary Simpson Tiahrt Wilson (OH) Shea-Porter Thompson (CA) Whitfield Connolly (VA) Holt Miller, George Sires Tiberi Wilson (SC) Sherman Thompson (MS) Wilson (OH) Conyers Honda Minnick Skelton Tierney Wittman Shimkus Thompson (PA) Wilson (SC) Cooper Hoyer Mitchell Slaughter Titus Wolf Shuler Thornberry Wittman Costa Hunter Mollohan Smith (NE) Tonko Woolsey Shuster Tiahrt Wolf Costello Inglis Moore (KS) Smith (NJ) Tsongas Wu Simpson Tiberi Woolsey Courtney Inslee Moore (WI) Smith (WA) Turner Yarmuth Sires Tierney Wu Crenshaw Israel Moran (VA) Snyder Upton Young (AK) Skelton Titus Yarmuth Crowley Issa Murphy (CT) Souder Van Hollen Young (FL) Slaughter Tonko Young (AK) Cuellar Jackson-Lee Murphy, Patrick Smith (NE) Tsongas Young (FL) Culberson (TX) Murphy, Tim NOES—1 Cummings Jenkins Murtha McClintock NOT VOTING—14 Dahlkemper Johnson (GA) Myrick Costa Moran (KS) Smith (TX) Davis (AL) Johnson (IL) Nadler (NY) NOT VOTING—14 Israel Norton Stearns Davis (CA) Johnson, E. B. Napolitano Berman Moran (KS) Stearns Jackson (IL) Putnam Towns Davis (IL) Johnson, Sam Neal (MA) Bishop (UT) Norton Sullivan Klein (FL) Reyes Wasserman Davis (KY) Jones Neugebauer Fortenberry Putnam Towns Meeks (NY) Rush Schultz Davis (TN) Jordan (OH) Nunes Jackson (IL) Reyes Wasserman Deal (GA) Kagen Nye Meeks (NY) Smith (TX) Schultz b 1302 DeFazio Kanjorski Oberstar DeGette Kaptur Obey ANNOUNCEMENT BY THE ACTING CHAIR Mr. PENCE changed his vote from Delahunt Kennedy Olson The Acting CHAIR (during the vote). ‘‘no’’ to ‘‘aye.’’ DeLauro Kildee Olver Dent Kilpatrick (MI) Ortiz There are 2 minutes remaining in this So the amendment was agreed to. Diaz-Balart, L. Kilroy Pallone vote. The result of the vote was announced Diaz-Balart, M. Kind Pascrell as above recorded. Dicks King (IA) Pastor (AZ) b 1312 Dingell King (NY) Paul AMENDMENT NO. 8 OFFERED BY MR. TEAGUE Doggett Kingston Paulsen So the amendment was agreed to. The Acting CHAIR. The unfinished Donnelly (IN) Kirk Payne The result of the vote was announced business is the demand for a recorded Doyle Kirkpatrick (AZ) Pence as above recorded. Dreier Kissell Perlmutter vote on the amendment offered by the Driehaus Klein (FL) Perriello PERSONAL EXPLANATION gentleman from New Mexico (Mr. Duncan Kline (MN) Peters Mr. STEARNS. Mr. Chairman, on rollcall TEAGUE) on which further proceedings Edwards (MD) Kosmas Peterson Nos. 200 and 201, I was unavoidably de- were postponed and on which the ayes Edwards (TX) Kratovil Petri Ehlers Kucinich Pierluisi tained. Had I been present, I would have prevailed by voice vote. Ellison Lamborn Pingree (ME) voted ‘‘aye’’ on both. The Clerk will redesignate the Ellsworth Lance Pitts AMENDMENT NO. 9 OFFERED BY MR. ROSKAM amendment. Emerson Langevin Platts Engel Larsen (WA) Poe (TX) The Acting CHAIR. The unfinished The Clerk redesignated the amend- Eshoo Larson (CT) Polis (CO) ment. business is the demand for a recorded Etheridge Latham Pomeroy vote on the amendment offered by the RECORDED VOTE Faleomavaega LaTourette Posey Fallin Latta Price (GA) gentleman from Illinois (Mr. ROSKAM) The Acting CHAIR. A recorded vote Farr Lee (CA) Price (NC) on which further proceedings were has been demanded. Fattah Lee (NY) Quigley postponed and on which the noes pre- A recorded vote was ordered. Filner Levin Radanovich Flake Lewis (CA) Rahall vailed by voice vote. The Acting CHAIR. This is a 5- Fleming Lewis (GA) Rangel The Clerk will redesignate the minute vote. Forbes Linder Rehberg amendment. The vote was taken by electronic de- Foster Lipinski Reichert The Clerk redesignated the amend- vice, and there were—ayes 423, noes 1, Foxx LoBiondo Richardson Frank (MA) Loebsack Rodriguez ment. not voting 14, as follows: Franks (AZ) Lofgren, Zoe Roe (TN) RECORDED VOTE [Roll No. 201] Frelinghuysen Lowey Rogers (AL) Fudge Lucas Rogers (KY) The Acting CHAIR. A recorded vote AYES—423 Gallegly Luetkemeyer Rogers (MI) has been demanded. Abercrombie Biggert Broun (GA) Garrett (NJ) Luja´ n Rohrabacher A recorded vote was ordered. Ackerman Bilbray Brown (SC) Gerlach Lummis Rooney Aderholt Bilirakis Brown, Corrine Giffords Lungren, Daniel Ros-Lehtinen The Acting CHAIR. This is a 5- Adler (NJ) Bishop (GA) Brown-Waite, Gingrey (GA) E. Roskam minute vote. Akin Bishop (NY) Ginny Gohmert Lynch Ross The vote was taken by electronic de- Alexander Blackburn Buchanan Gonzalez Mack Rothman (NJ) vice, and there were—ayes 194, noes 236, Altmire Blumenauer Burgess Goodlatte Maffei Roybal-Allard Andrews Blunt Burton (IN) Gordon (TN) Maloney Royce not voting 8, as follows: Arcuri Boccieri Butterfield Granger Manzullo Ruppersberger [Roll No. 202] Austria Boehner Buyer Graves Marchant Rush Baca Bonner Calvert Grayson Markey (CO) Ryan (OH) AYES—194 Bachmann Bono Mack Camp Green, Al Markey (MA) Ryan (WI) Aderholt Bilbray Broun (GA) Bachus Boozman Campbell Green, Gene Marshall Sablan Akin Bilirakis Brown (SC) Baird Bordallo Cantor Griffith Massa Salazar Alexander Bishop (UT) Brown-Waite, Baldwin Boren Cao Grijalva Matheson Sa´ nchez, Linda Altmire Blackburn Ginny Barrett (SC) Boswell Capito Guthrie Matsui T. Arcuri Blunt Buchanan Barrow Boucher Capps Gutierrez McCarthy (CA) Sanchez, Loretta Austria Boccieri Burgess Bartlett Boustany Capuano Hall (NY) McCarthy (NY) Sarbanes Bachmann Boehner Burton (IN) Barton (TX) Boyd Cardoza Hall (TX) McCaul Scalise Bachus Bonner Buyer Bean Brady (PA) Carnahan Halvorson McCollum Schakowsky Barrett (SC) Bono Mack Calvert Becerra Brady (TX) Carney Hare McCotter Schauer Bartlett Boozman Camp Berkley Braley (IA) Carson (IN) Harman McDermott Schiff Barton (TX) Boustany Campbell Berry Bright Carter Harper McGovern Schmidt Biggert Brady (TX) Cantor

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10479 Cao Johnson (IL) Platts Kosmas Neal (MA) Serrano [Roll No. 203] Capito Johnson, Sam Poe (TX) Kratovil Nye Sestak Carter Jones Posey Kucinich Oberstar Shea-Porter AYES—160 Cassidy Jordan (OH) Price (GA) Langevin Obey Sherman Aderholt Fortenberry Murphy, Tim Castle King (IA) Putnam Larsen (WA) Olver Sires Akin Foxx Myrick Chaffetz King (NY) Radanovich Larson (CT) Ortiz Skelton Alexander Franks (AZ) Neugebauer Childers Kingston Rehberg Lee (CA) Pallone Slaughter Austria Frelinghuysen Olson Coble Kirk Reichert Levin Pascrell Smith (WA) Bachmann Garrett (NJ) Paul Coffman (CO) Kline (MN) Roe (TN) Lewis (GA) Pastor (AZ) Snyder Bachus Gerlach Paulsen Cole Lamborn Rogers (AL) Lipinski Payne Space Barrett (SC) Gingrey (GA) Pence Conaway Lance Rogers (KY) Loebsack Perlmutter Speier Bartlett Gohmert Petri Crenshaw Latham Rogers (MI) Lofgren, Zoe Perriello Spratt Barton (TX) Goodlatte Pitts Cuellar LaTourette Rohrabacher Lowey Peters Stark Biggert Granger Platts ´ Culberson Latta Rooney Lujan Peterson Stupak Bilirakis Graves Poe (TX) Dahlkemper Lee (NY) Ros-Lehtinen Maloney Pingree (ME) Sutton Bishop (UT) Guthrie Posey Markey (MA) Polis (CO) Davis (KY) Lewis (CA) Roskam Tanner Blackburn Hall (TX) Price (GA) Marshall Pomeroy Deal (GA) Linder Royce Tauscher Blunt Hastings (WA) Putnam Massa Price (NC) Dent LoBiondo Ryan (WI) Teague Boehner Heller Radanovich Matheson Quigley Diaz-Balart, L. Lucas Scalise Thompson (CA) Bonner Hensarling Rehberg Matsui Rahall Diaz-Balart, M. Luetkemeyer Schmidt Thompson (MS) Boozman Herger Reichert McCarthy (NY) Rangel Dreier Lummis Schock Tierney Boustany Hoekstra Roe (TN) Driehaus Lungren, Daniel McCollum Richardson Brady (TX) Hunter Rogers (AL) Schrader McDermott Rodriguez Titus Duncan E. Sensenbrenner Tonko Broun (GA) Inglis Rogers (KY) Ehlers Lynch McGovern Ross Brown (SC) Issa Rogers (MI) Sessions McIntyre Rothman (NJ) Towns Emerson Mack Shadegg Tsongas Brown-Waite, Jenkins Rooney Fallin Maffei McMahon Roybal-Allard Ginny Johnson (IL) Ros-Lehtinen Shimkus McNerney Ruppersberger Van Hollen Flake Manzullo Shuler Vela´ zquez Buchanan Johnson, Sam Roskam Fleming Marchant Meek (FL) Rush Shuster Visclosky Burgess Jones Ryan (WI) Forbes Markey (CO) Melancon Ryan (OH) Simpson Walz Burton (IN) Jordan (OH) Scalise Foxx McCarthy (CA) Michaud Sablan Smith (NE) Wasserman Buyer King (IA) Schmidt Franks (AZ) McCaul Miller (NC) Salazar Camp Kingston Schock Smith (NJ) ´ Schultz Frelinghuysen McClintock Miller, George Sanchez, Linda Cantor Kirk Sensenbrenner Souder Watson Gallegly McCotter Mitchell T. Capito Kirkpatrick (AZ) Sessions Stearns Watt Garrett (NJ) McHenry Mollohan Sanchez, Loretta Carter Kline (MN) Shadegg Sullivan Waxman Gerlach McHugh Moore (KS) Sarbanes Cassidy Lamborn Shimkus Taylor Weiner Gingrey (GA) McKeon Moore (WI) Schakowsky Castle Lance Shuler Terry Welch Gohmert McMorris Moran (VA) Schauer Chaffetz Latham Shuster Wexler Goodlatte Rodgers Thompson (PA) Murphy (CT) Schiff Childers Latta Simpson Wilson (OH) Granger Mica Thornberry Murtha Schwartz Coble Lee (NY) Smith (NE) Woolsey Graves Miller (FL) Tiahrt Nadler (NY) Scott (GA) Coffman (CO) Linder Souder Guthrie Miller (MI) Tiberi Napolitano Scott (VA) Wu Cole LoBiondo Stearns Turner Hall (TX) Miller, Gary NOT VOTING—8 Conaway Lucas Sullivan Harper Minnick Upton Crenshaw Luetkemeyer Terry Hastings (WA) Murphy, Patrick Walden Fortenberry Moran (KS) Reyes Cuellar Lummis Thompson (PA) Heinrich Murphy, Tim Wamp Jackson (IL) Norton Smith (TX) Culberson Mack Thornberry Heller Myrick Waters Meeks (NY) Pierluisi Davis (KY) Manzullo Tiahrt Hensarling Neugebauer Westmoreland Deal (GA) Marchant Turner Herger Nunes Whitfield ANNOUNCEMENT BY THE ACTING CHAIR Dent McCaul Upton Hoekstra Olson Wilson (SC) The Acting CHAIR (during the vote). Diaz-Balart, L. McCotter Walden Hunter Paul Wittman Two minutes remain in this vote. Diaz-Balart, M. McHenry Wamp Inglis Paulsen Wolf Dreier McMorris Westmoreland Inslee Pence Yarmuth Duncan Rodgers Whitfield Issa Petri Young (AK) b 1319 Emerson Mica Wilson (SC) Jenkins Pitts Young (FL) Fallin Miller (FL) Wittman Messrs. CONYERS, RUSH and Ms. Flake Miller (MI) Wolf NOES—236 RICHARDSON changed their vote from Fleming Minnick Young (AK) Forbes Mitchell Young (FL) Abercrombie Cohen Grayson ‘‘aye’’ to ‘‘no.’’ Ackerman Connolly (VA) Green, Al So the amendment was rejected. Adler (NJ) Conyers Green, Gene NOES—271 Andrews Cooper Griffith The result of the vote was announced Abercrombie Cardoza Edwards (TX) Baca Costa Grijalva as above recorded. Ackerman Carnahan Ehlers Baird Costello Gutierrez Adler (NJ) Carney Ellison Baldwin Courtney Hall (NY) PERSONAL EXPLANATION Altmire Carson (IN) Ellsworth Barrow Crowley Halvorson Ms. NORTON. Mr. Chairman, I would have Andrews Castor (FL) Engel Bean Cummings Hare voted ‘‘aye’’ on rollcall 200; ‘‘aye’’ on rollcall Arcuri Chandler Eshoo Becerra Davis (AL) Harman Baca Christensen Etheridge Berkley Davis (CA) Hastings (FL) 201; and ‘‘no’’ on rollcall 202. Baird Clarke Faleomavaega Berman Davis (IL) Herseth Sandlin AMENDMENT NO. 11 OFFERED BY MR. SHADEGG Baldwin Clay Farr Berry Davis (TN) Higgins Barrow Cleaver Fattah Bishop (GA) DeFazio Hill The Acting CHAIR. The unfinished Bean Clyburn Filner Bishop (NY) DeGette Himes business is the demand for a recorded Becerra Cohen Foster Blumenauer Delahunt Hinchey vote on the amendment offered by the Berkley Connolly (VA) Frank (MA) Bordallo DeLauro Hinojosa Berman Conyers Fudge Boren Dicks Hirono gentleman from Arizona (Mr. SHADEGG) Berry Cooper Gallegly Boswell Dingell Hodes on which further proceedings were Bilbray Costa Giffords Boucher Doggett Holden postponed and on which the noes pre- Bishop (GA) Costello Gonzalez Boyd Donnelly (IN) Holt vailed by voice vote. Bishop (NY) Courtney Gordon (TN) Brady (PA) Doyle Honda Blumenauer Crowley Grayson Braley (IA) Edwards (MD) Hoyer The Clerk will redesignate the Boccieri Cummings Green, Al Bright Edwards (TX) Israel amendment. Bono Mack Dahlkemper Green, Gene Brown, Corrine Ellison Jackson-Lee The Clerk redesignated the amend- Bordallo Davis (AL) Griffith Butterfield Ellsworth (TX) Boren Davis (CA) Grijalva Capps Engel Johnson (GA) ment. Boswell Davis (IL) Gutierrez Capuano Eshoo Johnson, E. B. RECORDED VOTE Boucher Davis (TN) Hall (NY) Cardoza Etheridge Kagen Boyd DeFazio Halvorson Carnahan Faleomavaega Kanjorski The Acting CHAIR. A recorded vote Brady (PA) DeGette Hare Carney Farr Kaptur has been demanded. Braley (IA) Delahunt Harman Carson (IN) Fattah Kennedy A recorded vote was ordered. Bright DeLauro Hastings (FL) Castor (FL) Filner Kildee Brown, Corrine Dicks Heinrich Chandler Foster Kilpatrick (MI) The Acting CHAIR. This will be a 5- Butterfield Dingell Herseth Sandlin Christensen Frank (MA) Kilroy minute vote. Calvert Doggett Higgins Clarke Fudge Kind The vote was taken by electronic de- Campbell Donnelly (IN) Hill Clay Giffords Kirkpatrick (AZ) Cao Doyle Himes Cleaver Gonzalez Kissell vice, and there were—ayes 160, noes 271, Capps Driehaus Hinchey Clyburn Gordon (TN) Klein (FL) not voting 7, as follows: Capuano Edwards (MD) Hinojosa

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10480 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 Hirono McIntyre Sa´ nchez, Linda ment Initiative, and for other purposes, There was no objection. Hodes McKeon T. The SPEAKER pro tempore. The gen- Holden McMahon Sanchez, Loretta pursuant to House Resolution 352, he Holt McNerney Sarbanes reported the bill back to the House tleman from California is recognized Honda Meek (FL) Schakowsky with an amendment adopted by the for 5 minutes. Hoyer Meeks (NY) Schauer Committee of the Whole. Mr. NUNES. Mr. Speaker, to put it Inslee Melancon Schiff The SPEAKER pro tempore. Under bluntly, the people of the San Joaquin Israel Michaud Schrader Jackson-Lee Miller (NC) Schwartz the rule, the previous question is or- Valley are experiencing an economic (TX) Miller, Gary Scott (GA) dered. disaster, the scope of which is unprece- Johnson (GA) Miller, George Scott (VA) Is a separate vote demanded on any dented. In fact, it has surpassed the Johnson, E. B. Mollohan Serrano amendment to the amendment re- worst levels of the Great Depression. Kagen Moore (KS) Sestak Kanjorski Moore (WI) Shea-Porter ported from the Committee of the Indeed, over the past 2 years, I have Kaptur Moran (VA) Sherman Whole? If not, the question is on the pleaded with this body and State offi- Kennedy Murphy (CT) Sires Kildee Murphy, Patrick amendment. cials and my colleagues here in Con- Skelton Kilpatrick (MI) Murtha The amendment was agreed to. gress to avoid this man-made disaster. Slaughter Kilroy Nadler (NY) Smith (NJ) The SPEAKER pro tempore. The In January of 2008, I testified before Kind Napolitano Smith (WA) question is on the engrossment and the Water and Power Subcommittee King (NY) Neal (MA) Snyder Kissell Norton third reading of the bill. and asked that the Democrats that Space Klein (FL) Nunes The bill was ordered to be engrossed controlled Congress overturn a court- Speier Kosmas Nye Spratt and read a third time, and was read the imposed, man-made drought in Cali- Kratovil Oberstar third time. Kucinich Obey Stark fornia. Langevin Olver Stupak MOTION TO RECOMMIT In February, and again in June of Larsen (WA) Ortiz Sutton 2008, I asked the Governor and Interior Tanner Mr. NUNES. Mr. Speaker, I have a Larson (CT) Pallone Secretary to declare states of emer- Lee (CA) Pascrell Tauscher motion to recommit. Levin Pastor (AZ) Taylor The SPEAKER pro tempore. Is the gency and focus State and Federal re- Lewis (CA) Payne Teague gentleman opposed to the bill? sources to develop new water supplies Lewis (GA) Perlmutter Thompson (CA) Thompson (MS) Mr. NUNES. I am in its current form. to avoid this economic disaster. Lipinski Perriello In July of 2008, I again returned to Loebsack Peters Tierney The SPEAKER pro tempore. The Lofgren, Zoe Peterson Titus Clerk will report the motion to recom- the Water and Power Subcommittee to Lowey Pierluisi Tonko mit. testify about the unfolding disaster Luja´ n Pingree (ME) Towns The Clerk read as follows: and pleaded that the committee take Lungren, Daniel Polis (CO) Tsongas E. Pomeroy Van Hollen Mr. Nunes moves to recommit the bill H.R. action to increase the water supply. Lynch Price (NC) Vela´ zquez 1145 to the Committee on Science and Tech- Despite my pleas, this Congress and Maffei Quigley Visclosky nology with instructions to report the same our President have done nothing. Maloney Rahall Walz back to the House forthwith with the fol- Unemployment in the San Joaquin Markey (CO) Rangel Wasserman lowing amendment: Schultz Valley now averages close to 20 per- Markey (MA) Richardson At the end of the bill, add the following Marshall Rodriguez Waters cent, with some communities nearing new section: Massa Rohrabacher Watson 50 percent. An economic disaster is not Watt SEC. lll. REPORTS TO CONGRESS. Matheson Ross looming for the people of the San Joa- Matsui Rothman (NJ) Waxman (a) REPORT ON BARRIERS.—Not later than 90 McCarthy (CA) Roybal-Allard Weiner days after the date of enactment of this Act, quin Valley, it is here, and it is here as McCarthy (NY) Royce Welch the President shall submit to Congress a re- a direct result of government action, Wexler McClintock Ruppersberger port that— namely, the use of precious water re- McCollum Rush Wilson (OH) McDermott Ryan (OH) Woolsey (1) identifies from each agency on the sources in an attempt to value fish McGovern Sablan Wu interagency committee established under over families. McHugh Salazar Yarmuth section 2(b) the statutory or regulatory bar- There is a solution to the poverty riers— NOT VOTING—7 and economic havoc confronting the (A) that prevent the use of technology, San Joaquin Valley, but it doesn’t Harper Moran (KS) Tiberi technique, data collection method, or model Jackson (IL) Reyes considered under this Act; and come from a new study of an old prob- LaTourette Smith (TX) (B) that, due to such barrier to using such lem. Relief won’t come from a long- ANNOUNCEMENT BY THE ACTING CHAIR technology, technique, method, or model, winded stump speech, a chant at a The Acting CHAIR (during the vote). contribute to the loss of jobs in rural or agri- water rally, or an impassioned speech Two minutes remain in this vote. cultural economies dependent on the greater on this floor. It has to come through availability of water resources in the United legislative action by this body. b 1332 States; I have introduced a ‘‘no cost’’ bill Mr. GUTIERREZ changed his vote (2) identifies the long-term consequences that would provide immediate relief to on job losses of such barriers that continue from ‘‘aye’’ to ‘‘no.’’ to be in effect; and suffering Californians. And just last So the amendment was rejected. (3) recommends steps to remove such bar- week, Secretary of the Interior Salazar The result of the vote was announced riers. announced $260 million of stimulus as above recorded. (b) REPORT ON IMPACTS.—Not later than 90 money to address the crisis in Cali- The Acting CHAIR. The question is days after the date of enactment of this Act, fornia. But not $1 came to mitigate the on the committee amendment in the the President shall submit to Congress a re- effects of the southern San Joaquin nature of a substitute, as amended. port that— Valley. The committee amendment in the (1) identifies the economic impacts of My colleagues on the other side of water diversions for water supply, conserva- nature of a substitute, as amended, was tion for fish species (including the Delta the aisle should be outraged. They ex- agreed to. smelt), and water quality impairment in the pressed outrage for the last adminis- The Acting CHAIR. Under the rule, San Joaquin Valley of California; and tration’s alleged failure to deal with the Committee rises. (2) recommends steps to mitigate such eco- the consequences of Hurricane Katrina, Accordingly, the Committee rose; nomic impacts to preserve the water-depend- but they have said nothing about the and the Speaker pro tempore (Mr. ent rural economy. current administration’s failure to un- SERRANO) having assumed the chair, Mr. NUNES (during the reading). Mr. dertake a single act to address this on- Mr. SALAZAR, Acting Chair of the Com- Speaker, I would like to ask unani- going disaster. mittee of the Whole House on the State mous consent that we suspend the The folks in the San Joaquin Valley of the Union, reported that that Com- reading. have had to resort to finding assistance mittee, having had under consideration The SPEAKER pro tempore. Is there from food banks. I’d like to draw your the bill (H.R. 1145) to implement a Na- objection to the request of the gen- attention to this picture here. Kristian tional Water Research and Develop- tleman from California? Reyes, age 3, and his brother, Kelvin

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10481 Reyes, age 5, were turned away from a amendment or, rather, this motion to Mr. Speaker, I yield to the gentleman local food bank just recently. Addition- recommit to reinforce the amendment from California (Mr. COSTA). ally, there was an additional 50 fami- that Mr. ROHRABACHER already has put Mr. COSTA. Mr. Speaker and Mem- lies that were turned away that day. in and is part of the text of this amend- bers, welcome to the world of water in Let me make it clear. We’re not ask- ment. California. This is a very serious issue. ing for a $1 billion bailout. We’re not I yield to the gentleman from Cali- Sadly, it has been a confrontational even asking for $1. All we need is this fornia. issue for more decades than I would Congress to move emergency legisla- Mr. GEORGE MILLER of California. care to describe to you, but I am tion that would allow the delta pumps I thank the gentleman for yielding, and pleased that the gentleman from Cali- to return to historic export levels. I agree with his decision to accept this fornia offered the amendment. And I Unfortunately, the underlying bill amendment. want to thank Chairman GORDON for does nothing to resolve this crisis. I just want to say that it’s not as accepting the amendment because it Therefore, the Republicans have had to easy as my colleague from California does underline the serious nature of resort to offering a motion to recom- has suggested. This is a long, statewide drought conditions, not just in Cali- mit that directs the President to ac- water system that serves many dif- fornia. We had them in Georgia just re- count for the economic impacts of cut- ferent interests. You can turn on the cently in the last 2 years. The fact is ting off water to families and dedi- pumps as he says. The pumps are on. that water in our country and water cating this precious resource to a 3- You can send more water to the central around the world is one of the most inch minnow called the Delta Smelt valley and move the unemployment to precious resources that we have, and the farmers in the delta region, to the that I want to draw your attention to. that’s why this bill is important. This is absolutely ridiculous. This is a farmworkers in the delta region. We’ve national disgrace when the bread- already unemployed thousands of fish- b 1345 ermen, thousands of shoreside busi- basket of the world cannot even feed That’s why we need to use all the nesses. We’ve spent hundreds of mil- the people that live and work there. water management tools in our water lions of dollars in disaster relief be- When a government is unable to pro- toolbox. We can recite our version of cause this system does not have vide citizens access to a reliable water past history. I have differences with enough water in it. In fact, what has supply, the government has failed. We my colleague Congressman MILLER on happened over the last several years is need to be part of the solution, not the a number of those issues. I have dif- more water was taken illegally from problem. ferences with a number of my col- It’s time to stop valuing fish over the northern areas. He says that the Secretary an- leagues from California who have tried families. Pass this motion to recom- nounced nothing to help the people in to bring consensus together and who mit, and send a message to the people the central valley. Finally, after years are under difficult circumstances to of the San Joaquin Valley that, at a of discussion, we were able to fund the balance the needs for farmers, the minimum, you are willing to own up to in-delta barriers that we think will re- needs for urban water use and to re- the problem that this Congress has cre- lease additional water, protect the fish, store the environment. ated. and allow us to use the delta more effi- I want to thank the chairman for With that, Mr. Speaker, I yield back ciently. adopting this amendment, and I want the balance of my time. Finally, after years of discussion, we to thank my colleague for offering it. Mr. GORDON of Tennessee. Mr. put the money into the removal of the The SPEAKER pro tempore. Without Speaker, I rise in opposition to this dam in Mr. HERGER’s district that will objection, the previous question is or- motion; although I do not oppose the benefit downstream users. dered on the motion to recommit. motion. Finally, after many, many years of There was no objection. The SPEAKER pro tempore. Without asking for water recycling, water The SPEAKER pro tempore. The objection, the gentleman from Ten- reuse, $126 million was put in for the question is on the motion to recommit. nessee is recognized for 5 minutes. cities in Southern California so they The question was taken; and the There was no objection. can start the process of recycling, Speaker pro tempore announced that Mr. GORDON of Tennessee. First of reusing water and taking the pressure the ayes appeared to have it. all, let me thank the gentleman from off the central valley farmers, taking RECORDED VOTE California (Mr. NUNES) for his interest the pressure off of the delta areas. Mr. NUNES. Mr. Speaker, I demand a in this bill. And let me also point out, That’s the kind of coordinated activ- recorded vote. I don’t know whether he saw this ity that has finally begun under the A recorded vote was ordered. morning in one of the major news- Obama administration. It simply didn’t The SPEAKER pro tempore. Pursu- papers, the headline was ‘‘Drought happen under the previous administra- ant to clause 8 and clause 9 of rule XX, Conditions Hit California Earlier Than tion. There were no new water recy- this 15-minute vote on the motion to Usual.’’ Certainly California has a cling projects of any significance. recommit H.R. 1145 will be followed by problem. But not only California, but There was a fooling around with the 5-minute votes on passage of H.R. 1145, 40 States by the Year 2013 are going to science. We’ve lost months during this if ordered, and suspension of the rules be experiencing droughts and other drought of going back and trying to with regard to H.R. 1139. problems with water. That’s why this redo the science. The vote was taken by electronic de- bill is so very important. We saw what happened when Klam- vice, and there were—ayes 392, noes 28, Now, the gentleman from California, ath decided he knew more about the not voting 12, as follows: not being a member of our committee, science than the people on the Klamath [Roll No. 204] understandably, probably doesn’t real- River and the fish and wildlife agen- ize how we work in a collaborative, bi- cies. We had the largest salmon kill in AYES—392 partisan fashion, and how that, during the history of the West Coast, and you Abercrombie Barrow Blackburn the hearing of this bill, Mr. ROHR- Ackerman Bartlett Blumenauer ended up spending hundreds of millions Aderholt Barton (TX) Blunt ABACHER, also from California, pre- of dollars to help out farmers, to help Adler (NJ) Bean Boccieri sented an amendment almost identical out fishermen, to help out small busi- Akin Becerra Boehner to this, and it was accepted unani- nesses all over Northern California, Or- Alexander Berkley Bono Mack Andrews Berman Boozman mously by our committee. Addition- egon and Washington. Arcuri Berry Boren ally, there are other ongoing studies. We will accept this amendment, but Austria Biggert Boswell But I do clearly agree that this is an we won’t accept the recitation of his- Baca Bilbray Boucher issue of concern. And I think putting Bachmann Bilirakis Boustany tory. Bachus Bishop (GA) Boyd an exclamation point is perfectly fine. Mr. GORDON of Tennessee. Mr. Baird Bishop (NY) Brady (PA) And for that reason, we will accept this Speaker, I reclaim my time. Barrett (SC) Bishop (UT) Brady (TX)

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10482 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 Bright Granger McCaul Schauer Snyder Towns the President shall submit to Congress a re- Broun (GA) Graves McClintock Schiff Souder Turner port that— Brown (SC) Grayson McCollum Schmidt Space Upton (1) identifies from each agency on the Brown, Corrine Green, Al McCotter Schock Speier Van Hollen Brown-Waite, Griffith McDermott Schrader Spratt interagency committee established under Visclosky section 2(b) the statutory or regulatory bar- Ginny Grijalva McGovern Schwartz Stearns Walden riers— Buchanan Guthrie McHenry Scott (GA) Stupak Walz Burgess Gutierrez McHugh Sensenbrenner Sullivan Wamp (A) that prevent the use of technology, Burton (IN) Hall (NY) McIntyre Serrano Sutton Watt technique, data collection method, or model Butterfield Hall (TX) McKeon Sessions Tanner Weiner considered under this Act; and Buyer Halvorson McMahon Sestak Tauscher (B) that, due to such barrier to using such Calvert Hare McMorris Shadegg Taylor Welch Camp Harman Rodgers Shea-Porter Teague Westmoreland technology, technique, method, or model, Campbell Hastings (FL) McNerney Sherman Terry Wexler contribute to the loss of jobs in rural or agri- Cantor Heinrich Meek (FL) Shimkus Thompson (CA) Whitfield cultural economies dependent on the greater Cao Heller Meeks (NY) Shuler Thompson (MS) Wilson (OH) availability of water resources in the United Capito Hensarling Melancon Shuster Thompson (PA) Wilson (SC) States; Capps Herger Mica Simpson Thornberry Wittman (2) identifies the long-term consequences Capuano Herseth Sandlin Michaud Sires Tiahrt Wolf on job losses of such barriers that continue Cardoza Higgins Miller (FL) Skelton Tiberi Yarmuth to be in effect; and Carnahan Hill Miller (NC) Smith (NE) Tierney Young (AK) Carney Himes Miller, Gary Smith (NJ) Titus Young (FL) (3) recommends steps to remove such bar- Carter Hinojosa Miller, George Smith (WA) Tonko riers. Cassidy Hodes Minnick (b) REPORT ON IMPACTS.—Not later than 90 NOES—28 Castle Hoekstra Mitchell days after the date of enactment of this Act, Castor (FL) Holden Mollohan Altmire Hinchey Stark the President shall submit to Congress a re- Chaffetz Hoyer Moore (KS) Baldwin Hirono Tsongas port that— Chandler Hunter Moore (WI) Braley (IA) Holt Vela´ zquez (1) identifies the economic impacts of Childers Inglis Moran (VA) Carson (IN) Honda Waters water diversions for water supply, conserva- Cleaver Inslee Murphy (CT) Clarke Kilpatrick (MI) Watson tion for fish species (including the Delta Clyburn Israel Murphy, Patrick Clay Kucinich Waxman Coble Issa Murphy, Tim Conyers Lee (CA) Woolsey smelt), and water quality impairment in the Coffman (CO) Jackson-Lee Murtha Dingell Miller (MI) Wu San Joaquin Valley of California; and Cohen (TX) Myrick Edwards (MD) Nadler (NY) (2) recommends steps to mitigate such eco- Cole Jenkins Napolitano Fattah Schakowsky nomic impacts to preserve the water-depend- Conaway Johnson (GA) Neal (MA) Connolly (VA) Johnson (IL) Neugebauer NOT VOTING—12 ent rural economy. Cooper Johnson, E. B. Nunes Bonner Jackson (IL) Smith (TX) Mr. GORDON from Tennessee (during Costa Johnson, Sam Nye Engel Moran (KS) Wasserman the reading). Mr. Speaker, I ask unani- Costello Jones Oberstar Green, Gene Reyes Schultz Courtney Jordan (OH) Obey Harper Scott (VA) mous consent to waive the reading of Crenshaw Kagen Olson Hastings (WA) Slaughter the amendment. Crowley Kanjorski Olver b 1404 The SPEAKER pro tempore. Is there Cuellar Kaptur Ortiz objection to the request of the gen- Culberson Kennedy Pallone Ms. VELA´ ZQUEZ and Ms. KIL- Cummings Kildee Pascrell tleman from Tennessee? Dahlkemper Kilroy Pastor (AZ) PATRICK of Michigan changed their There was no objection. Davis (AL) Kind Paul vote from ‘‘aye’’ to ‘‘no.’’ The SPEAKER pro tempore. The Davis (CA) King (IA) Paulsen Mr. WELCH and Ms. MC COLLUM question is on the amendment. Davis (IL) King (NY) Payne changed their vote from ‘‘no’’ to ‘‘aye.’’ Davis (KY) Kingston Pence The amendment was agreed to. So the motion to recommit was Davis (TN) Kirk Perlmutter The SPEAKER pro tempore. The Deal (GA) Kirkpatrick (AZ) Perriello agreed to. DeFazio Kissell Peters The result of the vote was announced question is on the engrossment and DeGette Klein (FL) Peterson as above recorded. third reading of the bill. Delahunt Kline (MN) Petri Stated for: The bill was ordered to be engrossed DeLauro Kosmas Pingree (ME) and read a third time, and was read the Dent Kratovil Pitts Ms. SLAUGHTER. Mr. Speaker, on rollcall Diaz-Balart, L. Lamborn Platts No. 204, had I been present, I would have third time. Diaz-Balart, M. Lance Poe (TX) voted ‘‘aye.’’ The SPEAKER pro tempore. The Dicks Langevin Polis (CO) Mr. SCOTT of Virginia. Mr. Speaker, on roll- question is on the passage of the bill. Doggett Larsen (WA) Pomeroy Donnelly (IN) Larson (CT) Posey call No. 204, I was unavoidably detained. Had The question was taken; and the Doyle Latham Price (GA) I been present, I would have voted ‘‘aye.’’ Speaker pro tempore announced that Dreier LaTourette Price (NC) Mr. GENE GREEN of Texas. Mr. Speaker, the ayes appeared to have it. Driehaus Latta Putnam on rollcall No. 204, had I been present, I Mr. GORDON of Tennessee. Mr. Duncan Lee (NY) Quigley Edwards (TX) Levin Radanovich would have voted ‘‘aye.’’ Speaker, on that I demand the yeas Ehlers Lewis (CA) Rahall Mr. BONNER. Mr. Speaker, on rollcall No. and nays. Ellison Lewis (GA) Rangel 204, I was unavoidably detained due to com- The yeas and nays were ordered. Ellsworth Linder Rehberg mittee meeting. Had I been present, I would Emerson Lipinski Reichert The SPEAKER pro tempore. This Eshoo LoBiondo Richardson have voted ‘‘aye.’’ will be a 5-minute vote. Etheridge Loebsack Rodriguez Mr. HASTINGS of Washington. Mr. Speak- The vote was taken by electronic de- Fallin Lofgren, Zoe Roe (TN) er, on rollcall No. 204, I was unavoidably de- vice, and there were—yeas 413, nays 10, Farr Lowey Rogers (AL) tained. Had I been present, I would have Filner Lucas Rogers (KY) not voting 9, as follows: Flake Luetkemeyer Rogers (MI) voted ‘‘aye.’’ [Roll No. 205] Fleming Luja´ n Rohrabacher Mr. GORDON of Tennessee. Mr. YEAS—413 Forbes Lummis Rooney Speaker, pursuant to the instructions Fortenberry Lungren, Daniel Ros-Lehtinen Abercrombie Bartlett Boccieri Foster E. Roskam of the House on the motion to recom- Ackerman Barton (TX) Bonner Foxx Lynch Ross mit, I report the bill, H.R. 1145, back to Aderholt Bean Bono Mack Frank (MA) Mack Rothman (NJ) the House with an amendment. Adler (NJ) Becerra Boozman Franks (AZ) Maffei Roybal-Allard The SPEAKER pro tempore. The Akin Berkley Boren Frelinghuysen Maloney Royce Alexander Berman Boswell Fudge Manzullo Ruppersberger Clerk will report the amendment. Altmire Berry The Clerk read as follows: Boucher Gallegly Marchant Rush Andrews Biggert Boustany Garrett (NJ) Markey (CO) Ryan (OH) Arcuri Bilbray Amendment offered by Mr. GORDON of Ten- Boyd Gerlach Markey (MA) Ryan (WI) Austria Bilirakis nessee: Brady (PA) Giffords Marshall Salazar At the end of the bill, add the following Baca Bishop (GA) ´ Brady (TX) Gingrey (GA) Massa Sanchez, Linda new section: Bachmann Bishop (NY) Gohmert Matheson T. Bachus Bishop (UT) Braley (IA) Gonzalez Matsui Sanchez, Loretta SEC. lll. REPORTS TO CONGRESS. Baldwin Blackburn Bright Goodlatte McCarthy (CA) Sarbanes (a) REPORT ON BARRIERS.—Not later than 90 Barrett (SC) Blumenauer Brown (SC) Gordon (TN) McCarthy (NY) Scalise days after the date of enactment of this Act, Barrow Blunt Brown, Corrine

VerDate Mar 15 2010 13:35 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.000 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10483 Brown-Waite, Graves Marshall Sa´ nchez, Linda Smith (NJ) Turner Clay Kaptur Posey Ginny Grayson Massa T. Smith (WA) Upton Cleaver Kennedy Price (NC) Buchanan Green, Al Matheson Sanchez, Loretta Snyder Van Hollen Coffman (CO) Kildee Putnam Burgess Green, Gene Matsui Sarbanes Souder Vela´ zquez Cohen Kilpatrick (MI) Quigley Burton (IN) Griffith McCarthy (CA) Scalise Space Visclosky Connolly (VA) Kilroy Rahall Butterfield Grijalva McCarthy (NY) Schakowsky Speier Walden Conyers Kind Rangel Buyer Guthrie McCaul Schauer Spratt Walz Cooper King (NY) Rehberg Calvert Gutierrez McClintock Schiff Stark Wamp Costa Kingston Reichert Camp Hall (NY) McCollum Schmidt Stearns Wasserman Costello Kirk Richardson Campbell Hall (TX) McCotter Schock Stupak Schultz Courtney Kirkpatrick (AZ) Rodriguez Cantor Halvorson McDermott Schrader Sullivan Waters Crenshaw Kissell Roe (TN) Cao Hare McGovern Schwartz Sutton Watson Crowley Klein (FL) Rogers (AL) Capito Harman McHenry Scott (GA) Tanner Watt Cuellar Kosmas Rogers (KY) Capps Hastings (FL) McHugh Scott (VA) Tauscher Waxman Cummings Kratovil Rogers (MI) Capuano Hastings (WA) McIntyre Sensenbrenner Taylor Weiner Dahlkemper Kucinich Cardoza Heinrich McKeon Serrano Teague Welch Rooney Davis (AL) Lance Ros-Lehtinen Carnahan Heller McMahon Sessions Terry Westmoreland Davis (CA) Langevin Roskam Carney Herger McMorris Sestak Thompson (CA) Wexler Davis (IL) Larsen (WA) Ross Carson (IN) Herseth Sandlin Rodgers Shea-Porter Thompson (MS) Whitfield Davis (KY) Larson (CT) Rothman (NJ) Carter Higgins McNerney Sherman Thompson (PA) Wilson (OH) Davis (TN) Latham Roybal-Allard Cassidy Hill Meek (FL) Shimkus Thornberry Wilson (SC) DeFazio LaTourette Ruppersberger Castle Himes Meeks (NY) Shuler Tiahrt Wittman DeGette Latta Castor (FL) Hinchey Melancon Shuster Tiberi Wolf Delahunt Lee (CA) Rush Chaffetz Hinojosa Mica Simpson Tierney Woolsey DeLauro Lee (NY) Ryan (OH) Chandler Hirono Michaud Sires Titus Wu Dent Levin Salazar ´ Childers Hodes Miller (FL) Skelton Tonko Yarmuth Diaz-Balart, L. Lewis (CA) Sanchez, Linda Clarke Hoekstra Miller (NC) Slaughter Towns Young (AK) Diaz-Balart, M. Lewis (GA) T. Clay Holden Miller, Gary Smith (NE) Tsongas Young (FL) Dicks Lipinski Sanchez, Loretta Cleaver Holt Miller, George Sarbanes NAYS—10 Dingell LoBiondo Clyburn Honda Minnick Doggett Loebsack Scalise Coble Hoyer Mitchell Broun (GA) Franks (AZ) Poe (TX) Donnelly (IN) Lofgren, Zoe Schakowsky Coffman (CO) Hunter Mollohan Culberson Garrett (NJ) Shadegg Driehaus Lowey Schauer Cohen Inglis Moore (KS) Flake Hensarling Edwards (MD) Luetkemeyer Schiff Cole Inslee Moore (WI) Foxx Miller (MI) Edwards (TX) Luja´ n Schmidt Conaway Israel Moran (VA) Ellison Lynch Schock Connolly (VA) Issa Murphy (CT) NOT VOTING—9 Ellsworth Maloney Schrader Conyers Jackson-Lee Murphy, Patrick Baird Jackson (IL) Paul Emerson Markey (CO) Schwartz Cooper (TX) Murphy, Tim Boehner Linder Reyes Engel Markey (MA) Scott (GA) Costa Jenkins Murtha Harper Moran (KS) Smith (TX) Eshoo Marshall Scott (VA) Costello Johnson (GA) Myrick Etheridge Massa Serrano Courtney Johnson (IL) Nadler (NY) Farr Matheson Sestak Crenshaw Johnson, E. B. Napolitano b 1413 Shea-Porter Crowley Johnson, Sam Neal (MA) Fattah Matsui So the bill was passed. Sherman Cuellar Jones Neugebauer Filner McCarthy (NY) Cummings Jordan (OH) Nunes The result of the vote was announced Fleming McCaul Shuler Dahlkemper Kagen Nye as above recorded. Forbes McCollum Shuster Davis (AL) Kanjorski Oberstar A motion to reconsider was laid on Fortenberry McCotter Simpson Foster McDermott Sires Davis (CA) Kaptur Obey the table. Davis (IL) Kennedy Olson Frank (MA) McGovern Skelton Frelinghuysen McHugh Slaughter Davis (KY) Kildee Olver f Davis (TN) Kilpatrick (MI) Ortiz Fudge McIntyre Smith (NJ) Deal (GA) Kilroy Pallone Gerlach McMahon Smith (WA) DeFazio Kind Pascrell COPS IMPROVEMENTS ACT OF 2009 Giffords McMorris Snyder Gingrey (GA) Rodgers DeGette King (IA) Pastor (AZ) The SPEAKER pro tempore. The un- Souder Delahunt King (NY) Paulsen Gonzalez McNerney Space DeLauro Kingston Payne finished business is the vote on the mo- Gordon (TN) Meek (FL) Speier Dent Kirk Pence tion to suspend the rules and pass the Graves Meeks (NY) Spratt Diaz-Balart, L. Kirkpatrick (AZ) Perlmutter bill, H.R. 1139, as amended, on which Grayson Melancon Stearns Diaz-Balart, M. Kissell Perriello Green, Al Mica Stupak Dicks Klein (FL) Peters the yeas and nays were ordered. Green, Gene Michaud Sutton Dingell Kline (MN) Peterson The Clerk read the title of the bill. Griffith Miller (MI) Tanner Doggett Kosmas Petri The SPEAKER pro tempore. The Grijalva Miller (NC) Tauscher Donnelly (IN) Kratovil Pingree (ME) question is on the motion offered by Guthrie Miller, George Taylor Doyle Kucinich Pitts Gutierrez Minnick Teague Dreier Lamborn Platts the gentleman from New York (Mr. Hall (NY) Mitchell Terry Driehaus Lance Polis (CO) WEINER) that the House suspend the Hall (TX) Mollohan Thompson (CA) Duncan Langevin Pomeroy rules and pass the bill, H.R. 1139, as Halvorson Moore (KS) Thompson (MS) Edwards (MD) Larsen (WA) Posey amended. Hare Moore (WI) Thompson (PA) Edwards (TX) Larson (CT) Price (GA) Harman Moran (VA) Tiahrt Ehlers Latham Price (NC) This will be a 5-minute vote. Hastings (FL) Murphy (CT) Tiberi Ellison LaTourette Putnam The vote was taken by electronic de- Heinrich Murphy, Patrick Tierney Ellsworth Latta Quigley vice, and there were—yeas 342, nays 78, Heller Murphy, Tim Titus Emerson Lee (CA) Radanovich Herseth Sandlin Murtha Tonko not voting 12, as follows: Higgins Nadler (NY) Engel Lee (NY) Rahall Towns Eshoo Levin Rangel Hill Napolitano [Roll No. 206] Tsongas Etheridge Lewis (CA) Rehberg Himes Neal (MA) Turner Fallin Lewis (GA) Reichert YEAS—342 Hinchey Nye Upton Farr Lipinski Richardson Abercrombie Biggert Buchanan Hinojosa Oberstar Van Hollen Fattah LoBiondo Rodriguez Ackerman Bilbray Burgess Hirono Obey Vela´ zquez Filner Loebsack Roe (TN) Aderholt Bilirakis Butterfield Hodes Olver Fleming Lofgren, Zoe Rogers (AL) Adler (NJ) Bishop (GA) Calvert Hoekstra Ortiz Visclosky Forbes Lowey Rogers (KY) Alexander Bishop (NY) Cao Holden Pallone Walden Fortenberry Lucas Rogers (MI) Altmire Blumenauer Capito Holt Pascrell Walz Foster Luetkemeyer Rohrabacher Andrews Boccieri Capps Honda Pastor (AZ) Wamp Frank (MA) Luja´ n Rooney Arcuri Bonner Capuano Hoyer Paulsen Wasserman Frelinghuysen Lummis Ros-Lehtinen Austria Bono Mack Cardoza Hunter Payne Schultz Fudge Lungren, Daniel Roskam Baca Boozman Carnahan Inslee Perlmutter Waters Gallegly E. Ross Baird Boren Carney Israel Perriello Watson Gerlach Lynch Rothman (NJ) Baldwin Boswell Carson (IN) Jackson-Lee Peters Watt Giffords Mack Roybal-Allard Barrow Boucher Cassidy (TX) Peterson Waxman Gingrey (GA) Maffei Royce Barton (TX) Boustany Castle Johnson (GA) Petri Weiner Gohmert Maloney Ruppersberger Bean Boyd Castor (FL) Johnson (IL) Pingree (ME) Welch Gonzalez Manzullo Rush Becerra Brady (PA) Chaffetz Johnson, E. B. Platts Wexler Goodlatte Marchant Ryan (OH) Berkley Braley (IA) Chandler Jones Poe (TX) Whitfield Gordon (TN) Markey (CO) Ryan (WI) Berman Bright Childers Kagen Polis (CO) Wilson (OH) Granger Markey (MA) Salazar Berry Brown, Corrine Clarke Kanjorski Pomeroy Wittman

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10484 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 Wolf Wu Young (AK) contents and short titles, and the in- CONGRESS MUST COME TOGETHER Woolsey Yarmuth Young (FL) sertion of appropriate headings. (Mr. CAO asked and was given per- NAYS—78 The SPEAKER pro tempore. Is there mission to address the House for 1 Akin Fallin McCarthy (CA) objection to the request of the gen- minute.) Bachmann Flake McClintock tleman from Tennessee? Mr. CAO. Madam Speaker, I come be- Bachus Foxx McHenry There was no objection. Barrett (SC) Franks (AZ) McKeon fore the House today to express the Bartlett Gallegly Miller (FL) f views of a freshman Congressman Bishop (UT) Garrett (NJ) Miller, Gary whose knowledge and experience of the Blackburn Gohmert Myrick ANNOUNCEMENT BY THE SPEAKER workings of Capitol Hill have spanned Blunt Goodlatte Neugebauer PRO TEMPORE Brady (TX) Granger Nunes a little more than 3 months. Broun (GA) Hastings (WA) Olson The SPEAKER pro tempore. Pursu- While I am greatly honored to be a Brown (SC) Hensarling Paul Brown-Waite, Herger ant to clause 8 of rule XX, proceedings Member of this governing body and Pence Ginny Inglis will resume on the following motion to Pitts cherish the friendship and support I Burton (IN) Issa Price (GA) suspend the rules previously postponed. have received from my colleagues, I Buyer Jenkins Camp Johnson, Sam Radanovich f would like to use this forum to express Campbell Jordan (OH) Rohrabacher a concern: how we operate as a gov- Cantor King (IA) Royce NATIONAL REHABILITATION erning body. Carter Kline (MN) Ryan (WI) COUNSELORS APPRECIATION DAY Coble Lamborn Sensenbrenner Aristotle said, ‘‘Virtue is the mean Cole Lucas Sessions The SPEAKER pro tempore. The un- between two extremes.’’ This definition Conaway Lummis Shadegg finished business is the question on of virtuous state of character was ap- Culberson Lungren, Daniel Smith (NE) suspending the rules and agreeing to propriate over 2,000 years ago, and it Deal (GA) E. Sullivan Dreier Mack Thornberry the resolution, H. Res. 247. continues to be true today. Duncan Manzullo Westmoreland The Clerk read the title of the resolu- Virtuous character, properly exer- Ehlers Marchant Wilson (SC) tion. cised, is to react to circumstances in NOT VOTING—12 The SPEAKER pro tempore. The the appropriate way and to the appro- Boehner Jackson (IL) Reyes question is on the motion offered by priate degree. I believe that we, as Clyburn Linder Shimkus the gentleman from New York (Mr. Members of Congress, must govern Doyle Maffei Smith (TX) TONKO) that the House suspend the from a political spectrum that reso- Harper Moran (KS) Stark rules and agree to the resolution, H. nates the mean, and not the two ex- b 1422 Res. 247. tremes. Mr. RYAN of Wisconsin changed his The question was taken; and (two- What are these two extremes? Left- vote from ‘‘yea’’ to ‘‘nay.’’ thirds being in the affirmative) the wing liberalism, whose governing Mr. COFFMAN of Colorado changed rules were suspended and the resolu- stance simply focuses on the imme- his vote from ‘‘nay’’ to ‘‘yea.’’ tion was agreed to. diate, with little attention to moral So (two-thirds being in the affirma- A motion to reconsider was laid on implications and burdens on future tive) the rules were suspended and the the table. generations, and right-wing conserv- bill, as amended, was passed. f atism, whose rhetoric seeks to inflame The result of the vote was announced rather than inform. as above recorded. WATER RESOURCES IN AMERICA The future of America is too impor- A motion to reconsider was laid on (Ms. JACKSON-LEE of Texas asked tant for this body to be embattled and the table. and was given permission to address impeded by radical ideologies and po- litical maneuvering. f the House for 1 minute and to revise and extend her remarks.) The SPEAKER pro tempore (Ms. PRIVILEGED REPORT ON RESOLU- Ms. JACKSON-LEE of Texas. Madam FUDGE). The time of the gentleman has TION OF INQUIRY TO SEC- Speaker, today I rise to add my sup- expired. RETARY OF THE TREASURY port to H.R. 1145, the bill that we just Mr. GOHMERT. Madam Speaker, I Mr. FRANK of Massachusetts, from discussed on the floor of the House, rise to address the House for 1 minute. the Committee on Financial Services, that requires the President to establish The SPEAKER pro tempore. Without submitted a privileged report (Rept. an agency that addresses the question objection, the gentleman from Texas is No. 111–84) on the resolution (H. Res. of the increasing lack of water re- recognized for 1 minute. 251) directing the Secretary of the sources in the United States of Amer- There was no objection. Treasury to transmit to the House of ica. In the recognition of Earth Day Mr. GOHMERT. Thank you, Madam Representatives all information in his that occurred yesterday, where we are Speaker, and I would yield my minute possession relating to specific commu- looking to green our country and green to my friend from Louisiana. nications with American International this Earth, we also must ensure that Mr. CAO. Thank you very much. Group, Inc. (AIG), which was referred we have the water that is necessary for We must remember who we represent to the House Calendar and ordered to this Nation. as Members of Congress—the average be printed. I will introduce a water bill that will American whose language does not re- f also take into consideration the lack of flect the extremes, but who simply water around the world. I am also very asks, how will I pay my bills? How can AUTHORIZING THE CLERK TO much appreciative of the language in I raise my children to be successful and MAKE CORRECTIONS IN EN- the bill that looks at questions of areas moral citizens? And how can I worship GROSSMENT OF H.R. 1145, NA- that have had disasters, such as my and express freely my religious faith? TIONAL WATER RESEARCH AND area in Houston, and homes that have Our public policy today, depending DEVELOPMENT INITIATIVE ACT suffered from flooding, such as the on who is in power, tends to reflect a OF 2009 White Oak area in Houston. limited political agenda, which gets Mr. GORDON of Tennessee. Mr. This is a good step. We need an ex- the country in trouble in one manner Speaker, I ask unanimous consent that panded water bill to help all of the or another. While history is our men- the Clerk be authorized to make tech- world. And certainly we need to pay tor, we must look at the state of our nical corrections in the engrossment of tribute to the concept of greening this Nation today and address our shared H.R. 1145, including corrections in Earth and protecting this Earth—its problems through the cumulative spelling, punctuation, section and title water resources and its green re- knowledge we have acquired as we con- numbering, cross-referencing, con- sources—to make this a better place tinue to progress and evolve as a Na- forming amendments to the table of for all of us to live. tion.

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10485 Neither liberals nor conservatives SPECIAL ORDERS we must work to address the pressing can relive their past. We, as a gov- The SPEAKER pro tempore. Under immediate needs of all Afghanis. erning body, must use all of our knowl- the Speaker’s announced policy of Jan- Madam Speaker, the use of smart edge and tools that we have to address uary 6, 2009, and under a previous order power in the place of military force the problems of a dynamic and evolv- of the House, the following Members will send a clear message that the ing national or global society in the will be recognized for 5 minutes each. United States promotes diplomacy and appropriate way and to the appropriate humanitarian relief over war. f degree. This, of course, requires a deli- f THE WOMEN OF AFGHANISTAN cate balancing act where all Members THE BATTLE OF THE WILDERNESS of Congress are invited to the discus- The SPEAKER pro tempore. Under a VERSUS WAL-MART sion table—and not as liberals or con- previous order of the House, the gentle- The SPEAKER pro tempore. Under a servatives, but as problem solvers woman from California (Ms. WOOLSEY) there to address the human needs of is recognized for 5 minutes. previous order of the House, the gen- the average American. Ms. WOOLSEY. Madam Speaker, I tleman from Texas (Mr. POE) is recog- applaud the Obama administration for nized for 5 minutes. f Mr. POE of Texas. Madam Speaker, it focusing on the human face of our Af- does us well to remember our American ghanistan policy. Rather than going NATIONAL DAY OF SILENCE history. with a policy based on military might (Mr. FARR asked and was given per- Over 145 years ago, this country was alone, the administration is supporting mission to address the House for 1 engaged in a great Civil War, from the an expansion of the surge of diplomats, minute.) North and from the South. And during of development officials, of humani- Mr. FARR. Madam Speaker, I rise that war between the States, several tarian needs and experts. battles took place not far from this today in observance of National Day of The economic, political, and social Silence. Capital. One took place over in Orange needs are great in Afghanistan. A re- County, Virginia. It’s called the Battle Last Friday, April 17, marked the cent report released by Women for 13th annual National Day of Silence, a of the Wilderness. It had the sixth Women International found a ‘‘bleak highest number of casualties on both day where students throughout the and frightening picture for life’’ in Af- country follow in the footsteps of the sides during that conflict. ghanistan. According to reports, Just to put it in perspective, it oc- great civil rights advocates like Ma- Madam Speaker, 80 percent of Afghan hatma Gandhi and spend the day in curred on May 5 through May 7 in 1864, women are affected by domestic vio- 145 years ago. There were 160,000 troops civil disobedience. These students re- lence, over 60 percent of marriages are main silent for one day to bring atten- involved in that battle: 100,000 from the forced, and half of all girls are married North, 60,000 from the South. That’s tion to and highlight the discrimina- before the age of 16. Despite this focus tion some of their peers endure by the number of troops today we have in on the needs of women and girls in Af- all of Iraq and all of Afghanistan put speaking out about sexual orientation ghanistan, the situation remains grim. and their personal gender identity. together. During that 3-day battle, Like many women in conflict, the 29,000 casualties: 18,000 from the Union, When asked to explain why they will drive for security and stability remains participate in a National Day of Si- 8,000 from the Confederates. strong among the women in Afghani- The battle was so fierce, Madam lence, some of the young people in my stan. Despite the fact that Afghan Speaker, that in the wilderness, the district said, ‘‘We stand up and stand women are more likely to be impover- woods, where this battle took place out by not speaking out on that day.’’ ished, uneducated, and excluded from during those 3 days, it was so heated, The Day of Silence is a day to ac- health service than men, polls indicate literally, that the woods caught on fire knowledge the roads already traveled that Afghan women are optimistic and many soldiers from the North and and the ones soon to be traveled to about their future. Like women every- from the South that were wounded show how far we have come and how where, they want to play a role in deci- burned to death. Two of the States had much further we have to go. The Day sion making at every single level of so- the highest casualties, one in the of Silence brings attention to the op- ciety. North and one in the South. The high- pression that queer youth face from Through the recent poll by Women est in the North was from Vermont. their peers and their classroom, and is for Women International, the voice of The Vermonters sustained 78 percent a reminder that we still have much the Afghan woman can be heard. When casualties. In the South the Texas Bri- work to do. asked what the biggest problem is that gade sustained over 60 percent casual- I commend all my constituents who they face in daily life, the top response ties. On the first day of the battle, the observe the Day of Silence. Though the was lack of important commodities. Union troops were able to move the nationally observed Day of Silence has Again, it’s the basics, food and sup- Southern troops back. The second day passed this year, I would ask my col- plies, that Afghan women want for General Robert E. Lee sent the Texas leagues to take a moment of silence their families. When asked what the troops in the middle, and he said that today to reflect what we can do for our government should fix, they answered Texans always moved them. Be that as LGBT youth to make their lives better, security and peace first. When asked it may, the casualties were high on to make their schools safer, and to end what were the biggest health care and both sides. discrimination. education problems, women over- I bring this attention to the House f whelmingly pointed to insufficient re- today and to you, Madam Speaker, be- sources and funding. It’s clear that the cause all of these casualties, all of b 1430 mothers, Madam Speaker, in Afghani- these troops that engaged in that bat- stan want all that mothers want tle were Americans and we should not ADJOURNMENT TO MONDAY, around the world: to provide for the forget that. And that is why we have APRIL 27, 2009 basic needs of their families. They the Battle of the Wilderness battlefield Ms. WOOLSEY. Madam Speaker, I want their children to be well. They today. About 900,000 Americans a year ask unanimous consent that when the want their children to be well fed, well go to this battlefield in Orange County, House adjourns today, it adjourn to educated, and safe. Virginia. meet at 12:30 p.m. on Monday next for While I remain concerned about the But now we have a problem. The cor- morning-hour debate. increase in our military presence, I am poration called Wal-Mart wants to The SPEAKER pro tempore. Is there hopeful that the administration’s dip- build a Wal-Mart on this sacred, hal- objection to the request of the gentle- lomatic surge can help the people of lowed ground. woman from California? Afghanistan, particularly the women. I have a map of the Wilderness bat- There was no objection. Along with our international partners, tlefield. It’s outlined here. But you see

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10486 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 right up here in the northeastern por- cision to locate a new store near The Wilder- greatest time of need, the school pro- tion where this X is, that’s where Wal- ness battlefield in Virginia and urge your vided education and training for the Mart wants to profit from these 900,000 immediate reconsideration. U.S. Cadet Nurse Corps, giving brave people coming into Orange County While we may represent different political young women the skills they needed to parties and states on opposing sides of the every year. They have the legal right. Civil War, we stand united in our support of provide medical assistance to Amer- The county fathers have said they can respecting hallowed ground such as The Wil- ican and Allied troops in World War II. build in this location. But we would derness battlefield. The Wilderness, as well When the United States suffered a na- hope that Wal-Mart would change their as other battlegrounds throughout the tional shortage of nurses in the late mind. And I say ‘‘we’’ because Mr. United States, represents the great struggles 1960s, again St. Luke’s answered its Na- WELCH, the good man from Vermont, and sacrifices our soldiers made to defend tion’s call by hiring a recruitment di- and I have written Wal-Mart and we freedoms they cherished deeply enough to rector to actively work towards at- have asked them to do the right thing risk their lives. Four thousand men on both tracting qualified individuals to the and locate this Wal-Mart 3 miles away sides died and twenty thousand were wound- ed during this battle in the spring of 1864. nursing profession. from the battlefield. These lands and lands near them should al- St. Luke’s has consistently promoted Now, Madam Speaker, I’m not sure ways be spared from commercial develop- the virtues of selflessness and caring what Wal-Mart’s intentions are, but I ment. Further, the Civil War Sites Advisory for others. Year after year the School can tell you their corporate model Commission, formed by Congress to protect of Nursing provides training to nearly down in Texas. They build a Wal-Mart. the historical significance of our nation’s 100 nurses, a profession that is widely They build it from property line to Civil War sites, has defined your proposed needed yet often underappreciated. The property line. They lay that asphalt. land for development as part of The Wilder- hard work, dedication, and caring of They build one of those beautiful ness battlefield. There are countless other locations your nurses trained by St. Luke’s are a stores, and a few years later, they great asset to the high quality of care abandon that property and move down company could consider for a more respon- sibly sited development in this region. We enjoyed by patients in America’s hos- the road and build another Wal-Mart. I feel the definition of corporate responsibility pitals. don’t know if that’s their plan here or must always extend to respecting storied Madam Speaker, in closing, I would not, but be that as it may, they should lands and respecting a community’s natural like to extend my congratulations and not build this Wal-Mart in this loca- landscape and surroundings when choosing a heartfelt thanks to St. Luke’s as well tion. site for a store. Those values should not be as its tremendous faculty, staff, stu- We’ve written Wal-Mart. We have re- eroded for the sake of commercial gain. dents, and alumni that have carried on ceived no written response from them. We urge you to listen to feedback you’ve received from groups close to The Wilderness the school’s proud legacy. May St. Military historians from all over the Luke’s Hospital School of Nursing’s world have asked Wal-Mart don’t build battlefield and others who care deeply about keeping this nation’s history and lands pre- next 125 years be as benevolent and in- on this battlefield because that’s a part served and look elsewhere for development. spiring as the last. of American history. So far they con- We look forward to your response. f tinue to deal with this and say they’re Sincerely, going to. TED POE, b 1445 I support property rights. I support Member of Congress, NOBODY FAVORS HATE CRIMES the idea of a corporation making Texas. money. No question about it. They now PETER WELCH, The SPEAKER pro tempore. Under a have the legal right to move here. But Member of Congress, previous order of the House, the gen- now they need to make the American Vermont. tleman from Texas (Mr. GOHMERT) is decision to do what’s best for America f recognized for 5 minutes. Mr. GOHMERT. Madam Speaker, yes- and not what’s best for this corpora- RECOGNIZING ST. LUKE’S HOS- terday and today in the full Judiciary tion. PITAL SCHOOL OF NURSING ON Committee we have been taking up a Madam Speaker, this land, like other THE 125TH ANNIVERSARY OF ITS bill called, by most people, the hate battlefields in our country, is con- FOUNDING secrated with the blood of Americans; crimes act. It sounds like something 29,000. Many are still buried there and The SPEAKER pro tempore. Under a that everybody would be for. You known only to God. And we owe them previous order of the House, the gen- know, who favors hate? Nobody. Per- the right to keep this battlefield pre- tleman from Pennsylvania (Mr. DENT) haps the only kind of hate we should be served for history and not to have a is recognized for 5 minutes. in favor of is the hatred with which we corporation like Wal-Mart come in and Mr. DENT. Madam Speaker, I rise hate hate. But that’s not what it’s lay asphalt over their graves. today to recognize St. Luke’s Hospital about. It is about creating new law, So we are asking Wal-Mart to do the School of Nursing on the auspicious oc- new crimes that are duplicates of right thing. Put your Wal-Mart some- casion of the 125th anniversary of its what’s in every State in the Union. where else, 3 miles down the road, so founding. For well over a century, St. Now, there are 45 States that already that this battlefield can be preserved Luke’s has provided hands-on, quality have hate crimes bills, but even there, for American history. training to professionals entering the most are unnecessary. The case that Madam Speaker, I will include in the world of medicine. you often hear that is a reason we need RECORD a letter that Congressman On October 17, 1884, St. Luke’s Hos- hate crimes is the James Byrd case, PETER WELCH from Vermont and I have pital School of Nursing opened its where this poor gentleman, African- sent to Wal-Mart. doors to its first class of individuals American, was dragged to death. Madam Speaker, it is our hope and eager and dedicated to caring for the Now, I would be in favor of allowing our desire that we as Americans pre- wellness of others. At the time when the victim’s family to pick the terrain serve the heritage of this country, save the school was founded, only a handful and the manner of dragging the defend- this sacred land, and have corporations of similar institutions existed in the ants once they are convicted, but do the right thing, not only don’t build United States, placing St. Luke’s at that’s not allowed. The death penalty here but maybe donate some of their the cutting edge of health care train- amendment was even voted down. corporate money to save this land. ing. As the country’s oldest hospital- So there’s no enhancements, nothing And that’s just the way it is. based school of nursing in continuous that would affect the poster cases that WASHINGTON, DC, February 25, 2009. operation, St. Luke’s continues a well- are constantly raised as a reason to MICHAEL T. DUKE, established tradition of excellence that have the hate crime laws. And, in fact, President and Chief Executive Officer, Wal- began 125 years ago. when we hear over and over there’s Mart Stores, Inc., 702 SW 8th Street, Bentonville, AR. The impact that St. Luke’s Hospital these epidemics of hate crimes that we DEAR MR. DUKE: We write to you with pro- School of Nursing has had on American have to stop, actually, there were near- found disappointment in your company’s de- life is pronounced. During America’s ly a million assaults in America in

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10487 2007; 242 assaults included some kind of condemns homosexuality, because nicate. It’s very important that we bodily injury in which there was some under this bill if a minister, a rabbi, stay in touch and that this is The Pro- motive attributed to bias or hatred be- imam quotes from those scriptures and gressive Message. cause of a selected group, 242. says homosexuality is an aberration— Tonight, you are right, the subject is Again, there was a killing of a poor or whatever language they use, that it clean energy jobs and our Earth. Let’s young man named Nicholas West, is wrong, it hurts society—and some start out with just a few basics. killed because he was a homosexual. nut hears them and goes out, commits The progressive energy policy, global His perpetrators were not charged a crime of violence, then under 18 climate change and green jobs, has to under a hate crimes law, they were U.S.C. (2)(a) they could be arrested, be made up of a few essential compo- charged under a capital murder law for charged as a principal. nents. The fact is that U.S. energy pol- kidnapping. And they have already got This was a bad bill, and it was a bad icy is everyone’s business. the death penalty, just like the worst day for the law. U.S. energy policy touches nearly two perpetrators in James Byrd’s situ- f every aspect of American life, our ation. So what is this about? Well, per- homes, our natural environment and, THE PROGRESSIVE MESSAGE haps it’s about trying to create a spe- most importantly, our economy and cial class of protected people who The SPEAKER pro tempore. Under the Earth itself. maybe shouldn’t have protection. the Speaker’s announced policy of Jan- Last year Americans spent $400 bil- One of the last amendments we made uary 6, 2009, the gentleman from Min- lion buying oil outside of the United today was going to—at least in this nesota (Mr. ELLISON) is recognized for States. This is a tremendous expendi- definition the term ‘‘sexual orienta- 60 minutes as the designee of the ma- ture on our economy and sends dollars tion’’ is included. We kept trying to jority leader. outside of our economy. And that confine it to things that were not just Mr. ELLISON. I am here with the means that last year American fami- an aberration, and even the amend- Progressive Caucus, that caucus that lies spent about $3,000 apiece on fossil ment to at least exclude pedophiles brings to the people of the United fuels that contribute to the disastrous from the protected class was voted States every week a progressive vision changes in our global climate. down on a strict party line. for America. I think it’s important to point out Every Democrat there voted to pro- I am very honored to be joined by our that we are here now, we are approach- tect pedophiles and every Republican Chair tonight, the only one who con- ing the first 100 days of the new admin- voted to exclude them, at least, from tinues to fight week in week out every istration. Haven’t been here long, but the definition of sexual orientation. We day for peace in our world who has the we have been here strong. There is no were told, well, there is a definition in longest running record of 5-minute doubt that energy policy will be a one of the other laws about sexual ori- speeches for peace, LYNN WOOLSEY. major component of the next 2 years, entation, and it confined it to hetero- Let me yield to the gentlelady for a and it’s critical to point out that the sexuality and homosexuality. welcome this evening. Democratic Caucus and the Progressive It’s not in this law. It’s not there. Ms. WOOLSEY. Thank you, Mr. ELLI- Caucus are here to lead the way on this There is no reference to another law. SON, for your great leadership on The discussion. So as a former appellate judge I would Progressive Message, which is the mes- I would like to stay positive, but we be left in reviewing the law to say well, sage of average, normal American peo- have to make sure that we have a good what is the plain meaning? You can ple, and we know it. And we are proud record, and the record requires that we consider other definitions. to speak it, because there is nothing revisit some of the things that have Well, some judge will do the right like the issues that we stand for with been proposed over the last 8 years thing that a judge is supposed to do the Progressive Caucus, our progres- that have not been so good. and say, hmm, sexual orientation, it sive promise, that hits home to the One, the Republican plan has not means what it says. It’s however you American people like what we are been a good plan. This plan, people con- are oriented sexually. If that’s towards promising to work on. tend, that efforts to curb greenhouse child—and the diagnostics statistics Tonight, we are going to talk about gas emissions are perilous and will manual has about 30 different types of our Earth, I believe. Thank you for cause undue hardship for Americans in sexual orientation. So that includes bringing that to us. the midst of a recession. The fact is if voyeurism, it includes the pedophilia, But also thank you for recognizing we don’t do something about this glob- it includes things like exhibitionism. It my, I believe, 309 5-minute speeches on al crisis, greenhouse gas emissions, we includes necrophilia for corpses and all the floor regarding Iraq and peace in are all going to be in much more trou- these horrible things. general, and Afghanistan, now that we ble than we are right now. But even under this law, since exhibi- are looking like we don’t know when Right now, in fact, is a good time to tionists are not excluded—and I have we are going to get out of there. deal with the crisis in our economy. had women tell me they have had peo- We can talk about saving the Earth, It’s a chance to rebuild, it’s a chance to ple flash themselves, men flash them- but if we destroy it with war, then we strengthen, it’s a time to invest in in- selves, and they immediately reacted won’t have an Earth to save. So thank frastructure. and hit them with a purse. you for doing this tonight. I think, Chairwoman WOOLSEY, it’s Under that scenario, under this law, Mr. ELLISON. Thank you. Let me just a good time to point out that it the exhibitionist committed a mis- just say that you are right. And I do was during the Civil War that Abraham demeanor and the woman that hit him want to commend you, I don’t know if Lincoln made the decision we are going with her purse committed a new Fed- anyone has a longer running number of to have a railroad span the United eral felony under the hate crimes law. 5-minute speeches on any issue than States. It was during the 1930s, the De- That is absurd. We don’t need this you do, so I am proud to know that the pression, that we saw rural electrifica- law. There is no reason for it. We even longest-running series of 5-minute tion be a major commitment of the tried to include in here specifically the speeches is on the subject of peace, is United States Government under kinds of churches that were invaded on the subject of Iraq, and is by a dedi- Franklin Delano Roosevelt. It was and attacked for supporting the Cali- cated and progressive leader such as under Eisenhower, a recession, where fornia marriage amendment, and that yourself. we talked about the interstate highway was voted down on a straight party Madam Speaker, we want to welcome system that we now enjoy today. line. There should be no special classes. folks to The Progressive Message and In fact, at times like this, it’s no And the other thing here that would let people know that they can always time to shrink, no time to be afraid, silence Christian ministers and eventu- plug into the Progressive Caucus. The but it’s a time to be bold. Let’s not go ally rabbis or imams from quoting the e-mail address is cpc.grijalva.house.gov for any naysayers or fearmongers; let’s Bible, the Tanach or Koran where it where people, I hope, will commu- move forward.

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10488 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 Is this a time to be bold, is this a Mr. ELLISON. I thank the gentlelady ration of Earth Day talking about time to shrink and be afraid, or is it a for that important recognition. In fact, fighting pollution; we are talking time to be bold and grab on to a new it is our appreciation and gratitude for about enhancing our world, our green energy policy? this beautiful Earth that we live on planet, the only one we have, by the Ms. WOOLSEY. Well, first of all, that drives our dedication. We are not way. And, again, as you know very Madam Speaker, thank you for being really here from the Progressive Cau- well, the gentlelady from California here with us tonight also. We honor cus talking about what we are against. knows, our Chair of the Progressive you. We are talking about what we are for. Caucus, if we acidify our oceans and if You know, as cochair of the congres- And we are for a clean Earth, in which we overheat our planet, the planet will sional Progressive Caucus with RA´ UL everyone can breathe, can drink, can still continue to exist. We just won’t be GRIJALVA, it’s really an honor to be live and enjoy this wonderful planet able to live on it. So that is very im- here and represent the Progressive that we have, and not just human portant to point out. Caucus and people of this country and beings, but all creation. I think it is I think the Progressive plan, and I the people of my district. very important that you set us on the want to hand it back to the gentlelady And we are doing this right now be- right trajectory for that. right now, is to talk about the impor- cause it’s Earth Day—yesterday was I think as we are looking back and tance of a progressive vision for energy Earth Day, I believe, but we couldn’t remembering this 29th anniversary of policy. I would ask the gentlelady from do this yesterday. Earth Day, it is important to remem- California, do you believe we need a So before we get into the question ber that the course of action we have progressive vision for a progressive en- you asked me, Congressman, let’s talk been following has not been one that ergy policy? about Earth Day and how it happened. has been helpful. In fact, it has brought Ms. WOOLSEY. Well, we need noth- I think it’s good for people to remem- us to a very difficult situation. ing less than a progressive vision. We ber that Earth Day is a day designed to We have seen the energy plan over need to be bold. You asked me that a promote awareness and foster apprecia- the last 8 years essentially be made up little bit earlier. And there is no tip- tion for our environment. of tax breaks for oil companies. ‘‘Drill, toeing around this. b 1500 drill, drill,’’ remember that one? I have been on the House Science Now, yesterday, yes, that is right, it Ms. WOOLSEY. I remember that one. Committee since I was elected in 1992, was yesterday, it was the 29th anniver- Mr. ELLISON. Yes, you had better sworn in in 1993. I am on the Energy sary of the very first celebration. That believe we heard that one, which re- Subcommittee. And in my time here celebration was determined, and over sulted in more pollution which tax- we have never had a hearing with sci- the 29 years we have recognized on payers have to clean up, and no funda- entists that say global warming does Earth Day something that we should mental investment in a green energy not exist, that it is a dream, that it is be recognizing every single day and economy like the investment we have a myth. Good science has proven where every minute of our lives, that we have been talking about, the investment in we are today. a need for a healthy environment and an Earth Day to commemorate and re- Scientists have been so careful, be- we have to work to protect it. It won’t dedicate our commitment, the invest- cause that is who they are. They have happen on its own because we are ment in our economy over the cen- to prove their point before they come working very hard, it appears, to de- turies, as progressive leaders like Lin- out and say science says global warm- stroy our environment. So we have a coln and FDR made those important ing is something we have to deal with lot of work to do. investments I referred to a moment or else, and we have got this much So, let’s talk about what are the ago. There has been no investment in a more time and we need to take these roots of Earth Day itself. Although the green energy economy, that will lessen kinds of actions. specific day was set by former U.S. our dependence on oil and reduce glob- Mr. ELLISON. If the gentlelady will Senator Gaylord Nelson of Wisconsin, al climate change, and, perhaps most yield for a question, you have a lot of his motivation came from the horrific importantly, create jobs. experience in Congress. You have been oil spill that engulfed Santa Barbara You know, Earth Day, Earth Day is a here for a little while, right? and the California coast in 1969. That wonderful time to have this conversa- Ms. WOOLSEY. This is my ninth was such a horrible experience for all tion about American clean energy jobs, term. of us in California. Earth Day is the because Earth Day is not simply about Mr. ELLISON. Ninth term, that perfect time, and he knew it, to high- fighting pollution. It is also about en- means 18 years. In all the time you light that event and to work to ensure hancing our natural world and our ex- have been here on this committee, have that oil spills never happened again. Of istence in it. It is about development you ever heard any credible scientist course, over 29 years there have been along the lines that are smart and say that global warming does not exist other oil spills, but he was so sincere green, clean and renewable. We can do or that human beings are not contrib- that he put Earth Day together to em- both. uting to global warming? Have you phasize no more oil spills. I will say that I do appreciate some ever heard anything like that? So many in our country who don’t of our Republican colleagues, and I re- Ms. WOOLSEY. Never. Never. I have have a strong connection to Santa Bar- spect them all and enjoy them a lot, heard Members on the other side of the bara oil knew how important it was to but I think it is important to point out aisle on the Science Committee saying California, and they come to our dis- that their vision was on display on that global warming is a myth and tricts and they learn over and over ‘‘Sunday Morning Talk’’ when one of pooh-poohing it. It is just something again what a disaster like that will do. the Republican leaders said that he dis- that makes no sense to me, because it And it could happen in their areas too. missed as ‘‘almost comical’’ the idea is real, and if we don’t do something It could happen on the Great Lakes. It that carbon dioxide is a carcinogen and about it soon, the effects are going to certainly could happen on the Atlantic that it is harmful to our environment. be irreversible, and we know that. coast, down in the Gulf of Florida. The proof and evidence was that, you Now, here in Congress we get elected So everybody pays attention, par- know, that carbon dioxide must be safe every 2 years. Well, we are not going to ticularly to the oceans. But there is because humans exhale it and cows de- fix this in 2 years, but we had better more to Earth Day than our oceans. It posit it. That is not a definition of start fixing it for our grandchildren. I is our air, it is our water, it is our whether it is a carcinogen or a harmful have five grandchildren, the oldest is 9 trees, and Earth Day has become the substance. Of course, we do have a and the youngest is 2. basis for what we know we must be science gap, and we can do an hour on I have four children, and three fami- doing to solve global warming. that. lies have children. So one night one of But happy birthday Earth Day yes- But I think it is important to point the families and I were having dinner terday. out that we are not only in commemo- and we were talking about global

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10489 warming, and my grandson, then I be- heating of our planet. They have wid- things are things that we think of as a lieve he was 8, he might have been 7, ened tax loopholes for polluting indus- sacrifice but really are not. just about came across the table. My tries and they have made minimal ad- If we shut off the television, you grandkids call me ‘‘Amah,’’ and he vances in new, clean energy tech- know, we might talk to each other and said, ‘‘Amah,’’ his eyes were this big, niques. get to know each other a little bit bet- ‘‘do you know about the polar bears?’’ Madam Speaker, the will of the ter. If we just pull the plugs out when And we had a total conversation about American public is being represented we leave the house, we can get rid of what was happening up in Greenland. in Congress and the White House now, that ghost energy drain that steals en- Since then I have been to Greenland. and we need the American people to ergy when we’re not even using these I have seen the ice melt. It is not continue to demand responsible energy appliances. healthy. I have been to the South Pole. policy, climate change policy that cre- So these are just changes that you’re I have seen the shift at the South Pole ates jobs and cannot be outsourced. As speaking of that will definitely en- of the science stations, the ones that the gentlelady from California, LYNN hance our quality of life. are built out of ice. They shift every WOOLSEY, was just talking about, But I want to mention that we have year, and they are shifting at greater somebody will come up with the great a bill called the American Clean En- speeds. I have seen the penguins that ideas to green our world. Will they be ergy and Security Act which does do are having a hard time getting from here? Only if we make the proper in- some very important things. It creates their ice blocks back to land so that vestments. Only if we become innova- jobs that cannot be shipped overseas. It they can feed and breed. It is hap- tive and maintain our position as inno- reduces our dependence on foreign oil, pening, and we cannot deny it. Not just vator. increases production of clean and re- for us, because we are stupid if we I yield back to the gentlelady. newable energy sources, cracks down don’t do it, but for your children and Ms. WOOLSEY. Well, you know, I on heavy polluters, and gives American for my grandchildren. Hopefully, their have to confess that I have lived a very entrepreneurs and innovators, as you children will have a nice, clean, safe privileged life as I raised my four kids mentioned your role on the Science world to live in. in a nice home. It wasn’t a palace or a Committee, what they need to stay So do we have to be bold? Does it mansion or anything, but it was nice. competitive in the global economy. need to be progressive? Yes. And I We were always warm and we had win- The fact is that this bill, this ACES don’t mean progressive that it is our dows open and we had a sprinkler sys- bill, invests in American jobs, reduces way or no way. I mean progressive in tem in my yard. our dependency on foreign oil and does that we are not afraid to do the right I feel like I have been part of the a lot of important things that we need, thing. We are not afraid to fight. So problem. I know I have. We eat meat, as Americans. And so I’m thinking that we if we have cap-and-trade, we which uses up so much of our good that, you know, it’s important that also ensure that we have benefits for Earth and our air, and we will probably citizens, individuals like you and I, do the people that are going to be paying keep doing a lot of that. But as individ- better. But it’s also important that the for this in the long run, and that we re- uals, as humans, we have to change the Congress take action. Individual citi- invest in alternative energies, that we way we live and we have to be willing zens, pull those plugs out, walk, do know that we have an industry, a green to invest. And I believe, and we are not things, do more walking, riding your industry that must be the new industry supposed to use the word, but we have bike, doing things like that. But also, for the United States of America. Be- to get a little accustomed to some sac- we have, as a Congress, a societal re- cause if we don’t take advantage of the rifice. We need to decide whether we sponsibility that we cannot just rel- needs, world needs, that it is going to need grass or we need landscaping that egate to the individual citizen. In fact, be our science, it is going to be our en- survives on little or no water. We have government often will signal better be- gineers, it is going to be our techni- to make these decisions ourselves. havior and more green and renewable cians that come up with the solutions, And I don’t think we should all have and Earth-friendly behavior that citi- if we let the jobs to put all this to- to get incentives to do this. I think zens can partake of. gether go overseas, what a mistake we that the incentives need to go to indus- So I yield back to the gentlelady. will be making, because we will buy try so they will build the big products, Ms. WOOLSEY. Actually, one of the this stuff, because we are going to so they will build the solar systems, things, under JIM OBERSTAR’s leader- make our world cleaner. the wind systems. In our district, we ship, he is the Chair of the Transpor- Mr. ELLISON. Well, if the gentlelady have geothermal, and we need to help tation Authorization Committee, under will yield back, let me say that part of in all those areas. his tutelage, we have invested a lot in the progressive vision is to implement So as individuals some sacrifice will nonmotorized transportation, because provisions of a renewable electricity come along. Mostly that sacrifice will it’s hard to ask the children to walk to standard which will create over 300,000 be changing the way we do things. school when their roadways are full of jobs, implement an energy efficient re- That is hard. Nobody likes to change. cars and there are no sidewalks. It’s source standard so we can get energy But we change now, or it will be too hard to ask people to ride bicycles savings to create over 222,000 new jobs late. when there are no safe bicycle paths. by 2020. By cutting waste, we save Mr. ELLISON. Well, I would point Actually, Marin County, in my dis- money. The renewable electricity out though that the sacrifices that you trict, is one of the model programs in standard alone will result in nearly are referring to are not always just giv- his program, and it’s certainly proving $100 billion in savings for consumers ing up something. Sometimes these itself out. You know, California gets a and businesses by 2030. Efficiency sav- sacrifices involve getting something. lot of criticism because we use a lot of ings, the energy efficiency resource For example, let’s just say if you energy. But, you know, per capita we standard will result in nearly $170 bil- were to get out of that habit of driving use less than any other State in the lion in utility bill savings by 2020. three blocks to the grocery store, you country, and that’s because we actu- Opponents of that change that Amer- might view that as a sacrifice, but you ally get conservation and we live con- icans are demanding are not going to will save money on gas and you will re- servation. We actually, in most areas, be the ones who are remembered fi- duce your waistline. walk our talk in that regard. nally by history. The ones who oppose Now, the Progressive Caucus is abso- efficiency and renewable energy, these b 1515 lutely ready to fully participate in this are the same folks who are in danger of If you ride a bike to work, and we debate about good ideas so that we can directing U.S. energy policy. They have promote, as Congress, if we promote ensure any change in the way we treat ignored global climate change, as you nonmotorized transportation, this will carbon will be done to maximize the and I have talked about. They have ig- reduce our obesity, increase our green benefits to the environment, minimize nored acidification of the ocean, over- and renewable program. Some of these the impact on our constituents, and

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10490 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 transform our economy with new en- and vehicles more efficient, and pro- utility bills can come down, and other ergy technologies. Our feet are on the tect consumers. In his inaugural ad- programs will be made in effect so that ground. We’re ready to go. But what we dress, he said we will harness the sun we are investing in our future, not our are going to want is bold decisions and and the wind and the soil to fuel our past. bold resources and bold support so that cars and our factories. Mr. ELLISON. That’s an excellent we aren’t tiptoeing along and pre- We believe that this is the right di- word, Congresswoman WOOLSEY. You tending it isn’t happening. We’re going rection. Although the Progressive Cau- again have been a great champion of a to work with the Obama administra- cus will not simply adopt or parrot any progressive message. You have been tion. We’re going to work with our policy, we will put forth a progressive talking about a progressive promise. leadership, and we are going to work policy and argue for those changes as You’ve been talking about a progres- with both sides of the aisle to ensure the energy policy moves forward. We sive message. You have been lifting up that what we’re talking about is real will be part of this conversation, fully the banner of progressive politics in and doable and supported. participating in it, and ask that mem- this Congress, and we all want to thank Mr. ELLISON. Well, that’s very im- bers of the public and the progressive you for your tremendous leadership, portant. And I want to thank you for community stand up and come forward not to mention your 309 consecutive those observations. The Progressive to be part of this important energy pol- speeches in favor of peace. Caucus needs good ideas, too. We are icy. Tonight we’ve been talking about being fully engaged in this energy de- So, before we wrap up, I just want to American clean energy and jobs. This bate that’s going on. We are not offer our co-chair an opportunity to is the symbol of a windmill. We can shrinking from this debate at all. And comment on our subject tonight. And harness the wind and the sun. We can if people want to offer some advice, after that we’ll conclude. harness the natural world to live in there is a Web site that we have, and Ms. WOOLSEY. First of all, I want to harmony with the planet, not simply folks can give us their views, thank you, Congressman ELLISON, for use it and exploit it like so much of an endless commodity, but to truly use it cpc.grijalva.gov—GRIJALVA is the name these really informative Congressional of our other co-chair—because we do Progressive Caucus dialogues that you in a way that will allow humanity to want to have people say here’s what have hosted every week ever since we live in harmony with the natural world you should do. came back into Congress this session. and to create jobs and to make our One of the things that it means to be I want to say something about cap- needs met. We talked about, tonight, the need progressive is to be open-minded and and-trade, just so that those who are for individuals to do things; is that try to gather in ideas from all places, listening to us know how, what we right, Congresswoman WOOLSEY? Indi- to be grassroots, to gather in views and think it means. And you said it. We al- viduals should step forward. We do opinions from multiple sources. We ready have cap-and-trade in this coun- need to walk, not necessarily ride. We don’t claim a monopoly on good ideas, try. Not with carbon, but with ‘‘NO X do need to promote transit. We do need but we do have values that we uphold and SO ,’’ which is better known as the x to promote smart growth, livable com- here of a progressive type. pollutants that cause acid rain. It’s munities. We need to do all these I want to just say, as we prepare to, been happening since 1990. And guess things. We should try to get a hybrid in the next 5 to 7 minutes, hand it over what? It works. car, or not even take a car. Just walk to our Republican colleagues, that it’s So therefore, to explain the cap, it or use nonmotorized transportation. important that we do debunk a few means we set a limit on the amount of We should pull out those plugs that we carbon that large producers can put myths, though. I mean, I’ve heard it just leave sitting in the wall all day into the atmosphere. Then, over time, said that the progressive support of when we’re not even at home. cap-and-trade, isn’t that just an energy we reduce that number so people are But it is also on the responsibility of tax? Well, we believe that it’s not. allowed to produce less and less carbon government to take decisive action, to First off, the Democratic plan is to until we get the reductions we need to make the investments that we need in repower America with clean energy and avoid devastating climate change. those bike paths, to promote a cap-and- jobs. As for capping global warming The trade part means that the gov- trade system that surely reduces our pollution, the Democratic plan is sim- ernment issues credits for carbon carbon footprint and takes the pro- ple. It makes polluters pay, and helps emitters under the previously estab- ceeds from those programs and puts green companies prosper so they can lished cap. I know that’s complicated, them back into renewable energy and hire more workers. It’s time that the but it’ll be easier to understand when helps ameliorate the cost to low-in- American solution we put in place to it all gets laid out in front of people. come individuals of meeting this im- successfully fight acid rain in 1990, These credits can then be bought, sold portant task. after which time electricity rates fell and traded, which means this operates We need to do these things. We need 10 percent and the U.S. economy added under a free market system. to have a bold, committed program 16 million new jobs. It’s important to Now, frankly, I’m just absolutely which gets the carbon footprint much, point out that the acid rain solution confused why so many Republicans are much lower so we can live on this plan- had bipartisan support and was signed upset about a system that works on the et. by the first President Bush. principles of the free market. But I But finally, we need to remember It’s true also—I mean, another at- think once all of that is debunked, peo- that, in honor of Earth Day, that this tack item. Won’t Democrats’ energy ple will be able to better embrace it, Earth is something that we come from, tax raise electricity rates even though particularly if we have some benefits, not something that we are here to ex- President Obama said cap-and-trade cap trade and dividends that come back ploit. Even from a religious standpoint, will make energy prices increase? to individuals and to industry and en- we are the trustees of this Earth and Saving consumers money is not a sure that the cost of it is a benefit to have a responsibility to take good care tax. Saving business money is not a the people who are paying those costs, of it. And I want to commend all those tax. Sending $400 billion a year abroad, because big industry is not going to be congregations, Congregations Caring now, that is the kind of tax that we do the only one that pays for it. I mean, for Creation, other groups like that want to avoid and help the American they’re benefiting from what they’re doing good work, citizens out there people not have to pay. producing. We are too, but they are. doing good work, people concerned The Democratic plan declares energy But it’s going to cost everybody more. about the environmental justice as- independence and puts America on a It just does. That’s all there is to it, so pects of this question of energy policy, path to economic recovery. President they want to see some benefit from it. making sure that low-income commu- Obama spoke of transitioning to a And so let’s work on this together. nities, communities of color, are in the clean energy economy that will create Let’s make sure that the investment in middle of this fight for this clean re- jobs, make our homes and buildings clean technology helps all people; that newable world that we’re coming into

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10491 and are participating fully. Not green portant as we find ourselves in Amer- Skeptical Environmentalist.’’ In that for some, green for all, right? ica competing with other countries book, he went into great detail about And so, with that, we just want to around the world. In America, we hap- the flaws in the models that are being thank everybody. Here’s our Web site. pen to be very fortunate in that we used to project future climate change. We want to know what you think. We have a 250-year supply of coal. It’s our I point that out because I’ve heard care about your opinion. Check back most abundant resource. By the way, many times that the scientific evi- with us next week at the Congressional not only is it our most abundant re- dence is indisputable and that it can- Progressive Caucus, the progressive source, but it is also the most economi- not be contradicted. I would like the message, hear about the progressive cal way to produce electricity. American people to know that I’ve sat promise, and give us your ideas. In my home State of Kentucky, for in on many hearings on this issue, and I’ve heard scientists disagree on this f example, 90 percent of all of the elec- tricity produced in Kentucky is pro- issue, but the important thing is we b 1530 duced with coal, and that’s why, in need to debate it. The American people Kentucky, we have some of the lowest will finally make their decision about PRESIDENT OBAMA’S ENERGY it. They make those decisions in elec- PLAN electrical rates in the world—between 4 and 5 cents per kilowatt hour. In Cali- tions, and they vote for whomever they The SPEAKER pro tempore. Under fornia, Massachusetts and in other want to vote, and they listen to the ar- the Speaker’s announced policy of Jan- States where they don’t really favor guments, and they decide what they uary 6, 2009, the gentleman from Ken- the use of coal, they’re paying in the think is in their best interest. That’s tucky (Mr. WHITFIELD) is recognized for neighborhood of 14 cents and 15 cents the way it should be, but I want to get 60 minutes as the designee of the mi- per kilowatt hour. Now, we recognize— back to coal for just a minute. nority leader. and it goes without saying—that coal In this energy bill that’s being con- Mr. WHITFIELD. Thank you, Madam is a fuel that produces carbon dioxide sidered in the U.S. Congress today, one Speaker. and other emissions, and we know that big part of that is called cap-and-trade, Yesterday was Earth Day, and people climate change is one of the most im- and it plays a prominent part also in around this country and around the portant issues facing America today. President Obama’s budget because, in world celebrated this great planet that One of the great things about our de- his budget, he indicated that he antici- we live on, and all of us, whether we’re mocracy is we can sit around, and we pates revenue from cap-and-trade in Democrats, Republicans or Independ- can have debates about the issues. I the amount of about $657 billion over 10 ents, are committed to protecting this think it’s important for the American years from selling permits to entities climate for the well-being of future people to hear those debates because, so that they can emit carbon dioxide. generations. as we discuss the emissions of carbon Now, I think it’s also important to remember that when Peter Orszag, the I think most of us would also agree dioxide, we oftentimes listen to the chairman of the Office of Management that one of the major issues facing the United Nations International Climate and Budget in the Obama White House, entire world today relates to the Change Panel. That is the scientific testified before Congress, he said that strength of the world’s economy and group that does the most studies and that figure may very well be conserv- the loss of jobs that is taking place that does projections about global ative, that it could be twice or maybe around the world. We know that, right warming. They use complicated models three times that amount. So it could here in America, our unemployment to predict what the future will hold, be anywhere from $657 billion to $1.7 rate is up to about 8.6 percent at this and they do core drillings in the ice trillion in cost to implement cap-and- time. Last month, it was about 8.1 per- panels of the North and South Poles to trade, and of course, cap-and-trade is cent. In my home State of Kentucky, determine how the weather has been in we have some counties with unemploy- designed to have people pay for emit- the last thousands of years. We know ting carbon dioxide into the atmos- ment of about 15 percent; and I under- that there are patterns of heating and stand that in the State of Michigan, phere. warming and heating and warming. Now, when people pay that much where we’ve had the automobile dif- One thing that I would like to point money to do it, every witness that I’ve ficulties, the unemployment rate in out this evening, because we’ve heard a heard—and everyone would almost that State is around 15 percent. So as lot about global warming—and we have agree—has said that electricity rates we talk about strengthening the econ- had extensive hearings on energy and are going to go up, and maybe that’s omy, the two most important policies on global warming and on climate not all bad, because we know that if relating to that are tax policy, number change. One thing that I would point we’re going to have a cleaner environ- one, and energy policy, number two. out to you is that everyone says em- ment, we’re going to have to pay more. It has already been pointed out today phatically that the models cannot pre- Just on the cap-and-trade aspect of by many people that the U.S. Congress dict with any accuracy what the tem- this which relates specifically to coal, I is in the process of considering a com- perature is going to be anywhere in the would like to remind everyone that the prehensive energy bill that would bring world 100 years from now. Witnesses European Union initiated a cap-and- about dramatic changes in the way have also been very clear in their testi- trade system 4 or 5 years ago. I may America produces energy. Now, when mony that, when the United Nations not be exactly right on that. Maybe it we talk about energy, of course there International Climate Change Panel was 3 or 4 years ago or 4 or 5 years ago. are two aspects of it. issues a press release from the review Last year, they acknowledged that Number one, we’re talking about: of their models that they’re predicting they had more carbon dioxide emis- How do we fuel our transportation on particular issues, they formally sions than they’d had before they im- needs? Everyone knows that we do im- take the worst case scenario, and that plemented cap-and-trade. Now, to be port a lot of foreign oil, because we’re is what’s released to the international fair, they indicated also when they tes- consuming about 22 million barrels of news media. So when we read stories in tified before the Congress that they oil a day, and we’re not producing that the international news media, there think that they have fixed that prob- much oil in America. Worldwide, we’re seems to be a tendency to scare people lem and that they feel more confident consuming about 85 million barrels of about what’s going on with global as they move forward; but this cap- oil a day. By the way, that’s about warming. I think it’s important that and-trade system is a prominent part what the total production of oil is we recognize that. in the Obama energy plan that is now worldwide, around 85 million barrels of One of the leading environmentalists, before the United States Congress. oil a day. So that’s one aspect of this who was called ‘‘Mr. Green’’ at one There’s another aspect of it that both- energy issue. time in Europe, is a fellow named ers me. A second part of it is: How do you Bjorn Lomborg. He is a respected sci- If you’ll recall, I talked about one of produce electricity? That’s vitally im- entist, and he wrote a book called ‘‘The the major problems facing all of us

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10492 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 today, which is the economy—trying to renewable. When I’m talking about re- empirical data, hard-core facts of what restore jobs, getting people back to newable, there are all sorts of renew- has happened, you come up with some work, getting those stock values back able—there’s biomass, ethanol, all interesting conclusions. up in their pension plans and retire- sorts of things—but I’m talking pri- Now, I have talked about Spain, and ment plans. In order to do that, Amer- marily here about wind power and there is a gentleman in Spain named ica has to be competitive with other solar because that plays a prominent Gabriel Alvarez. He’s a Ph.D. and he’s countries. They have to be able to role in the renewable mandate being at the University of Juan Carlos in produce products at a competitive proposed in the energy bill that’s now Spain. price that will sell all around the before the Congress. He did a research project, and it’s world. What’s one of the biggest com- The energy bill says that by the year about 45 pages. It’s right here. And he petitors of America today? To what 2025—it’s either 2020 or 2025—they want particularly looked at this issue of cre- country have we lost a lot of jobs over 20 percent of all electricity to be pro- ating new jobs with green technology. the last 3, 4, 5 years? That country is duced by renewable energy. In fact, And he came up with a conclusion that China. When we’ve met with the Chi- when President Obama was in Europe he goes into great detail about that for nese, they’ve pointed out, and they’ve recently—he’s such a great speaker and every one job created by green tech- been very proud of the fact that they inspiring fellow—he got up, and he nology, Spain lost 2.2 jobs in tradi- are bringing on line a new coal-powered talked specifically about a number of tional industries. Now, is that the kind plant to produce electricity, a new one countries. One of the countries he of tradeoff that America wants? Yeah. every 2 weeks. Now, it’s hard to imag- talked about was Spain. He said Spain We would like to create green jobs, but ine that they would be building that has been so effective in increasing its we don’t want to do it if we lose other many new coal-powered plants. By the production of electricity with renew- jobs. And that is precisely what his way, most of them don’t have scrub- ables, with renewable energy. He said study shows quite clearly. bers. They’re not capturing the CO2 America should be looking to Spain And he also goes into a great deal of emissions because, like in America and and that we need to get out in front the detail in this study about the amount like in Europe, the technology is not way Spain has. Spain is no smarter of money that would be invested in— there. than we are. They’re just more bold. that was invested in renewable energy Now, there are plenty of pilot test They’re investing. They’re requiring in Spain. And that’s precisely what projects around. There is one commer- investment in nuclear energy. they are trying to do in the energy bill: cial application or two to capture car- government money to subsidize renew- b 1545 bon dioxide emissions—one in Canada able energies. and one in Norway—but the Chinese I mean, not in nuclear energy, but in And so I think that America, as we are making it very clear that they production of electricity. And that’s debate this energy bill, we need to want to produce more electricity with precisely what this energy bill is going move forward very carefully because coal because it is the most economical to do. It’s going to dictate 20 percent of we don’t want to unilaterally place way to produce electricity; and, there- the electricity be produced with renew- ourselves at a competitive disadvan- fore, they can produce more products ables. tage on the coal sector by using, by im- at less cost. And if it is not produced with renew- plementing a cap-and-trade system I’ll tell you something else they’re ables, then they are producing a 5-cent- that’s going to penalize only Ameri- doing, too. A lot of people in America per-kilowatt penalty. And I can tell cans and raise their electricity rates. may say we ought to do this, but they you what. I think most people who are And we also don’t want to lose 2.2 put a cap on the price of fuel that they experts in energy will tell you it’s vir- jobs for every one job created with pay for their transportation needs. Of tually impossible to produce 20 percent green technology if we had the same course, as a result of putting that cap of our electricity with renewables by experience that they did in Spain—and on the fuel, their government buyers, the year 2020 or the year 2025 for a lot there are reasons to believe that we when they’re out buying oil in the open of different reasons. will, according to this study. market, buy the highest sulfur content First of all, in States in the South- Now, yesterday, we had a hearing oil available because it is the cheapest. east, we’ve seen repeatedly maps of the about this and we had the Secretary of What does that do? That pollutes even Southeast, not only the Southeast but Energy there and we had the adminis- more. Missouri, Kentucky, Tennessee, Ala- trator of the EPA there. And they are So as we debate this energy policy bama, Mississippi, Georgia, Florida, the ones that have the task of devel- just on the cap-and-trade aspect of it, Ohio, Michigan. They do not have the oping this energy policy for America. we’ve got to keep in mind: If we in wind power to produce this electricity. And when I asked them the question— America act unilaterally, are we going And we have a very antiquated grid because they and others had been talk- to place ourselves at a disadvantage? Is system today. So you’re going to have ing about all of the new green jobs that it going to be more difficult for us to to dramatically increase the capacity had been created. When I had asked build plants, to create jobs and to of this grid system if you go to renew- them if they had even seen this study, produce products that are competitive ables to bring in renewables produced both of them said ‘‘no.’’ And so we in the world marketplace? I would sub- by other parts of the country into the asked them, well, we think we ought to mit to you that the answer to that is, Southeast, particularly. look at this study because before yes, it will place us at a disadvantage But one of the primary arguments America adopts an energy policy that to do it unilaterally. So I think that’s that we hear from our respected friends will affect every man, woman and child an important thing that we need to dis- on the other side of the aisle is that, in this country, every business in this cuss as we move forward. look, let’s not be concerned about this country, every automobile driver in Now, another matter that plays a because as we move into green tech- this country, what would the impact of prominent place in the energy plan nology, we’re going to create thou- it be? So we need detailed studies so being advocated by our respected sands of green jobs. And those jobs will that we get both sides of the issue, we friends on the other side of the aisle, be what will propel America into the said in these hearings. And to be truth- by our Democrat friends—and I might future. And none of us in Congress ful, we all wish that what is being said say that many of the Democrats are would object to that. And we know would be true, that yes, we can auto- very much concerned about it as well— that there will be some green jobs cre- matically go to green and forget coal relates to renewable mandates. In ated. But, you know, we oftentimes do and forget nuclear. But it is impossible America today, 51 percent of our elec- projections based on models, and mod- to do. tricity is produced by coal. About 20 els frequently are determined by what So instead of looking through rose- percent is produced by nuclear power, you put in, what information you put colored glasses, let’s be realistic as we and less than 2 percent is produced by into those models. But when you use move forward so we can make and give

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10493 the American people the opportunity tain. And if it were allowed to be con- was President, he made a decision—and for the best decision that can be made. tinued within the next 3 or 4 years, it I am not criticizing his decision be- Now, on this map right here, there would be licensed, and then 4 or 5, 10 cause I don’t truthfully know all of the are a lot of red dots. And these red dots years after that, they could start mov- facts that went into his decision, and I represent a nuclear power plant that is ing this spent fuel to Yucca Mountain. am sure he had good reason for his de- currently operating in America. And So where is this spent fuel right now? cision—but he signed an Executive there are about 109 of them scattered Well, the spent fuel right now is lo- order that prohibited reprocessing of throughout our country. And as I men- cated at each one of these 109 sites in spent fuel in America. tioned earlier, about 20 percent of our America. Where you have a nuclear b 1600 electricity is produced by nuclear. But power plant, you have spent fuel be- it’s very sad that in this energy bill cause there is no other place, there is But every other country in the world that I have been discussing—it’s over no other place to put it. No other place is doing it, with the exception of Can- 657 pages, by the way—it relates to ev- to take it. ada, and that’s because they use heavy erything. It relates to air conditioners Now, I think the American people water reactors in Canada and in Amer- in your car. It relates to appliances in would find it interesting—because I ica we use light water reactors. your home. It relates to efficiencies in don’t think most of them really know But the reason that I am dis- building products. It relates to cap- that a lot of these nuclear power appointed in the energy bill—there is and-trade, a smart grid, technology, plants, because they have contractual nothing about nuclear—is because this global warming, all of those things. arrangements with the Federal Govern- is an issue that the American people But when you have something that’s ment, that they could store that spent and the American Congress must re- producing 20 percent of the electricity fuel at Yucca Mountain. And by the visit and, that is, reprocessing spent in America like nuclear, you would way, President Obama did not put any fuel because we can drastically reduce think there would be something in this money in his budget for Yucca Moun- the amount of waste. energy bill about nuclear, particularly tain. And so there were a lot of stories We also need to expedite the permit- since we haven’t had any nuclear power going around soon after the budget ting process so that we can produce plants built in a long time because of came out that Yucca Mountain had more nuclear power plants, because it the complex permitting process that been put on hold; we didn’t know if can be done safely, it can be done makes it virtually impossible to build they were going to continue to build it cleanly, and it is a strategy that we one. But there is not one item in this or try to get the license for it so we should pursue. Because, as I indicated new energy bill about nuclear energy. can start storing this material or not. earlier, we are most dependent upon And one thing I think is quite clear So I suppose it’s going to be up to the coal, next nuclear, next we get down to to the American people and should be appropriators in the Congress to decide renewables and ethanol and biomass, clear to all of us, because we know that if they are going to put any money into and all sorts of things. in the next—by the year 2035, the de- Yucca Mountain. But we spent that $9 But I wanted to take this time this mand for electricity in America is billion, and because the government evening to just go over this whole proc- going to increase by 35 percent and had contracts with these nuclear en- ess of the dilemma that we face in nu- maybe more, and particularly, if we ergy producers to take that spent fuel clear, the potential dilemma that we turn the economy around. face if a cap-and-trade system is adopt- So in order to meet that demand, and was not able to fulfill its obliga- tion, what do you think the nuclear en- ed, because it will make us less com- we’re going to have to have everything petitive with countries like China and that we have access to. We’re going to ergy plants did? They did what any of us would do. They filed a lawsuit be- India, who are building more and more have to have coal—and there were a lot coal power plants; the less competitive of people that did not want to use coal cause of a breach of that contract. it will make us if we implement this and it’s going to be impossible. We are And as a result of that contract, the renewable mandate that 20 percent of going to have to use coal. And that’s U.S. Government right now has a li- electricity has to be produced by re- why developing this technology of car- ability to pay those nuclear power newables, when the experience in Spain bon capture and sequestration is so vi- plants in the neighborhood of $7 bil- has been for every job created in the tally important. lion. And that’s only for a period of And I might say that there is a pro- time. And after that, if there is not renewable industry, green jobs, they fessor at MIT that is one of the few in- some mechanism in place to take care lost 2.2 jobs. dividuals who actually wrote his dis- of this stored—this spent fuel, there So as we move forward, we have sertation on carbon capture and se- are going to be other lawsuits and many challenges facing our country, no questration. And he’s working with a there is going to be more money that’s greater challenge than in energy. And group in the Northeast that is planning going to have to be paid by the Amer- all of us respect the wisdom of the to build a $5 billion carbon capture and ican taxpayer. American people if they know the sequestration facility to store carbon Now, you know there are a lot of facts, and so I think it’s our obligation, dioxide in the ocean floor. And it’s that other countries that produce nuclear as Members of Congress and Members kind of innovative technology that energy. In fact, in France, which is of- of the Senate and President Obama, to we’re going to have to have in order to tentimes viewed as the green country, go out and talk about these issues, get meet our energy needs. most of their electricity is produced by the facts out there, and let the Amer- But back to nuclear for just a mo- nuclear energy. And France has it, ican people decide. And I think, once ment. Russia has it, Japan has it, Great Brit- they know all these facts, they will As you know, any time you produce ain has it. A lot of countries have it. recognize that we will have to continue nuclear energy, you have some spent But in America, one of the tech- using coal. fuel, and there are some real problems niques and one of the things that you We have a 250-year supply, our most with spent fuel, so there has got to be can do to minimize the amount of the abundant resource. We have the pilot a way to store it. And back in, I think spent fuel is to reprocess it. And it is a projects already working that can help it was 1982, the Congress passed a bill technology that is fully developed and capture carbon dioxide and even use that imposed an excise fee on every is being used today in France and the captured carbon dioxide to put into producer of nuclear energy in America. Japan and other countries around the oil wells to produce more oil. If we are And the purpose of that was to build a world. Now, the advantage of reproc- going to be less dependent on foreign facility in Nevada called Yucca Moun- essing is that you reduce even more the oil, we have to produce more oil in tain in which they would store this amount of waste that you have at the America. spent fuel. end. That gets me back to tax policy, be- But the American taxpayer has al- But in America, we don’t reprocess. cause one of the difficult issues in ready spent $9 billion on Yucca Moun- And why? Because when Jimmy Carter President Obama’s tax policy is that I

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10494 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 understand he wants to do away with The motion was agreed to; accord- josa, Mazie K. Hirono, Paul W. Hodes, Peter the oil depletion allowance. He wants ingly (at 4 o’clock and 3 minutes p.m.), Hoekstra, Tim Holden, Rush D. Holt, Mi- to change some inventory rules. He under its previous order, the House ad- chael M. Honda, Steny H. Hoyer, Duncan wants to change some other tax breaks journed until Monday, April 27, 2009, at Hunter, Bob Inglis, Jay Inslee, Steve Israel, Darrell E. Issa, Jesse L. Jackson Jr., Sheila for small independent producers, which 12:30 p.m., for morning-hour debate. Jackson-Lee, Lynn Jenkins, Eddie Bernice makes it more difficult to produce f Johnson, Henry C. ‘‘Hank’’ Johnson Jr., Sam more oil in America. Johnson, Timothy V. Johnson, Walter B. So those are issues facing us. And OATH FOR ACCESS TO CLASSIFIED Jones, Jim Jordan, Steve Kagen, Paul E. with that, Madam Speaker, I yield INFORMATION Kanjorski, Marcy Kaptur, Patrick J. Ken- back the balance of my time. Under clause 13 of rule XXIII, the fol- nedy, Dale E. Kildee, Carolyn C. Kilpatrick, Mary Jo Kilroy, Ron Kind, Peter T. King, f lowing Members executed the oath for Steve King, Jack Kingston, Mark Steven LEAVE OF ABSENCE access to classified information: Kirk, Ann Kirkpatrick, Larry Kissell, Ron Neil Abercrombie, Gary L. Ackerman, Rob- Klein, John Kline, Suzanne M. Kosmas, By unanimous consent, leave of ab- ert B. Aderholt, John H. Adler, W. Todd Frank Kratovil Jr., Doug Lamborn, Leonard sence was granted to: Akin, Rodney Alexander, Jason Altmire, Lance, James R. Langevin, Rick Larsen, Mr. JACKSON of Illinois (at the re- Robert E. Andrews, Michael A. Arcuri, Steve John B. Larson, Tom Latham, Steven C. quest of Mr. HOYER) for today on ac- Austria, Joe Baca, Michele Bachmann, Spen- LaTourette, Robert E. Latta, Barbara Lee, count of illness. cer Bachus, Brian Baird, Tammy Baldwin, J. Christopher John Lee, Sander M. Levin, Mr. MORAN of Kansas (at the request Gresham Barrett, John Barrow, Roscoe G. Jerry Lewis, John Lewis, John Linder, Dan- Bartlett, Joe Barton, Melissa L. Bean, Xa- iel Lipinski, Frank A. LoBiondo, David of Mr. BOEHNER) for today on account vier Becerra, Shelley Berkley, Howard L. Loebsack, Zoe Lofgren, Nita M. Lowey, of attending a funeral. Berman, Marion Berry, Judy Biggert, Brian Frank D. Lucas, Blaine Luetkemeyer, Ben f P. Bilbray, Gus M. Bilirakis, Rob Bishop, Ray Luja´ n, Cynthia M. Lummis, Daniel E. Sanford D. Bishop Jr., Timothy H. Bishop, Lungren, Stephen F. Lynch, Carolyn McCar- SPECIAL ORDERS GRANTED Marsha Blackburn, Earl Blumenauer, Roy thy, Kevin McCarthy, Michael T. McCaul, By unanimous consent, permission to Blunt, John A. Boccieri, John A. Boehner, Jo Tom McClintock, Betty McCollum, Thaddeus address the House, following the legis- Bonner, Mary Bono Mack, John Boozman, G. McCotter, Jim McDermott, James P. lative program and any special orders Madeleine Z. Bordallo, Dan Boren, Leonard McGovern, Patrick T. McHenry, John M. heretofore entered, was granted to: L. Boswell, Rick Boucher, Charles W. Bou- McHugh, Mike McIntyre, Howard P. ‘‘Buck’’ stany Jr., Allen Boyd, Bruce L. Braley, McKeon, Michael E. McMahon, Cathy (The following Members (at the re- Kevin Brady, Robert A. Brady, Bobby Bright, McMorris Rodgers, Jerry McNerney, Connie quest of Ms. WOOLSEY) to revise and ex- Paul C. Broun, Corrine Brown, Ginny Brown- Mack, Daniel B. Maffei, Carolyn B. Maloney, tend their remarks and include extra- Waite, Henry E. Brown Jr., Vern Buchanan, Donald A. Manzullo, Kenny Marchant, Betsy neous material:) Michael C. Burgess, Dan Burton, G.K. Markey, Edward J. Markey, Jim Marshall, Ms. WOOLSEY, for 5 minutes, today. Butterfield, Steve Buyer, Ken Calvert, Dave Eric J. J. Massa, Jim Matheson, Doris O. Mr. DEFAZIO, for 5 minutes, today. Camp, John Campbell, Eric Cantor, Anh ‘‘Jo- Matsui, Kendrick B. Meek, Gregory W. Mr. YARMUTH, for 5 minutes, today. seph’’ Cao, Shelley Moore Capito, Lois Meeks, Charlie Melancon, John L. Mica, Mi- Capps, Michael E. Capuano, Dennis A. Car- chael H. Michaud, Brad Miller, Candice S. Mr. MURPHY of Connecticut, for 5 doza, Russ Carnahan, Christopher P. Carney, Miller, Gary G. Miller, George Miller, Jeff minutes, today. Andr´e Carson, John R. Carter, Bill Cassidy, Miller, Walt Minnick, Harry E. Mitchell, Mr. SCHIFF, for 5 minutes, today. Michael N. Castle, Kathy Castor, Jason Alan B. Mollohan, Dennis Moore, Gwen (The following Members (at the re- Chaffetz, Ben Chandler, Travis W. Childers, Moore, James P. Moran, Jerry Moran, Chris- quest of Mr. POE of Texas) to revise and Donna M. Christensen, Yvette D. Clarke, topher S. Murphy, Patrick J. Murphy, Tim extend their remarks and include ex- Wm. Lacy Clay, Emanuel Cleaver, James E. Murphy, John P. Murtha, Sue Wilkins traneous material:) Clyburn, Howard Coble, Mike Coffman, Steve Myrick, Jerrold Nadler, Grace F. Napolitano, Mr. SOUDER, for 5 minutes, today. Cohen, Tom Cole, K. Michael Conaway, Ger- Richard E. Neal, Randy Neugebauer, Eleanor ald E. Connolly, John Conyers Jr., Jim Coo- Holmes Norton, Devin Nunes, Glenn C. Nye, Mr. NEUGEBAUER, for 5 minutes, per, Jim Costa, Jerry F. Costello, Joe Court- James L. Oberstar, David R. Obey, John W. today. ney, Ander Crenshaw, Joseph Crowley, Henry Olver, Pete Olson, Solomon P. Ortiz, Frank Ms. ROS-LEHTINEN, for 5 minutes, Cuellar, John Abney Culberson, Elijah E. Pallone Jr., Bill Pascrell Jr., Ed Pastor, Ron April 27. Cummings, Kathleen A. Dahlkemper, Artur Paul, Erik Paulsen, Donald M. Payne, Nancy Mr. DENT, for 5 minutes, today. Davis, Danny K. Davis, Geoff Davis, Lincoln Pelosi, Mike Pence, Ed Perlmutter, Thomas Mr. POE of Texas, for 5 minutes, April Davis, Susan A. Davis, Nathan Deal, Peter A. S. P. Perriello, Gary C. Peters, Collin C. 30. DeFazio, Diana DeGette, William D. Dela- Peterson, Thomas E. Petri, Pedro R. Mr. JONES, for 5 minutes, April 30. hunt, Rosa L. DeLauro, Charles W. Dent, Pierluisi, Chellie Pingree, Joseph R. Pitts, Lincoln Diaz-Balart, Mario Diaz-Balart, Nor- Todd Russell Platts, Ted Poe, Jared Polis, Mr. BURTON of Indiana, for 5 minutes, man D. Dicks, John D. Dingell, Lloyd Dog- Earl Pomeroy, Bill Posey, David E. Price, April 29 and 30. gett, Joe Donnelly, Michael F. Doyle, David Tom Price, Adam H. Putnam, Mike Quigley, Mr. CAO, for 5 minutes, today. Dreier, Steve Driehaus, John J. Duncan Jr., George Radanovich, Nick J. Rahall II, (The following Member (at his re- Chet Edwards, Donna F. Edwards, Vernon J. Charles B. Rangel, Denny Rehberg, David G. quest) to revise and extend his remarks Ehlers, Keith Ellison, Brad Ellsworth, Jo Reichert, Silvestre Reyes, Laura Richardson, and include extraneous material:) Ann Emerson, Eliot L. Engel, Anna G. Ciro D. Rodriguez, David P. Roe, Harold Rog- Mr. GOHMERT, for 5 minutes, today. Eshoo, Bob Etheridge, Eni F.H. ers, Mike Rogers (AL–03), Mike Rogers (MI– Faleomavaega, Mary Fallin, Sam Farr, 08), Dana Rohrabacher, Thomas J. Rooney, f Chaka Fattah, Bob Filner, Jeff Flake, John Peter J. Roskam, Ileana Ros-Lehtinen, Mike SENATE BILL REFERRED Fleming, J. Randy Forbes, Jeff Fortenberry, Ross, Steven R. Rothman, Lucille Roybal- Bill Foster, Virginia Foxx, Barney Frank, Allard, Edward R. Royce, C. A. Dutch Rup- A bill of the Senate of the following Trent Franks, Rodney P. Frelinghuysen, persberger, Bobby L. Rush, Paul Ryan, Tim title was taken from the Speaker’s Marcia L. Fudge, Elton Gallegly, Scott Gar- Ryan, Gregorio Sablan, John T. Salazar, table and, under the rule, referred as rett, Jim Gerlach, Gabrielle Giffords, Kirsten Linda T. San´ chez, Loretta Sanchez, John P. follows: E. Gillibrand*, Phil Gingrey, Louie Gohmert, Sarbanes, Steve Scalise, Janice D. Scha- Bob Goodlatte, Charles A. Gonzalez, Bart S. CON. RES. 18. Concurrent resolution sup- kowsky, Adam B. Schiff, Jean Schmidt, porting the goals and ideals of World Malaria Gordon, Kay Granger, Sam Graves, Alan Aaron Schock, Kurt Schrader, Allyson Y. Day, and reaffirming United States leader- Grayson, Al Green, Gene Green, Parker Grif- Schwartz, David Scott, Robert C. ‘‘Bobby’’ ´ ´ ship and support for efforts to combat ma- fith, Raul M. Grijalva, Brett Guthrie, Luis V. Scott, F. James Sensenbrenner Jr., Jose E. laria; to the Committee on Foreign Affairs. Gutierrez, John J. Hall, Ralph M. Hall, Debo- Serrano, Pete Sessions, Joe Sestak, John B. rah L. Halvorson, Phil Hare, Jane Harman, Shadegg, Mark Shauer, Carol Shea-Porter, f Gregg Harper, Alcee L. Hastings, Doc Has- Brad Sherman, John Shimkus, Heath Shuler, ADJOURNMENT tings, Martin Heinrich, Dean Heller, Jeb Bill Shuster, Michael K. Simpson, Albio Hensarling, Wally Herger, Stephanie Herseth Sires, Ike Skelton, Louise McIntosh Slaugh- Mr. WHITFIELD. Madam Speaker, I Sandlin, Brian Higgins, Baron P. Hill, James ter, Adam Smith, Adrian Smith, Christopher move that the House do now adjourn. A. Himes, Maurice D. Hinchey, Rube´n Hino- H. Smith, Lamar Smith, Vic Snyder, Hilda

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10495 L. Solis, Mark E. Souder, Zachary T. Space, State, transmitting certification of a pro- Defense, transmitting the Department’s final Jackie Speier, John M. Spratt Jr., Bart Stu- posed technical assistance agreement for the rule — Federal Acquisition Regulation; FAR pak, Cliff Stearns, John Sullivan, Betty Sut- export of technical data, defense services, Case 2009-009, American Recovery and Rein- ton, John S. Tanner, Ellen O. Tauscher, Gene and defense articles to Israel (Transmittal vestment Act of 2009 (the Recovery Act)— Taylor, Harry Teague, Lee Terry, Bennie G. No. DDTC 151-08), pursuant to 22 U.S.C. 39, Reporting Requirements [FAC 2005-32; FAR Thompson, Glenn Thompson, Mike Thomp- section 36(c); to the Committee on Foreign Case 2009-009; Item IV; Docket 2009-0011; Se- son, Mac Thornberry, Todd Tiahrt, Patrick Affairs. quence 1] (RIN: 9000-AL21) received April 1, J. Tiberi, John F. Tierney, Dina Titus, Paul 1338. A letter from the Acting Assistant 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Tonko, Edolphus Towns, Niki Tsongas, Mi- Secretary Legislative Affairs, Department of Committee on Oversight and Government chael R. Turner, Fred Upton, Chris Van Hol- State, transmitting correspondence from the Reform. len, Nydia M. Vela´ zquez, Peter J. Visclosky, legislature of the Province of Batangas, Re- 1347. A letter from the Acting Senior Pro- Greg Walden, Timothy J. Walz, Zach Wamp, public of the Philippines; to the Committee curement Executive, GSA, Department of Debbie Wasserman Schultz, Diane Watson, on Foreign Affairs. Defense, transmitting the Department’s final Melvin L. Watt, Henry A. Waxman, Anthony 1339. A letter from the Acting Assistant rule — Federal Acquisition Regulation; Fed- D. Weiner, Peter Welch, Lynn A. Westmore- Secretary Legislative Affairs, Department of eral Acquisition Circlar 2005-32; Introduction land, Robert Wexler, Ed Whitfield, Charles A. State, transmitting pursuant to section 3(d) [Docket FAR-2009-0001, Sequence 3] received Wilson, Joe Wilson, Robert J. Wittman, of the Arms Export Control Act, certifi- April 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Oversight and Govern- Frank R. Wolf, Lynn C. Woolsey, David Wu, cation regarding the proposed transfer of ment Reform. John A. Yarmuth, C.W. Bill Young, Don major defense equipment from the Govern- 1348. A letter from the Acting Senior Pro- Young ment of Portugal (Transmittal No. RSAT-08- 1775); to the Committee on Foreign Affairs. curement Executive, GSA, Department of f 1340. A letter from the Acting Assistant Defense, transmitting the Department’s final EXECUTIVE COMMUNICATIONS, Secretary Legislative Affairs, Department of rule — Federal Acquisition Regulation; FAR Case 2008-026, GAO Access to Contractor Em- ETC. State, transmitting pursuant to section 36(c) of the Arms Export Control Act, certifi- ployees [FAC 2005-32; FAR Case 2008-026; Item Under clause 8 of rule XII, executive cation regarding the proposed transfer of de- VI; Docket 2009-0013, Sequence 1] (RIN: 9000- communications were taken from the fense articles or defense services to Canada AL25) received April 1, 2009, pursuant to 5 Speaker’s table and referred as follows: (Transmittal No. DDTC 129-08); to the Com- U.S.C. 801(a)(1)(A); to the Committee on Oversight and Government Reform. 1330. A letter from the Acting Assistant mittee on Foreign Affairs. 1341. A letter from the Assistant Director, 1349. A letter from the Acting Senior Pro- Deputy Secretary, Department of Education, Policy, Department of the Treasury, trans- curement Executive, GSA, Department of transmitting the Department’s final rule — mitting the Department’s final rule — Weap- Defense, transmitting the Department’s final Readiness and Emergency Management ons of Mass Destruction Proliferators Sanc- rule — Federal Acquisition Regulation; Fed- Schools — Catalog of Federal Domestic As- tions Regulations — received April 8, 2007, eral Acquisition Circular 2005-32; Small Enti- sistance (CFDA) Number 84.184E. received pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ty Compliance Guide [Docket FAR-2009-0002, April 14, 2009, pursuant to 5 U.S.C. mittee on Foreign Affairs. Sequence 3] received April 1, 2009, pursuant 801(a)(1)(A); to the Committee on Education 1342. A letter from the Acting Senior Pro- to 5 U.S.C. 801(a)(1)(A); to the Committee on and Labor. curement Executive, GSA, Department of Oversight and Government Reform. 1331. A letter from the Acting Assistant Defense, transmitting the Department’s final 1350. A letter from the Chairperson, Na- Secretary Legislative Affairs, Department of rule — Federal Acquisition Regulation; FAR tional Council on Disability, transmitting State, transmitting certification of a pro- Case 2009-011, American Recovery and Rein- the Council’s report entitled, ‘‘Government posed manufacturing license agreement with vestment Act of 2009 (The Recovery Act)— Performance and Results Act Annual Report Japan (Transmittal No. DDTC 002-09), pursu- GAO/IG Access [FAC 2005-32; FAR Case 2009- to the President and Congress-Fiscal Year ant to 22 U.S.C. 39, section 36(d); to the Com- 011; Item V; Docket 2009-0012, Sequence 1] 2008, pursuant to 31 U.S.C. 1116; to the Com- mittee on Oversight and Government Re- mittee on Foreign Affairs. (RIN: 9000-AL20) received April 1, 2009, pursu- form. 1332. A letter from the Acting Assistant ant to 5 U.S.C. 801(a)(1)(A); to the Committee Secretary Legislative Affairs, Department of 1351. A letter from the Director, U.S. Fish on Oversight and Government Reform. and Wildlife Service, Department of the Inte- State, transmitting certification of a pro- 1343. A letter from the Acting Senior Pro- rior, transmitting the Department’s final posed manufacturing license agreement with curement Executive, GSA, Department of rule — Endangered and Threatened Wildlife South Korea (Transmittal No. DDTC 152-08), Defense, transmitting the Department’s final and Plants; Final Rule to Identify the North- pursuant to 22 U.S.C. 39, section 36(c); to the rule — Federal Acquisition Regulation; FAR ern Rocky Mountain Population of Gray Committee on Foreign Affairs. Case 2009-010, American Recovery and Rein- Wolf as a Distinct Population Segment and 1333. A letter from the Acting Assistant vestment Act of 2009 (the Recovery Act)— to Revise the List of Endangered and Threat- Secretary Legislative Affairs, Department of Publicizing Contract Actions [FAC 2005-32; ened Wildlife. [FWS-R6-ES-2008-0008 92220- State, transmitting certification of a pro- FAR Case 2009-010; Item III; Docket 2009-0010, posed manufacturing license agreement with 1113-0000; ABC Code: C6] (RIN: 1018-AW37) re- Sequence 1] (RIN: 9000-AL24) received April 1, ceived April 1, 2009, pursuant to 5 U.S.C. Japan (Transmittal No. DDTC 021-09), pursu- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ant to 22 U.S.C. 39, section 36(c); to the Com- 801(a)(1)(A); to the Committee on Natural Committee on Oversight and Government Resources. mittee on Foreign Affairs. Reform. 1334. A letter from the Acting Assistant 1352. A letter from the Acting Secretary, 1344. A letter from the Acting Senior Pro- Department of Health and Human Services, Secretary Legislative Affairs, Department of curement Executive, GSA, Department of State, transmitting certification of a pro- transmitting the Department’s report on Defense, transmitting the Department’s final designating a class of employees from Hood posed manufacturing license agreement with rule — Federal Acquisition Regulation; FAR Building, Cambridge, Massachusetts, pursu- the Republic of Korea (Transmittal No. Case 2009-012, American Recovery and Rein- ant to 42 C.F.R. pt. 83; to the Committee on DDTC 008-09), pursuant to 22 U.S.C. 39, sec- vestment Act of 2009 (the Recovery Act)— the Judiciary. tion 36(c); to the Committee on Foreign Af- Whistleblower Protections [FAC 2005-32; FAR 1353. A letter from the Acting Secretary, fairs. Case 2009-012; Item II; Docket 2009-0009, Se- Department of Health and Human Services, 1335. A letter from the Acting Assistant quence 1] (RIN: 9000-AL19) received April 1, transmitting the Department’s report on Secretary Legislative Affairs, Department of 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the designating a class of employees from Wes- State, transmitting certification of a pro- Committee on Oversight and Government tinghouse Atomic Power Development Plant posed manufacturing license agreement with Reform. East Pittsburgh, Pennsylvania, pursuant to Japan (Transmittal No. DDTC 012-09), pursu- 1345. A letter from the Acting Senior Pro- 42 C.F.R. pt. 83; to the Committee on the Ju- ant to 22 U.S.C. 39, section 36(c); to the Com- curement Executive, GSA, Department of diciary. mittee on Foreign Affairs. Defense, transmitting the Department’s final 1354. A letter from the Attorney, Advisor, 1336. A letter from the Acting Assistant rule — Federal Acquisition Regulation; FAR Department of Homeland Security, transmit- Secretary Legislative Affairs, Department of Case 2009-008, American Recovery and Rein- ting the Department’s final rule — Safety State, transmitting certification of a pro- vestment Act of 2009 (the Recovery Act)— and Security Zones: New York Marine In- posed technical assistance agreement for the Buy American Requirements for Construc- spection Zone and Captain of the Port Zone export of technical data, defense services, tion Material [FAC 2005-32; FAR Case 2009- [Docket No.: USCG-2007-0074] (RIN: 1625- and defense articles to Sweden (Transmittal 008; Item I; Docket 2009-0008, Sequence 1] AA87) received April 7, 2009, pursuant to 5 No. DDTC 150-08), pursuant to 22 U.S.C. 39, (RIN: 9000-AL22) received April 1, 2009, pursu- U.S.C. 801(a)(1)(A); to the Committee on section 36(c); to the Committee on Foreign ant to 5 U.S.C. 801(a)(1)(A); to the Committee Transportation and Infrastructure. Affairs. on Oversight and Government Reform. 1355. A letter from the Attorney-Advisor, 1337. A letter from the Acting Assistant 1346. A letter from the Acting Senior Pro- Department of Homeland Security, transmit- Secretary Legislative Affairs, Department of curement Executive, GSA, Department of ting the Department’s final rule — Safety

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10496 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 23, 2009 Zone; Naval Underwater Detonation; North- with integrated environmental assessment for printing and reference to the proper west Harbor, San Clemente Island, CA on the Peoria Riverfront Development in Il- calendar, as follows: [Docket No.: USCG-2009-0046] (RIN: 1625- linois; (H. Doc. No. 111–34); to the Committee Mr. OBERSTAR: Committee on Transpor- AA00) received April 1, 2009, pursuant to 5 on Transportation and Infrastructure and or- tation and Infrastructure. H.R. 1746. A bill to U.S.C. 801(a)(1)(A); to the Committee on dered to be printed. amend the Robert T. Stafford Disaster Relief Transportation and Infrastructure. 1366. A letter from the Assistant Secretary and Emergency Assistance Act to reauthor- 1356. A letter from the Attorney-Advisor, of the Army (Civil Works), Department of ize the pre-disaster mitigation program of Department of Homeland Security, transmit- the Army, transmitting the integrated feasi- the Federal Emergency Management Agency ting the Department’s final rule — Saftey bility report and environmental impact (Rept. 111–83). Referred to the Committee of Zone; Baltimore Captain of the Port Zone statement for the South River, Raritan the Whole House on the State of the Union. [Docket No.: USCG-2008-0129] (RIN: 1625- River Basin Hurricane and Storm Damage Mr. FRANK of Massachusetts: Committee AA00) received April 1, 2009, pursuant to 5 Reduction and Ecosystem Restoration; (H. on Financial Services. House Resolution 251. U.S.C. 801(a)(1)(A); to the Committee on Doc. No. 111–35); to the Committee on Trans- Resolution directing the Secretary of the Transportation and Infrastructure. portation and Infrastructure and ordered to Treasury to transmit to the House of Rep- 1357. A letter from the Attorney Advisor, be printed. resentatives all information in his possession Department of Homeland Security, transmit- 1367. A letter from the Chief, Publications relating to specific communications with ting the Department’s final rule — Security and Regulations, Internal Revenue Service, American International Group, Inc. (AIG) Zone; Coast Guard Base San Juan, San Juan transmitting the Service’s final rule — Pre- (Rept. 111–84). Referred to the House Cal- Harbor, Puerto Rico [Docket No.: USCG-2008- mium assistance for COBRA benefits [Notice endar. 0440] (RIN: 1625-AA87) received April 1, 2009, 2009-27] received April 8, 2009, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- Ways and Means. f 1368. A letter from the Branch Chief, Publi- ture. cations and Regulations, Internal Revenue 1358. A letter from the Attorney Advisor, PUBLIC BILLS AND RESOLUTIONS Service, transmitting the Service’s final rule Department of Homeland Security, transmit- — ARRA Update to Annual Indexing Rev- Under clause 2 of rule XII, public ting the Department’s final rule — Anchor- enue Procedures (Rev. Proc. 2009-21) received bills and resolutions of the following age Regulations; Port of New York [Docket April 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); No.: USCG-2008-0155] (RIN: 1625-AA01) re- titles were introduced and severally re- to the Committee on Ways and Means. ferred, as follows: ceived April 1, 2009, pursuant to 5 U.S.C. 1369. A letter from the Chief, Publications 801(a)(1)(A); to the Committee on Transpor- and Regulations, Internal Revenue Service, By Mr. REHBERG (for himself and Mr. tation and Infrastructure. transmitting the Service’s final rule — THOMPSON of California): 1359. A letter from the Attorney-Advisor, Qualified School Construction Bond Alloca- H.R. 2058. A bill to require mental health Department of Homeland Security, transmit- tions for 2009 [Notice 2009-35] received April screenings for members of the Armed Forces ting the Department’s final rule — Safety 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to who are deployed in connection with a con- Zone; Captain of the Port Zone Jacksonville; the Committee on Ways and Means. tingency operation, and for other purposes; Offshore Cape Canaveral, Florida [Docket 1370. A letter from the Chief, Publications to the Committee on Armed Services, and in No.: USCG-2008-0411] (RIN: 1625-AA00) re- and Regulations, Internal Revenue Service, addition to the Committee on Veterans’ Af- ceived April 1, 2009, pursuant to 5 U.S.C. transmitting the Service’s final rule — fairs, for a period to be subsequently deter- 801(a)(1)(A); to the Committee on Transpor- Qualified Zone Academy Bond Allocations mined by the Speaker, in each case for con- tation and Infrastructure. for 2008 and 2009 [Notice 2009-30] received sideration of such provisions as fall within 1360. A letter from the Attorney, Advisor, April 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); the jurisdiction of the committee concerned. Department of Homeland Security, transmit- to the Committee on Ways and Means. By Mr. FOSTER: ting the Department’s final rule — Safety 1371. A letter from the Chief, Publications H.R. 2059. A bill to amend title 10, United Zone; Underwater Object, Massachusetts and Regulations, Internal Revenue Service, States Code, to provide for the payment of Bay, MA. [Docket No.: USCG-2008-1272] (RIN: transmitting the Service’s final rule — Pre- monthly annuities under the Survivor Ben- 1625-AA00) received April 1, 2009, pursuant to mium assistance for COBRA benefits [Notice efit Plan to a supplemental or special needs 5 U.S.C. 801(a)(1)(A); to the Committee on 2009-27] received April 8, 2009, pursuant to 5 trust established for the sole benefit of a dis- Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on abled dependent child of a participant in the 1361. A letter from the Attorney, Advisor, Ways and Means. Survivor Benefit Plan; to the Committee on Department of Homeland Security, transmit- 1372. A letter from the Chief, Publications Armed Services. ting the Department’s final rule — Safety and Regulations, Internal Revenue Service, By Mr. LARSON of Connecticut (for Zone; Saugus River, Lynn, MA [Docket No.: transmitting the Service’s final rule — Build himself, Mr. MILLER of North Caro- USCG-2008-1026] (RIN: 1625-AA00) received America Bonds and Direct Payment Subsidy lina, Mr. HARE, Mr. WU, Ms. EDWARDS April 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); Implementation [Notice 2009-26] received of Maryland, Mr. HONDA, Mr. HIMES, to the Committee on Transportation and In- April 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. PATRICK J. MURPHY of Pennsyl- frastructure. to the Committee on Ways and Means. vania, Mr. EHLERS, Mr. SESTAK, Ms. 1362. A letter from the Attorney-Advisor, 1373. A letter from the Chief, Publications KILPATRICK of Michigan, Mr. SABLAN, Department of Homeland Security, transmit- and Regulations Branch, Internal Revenue Mrs. NAPOLITANO, Ms. MARKEY of Col- ting the Department’s final rule — Safety Service, transmitting the Service’s final rule orado, Mr. ROSS, Ms. MATSUI, Ms. Zone; Coast Guard Air Station San Fran- — Request for Comments on Certain Section BORDALLO, Mr. MCGOVERN, and Mr. cisco Airborne Use of Force Judgmental 263A Rules Relating to Property Acquired for SMITH of Washington): Training Flights [Docket No.: USCG-2009- Resale [Notice 2009-25] received April 8, 2009, H.R. 2060. A bill to provide grants to com- 0063] (RIN: 1625-AA00) received April 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- munity colleges to improve the accessibility pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Ways and Means. of computer labs and to provide information mittee on Transportation and Infrastruc- 1374. A letter from the Chief, Publications technology training for both students and ture. and Regulations Branch, Internal Revenue members of the public seeking to improve 1363. A letter from the Project Counsel, De- Service, transmitting the Service’s final rule their computer literacy and information partment of Homeland Security, transmit- — Qualified Energy Conservation Bond Allo- technology skills; to the Committee on Edu- ting the Department’s final rule — Consoli- cations for 2009 [Notice 2009-29] received cation and Labor. dation of Merchant Mariner Qualification April 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); By Mr. BOOZMAN (for himself and Mr. to the Committee on Ways and Means. Credentials [Docket No.: USCG-2006-24371] KING of Iowa): 1375. A letter from the Chief, Publications (RIN: 1625-AB02) received April 1, 2009, pursu- H.R. 2061. A bill to provide for parental no- and Regulations, Internal Revenue Service, ant to 5 U.S.C. 801(a)(1)(A); to the Committee tification and intervention in the case of a transmitting the Service’s final rule — on Transportation and Infrastructure. minor seeking an abortion; to the Com- Qualifying Gasification Project Program 1364. A letter from the Assistant Secretary mittee on the Judiciary. [Notice 2009-23] received April 8, 2009, pursu- of the Army (Civil Works), Department of By Mr. DEFAZIO (for himself, Ms. ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Army, transmitting the Environmental MCCOLLUM, Mr. GRIJALVA, Mr. FARR, on Ways and Means. Impact Statement for the Dallas Floodway Mr. GEORGE MILLER of California, and Extension in Texas; (H. Doc. No. 111–33); to f Mr. WU): the Committee on Transportation and Infra- REPORTS OF COMMITTEES ON H.R. 2062. A bill to amend the Migratory structure and ordered to be printed. PUBLIC BILLS AND RESOLUTIONS Bird Treaty Act to provide for penalties and 1365. A letter from the Assistant Secretary enforcement for intentionally taking pro- of the Army (Civil Works), Department of Under clause 2 of rule XIII, reports of tected avian species, and for other purposes; the Army, transmitting the feasibility study committees were delivered to the Clerk to the Committee on Natural Resources.

VerDate Mar 15 2010 07:34 Aug 10, 2011 Jkt 059102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR09\H23AP9.001 H23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10497 By Mr. WILSON of South Carolina: By Ms. CLARKE: fall within the jurisdiction of the committee H.R. 2063. A bill to amend the Emergency H.R. 2071. A bill to require that, in the concerned. Economic Stabilization Act of 2008 to use re- questionnaires used in the taking of any de- By Mr. GUTIERREZ (for himself, Mrs. paid Troubled Asset Relief Program funds to cennial census of population, a checkbox or NAPOLITANO, Mr. LIPINSKI, Mr. GRI- pay down the public debt, and for other pur- other similar option be included so that re- JALVA, and Mr. ROTHMAN of New Jer- poses; to the Committee on Financial Serv- spondents may indicate Caribbean extrac- sey): ices. tion or descent; to the Committee on Over- H.R. 2077. A bill to amend the Worker Ad- By Mr. KING of New York (for himself sight and Government Reform. justment and Retraining Notification Act to and Mr. MARSHALL): By Mrs. BACHMANN (for herself, Mr. require notifications under that Act for mass H.R. 2064. A bill to amend the Homeland COOPER, Mr. PITTS, Mr. FRANKS of Ar- layoffs that occur at more than one site of Security Act of 2002 to provide immunity for izona, Mr. TIAHRT, Mr. LAMBORN, Mr. an employer and to increase penalties for reports of suspected terrorist activity or sus- BARTLETT, Mrs. BLACKBURN, Mr. HER- violation of the Act; to the Committee on picious behavior and response; to the Com- GER, Mr. PENCE, Mrs. EMERSON, Mr. Education and Labor. mittee on the Judiciary. PAUL, Ms. GINNY BROWN-WAITE of By Mr. HASTINGS of Florida (for him- By Ms. SCHAKOWSKY (for herself, Mr. Florida, Mr. GARRETT of New Jersey, self and Mr. GRIJALVA): CONNOLLY of Virginia, Mr. CARNAHAN, Mr. CANTOR, Mr. SAM JOHNSON of H.R. 2078. A bill to establish a commission Mr. FARR, Mr. GRIJALVA, Ms. HIRONO, Texas, Mr. BROWN of South Carolina, to study employment and economic insecu- Ms. LEE of California, Mr. MORAN of Ms. FALLIN, Mr. MARCHANT, Mr. rity in the United States workforce; to the Virginia, Mr. PRICE of North Caro- CAMPBELL, and Mr. KING of Iowa): Committee on Education and Labor. lina, Mrs. NAPOLITANO, Mr. SESTAK, H.R. 2072. A bill to authorize States to use By Ms. HIRONO (for herself, Mr. ABER- Ms. WOOLSEY, Ms. WATSON, Mr. BER- funds provided for the Chafee Foster Care CROMBIE, Ms. BORDALLO, Mr. MAN, Mr. PALLONE, and Mr. HARE): Independence Program to provide vouchers FALEOMAVAEGA, Mr. HONDA, Ms. MAT- H.R. 2065. A bill to amend the Toxic Sub- to cover tuition costs at private schools, and SUI, Mr. WU, Mr. SABLAN, Ms. RICH- stances Control Act to phase out the use of transportation costs to and from public ARDSON, Mr. SCOTT of Virginia, and mercury in the manufacture of chlorine and schools, of foster children of all ages; to the Mr. AL GREEN of Texas): caustic soda, and for other purposes; to the Committee on Ways and Means. H.R. 2079. A bill to authorize the Secretary of the Interior to conduct a special resources Committee on Energy and Commerce. By Mrs. CAPITO: study of the Honouliuli Internment Camp By Mr. GENE GREEN of Texas (for H.R. 2073. A bill to amend title 23, United site in the State of Hawaii, to determine the himself and Mr. TIM MURPHY of Penn- States Code, to permit the State of West Vir- suitability and feasibility of establishing a sylvania): ginia to allow the operation of certain vehi- unit of the National Park System; to the H.R. 2066. A bill to amend the Public cles for the hauling of coal and coal by-prod- Committee on Natural Resources. Health Service Act to promote mental and ucts on Interstate Route 77 in Kanawha By Mr. HODES: behavioral health services for underserved County, West Virginia; to the Committee on H.R. 2080. A bill to amend the Internal Rev- populations; to the Committee on Energy Transportation and Infrastructure. enue Code of 1986 to extend the credit for and Commerce. By Ms. DELAURO (for herself, Ms. nonbusiness energy property and to include ´ By Ms. WOOLSEY (for herself, Mr. LINDA T. SANCHEZ of California, Mr. biomass heating appliances in energy-effi- ABERCROMBIE, Ms. BERKLEY, Mr. POLIS of Colorado, Ms. KILROY, Ms. cient building property; to the Committee on BRADY of Pennsylvania, Mr. COHEN, CLARKE, Mr. RANGEL, Mr. Ways and Means. Mr. HARE, Mr. HINCHEY, Ms. HIRONO, MCDERMOTT, Ms. SCHAKOWSKY, Mr. By Mr. HOLT (for himself, Mr. POLIS of Mr. HOLT, Mrs. MALONEY, Mr. GEORGE RYAN of Ohio, Mr. SERRANO, Mr. Colorado, Mr. KIND, Ms. SUTTON, Mr. MILLER of California, Mr. PAYNE, Mr. HARE, Mr. LEWIS of Georgia, Mr. BAIRD, Mr. SOUDER, Mr. HINCHEY, Mr. ROTHMAN of New Jersey, Ms. SCHA- FATTAH, Mr. MICHAUD, Ms. ZOE LOF- INSLEE, Ms. HIRONO, Ms. BORDALLO, KOWSKY, Ms. SHEA-PORTER, Mr. YAR- GREN of California, Ms. NORTON, Mr. Mr. CARNAHAN, Mr. SESTAK, and Mrs. MUTH, and Mr. MCGOVERN): FARR, Mr. CONYERS, Ms. BORDALLO, CAPPS): H.R. 2067. A bill to amend the Occupational Mr. HINOJOSA, Ms. JACKSON-LEE of H.R. 2081. A bill to amend the Elementary Safety and Health Act of 1970 to expand cov- Texas, Mrs. MALONEY, Mr. KENNEDY, and Secondary Education Act of 1965 to es- erage under the Act, to increase protections Mrs. LOWEY, Ms. BALDWIN, and Mr. tablish a partnership between the Depart- for whistleblowers, to increase penalties for HASTINGS of Florida): ment of Education and the National Park certain violators, and for other purposes; to H.R. 2074. A bill to provide effective em- Service to provide educational opportunities the Committee on Education and Labor. ployment, training, and career and technical for students and teachers; to the Committee By Mr. THOMPSON of California (for education programs and to address barriers on Education and Labor. himself, Mr. STUPAK, Mr. TERRY, and that result from family responsibilities, and By Mr. HOLT: Mr. SAM JOHNSON of Texas): to encourage and support individuals to H.R. 2082. A bill to amend the Uniformed H.R. 2068. A bill to improve the provision of enter nontraditional occupational fields; to and Overseas Citizens Absentee Voting Act telehealth services under the Medicare Pro- the Committee on Education and Labor. to require States to accept absentee ballots gram, to provide grants for the development By Mr. GENE GREEN of Texas: of overseas military and civilian voters of telehealth networks, and for other pur- H.R. 2075. A bill to amend title 13, United which are submitted by the voter to a pro- poses; to the Committee on Energy and Com- States Code, to require that, for purposes of vider of express mail services not later than merce, and in addition to the Committee on any decennial census, any individual who is the day before the date of the election in- Ways and Means, for a period to be subse- incarcerated as of the date on which such volved for transmission to the appropriate quently determined by the Speaker, in each census is taken shall be attributed to the State election official, to require the Sec- case for consideration of such provisions as place that was such individual’s last usual retary of Defense to reimburse overseas mili- fall within the jurisdiction of the committee place of residence before such individual’s in- tary voters for the costs of using a provider concerned. carceration began; to the Committee on of express mail services to transmit the bal- By Mr. HOEKSTRA: Oversight and Government Reform. lot to the official, and for other purposes; to H.R. 2069. A bill to amend the Internal Rev- By Mr. GRIJALVA (for himself, Mr. the Committee on House Administration. enue Code of 1986 to provide a credit for the BACA, Mr. BRADY of Pennsylvania, By Mr. HUNTER (for himself, Mr. POE purchase of new motor vehicles; to the Com- Mr. HINCHEY, Mrs. CAPPS, Mr. BLU- of Texas, Mr. BILBRAY, Mr. MARCH- mittee on Ways and Means. MENAUER, Mr. REYES, Ms. LINDA T. ANT, Mr. ROYCE, Mr. CAMPBELL, Mr. By Ms. CLARKE (for herself, Mrs. SA´ NCHEZ of California, Mr. ORTIZ, and ROHRABACHER, Mr. ALEXANDER, Mr. LOWEY, Mr. THOMPSON of Mississippi, Ms. ROYBAL-ALLARD): CALVERT, Mr. AKIN, Mr. GARY G. MIL- Mr. HOLT, and Mr. LANGEVIN): H.R. 2076. A bill to provide for the estab- LER of California, and Mr. FRANKS of H.R. 2070. A bill to amend the Homeland lishment of a border protection strategy for Arizona): Security Act of 2002 to secure domestic the international land borders of the United H.R. 2083. A bill to secure smuggling routes sources of radiological materials that could States, to address the ecological and envi- on the U.S.-Mexico border, better prevent be used to make a radiological dispersion de- ronmental impacts of border security infra- the smuggling of narcotics and weapons vice against access by terrorists, and for structure, measures, and activities along the across the border, and for other purposes; to other purposes; to the Committee on Energy international land borders of the United the Committee on the Judiciary, and in addi- and Commerce, and in addition to the Com- States, and for other purposes; to the Com- tion to the Committees on Homeland Secu- mittee on Homeland Security, for a period to mittee on Homeland Security, and in addi- rity, and Education and Labor, for a period be subsequently determined by the Speaker, tion to the Committees on Armed Services, to be subsequently determined by the Speak- in each case for consideration of such provi- and Agriculture, for a period to be subse- er, in each case for consideration of such pro- sions as fall within the jurisdiction of the quently determined by the Speaker, in each visions as fall within the jurisdiction of the committee concerned. case for consideration of such provisions as committee concerned.

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By Mr. KENNEDY (for himself, Mr. able uses for Kingman and Heritage Islands ABERCROMBIE, Mr. BOREN, and Mr. STEARNS, and Mr. MCGOVERN): by the District of Columbia, and for other KENNEDY): H.R. 2084. A bill to increase awareness of purposes; to the Committee on Oversight and H.R. 2099. A bill to provide for the settle- and research on autoimmune diseases, which Government Reform. ment of certain claims under the Alaska Na- are a major women’s health problem, affect By Mr. PALLONE (for himself, Mr. tive Claims Settlement Act, and for other as many as 23.5 million Americans, and en- ACKERMAN, Mr. ADLER of New Jersey, purposes; to the Committee on Natural Re- compass more than 100 interrelated diseases, Mr. BERMAN, Mr. BILBRAY, Mr. sources. such as lupus, multiple sclerosis, rheumatoid BISHOP of New York, Ms. BORDALLO, By Mr. FARR (for himself and Mr. arthritis, Sjogren’s syndrome, polymyositis, Mrs. CAPPS, Mrs. CHRISTENSEN, Mr. BLUNT): pemphigus, myasthenia gravis, Wegener’s HALL of New York, Ms. HARMAN, Mr. H. Con. Res. 105. Concurrent resolution ex- granulomatosis, psoriasis, celiac disease, ISRAEL, Mr. KING of New York, Mr. pressing support for designation of the week autoimmune platelet disorders, scleroderma, KIRK, Mr. KLEIN of Florida, Mrs. beginning on the second Saturday in May as alopecia areata, vitiligo, autoimmune thy- LOWEY, Mrs. MALONEY, Mr. MCIN- ‘‘National Travel and Tourism Week’’; to the roid disease, and sarcoidosis, and for other TYRE, Mr. GEORGE MILLER of Cali- Committee on Energy and Commerce. purposes; to the Committee on Energy and fornia, Mr. ROTHMAN of New Jersey, By Mr. BRIGHT (for himself and Mr. Commerce. Mr. SERRANO, Mr. SESTAK, Mr. WAX- TERRY): By Mr. LEWIS of Georgia (for himself, MAN, and Mr. WEINER): H. Con. Res. 106. Concurrent resolution ex- Mr. OBERSTAR, Mr. ELLISON, Mr. H.R. 2093. A bill to amend the Federal pressing the sense of Congress in support of STARK, Mr. MCDERMOTT, Mr. PAYNE, Water Pollution Control Act relating to a single national fuel economy standard; to Mr. RUSH, Mr. FATTAH, Ms. BALDWIN, beach monitoring, and for other purposes; to the Committee on Energy and Commerce. Mr. MCGOVERN, and Mr. HOLT): the Committee on Transportation and Infra- By Ms. LEE of California (for herself, H.R. 2085. A bill to affirm the religious structure. Mr. MCGOVERN, Mr. MEEKS of New freedom of taxpayers who are conscien- By Mr. PASCRELL (for himself, Mr. York, Ms. KILPATRICK of Michigan, tiously opposed to participation in war, to MORAN of Kansas, and Mr. YOUNG of Mr. MCDERMOTT, Ms. BALDWIN, and provide that the income, estate, or gift tax Alaska): Mrs. CHRISTENSEN): payments of such taxpayers be used for non- H.R. 2094. A bill to amend title XVIII of the H. Con. Res. 107. Concurrent resolution military purposes, to create the Religious Social Security Act to increase the per resi- supporting the goals and ideals of ‘‘National Freedom Peace Tax Fund to receive such tax dent payment floor for direct graduate med- STD Awareness Month’’; to the Committee payments, to improve revenue collection, ical education payments under the Medicare on Energy and Commerce. and for other purposes; to the Committee on Program; to the Committee on Ways and By Mrs. MALONEY (for herself, Ms. Ways and Means. Means, and in addition to the Committee on BALDWIN, and Mrs. BIGGERT): By Mrs. LOWEY: Energy and Commerce, for a period to be H. Con. Res. 108. Concurrent resolution ex- H.R. 2086. A bill to amend the Federal subsequently determined by the Speaker, in pressing the sense of Congress that the Shi Food, Drug, and Cosmetic Act to require each case for consideration of such provi- ’ite Personal Status Law in Afghanistan vio- that foods containing spices, flavoring, or sions as fall within the jurisdiction of the lates the fundamental human rights of coloring derived from meat, poultry, or other committee concerned. women and should be repealed; to the Com- animal products (including insects) bear la- By Mr. PAYNE (for himself, Mr. COHEN, mittee on Foreign Affairs. beling stating that fact and their names; to Mr. DAVIS of Illinois, Ms. LEE of Cali- By Mr. HALL of Texas (for himself, Mr. the Committee on Energy and Commerce. fornia, Mr. BISHOP of Georgia, Ms. SKELTON, Mr. ROSS, Mr. WALDEN, Mr. By Mrs. LOWEY: CLARKE, Mr. RUSH, and Mrs. AKIN, Mr. LARSEN of Washington, Mr. H.R. 2087. A bill to amend the Federal CHRISTENSEN): DUNCAN, Mr. EDWARDS of Texas, Mr. Food, Drug, and Cosmetic Act relating to H.R. 2095. A bill to authorize grants for DANIEL E. LUNGREN of California, Mr. freshness dates on food; to the Committee on programs that provide support services to RODRIGUEZ, Mr. EHLERS, Mr. MURTHA, Energy and Commerce. exonerees; to the Committee on the Judici- Mr. BLUNT, Mrs. EMERSON, Ms. By Mrs. LOWEY: ary. BORDALLO, Mrs. BLACKBURN, Mr. H.R. 2088. A bill to require the Food and By Mr. POMEROY (for himself, Mr. CARNAHAN, Mr. WILSON of South Drug Administration to finalize a standard BOUSTANY, Ms. SCHWARTZ, and Ms. Carolina, Mrs. BACHMANN, Mr. COBLE, for broad-spectrum protection in sunscreen GINNY BROWN-WAITE of Florida): products, and for other purposes; to the Com- H.R. 2096. A bill to amend the Internal Rev- Mr. ETHERIDGE, Mr. SCOTT of Vir- mittee on Energy and Commerce. enue Code of 1986 to allow long-term care in- ginia, Ms. JACKSON-LEE of Texas, Mr. By Mrs. MALONEY (for herself, Mr. surance to be offered under cafeteria plans HUNTER, Mr. JONES, Mr. OLSON, Mr. LATTA, Mr. KING of New York, Mr. ACKERMAN, Mr. BERMAN, and Mr. HIG- and flexible spending arrangements and to JORDAN of Ohio, Mr. MARCHANT, Mr. GINS): provide additional consumer protections for H.R. 2089. A bill to authorize the Secretary long-term care insurance; to the Committee DELAHUNT, Mr. LAMBORN, Mr. COURT- of Education to award grants to educational on Ways and Means. NEY, Mr. MARSHALL, Mr. MCMAHON, organizations to carry out educational pro- By Mr. RUPPERSBERGER (for him- Mr. CHAFFETZ, Mr. FORTENBERRY, Mr. grams about the Holocaust; to the Com- self, Mr. HOYER, Mr. CUMMINGS, Mr. SESTAK, Mr. ACKERMAN, Mr. BARTON mittee on Education and Labor. SARBANES, Mr. KRATOVIL, Mr. VAN of Texas, Mr. CALVERT, Mr. PUTNAM, By Mr. MCHUGH (for himself, Mrs. HOLLEN, Ms. EDWARDS of Maryland, Mr. WOLF, Mr. SESSIONS, Mr. THOMP- MALONEY, Mr. ARCURI, Mr. CHAFFETZ, Mr. BARTLETT, Ms. BORDALLO, Mr. SON of Pennsylvania, Mr. PERRIELLO, Mr. MASSA, Mr. LEE of New York, Mr. BISHOP of Utah, Mr. MCCAUL, Mr. Ms. WATSON, Mr. SMITH of New Jer- SERRANO, Mr. HIGGINS, Mr. MCMAHON, BOCCIERI, Mr. BILIRAKIS, Mr. SHU- sey, Mr. FALEOMAVAEGA, Mr. BUR- Mr. ISRAEL, Mr. KING of New York, STER, Mrs. TAUSCHER, Mr. CHANDLER, GESS, Mr. CLEAVER, Mr. DENT, Mr. Mrs. LOWEY, Mr. ENGEL, and Mr. Mrs. MILLER of Michigan, Mr. WU, HOLT, Mr. ROHRABACHER, Mr. ROYCE, HALL of New York): Ms. KILPATRICK of Michigan, Mr. Mr. NEAL of Massachusetts, Mr. H.R. 2090. A bill to designate the facility of ROTHMAN of New Jersey, Mrs. SCHIFF, Mr. GINGREY of Georgia, Mr. the United States Postal Service located at MYRICK, Mr. OBEY, Mr. SNYDER, Mr. BISHOP of Georgia, Mr. CAO, Mrs. 431 State Street in Ogdensburg, New York, as YOUNG of Florida, Mr. CALVERT, Mr. BONO MACK, Mr. GOHMERT, Mr. the ‘‘Frederic Remington Post Office Build- COBLE, and Mr. PITTS): MORAN of Kansas, Mr. PETRI, Mr. ing’’; to the Committee on Oversight and H.R. 2097. A bill to require the Secretary of KISSELL, Mr. CONAWAY, Mr. SIMPSON, Government Reform. the Treasury to mint coins in commemora- Mr. REYES, and Mr. RUSH): By Mr. MORAN of Virginia: tion of the bicentennial of the writing of the H. Res. 356. A resolution expressing support H.R. 2091. A bill to amend the Internal Rev- Star-Spangled Banner, and for other pur- for the designation of February 8, 2010, as enue Code of 1986 to impose a retail tax on poses; to the Committee on Financial Serv- ‘‘Boy Scouts of America Day’’, in celebration single-use carryout bags, and for other pur- ices. of the Nation’s largest youth scouting orga- poses; to the Committee on Ways and Means, By Mr. TANNER (for himself, Mr. LAR- nization’s 100th anniversary; to the Com- and in addition to the Committee on Natural SON of Connecticut, and Mr. BOU- mittee on Oversight and Government Re- Resources, for a period to be subsequently STANY): form. determined by the Speaker, in each case for H.R. 2098. A bill to amend the Internal Rev- By Mr. HINOJOSA (for himself, Mr. consideration of such provisions as fall with- enue Code of 1986 to extend the look-through BACA, Mrs. BACHMANN, Mr. BACHUS, in the jurisdiction of the committee con- treatment of payments between related con- Mr. BECERRA, Mrs. BIGGERT, Mr. cerned. trolled foreign corporations; to the Com- BILBRAY, Mr. CAMPBELL, Mrs. CAPITO, By Ms. NORTON: mittee on Ways and Means. Mr. CAPUANO, Mr. CARDOZA, Mr. CAS- H.R. 2092. A bill to amend the National By Mr. YOUNG of Alaska (for himself, TLE, Mr. CONYERS, Mr. COSTA, Mr. Children’s Island Act of 1995 to expand allow- Mr. SHULER, Mr. FALEOMAVAEGA, Mr. CUELLAR, Mr. DAVIS of Kentucky, Mr.

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DREIER, Mr. EHLERS, Ms. FUDGE, Mr. WATERS, Ms. WASSERMAN SCHULTZ, H.R. 739: Mr. GRIJALVA and Mrs. MALONEY. GARRETT of New Jersey, Mr. GER- Mr. ELLISON, Mr. CONNOLLY of Vir- H.R. 745: Mr. FORBES. LACH, Mr. GONZALEZ, Mr. AL GREEN of ginia, Mr. GUTHRIE, Mr. CROWLEY, H.R. 764: Mr. CULBERSON. Texas, Mr. BARRETT of South Caro- Ms. MATSUI, Mr. FARR, Mr. DELA- H.R. 785: Mr. GRIFFITH. lina, Mr. GRIJALVA, Mr. GUTIERREZ, HUNT, Mrs. TAUSCHER, and Mr. GRAY- H.R. 795: Mr. OLVER, Mr. MOORE of Kansas, Mr. HIMES, Mr. HODES, Ms. JENKINS, SON): Mr. WEXLER, Mrs. NAPOLITANO, Ms. ROYBAL- Ms. EDDIE BERNICE JOHNSON of Texas, H. Res. 362. A resolution expressing the ALLARD, Ms. KAPTUR, and Mr. NYE. Mr. JONES, Mr. KING of New York, support of the House of Representatives for H.R. 796: Mr. BISHOP of Utah, Ms. SLAUGH- Mr. LEE of New York, Mr. LEWIS of the goals and ideals of the National School TER, Mr. LATOURETTE, Mr. TIM MURPHY of Georgia, Mr. LUJA´ N, Mr. MARCHANT, Lunch Program; to the Committee on Edu- Pennsylvania, Mrs. MCCARTHY of New York, Mrs. MCCARTHY of New York, Mr. cation and Labor. Mr. DOYLE, and Mr. MORAN of Virginia. MCCOTTER, Mr. MCHENRY, Mr. MEEKS By Ms. WOOLSEY (for herself, Ms. LEE H.R. 816: Mr. INSLEE, Ms. DELAURO, Ms. of New York, Mr. MOORE of Kansas, of California, Mr. MARKEY of Massa- EDDIE BERNICE JOHNSON of Texas, Ms. MAR- Mr. MURTHA, Mrs. NAPOLITANO, Mr. chusetts, Mr. CONYERS, and Ms. KEY of Colorado, Mrs. CAPITO, and Mr. ELLS- NEUGEBAUER, Mr. ORTIZ, Mr. PASTOR MOORE of Wisconsin): WORTH. of Arizona, Mr. PIERLUISI, Mr. PRICE H. Res. 363. A resolution calling for the H.R. 836: Mr. SCOTT of Georgia, Mr. LATOU- of Georgia, Mr. PUTNAM, Mr. REYES, adoption of a smart security platform for the RETTE, Mr. MCCLINTOCK, Mr. PUTNAM, Mr. Mr. RODRIGUEZ, Mr. ROSKAM, Ms. 21st century; to the Committee on Foreign GARY G. MILLER of California, Mr. WELCH, ROYBAL-ALLARD, Mr. ROYCE, Mr. Affairs. Mrs. SCHMIDT, Mr. DRIEHAUS, Mr. HERGER, Mr. PAYNE, Mrs. LUMMIS, Mr. MCMAHON, Mr. SABLAN, Mr. SALAZAR, Ms. LINDA T. f SA´ NCHEZ of California, Mr. SERRANO, SOUDER, Mr. WEXLER, Mr. HINOJOSA, Mr. LEE Mr. SESSIONS, Mr. SIRES, Ms. ADDITIONAL SPONSORS of New York, Mrs. MILLER of Michigan, and VELA´ ZQUEZ, Ms. WATSON, Mr. MAN- Under clause 7 of rule XII, sponsors Mr. HONDA. ZULLO, Mr. PAULSEN, and Mr. HEN- H.R. 840: Mr. PASTOR of Arizona, Ms. NOR- were added to public bills and resolu- TON, Mr. TIERNEY, and Mr. MORAN of Vir- SARLING): tions as follows: H. Res. 357. A resolution supporting the ginia. goals and ideals of Financial Literacy Month H.R. 22: Mr. LEE of New York, Mr. AL H.R. 872: Mr. CONNOLLY of Virginia. 2009, and for other purposes; to the Com- GREEN of Texas, Mr. POSEY, Ms. MATSUI, Mr. H.R. 873: Mr. PASTOR of Arizona. mittee on Financial Services. ETHERIDGE, and Mr. DOYLE. H.R. 885: Mr. SCHIFF. By Ms. GINNY BROWN-WAITE of Flor- H.R. 23: Mr. KENNEDY, Mr. GOHMERT, Mr. H.R. 886: Mr. JACKSON of Illinois, Mr. ida: MCGOVERN, Mr. MARCHANT, Ms. ROYBAL- BISHOP of Georgia, Mr. CUMMINGS, and Mr. H. Res. 358. A resolution supporting the ALLARD, Mr. LATOURETTE, and Mr. SESTAK. PAUL. goals and ideals of National Adoption Day H.R. 47: Ms. MOORE of Wisconsin. H.R. 890: Mr. LANCE, Ms. WOOLSEY, Mr. and National Adoption Month by promoting H.R. 52: Mr. FRANK of Massachusetts. SESTAK, Mr. PERRIELLO, and Ms. LEE of Cali- national awareness of adoption and the chil- H.R. 98: Mrs. MYRICK and Mr. ALTMIRE. fornia. dren in foster care awaiting families, cele- H.R. 104: Mr. CAPUANO, Ms. EDWARDS of H.R. 916: Ms. DEGETTE. H.R. 959: Mr. MURTHA and Mr. BRADY of brating children and families involved in Maryland, Ms. KAPTUR, Mrs. DAVIS of Cali- Pennsylvania. adoption, recognizing current programs and fornia, Mr. INSLEE, Mr. ANDREWS, Mr. AL H.R. 978: Ms. RICHARDSON. efforts designed to promote adoption, and en- GREEN of Texas, Mr. FARR, Mr. SCHIFF, Mr. H.R. 984: Mr. HINCHEY. couraging people in the United States to HARE, Mr. MORAN of Virginia, and Ms. H.R. 995: Mr. BOREN, Mr. MCGOVERN, Ms. seek improved safety, permanency, and well- WATERS. SHEA-PORTER, and Mr. MCDERMOTT. being for all children; to the Committee on H.R. 111: Mr. TURNER. H.R. 1016: Mr. PASTOR of Arizona, Mr. DON- Ways and Means. H.R. 144: Mr. SABLAN, Mr. SIRES, and Mr. PAYNE. NELLY of Indiana, and Mr. LARSEN of Wash- By Mr. LATOURETTE: H.R. 182: Ms. CLARKE. ington. H. Res. 359. A resolution providing for the H.R. 197: Mr. BACHUS, Mr. SHULER, and Mr. H.R. 1020: Ms. WOOLSEY, Ms. MOORE of Wis- consideration of the resolution (H. Res. 251) YOUNG of Alaska. consin, Ms. DELAURO, Ms. PINGREE of Maine, directing the Secretary of the Treasury to H.R. 205: Mr. SENSENBRENNER and Mr. Mr. BISHOP of New York, Mr. SMITH of Wash- transmit to the House of Representatives all LUCAS. ington, Mr. RYAN of Ohio, Mr. KANJORSKI, information in his possession relating to spe- H.R. 223: Mr. VISCLOSKY. Mrs. CHRISTENSEN, Mr. MCGOVERN, and Mr. cific communications with American Inter- H.R. 265: Mr. LEWIS of Georgia. ELLISON. national Group, Inc. (AIG); to the Committee H.R. 272: Mr. SHULER, Mr. BONNER, Mr. H.R. 1021: Mr. POSEY. on Rules. TURNER, and Mr. NYE. H.R. 1024: Mr. SMITH of Washington. By Mr. ROE of Tennessee (for himself, H.R. 273: Mr. DAVIS of Alabama. H.R. 1032: Ms. FALLIN. Ms. BORDALLO, Mr. GINGREY of Geor- H.R. 275: Mr. ROYCE, Ms. FOXX, Mr. BOOZ- H.R. 1059: Mr. DUNCAN, Mr. CAO, and Mr. gia, Mr. WAMP, Mr. JONES, Mr. CAL- MAN, and Ms. JENKINS. ROE of Tennessee. VERT, Mr. CHAFFETZ, Mr. LATTA, Mr. H.R. 301: Ms. JENKINS. H.R. 1069: Mr. MORAN of Kansas and Mr. GORDON of Tennessee, Mr. SCALISE, H.R. 422: Mr. ISRAEL, Mr. RYAN of Ohio, and HUNTER. Mr. BOOZMAN, Mr. LAMBORN, Ms. Mrs. TAUSCHER. H.R. 1074: Mr. BURTON of Indiana and Mr. GRANGER, Mr. BILBRAY, Mr. ALEX- H.R. 430: Mr. ALEXANDER. JONES. ANDER, and Mr. BUYER): H.R. 433: Mr. KAGEN and Mr. PAULSEN. H.R. 1118: Mr. FLEMING. H. Res. 360. A resolution urging all Ameri- H.R. 442: Mr. COLE. H.R. 1132: Mr. MASSA, Mr. BURTON of Indi- cans and people of all nationalities to visit H.R. 444: Mr. WAMP, Mr. KING of New York, ana, Mr. ALTMIRE, Mr. REHBERG, Mr. YOUNG the national cemeteries, memorials, and Mr. BUTTERFIELD, and Mr. ALEXANDER. of Alaska, Mr. MARIO DIAZ-BALART of Flor- markers on Memorial Day; to the Committee H.R. 463: Mr. HASTINGS of Florida and Mr. ida, Ms. GRANGER, Mr. DUNCAN, Mr. TIAHRT, on Veterans’ Affairs. CASTLE. Mr. MICA, Mr. KIRK, Mr. MCHENRY, Mr. By Ms. ROS-LEHTINEN (for herself, H.R. 475: Mr. MCDERMOTT. BLUNT, Mr. TIM MURPHY of Pennsylvania, Mr. MEEK of Florida, Mr. HASTINGS of H.R. 482: Mr. PAULSEN. Mrs. TAUSCHER, Mr. GRAVES, Mr. GUTIERREZ, Florida, and Mr. LINCOLN DIAZ- H.R. 510: Mr. TIM MURPHY of Pennsylvania and Mr. ROSS. BALART of Florida): and Mr. COURTNEY. H.R. 1136: Mr. NYE, Mr. CLEAVER, and Ms. H. Res. 361. A resolution recognizing the H.R. 521: Mr. PASTOR of Arizona. DEGETTE. historical significance of Historic Virginia H.R. 564: Ms. CLARKE. H.R. 1142: Ms. BALDWIN. Key Beach Park of Miami, Florida; to the H.R. 626: Mr. PASTOR of Arizona. H.R. 1159: Mr. WEXLER. Committee on Natural Resources. H.R. 627: Mr. PIERLUISI, Mr. TONKO, Mr. H.R. 1180: Mr. BURTON of Indiana, Mr. By Ms. WATSON (for herself, Ms. QUIGLEY, Mr. LARSON of Connecticut, Mr. JONES, Ms. GRANGER, Mr. GOHMERT, and Mr. BORDALLO, Mr. CAO, Ms. CASTOR of NADLER of New York, Mr. BARROW, Mr. CON- GARRETT of New Jersey. Florida, Mr. COSTA, Mr. AL GREEN of NOLLY of Virginia, Ms. FUDGE, and Mr. H.R. 1182: Mr. SESSIONS and Mr. MARCHANT. Texas, Mr. GRIJALVA, Mr. HASTINGS TEAGUE. H.R. 1189: Mr. ALEXANDER. of Florida, Mr. LARSEN of Wash- H.R. 644: Mr. MITCHELL, Mr. ROTHMAN of H.R. 1199: Mr. GARY G. MILLER of Cali- ington, Ms. LEE of California, Mr. New Jersey, Mr. DOGGETT, and Mr. COHEN. fornia. MICHAUD, Mr. PIERLUISI, Mr. REYES, H.R. 653: Mr. KILDEE. H.R. 1204: Mr. KAGEN, Ms. HERSETH SAND- Mr. SERRANO, Mr. SESTAK, Mr. SMITH H.R. 734: Mr. THOMPSON of Pennsylvania, LIN, and Ms. ROYBAL-ALLARD. of Washington, Mr. SIRES, Ms. EDDIE Mr. MANZULLO, Mr. PLATTS, Mrs. DAHL- H.R. 1207: Ms. JENKINS, Mr. GOHMERT, Mr. BERNICE JOHNSON of Texas, Mrs. KEMPER, Mr. MARKEY of Massachusetts, Mr. INGLIS, Ms. KAPTUR, and Mr. JOHNSON of Illi- NAPOLITANO, Mr. KILDEE, Ms. HASTINGS of Florida, and Mr. SCHIFF. nois.

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H.R. 1209: Mr. MCCOTTER. Virginia, Mr. CARSON of Indiana, and Mr. Mr. PENCE, Mr. KISSELL, Mr. LEWIS of Geor- H.R. 1210: Ms. HERSETH SANDLIN and Mr. MCGOVERN. gia, Mr. OLSON, Mr. BARTLETT, and Ms. MAR- PASTOR of Arizona. H.R. 1678: Mr. BROUN of Georgia and Mr. KEY of Colorado. H.R. 1215: Mr. POLIS of Colorado, Mr. RUSH. H. Con. Res. 102: Mr. HASTINGS of Florida, STARK, Mr. ELLISON, and Ms. WOOLSEY. H.R. 1688: Mr. ALTMIRE, Mr. PLATTS, and Ms. BORDALLO, Mr. GRAYSON, and Mr. MEEKS H.R. 1220: Mr. NEUGEBAUER and Mr. PITTS. Mr. WELCH. of New York. H.R. 1228: Mr. TIAHRT. H.R. 1692: Mr. GERLACH and Mr. TIAHRT. H. Res. 22: Mr. DELAHUNT. H.R. 1238: Mr. POSEY. H.R. 1708: Mr. HINCHEY, Mr. KUCINICH, and H. Res. 44: Mr. JONES. H.R. 1247: Mr. DAVIS of Illinois, Mr. WEX- Mr. SCHRADER. H. Res. 85: Mr. CAMPBELL. LER, and Mr. AL GREEN of Texas. H.R. 1712: Mr. FLEMING and Mr. ALEX- H. Res. 109: Mr. CARDOZA. H.R. 1249: Ms. CASTOR of Florida. ANDER. H. Res. 111: Mr. GRIFFITH, Mr. STEARNS, H.R. 1250: Mrs. BACHMANN. H.R. 1717: Mr. CAMP. Mr. LATTA, Mr. KISSELL, Mr. FLEMING, and H.R. 1255: Mr. CAO, Mr. BOOZMAN, and Mr. H.R. 1728: Ms. SUTTON, Mr. MEEK of Flor- Mr. MILLER of North Carolina. LEWIS of Georgia. ida, and Mr. BACA. H. Res. 133: Mr. CONNOLLY of Virginia, Mr. H.R. 1285: Mr. MARIO DIAZ-BALART of Flor- H.R. 1733: Mr. ORTIZ and Mr. MICHAUD. BACA, Mr. ROTHMAN of New Jersey, Mr. SES- ida. H.R. 1740: Mr. PAULSEN, Mr. BACHUS, Mr. TAK, and Mr. TONKO. H.R. 1302: Mr. BOOZMAN. KAGEN, and Mr. HELLER. H. Res. 199: Mr. LAMBORN and Mr. MCKEON. H.R. 1308: Mr. YOUNG of Alaska, Mr. SMITH H.R. 1741: Mr. GRIJALVA. H. Res. 204: Mr. DOGGETT, Mr. MCCAUL, of Washington, and Mr. STARK. H.R. 1744: Mr. SHIMKUS, Mr. SCHOCK, Mr. Mrs. BLACKBURN, Mr. SULLIVAN, Mr. STUPAK, H.R. 1319: Mrs. BLACKBURN. BERRY, Mr. KIRK, Mr. TERRY, and Mr. Mr. BUTTERFIELD, and Mr. TIM MURPHY of H.R. 1326: Mr. HINCHEY. ETHERIDGE. Pennsylvania. H.R. 1332: Mr. KING of New York and Ms. H.R. 1748: Mr. MOORE of Kansas and Mr. H. Res. 215: Mr. ABERCROMBIE and Mr. AL MARKEY of Colorado. WALZ. GREEN of Texas. H.R. 1337: Mr. OLVER. H.R. 1751: Mr. REYES. H. Res. 230: Mr. PASTOR of Arizona. H.R. 1346: Mr. VISCLOSKY, Mr. MELANCON, H.R. 1758: Mr. HARE. H. Res. 249: Mr. MCHUGH. and Mr. GERLACH. H.R. 1775: Mr. ROSS, Mr. COSTELLO, Mr. H. Res. 252: Mr. ANDREWS, Mr. FARR, Ms. H.R. 1351: Mr. THOMPSON of California. PERRIELLO, Mr. CONYERS, Mr. HASTINGS of DEGETTE, Mr. RANGEL, Mr. HOYER, Mr. H.R. 1352: Mr. BOOZMAN, Mr. MANZULLO, Florida, Mr. SABLAN, and Ms. MATSUI. COURTNEY, and Mr. BARTLETT. and Mr. ALTMIRE. H.R. 1782: Mr. CUMMINGS. H. Res. 260: Mr. GORDON of Tennessee, Mr. H.R. 1361: Ms. KILPATRICK of Michigan, Mr. H.R. 1800: Ms. SCHAKOWSKY. DEFAZIO, Mr. BERMAN, and Mr. ALEXANDER. KENNEDY, and Mr. FILNER. H.R. 1802: Mr. FLEMING. H. Res. 283: Mr. ALTMIRE. H.R. 1378: Ms. BALDWIN and Ms. ESHOO. H.R. 1829: Ms. SCHWARTZ, Mr. WEXLER, and H. Res. 299: Mr. TIERNEY, Mr. CAPUANO, Mr. H.R. 1382: Mr. HALL of New York. Mr. DENT. KUCINICH, Mr. DRIEHAUS, Mr. FATTAH, Mr. H.R. 1409: Mr. QUIGLEY. H.R. 1835: Mr. MCINTYRE. OLVER, Mr. GUTIERREZ, Mr. HODES, Mr. H.R. 1412: Ms. WOOLSEY and Mr. BISHOP of H.R. 1836: Mr. MCINTYRE. HONDA, Mr. HOYER, Ms. EDDIE BERNICE JOHN- Georgia. H.R. 1844: Mr. WITTMAN. SON of Texas, Mr. KENNEDY, Mrs. MALONEY, H.R. 1426: Ms. JENKINS. H.R. 1869: Mr. AL GREEN of Texas, Mrs. Mr. MARKEY of Massachusetts, Ms. MCCOL- H.R. 1431: Mr. CHAFFETZ, Mr. SOUDER, Mr. CHRISTENSEN, Mr. DAVIS of Illinois, Ms. MAT- LUM, Mr. MCGOVERN, Ms. MOORE of Wis- CASSIDY, Mr. WESTMORELAND, Mr. CONAWAY, SUI, Mr. GRIJALVA, Mr. SABLAN, Mr. consin, Mr. ORTIZ, Mr. PAYNE, Ms. LINDA T. Mrs. BACHMANN, Mr. MCCLINTOCK, Mr. PIERLUISI, Ms. DELAURO, Mr. LOEBSACK, Mr. SA´ NCHEZ of California, Ms. SCHAKOWSKY, Ms. GINGREY of Georgia, Ms. FALLIN, Mr. PRICE FARR, and Mr. OLVER. SPEIER, Ms. TSONGAS, Ms. WATSON, Mr. of Georgia, Mrs. BLACKBURN, Mr. BROWN of H.R. 1870: Ms. LEE of California. WELCH, Mr. HASTINGS of Florida, Mr. South Carolina, Mr. GARRETT of New Jersey, H.R. 1881: Ms. ROYBAL-ALLARD, Mr. CON- CUELLAR, Mr. SERRANO, Mr. BUTTERFIELD, Mr. ROHRABACHER, Mr. NUNES, and Mr. SIMP- NOLLY of Virginia, Mr. LEWIS of Georgia, Mr. Mr. MCHUGH, and Mr. FLEMING. SON. PIERLUISI, Mr. NADLER of New York, Mrs. H. Res. 300: Mr. BOSWELL, Mr. HALL of H.R. 1441: Mr. BURGESS. MALONEY, Mr. JOHNSON of Georgia, Ms. Texas, Ms. JACKSON-LEE of Texas, Mr. H.R. 1449: Mr. DAVIS of Tennessee and Mr. CORRINE BROWN of Florida, Mr. ABERCROMBIE, MCCARTHY of California, and Mr. SERRANO. PRICE of Georgia. Mr. SMITH of Washington, Mr. AL GREEN of H. Res. 311: Mr. MCDERMOTT and Mr. H.R. 1454: Mr. FORTENBERRY and Mr. GON- Texas, Mr. SCOTT of Virginia, Mr. CUMMINGS, KAGEN. ZALEZ. Mr. MCDERMOTT, Mr. SCHIFF, and Mr. DIN- H. Res. 321: Mrs. NAPOLITANO, and Mr. H.R. 1459: Mr. PAUL. GELL. LUJA´ N. H.R. 1479: Mr. CARNAHAN, Ms. CLARKE, Mr. H.R. 1894: Mr. HASTINGS of Florida, Mrs. H. Res. 331: Ms. BORDALLO, Mr. MITCHELL, CONYERS, and Mr. CUMMINGS. DAHLKEMPER, and Mr. ALTMIRE. Mr. ORTIZ, Ms. CORRINE BROWN of Florida, H.R. 1505: Ms. SCHAKOWSKY and Mr. H.R. 1910: Mr. MCMAHON, Mr. MASSA, and Ms. MATSUI, Mr. DELAHUNT, Mr. GEORGE MIL- FORBES. Ms. ESHOO. LER of California, Mr. THOMPSON of Cali- H.R. 1521: Mr. ALTMIRE and Ms. CLARKE. H.R. 1912: Mr. MCMAHON, Mr. MASSA, and fornia, Mrs. NAPOLITANO, Mr. WEINER, Mr. H.R. 1547: Mr. CHANDLER, Mr. FORTEN- Mr. KIND. FILNER, and Mr. MORAN of Virginia. BERRY, Mr. REHBERG, Mr. WILSON of Ohio, H.R. 1913: Mr. LANGEVIN, Mr. KLEIN of Flor- H. Res. 333: Ms. BALDWIN, Mr. FARR, Ms. Mr. TIAHRT, Mr. PLATTS, Mr. CLAY, Mr. ida, Mr. SHERMAN, Ms. PINGREE of Maine, Mr. EDDIE BERNICE JOHNSON of Texas, and Mr. BISHOP of Georgia, Ms. DEGETTE, Ms. TITUS, INSLEE, Mr. SNYDER, Mr. DAVIS of Illinois, MICHAUD. Mr. BUTTERFIELD, Ms. CLARKE, Ms. MOORE of Mr. WAXMAN, Mr. DOYLE, Ms. HARMAN, Mr. H. Res. 337: Mr. CASSIDY, Mr. FRANKS of Ar- Wisconsin, Mr. ELLISON, Mr. SCOTT of Geor- ROTHMAN of New Jersey, Mr. COOPER, Mr. izona, Mr. SIMPSON, Mr. ROE of Tennessee, gia, Mr. AL GREEN of Texas, Mr. GRAYSON, HINCHEY, and Mr. MCDERMOTT. Mr. LEE of New York, Ms. CLARKE, Ms. and Mr. WATT. H.R. 1920: Mr. BURTON of Indiana, and Mr. HIRONO, Mr. MARIO DIAZ-BALART of Florida, H.R. 1548: Mr. COURTNEY, Ms. SCHWARTZ, SCHOCK. Ms. SLAUGHTER, Mr. SNYDER, Ms. FALLIN, and Mr. MCMAHON. H.R. 1933: Mr. MCINTYRE. and Ms. SPEIER. H.R. 1550: Mr. AL GREEN of Texas and Mr. H.R. 1941: Mr. CHAFFETZ and Ms. BERKLEY. H. Res. 341: Ms. HIRONO, Mr. CARSON of In- HALL of New York. H.R. 1964: Mr. KING of New York. diana, Mr. CONNOLLY of Virginia, Mr. BRALEY H.R. 1551: Ms. DEGETTE and Mr. COHEN. H.R. 1993: Mr. NYE, Mr. SKELTON, and Ms. of Iowa, Mr. MCMAHON, Ms. KILROY, Mr. H.R. 1557: Mr. MCINTYRE. TITUS. ELLSWORTH, Mr. MASSA, Mr. POLIS of Colo- H.R. 1558: Mr. MURPHY of Connecticut. H.R. 2003: Mr. MCDERMOTT and Mr. GRAY- rado, Mr. ROSS, Mr. KAGEN, Mr. BERRY, Mrs. H.R. 1584: Mr. BISHOP of New York. SON. KIRKPATRICK of Arizona, Mr. TOWNS, Mr. H.R. 1604: Mr. SESTAK, Mr. BLUMENAUER, H.R. 2038: Mr. CAMPBELL and Mr. HIMES. LYNCH, Mr. BUTTERFIELD, Mr. PETERSON, Mr. and Mr. HIGGINS. H.R. 2047: Ms. GIFFORDS. BOYD, and Mr. QUIGLEY. H.R. 1606: Mrs. CHRISTENSEN. H.R. 2049: Mr. LARSON of Connecticut and H. Res. 342: Mr. BOUSTANY, Mr. ROGERS of H.R. 1612: Mr. LEWIS of Georgia. Mr. SESSIONS. Michigan, Mr. ROHRABACHER, Mr. SMITH of H.R. 1618: Mrs. MALONEY. H.J. Res. 42: Mr. BLUNT, Mr. MCINTYRE, Mr. New Jersey, Mr. ADERHOLT, Mr. EHLERS, Mr. H.R. 1623: Mr. WOLF. ROGERS of Alabama, Mr. MCHUGH, Mr. DUN- MCCOTTER, Mr. YOUNG of Alaska, Mr. LIN- H.R. 1625: Mr. ROGERS of Kentucky. CAN, Mr. ROONEY, Mr. MILLER of Florida, and COLN DIAZ-BALART of Florida, Ms. LORETTA H.R. 1633: Ms. BORDALLO, Mr. PETERS, and Mr. GOODLATTE. SANCHEZ of California, Ms. BORDALLO, Mr. Mr. CUMMINGS. H. Con. Res. 20: Mr. GRIJALVA and Mr. YAR- CARNEY, Mr. OLSON, Mr. HONDA, Mr. BILI- H.R. 1643: Mr. JACKSON of Illinois, Mr. MUTH. RAKIS, Mr. HUNTER, Mr. POSEY, Mr. LAMBORN, MOORE of Kansas, Mr. RUSH, Mr. THOMPSON H. Con. Res. 49: Mr. BOREN, Mr. ROGERS of Mr. MCCLINTOCK, Mr. ABERCROMBIE, Mr. CAL- of Mississippi, Mr. PAYNE, Mr. CONNOLLY of Michigan, Mr. MARCHANT, Mr. VISCLOSKY, VERT, Mr. LEWIS of California, Mr. MCKEON,

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The Senate met at 9:31 a.m. and was The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- called to order by the Honorable pore. The clerk will report the bill by pore. Is there objection? KIRSTEN E. GILLIBRAND, a Senator from title. Mr. MCCONNELL. Reserving the the State of New York. The legislative clerk read as follows: right to object, let me say to my good A bill (H.R. 1664) to amend the executive friend the majority leader, there is at PRAYER compensation provisions of the Emergency least one Member on my side who is The Chaplain, Dr. Barry C. Black, of- Economic Stabilization Act of 2008 to pro- not yet prepared to clear this matter. fered the following prayer: hibit unreasonable and excessive compensa- Therefore, I must, for the moment, ob- Let us pray. tion and compensation not based on perform- ject. Loving Lord, who rules the raging of ance standards. The ACTING PRESIDENT pro tem- the sea, make us aware of how near Mr. REID. Madam President, I object pore. Objection is heard. You are to us at all times. May this to any further proceedings at this Mr. REID. Madam President, we un- knowledge bring us peace and inspire time. derstood that the ranking member of us to look to You for guidance. Refresh The ACTING PRESIDENT pro tem- the Environment and Public Works our Senators with Your spirit. Quicken pore. Objection having been heard, the Committee—the committee that re- their thinking and reinforce their judg- bill will be placed on the calendar. ported this—was the individual holding ment. Empower them to conserve and this up, so I talked to Senator INHOFE. f strengthen the best and holiest of our We had a good conversation. I called American heritage. Lord, help them to SCHEDULE him back and he said he had no prob- remember that righteousness exalts a Mr. REID. Madam President, fol- lem with Mr. Strickland. Obviously, nation but sin will destroy any people. lowing leader remarks, the Senate will this has been rolling around and some- In all their labors, inspire our law- resume consideration of S. 386, the body else has put a snag on it. makers to fulfill Your purposes. Fraud Enforcement and Recovery Act. I would now ask my friend, the Re- We pray in Your strong Name. Amen. There are currently six amendments publican leader, if I ask unanimous f pending. One of those amendments is a consent for 4 hours of debate on this in- PLEDGE OF ALLEGIANCE second-degree amendment. dividual, would there be an objection The Honorable KIRSTEN E. GILLI- When the Senate resumes consider- to this? Mr. MCCONNELL. Madam President, BRAND led the Pledge of Allegiance, as ation of this bill this morning—I as- I would say to my friend, the majority follows: sume there will be no morning busi- leader, that I am not able, at this par- I pledge allegiance to the Flag of the ness, so whenever Senator MCCONNELL ticular time, to enter into an agree- United States of America, and to the Repub- and I finish—Senator LEAHY will be lic for which it stands, one nation under God, ment on this nomination. here to work with the manager on the indivisible, with liberty and justice for all. Mr. REID. Madam President, that is Republican side and Republicans and f very unfortunate, but I understand. Democrats on a time to vote on pend- I now ask unanimous consent, as in APPOINTMENT OF ACTING ing amendments. Those votes, we hope, PRESIDENT PRO TEMPORE executive session, that at a time to be will occur this morning. determined by the majority leader, fol- The PRESIDING OFFICER. The As I announced earlier, we are going lowing consultation with the Repub- clerk will please read a communication to turn to the House message with re- lican leader, the Senate proceed to ex- to the Senate from the President pro spect to the budget resolution, which is ecutive session to consider Calendar tempore (Mr. BYRD). basically an apparatus to get us to con- The legislative clerk read the fol- No. 62, the nomination of Kathleen ference on this matter, and we will do Sebelius to be Secretary of Health and lowing letter: that sometime this afternoon. Senator U.S. SENATE, Human Services; that there be 5 hours MCCONNELL and I have to go to the PRESIDENT PRO TEMPORE, of debate with respect to this nomina- Washington, DC, April 23, 2009. White House this afternoon, so we will tion, with the time equally divided and To the Senate: have all that worked out before we go controlled between the leaders or their Under the provisions of rule I, paragraph 3, down there. Senators should be pre- designees; that upon the use or yield- of the Standing Rules of the Senate, I hereby pared for votes in relation to the mo- ing back of that time, the Senate pro- appoint the Honorable KIRSTEN E. GILLI- tions to instruct conferees this after- ceed to a vote on confirmation of Kath- BRAND, a Senator from the State of New noon. York, to perform the duties of the Chair. leen Sebelius; that upon confirmation, ROBERT C. BYRD, f the normal procedure of the Senate be President pro tempore. UNANIMOUS CONSENT REQUESTS— followed and that following that we re- Mrs. GILLIBRAND thereupon as- EXECUTIVE CALENDAR sume legislative session. sumed the chair as Acting President The ACTING PRESIDENT pro tem- Mr. REID. Madam President, at this pro tempore. pore. Is there objection? time, I ask unanimous consent that the Mr. MCCONNELL. Madam President, f Senate proceed to executive session to reserving the right to object, this nom- RECOGNITION OF THE MAJORITY consider Calendar No. 56, the nomina- ination came out of committee yester- LEADER tion of Thomas L. Strickland to be As- day. It was fairly contentious. It was The ACTING PRESIDENT pro tem- sistant Secretary for Fish and Wildlife; not a party-line vote, but a number of pore. The majority leader is recog- that the nomination be confirmed and Members on my side opposed the nomi- nized. the motion to reconsider be laid upon nation. So at least for today, I am not the table; that no further motions be in f able to enter into a consent agreement order; that any statements relating to on a time specific to consider the nom- MEASURE PLACED ON THE this nomination be printed in the ination of Governor Sebelius. I object. CALENDAR—H.R. 1664 RECORD; that the President be imme- The ACTING PRESIDENT pro tem- Mr. REID. Madam President, it is my diately notified of the Senate’s action, pore. Objection is heard. belief that H.R. 1664 is due for a second and the Senate then resume legislative Mr. REID. Madam President, we need reading and is at the desk. session. not quibble on the time. It came out

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

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Tuesday or Wednesday, and I under- FRAUD ENFORCEMENT AND LEY will speak to that amendment. stand people may want to look at this RECOVERY ACT OF 2009 Most of the amendments that have more closely. That is fine. It appears to The ACTING PRESIDENT pro tem- been offered, almost all the remaining me it wouldn’t do me any good or the pore. Under the previous order, the amendments pending, aren’t within the Senate any good to ask for more time Senate will resume consideration of S. jurisdiction of the Judiciary Com- at this time. No matter what time I set 386, which the clerk will report. mittee, they are within the jurisdiction aside, the Republican leader couldn’t The legislative clerk read as follows: of the Banking Committee, and I look forward to the leadership of that com- agree now? A bill (S. 386) to improve enforcement of Mr. MCCONNELL. I would say to my mortgage fraud, securities fraud, financial mittee—the committee of jurisdic- friend, the majority leader, I cannot institution fraud, and other frauds related to tion—with respect to guidance on those today agree to a time specific for con- federal assistance and relief programs, for amendments. sideration of this nomination. the recovery of funds lost to these frauds, In my view, it would have been better Mr. REID. Madam President, we have and for other purposes. if Senators had withheld their amend- another individual who we feel should The Senate resumed consideration of ments and waited to offer them on the be approved, David Hayes, to be Deputy the bill. housing and banking legislation that is Secretary of the Interior. I would ask Pending: going to be considered next week by my friend, the Republican leader, if we Reid amendment No. 984, to increase fund- the Senate. Then you would have at suggested 3 hours of debate under the ing for certain HUD programs to assist indi- least had a bill that was relevant to conditions I outlined for the other two, viduals to better withstand the current the amendments. But, of course, every is the Republican leader in a position mortgage crisis. Senator can do whatever he or she to agree to have this nomination? Inhofe amendment No. 996 (to amendment wants to. Now, the banking/housing No. 984), to amend title 4, United States amendments that have been added to Mr. MCCONNELL. Madam President, Code, to declare English as the national lan- I would say to my good friend, the ma- this Judiciary bill will complicate pas- guage of the Government of the United sage and enactment of what everyone jority leader, not at this time. States. agrees is needed—the fraud enforce- f Vitter amendment No. 991, to authorize and remove impediments to the repayment ment legislation. I think that is unfor- RECOGNITION OF THE of funds received under the Troubled Asset tunate. REPUBLICAN LEADER Relief Program. Among the examples are amend- The ACTING PRESIDENT pro tem- Boxer amendment No. 1000, to authorize ments affecting the use of TARP funds. monies for the special inspector general for Modifying the Troubled Asset Relief pore. The Republican leader is recog- the Troubled Asset Relief Program to audit nized. Program is a complicated matter. I and investigate recipients of nonrecourse wish it were not complicating this bill. f Federal loans under the Public Private In- I have no problem with such amend- vestment Program and the Term Asset Loan HOLOCAUST DAYS OF Facility. ments being on a bill that actually re- REMEMBRANCE Kyl amendment No. 986, to limit the lates to TARP, but this one does not. Mr. MCCONNELL. Madam President, amount that may be deducted from proceeds Indeed, in the 6 weeks, the month and later this morning, President Obama due to the United States under the False a half since the fraud enforcement bill will speak at a Days of Remembrance Claims Act for purposes of compensating pri- was reported by the Judiciary Com- vate intervenors to the greater of $50,000,000 mittee, my staff and I reached out to ceremony here in the Capitol Ro- or 300 percent of the expenses and cost of the tunda—an annual event that was estab- Senators and no one raised these TARP intervenor. issues. Had they, we would have en- lished by Congress as a living memo- Coburn amendment No. 982, to authorize rial to the victims of the Holocaust. the use of TARP funds to cover the costs of gaged with Chairman DODD and Sen- Throughout the week, Louisville, Lex- the bill. ator SHELBY and tried to work them ington, and other communities in Ken- The ACTING PRESIDENT pro tem- out as best we could in the proper set- tucky and the Nation have held events pore. The Senator from Vermont. ting. to commemorate this solemn occasion. Mr. LEAHY. Madam President, what The Obama administration has re- As we remember the terrible is the parliamentary situation? formed the TARP process. It is doing sufferings of the Jewish people and all The ACTING PRESIDENT pro tem- its best to get a handle on the use of others who have suffered and who con- pore. The Senate is considering S. 386, these funds. I intend to look to their tinue to suffer at the hands of hatred to which six amendments are pending. views and to those of Chairman DODD, and intolerance, we spread one of the Mr. LEAHY. I thank the Chair. but I believe complicating passage of most enduring lessons of the Holo- Madam President, yesterday, when this fraud enforcement bill with those caust—that evil exists in the world and we were finally allowed to proceed to issues is not helpful. Nonetheless, we it is the responsibility of free and just the Fraud Enforcement and Recovery will do what we have to in order to nations to protect the innocent by Act, we began making real progress. complete this process. The Obama administration’s State- speaking for all those who cannot Ten amendments were offered during ment of Administration Policy ex- speak for themselves. the course of the day, four amendments presses their strong support for enact- The theme of the 2009 Days of Re- were adopted, and six remain pending. ment of the underlying fraud enforce- membrance is ‘‘Never Again: What You I believe, had we not stopped voting at ment bill. They note: Do Matters.’’ Those words should serve 5 o’clock, we could have finished the bill and passed it last night. As things Its provisions would provide Federal inves- as a reminder to all of us that anti- tigators and prosecutors with significant Semitism and other forms of religious stand, we hope to dispose of the six re- new criminal and civil tools and resources hatred are as real today as they were maining amendments through the that would assist in holding accountable in the middle of the last century and course of this morning. We should com- those who committed financial fraud. that the best way to honor the victims plete Senate consideration of the bill To give an idea, the Justice Depart- of the Holocaust is for us to work to- without further delay. ment, the FBI, the Secret Service, the ward building a more hopeful and a I should note that the number of Sen- Special Inspector General for the more peaceful world. ators who have cosponsored this bill TARP, law enforcement officers, good I yield the floor. continue to grow—now at 17 Senators. government advocates—all support the f Most of the Senators who offered underlying bill. The New York Times amendments yesterday praised the un- RESERVATION OF LEADER TIME wrote last weekend: derlying bill. I think we have only one Senators should not be asking if the ex- The ACTING PRESIDENT pro tem- pending amendment that regards the penditure on fraud enforcement called for in pore. Under the previous order, the underlying bill; only one that actually this bill is affordable, but whether it is leadership time is reserved. directly relates to it. Senator GRASS- enough.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10504 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 Fraud has damaged our economy. It agents ‘‘to investigate mortgage fraud The amendment is as follows: has wrecked the lives and life savings and white collar crime,’’ and more Fed- (Purpose: To require the Secretary of the of thousands of hardworking Ameri- eral prosecutors and civil attorneys Treasury to use any amounts repaid by a cans. That is why this bill should not ‘‘to protect investors, the market, and financial institution that is a recipient of be complicated with a lot of extraneous the Federal Government’s investment assistance under the Troubled Assets Re- material that is not in the jurisdiction of resources in the financial crisis, and lief Program for debt reduction) of this bill. We have people around this the American public.’’ At the end of the bill, add the following: country facing economic crises. They As taxpayers, we all have a stake in TITLE II—DEBT REDUCTION PRIORITY are preyed upon by some of these mort- this. If these people are able to get ACT gage fraud groups. They promise to away with their fraud, if they are able SEC. 21. SHORT TITLE. help them out of any kind of a mort- to get away with siphoning off this This title may be cited as the ‘‘Debt Re- gage difficulty they have and then they money, we taxpayers pay the bill in the duction Priority Act’’. steal their retirement accounts. They long run. Those who are hit with the SEC. 22. FINDINGS. fraud pay far more than that. They Congress finds the following: steal the money they may have saved (1) On October 7, 2008, Congress established for their children to go to college. They may pay with their life savings, with the Troubled Assets Relief Program (TARP) steal the equity in their homes. Then their homes, with everything they have as part of the Emergency Economic Sta- they disappear, so people are left with ever worked for. bilization Act (Public 110-343; 122 Stat. 3765) no homes, no equity, no retirement ac- This bipartisan Fraud Enforcement and allocated $700,000,000,000 for the purchase counts. If they saved money for their and Recovery Act is a chance to au- of toxic assets from banks with the goal of children to go to college, there is no thorize the necessary additional re- restoring liquidity to the financial sector money there, and the people who have sources to detect, fight, and deter fraud and restarting the flow of credit in our mar- that robs the American people and the kets. committed the fraud get away. (2) The Department of Treasury, without On those occasions when sometimes American taxpayers of their funds. In- consultation with Congress, changed the pur- they are chased down, they may actu- vesting resources in detecting and de- pose of TARP and began injecting capital ally face a fine. But if they have stolen terring fraud yields dividends for the into financial institutions through a pro- $200 million and get a $10 million fine— American people. That is what this bill gram called the Capital Purchase Program big deal. It is the cost of doing busi- would do, and we should pass it with- (CPP) rather than purchasing toxic assets. ness. But if we have very tough legisla- out further delay. (3) Lending by financial institutions was tion that allows the Justice Depart- I want my colleagues to know, at not noticeably increased with the implemen- ment and others to go in right at the some point, if people are not here to tation of the CPP and the expenditure of $250,000,000,000 of TARP funds, despite the get-go, to be able to go in and go after offer amendments, we will call up and goal of the program. these people and make it very clear: If vote on the amendments that are pend- (4) The recipients of amounts under the you are involved in this kind of fraud, ing and then go to final passage. I CPP are now faced with additional restric- if you are involved in this kind of know the Democratic and Republican tions related to accepting those funds. theft, you are not going to get a fine, leaders talked about a budget matter (5) A number of community banks and you are going to go to prison, then that has to come up that will probably large financial institutions have expressed they are going to pay attention. take us into the evening. I am trying their desire to return their CPP funds to the I can tell you from my own experi- to save the time of all Senators, so I Department of Treasury and the Department has begun the process of accepting receipt of ence as a prosecutor, I know fines in urge Senators to come because at some such funds. this kind of fraud situation do not point everything that is pending is (6) The Department of the Treasury should serve as much of a deterrent. But if we going to be called up and is going to be not unilaterally determine how these re- are able to send in the police to arrest voted on up or down. I would at least turned funds are spent in the future and the these people, and they know they are like to have the Senators on the floor Congress should play a role in any deter- going to spend years behind bars, then who are sponsoring them. Then we will mination of future spending of funds re- they start paying attention. That is go to final passage. turned through the TARP. the only thing that really does it, and I suggest the absence of a quorum. SEC. 23. DEBT REDUCTION. that is the only thing that is going to The ACTING PRESIDENT pro tem- (a) IN GENERAL.—Title I of the Emergency protect these Americans, American pore. The clerk will call the roll. Economic Stabilization Act of 2008 (12 U.S.C. The legislative clerk proceeded to 5211 et seq.) is amended by adding at the end taxpayers, honest, hardworking men the following: and women—the only thing that is call the roll. Mr. THUNE. Madam President, I ask ‘‘SEC. 137. DEBT REDUCTION. going to protect them from losing ev- ‘‘Not later than 30 days after the date of erything they have in a downturn in unanimous consent that the order for enactment of this section, the Secretary of the economy. the quorum call be rescinded. the Treasury shall deposit any amounts re- We should pass this bill without fur- The ACTING PRESIDENT pro tem- ceived by the Secretary for repayment of fi- ther delay. We should move to the task pore. Without objection, it is so or- nancial assistance or for payment of any in- of helping law enforcement find and dered. terest on the receipt of such financial assist- hold accountable those who engage in AMENDMENT NO. 1002 ance by an entity that has received financial such fraudulent conduct. This should Mr. THUNE. Madam President, I ask assistance under the TARP or any program enacted by the Secretary under the authori- be fairly easy. We can pass this bill and unanimous consent that amendment ties granted to the Secretary under this Act, say: We are against crime, we are No. 1002 to the bill be brought up and including the Capital Purchase Program, in against fraud, we want the good guys made pending. the Public Debt Reduction Payment Account to win, we want the bad guys to go to The ACTING PRESIDENT pro tem- established under section 3114 of title 31, jail. It is as simple as that. That is why pore. Without objection, it is so or- United States Code.’’. there are Republicans and Democrats dered. SEC. 24. ESTABLISHMENT OF PUBLIC DEBT RE- who support this—across the political The clerk will report. DUCTION PAYMENT ACCOUNT. spectrum. The legislative clerk read as follows: (a) IN GENERAL.—Subchapter I of chapter 31 of title 31, United States Code, is amended Strengthening fraud enforcement is a The Senator from South Dakota [Mr. by adding at the end the following new sec- THUNE] proposes an amendment numbered key priority for President Obama. Dur- tion: ing the campaign the President prom- 1002. ‘‘§ 3114. Public Debt Reduction Payment Ac- ised to ‘‘crack down on mortgage fraud Mr. THUNE. I ask unanimous con- count sent that the reading of the amend- professionals found guilty of fraud by ‘‘(a) There is established in the Treasury of increasing enforcement and creating ment be dispensed with. the United States an account to be known as new criminal penalties.’’ The ACTING PRESIDENT pro tem- the Public Debt Reduction Payment Account The President made good in his pore. Without objection, it is so or- (hereinafter in this section referred to as the promise in his budget, calling on FBI dered. ‘account’).

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In addition, the statutory rity, or to redeem or buy before maturity, tion Act—or TARP—and allocated $700 debt limit is automatically reduced by any obligation of the Government held by any amount equal to funds that are de- the public and included in the public debt. billion for the purchase of toxic assets Any obligation which is paid, redeemed, or from banks with the goal of restoring posited in this account. bought with amounts from the account shall liquidity to the financial sector and re- I think the amendment is very be canceled and retired and may not be re- starting the flow of credit in our mar- straightforward, and it really is di- issued. Amounts deposited in the account are kets. rected at ensuring that the taxpayer appropriated and may only be expended to The Department of Treasury, with- dollars that were allocated for the carry out this section. out consultation from Congress, TARP program, which, as I said before, ‘‘(c) There shall be deposited in the ac- was about $700 billion last fall, much of count any amounts which are received by changed the purpose of the TARP and the Secretary of the Treasury pursuant to began injecting capital into financial which has been expended but much of section 137 of the Emergency Economic Sta- institutions through a program called which now is in the process of being re- bilization Act of 2008. The funds deposited to the Capital Purchase Program rather paid, assuming, again, the mechanism this account shall remain available until ex- than purchasing toxic assets. is put in place to allow the Treasury to pended. Financial lending was not increased take receipt of funds that banks wish ‘‘(d) The Secretary of the Treasury and the with the implementation of CPP, and to repay, TARP funds which they wish Director of the Office of Management and to repay—with that money coming into Budget shall each take such actions as may the expenditure of $218 billion of TARP be necessary to promptly carry out this sec- funds disputes the goal of the program. the Treasury—and as I said before, Sec- tion in accordance with sound debt manage- Those receiving funding through the retary Geithner earlier this week indi- ment policies. CPP are now faced with additional re- cated that it would probably be about ‘‘(e) Reducing the debt pursuant to this strictions related to accepting that $25 billion, at least that we know of section shall not interfere with the debt funding. now, and there are predictions that it management policies or goals of the Sec- A number of community banks and could be much more, that money comes retary of the Treasury.’’. (b) CONFORMING AMENDMENT.—The chapter large financial institutions have ex- back into the Treasury and could be re- analysis for chapter 31 of title 31, United pressed their desire to return their cycled, reused—what we want to do and States Code, is amended by inserting after CPP funds to the Department of Treas- what my amendment does is it ensures the item relating to section 3113 the fol- ury, and Treasury has begun the proc- that those TARP funds that are repaid lowing: ess of accepting receipt of those funds. by banks actually go to reduce the pub- ‘‘3114. Public debt reduction payment ac- However, because of the financial lic debt. count’’. stress test Treasury is currently con- We know we have incurred an enor- SEC. 25. REDUCTION OF STATUTORY LIMIT ON ducting, it is possible that Treasury mous amount of debt. In fact, the in- THE PUBLIC DEBT. spector general, Neil Barofsky, stated Section 3101(b) of title 31, United States will restrict banks from returning Code, is amended by inserting ‘‘minus the funds they received from the CPP. in his quarterly report to Congress aggregate amounts deposited into the Public In his testimony before the TARP that 12 separate programs are being Debt Reduction Payment Account pursuant Congressional Oversight Panel on April funded under TARP, involving up to $3 to section 3114(c)’’ before ‘‘, outstanding at 21, 2009, earlier this week, Secretary trillion of Government and public one time’’. Geithner stated that Treasury esti- funds. Amazingly, that is equivalent to SEC. 26. OFF-BUDGET STATUS OF PUBLIC DEBT mates $134.6 billion of TARP funds are the size of the entire Federal budget. REDUCTION PAYMENT ACCOUNT. This is certainly not what I believe Notwithstanding any other provision of still available. What is important law, the receipts and disbursements of the about that figure is he includes $25 bil- Congress intended or was told, for that Public Debt Reduction Payment Account es- lion which they expect to receive back matter, the funding would be used for. tablished by section 3114 of title 31, United from banks under CPP. Geithner also So Congress needs to have a role in States Code, shall not be counted as new stated that he believed $25 billion is a this. If the administration wants addi- budget authority, outlays, receipts, or def- conservative number, and private ana- tional authority under TARP, they icit or surplus for purposes of— lysts predict more will be returned. should come here. Congress retains, (1) the budget of the United States Govern- Section 120 of the Emergency Sta- under the Constitution, the power of ment as submitted by the President, (2) the congressional budget, or bilization Act terminated the author- the purse. (3) the Balanced Budget and Emergency ity for TARP funds on December 31, What this amendment simply does is Deficit Control Act of 1985. 2009, and the Secretary can request an directs those funds that come back in SEC. 27. REMOVING PUBLIC DEBT REDUCTION extension to the deadline not later as a result of repayments by banks of PAYMENT ACCOUNT FROM BUDGET than 2 years after enactment. Keep in TARP funds into the Federal Treasury, PRONOUNCEMENTS. mind that this restriction only applies that those funds go toward reducing (a) IN GENERAL.—Any official statement to Treasury’s issuance of new loans and the Federal debt, which, as we all issued by the Office of Management and Budget, the Congressional Budget Office, or does not cover the reuse of previously know, based on the budget that was any other agency or instrumentality of the issued assistance that was returned to passed a couple of weeks ago, is going Federal Government of surplus or deficit to- the Treasury. to double in 5 years and triple in 10, at tals of the budget of the United States Gov- Essentially, to summarize what my a rate of $1 trillion a year. The average ernment as submitted by the President or of amendment does, it requires Treasury deficit over the next 10 years, by the the surplus or deficit totals of the congres- to use any of the funds that are recov- end of the 10-year period, will amount sional budget, and any description of, or ref- ered through TARP to reduce the na- to $17 trillion. The very least we can do erence to, such totals in any official publica- tion or material issued by either of such Of- tional debt. Basically, this amendment for the taxpayers of this country is en- fices or any other such agency or instrumen- prevents the Treasury from reallo- sure that TARP funds that are repaid tality, shall exclude the outlays and receipts cating money for other purposes. The by banks, the taxpayer dollars that of the Public Debt Reduction Payment Ac- amendment establishes the public debt were extended to help recapitalize the count established by section 3114 of title 31, reduction payment account and re- banks, when those are no longer nec- United States Code. quires Treasury to deposit any essary and banks give that money back (b) SEPARATE PUBLIC DEBT REDUCTION PAY- amounts received from repayment of to the Treasury, Treasury receives MENT ACCOUNT BUDGET DOCUMENTS.—The ex- cluded outlays and receipts of the Public financial assistance through TARP that, that those funds not be recycled, Debt Reduction Payment Account estab- into this account. The Secretary of the reused, go to some discretionary pro- lished by section 3114 of title 31, United Treasury must use the money in the gram to fund other programs of Gov- States Code, shall be submitted in separate public debt reduction payment account ernment, but that they be used to re- budget documents. to pay, redeem, or buy any Govern- duce the Federal debt. I believe the Mr. THUNE. Madam President, on ment obligation included in the public taxpayers deserve that. This amend- October 7, 2008, Congress passed the debt. The obligations paid, redeemed, ment, No. 1002, would do that. So I

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10506 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 would hope my colleagues will support on the American taxpayers, something Vermont, my amendment would pre- it and, in my view, make it very clear for which all of us have made speeches vent funds from being reused, recycled, that tax dollars expended under TARP, that we are in favor of stopping them— that were directed to debt reduction. I when repaid, are going to go to debt re- newspapers from the right to the left guess my short answer, without having duction and not be used for some other have editorialized in favor of stopping reviewed the Coburn amendment care- Federal Government program. them—let’s be honest and actually pass fully, would be, I suspect, that they are That is what the amendment does. I a bill that does it. The message amend- probably mutually exclusive. would urge my colleagues to support it. ments should wait until an appropriate Mr. LEAHY. I thank the Senator. I I yield the remainder of my time. bill that has something to do with have read it carefully, and that was my The ACTING PRESIDENT pro tem- them. conclusion. This is a matter more in pore. The Senator from Vermont. I am also trying to help Senators. We line with the Banking Committee, and Mr. LEAHY. Madam President, I are going to complete this bill before I will let them speak to it. This is un- thank my friend from South Dakota we go to budget matters. We can com- precedented, that we have amendments for his courtesy in talking to me first plete it easily by noon. As Senators on bills, whether this one or others, about the amendment. As I pointed out know, I have supported Republican that are mutually exclusive. I did note to him, these are matters before the amendments that came up yesterday. that. I thank my friend from South Da- Banking Committee. The Judiciary They have all been accepted, including kota for his comments. Committee has really got nothing to do an amendment by Senator GRASSLEY I yield the floor. with it, the same as many of these. I and myself. But we want to complete The ACTING PRESIDENT pro tem- will wait for Senator DODD and Senator this legislation. I am perfectly willing pore. The Senator from South Caro- SHELBY to respond; I will not. to stay here all night long to finish lina. I am going to make a unanimous con- this and the budget. But every hour we AMENDMENT NO. 994 sent request. I have notified both sides take on this is an hour longer on the Mr. DEMINT. I ask unanimous con- of this. There is a Boxer-Snowe amend- budget. It is somewhat frustrating that sent to set aside the pending amend- ment No. 1000. I ask unanimous consent Senators who have a concern can’t find ment and call up amendment No. 994. that at 10:50—I realize it is going to be time to show up on the floor. Senators The ACTING PRESIDENT pro tem- objected to, but I am trying to save from both sides of the aisle don’t have pore. Without objection, it is so or- both Republicans and Democrats from time to show up on the floor on a bill dered. being here until 2 o’clock tomorrow which we were notified 3 weeks ago was The clerk will report. morning because of the bill that comes going to be on the floor at this time. I The bill clerk read as follows: up after this. I ask unanimous con- urge them to do so. Because as soon as The Senator from South Carolina [Mr. sent—and if this is objected to, I will these amendments are disposed of one DEMINT] proposes an amendment numbered repeat the request later on—that at way or the other, we will go to final 994. 10:50 the pending business be set aside, passage. Mr. DEMINT. I ask unanimous con- the Boxer-Snowe amendment No. 1000 I yield the floor. sent that reading of the amendment be The ACTING PRESIDENT pro tem- be brought up, there be 8 minutes of de- dispensed with. pore. The Senator from South Dakota. bate evenly divided before a vote, and Mr. THUNE. I appreciate the obser- The ACTING PRESIDENT pro tem- that it then be in order to go to a roll- vations of the Senator from Vermont. pore. Without objection, it is so or- call vote on the amendment. It is a bill that is broadly supported. I dered. The ACTING PRESIDENT pro tem- understand the objection he will raise The amendment is as follows: pore. Is there objection? with respect to his committee’s juris- (Purpose: To prohibit the use of Troubled Mr. DEMINT. I object. diction and what the bill covers. Asset Relief Program funds for the pur- The ACTING PRESIDENT pro tem- With regard to my amendment, there chase of common stock, and for other pur- poses) pore. Objection is heard. is a connection between the underlying Mr. LEAHY. I have been advised that bill and what we are trying to accom- At the appropriate place, insert the fol- lowing: there would be an objection because plish. I previously referenced the in- SEC. ll. LIMITATION ON USE OF TARP FUNDS. they have not heard from the Banking spector general’s report about 12 sepa- Committee, from Senator DODD and Notwithstanding any other provision of rate programs being funded under law, on and after April 22, 2009, no funds Senator SHELBY. I would urge them to TARP that involve up to $3 trillion in come to the floor so we can move for- made available to carry out the Troubled government and public funds. Bear in Asset Relief Program may be used for the ac- ward, as most of the amendments pend- mind, this report spans 247 pages. In quisition of ownership of the common stock ing or about to be pending have abso- that report, it says the very character of any financial institution assisted under lutely nothing to do with the jurisdic- of the bailout program makes it ‘‘in- title I of the Emergency Economic Stabiliza- tion of the Judiciary Committee, have herently vulnerable to fraud, waste, tion Act of 2008, either directly or through a nothing to do with the jurisdiction of and abuse, including significant issues conversion of preferred stock or future direct capital purchases. the bill on the floor, have everything related to conflicts of interest facing to do with a bill that is coming up next fund managers, collusion between par- Mr. DEMINT. Madam President, our week from the Banking Committee. So ticipants, and vulnerabilities to money economy has shed 3.3 million jobs in I would urge the Banking Committee laundering.’’ the last 5 months. The Dow Jones is to come to the floor and speak to the I believe this amendment is related down 25 percent since September. When amendments that are all within the ju- to the underlying bill which deals with the bank bailout or TARP was con- risdiction of their committee. fraud recovery. The inspector general’s ceived, it was conceived, ironically, to I mention this because if we don’t, report bears that out. save the market. We had been told by the other alternative is to accept ev- Mr. LEAHY. Madam President, while both President Bush and President erything and go immediately to final the Senator from South Dakota is in Obama that we needed this massive passage. I don’t think that would be re- the Chamber, if I may ask him a ques- spending in order to get the financial sponsible because then the fraud bill tion, we also have amendment No. 982 markets working again and the econ- that virtually everybody in this body, offered by Senator COBURN which al- omy moving. It has been 6 months Republicans and Democrats, supports lows the unused TARP funds to pay for since Congress gave away $700 billion is going to die because it won’t go past the Fraud Enforcement and Recovery to the Bush administration with essen- the other body. I realize every Senator Act. I ask the Senator if the Coburn tially no strings attached. The Obama has a right to offer any amendment he amendment and his amendment are administration has, unfortunately, or she wants, but at some point we mutually exclusive? continued conducting massive and have to be realistic. If we are against Mr. THUNE. In response, Madam risky experiments in central planning the people who are committing fraud President, to the Senator from since taking control of the TARP in

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10507 January. We need to remember that we cerned, alarmed by the amount of The PRESIDING OFFICER. Is there have yet to use this money the way it spending, all these bailouts, the re- objection? was promised. warding of failure, the debt we are cre- Without objection, it is so ordered. We were told, when this money was ating. We saw about a million Ameri- The clerk will report. requested during the last months of the cans last week in numerous tea parties The bill clerk read as follows: Bush administration, that if we didn’t across the country take to the streets, The Senator from Oklahoma [Mr. COBURN] have all this money to buy the toxic hold up their signs, express to their proposes an amendment numbered 983. assets, the world financial market elected officials that we need to stop Mr. COBURN. Mr. President, I ask would collapse. I am afraid we were not this out-of-control spending and waste unanimous consent that reading of the told the truth. Clearly, the world fi- going on in Washington. Loaning banks amendment be dispensed with. nancial market did not collapse, al- money temporarily is one thing. It is The PRESIDING OFFICER. Without though it continues to have trouble. something I oppose because I have seen objection, it is so ordered. But we did not buy up any of the toxic government operate long enough to The amendment is as follows: assets, and the world financial market know that it can’t do it effectively. It (Purpose: To require the Inspector General of didn’t collapse. The Bush administra- can’t do it without waste and fraud and tion—and now the Obama administra- the Federal Housing Finance Agency to in- corruption. vestigate and report on the activities of tion—set about figuring out different Our own Treasury Department has Fannie Mae and Freddie Mac that may ways to use the money rather than ad- now told us that. We can’t put this have contributed to the current mortgage mitting the ideas they had were not much money out there without bad crisis) right. things happening. We need to let the At the appropriate place, insert the fol- Sixteen of the 19 banks that received market work. If we have banks that lowing: the largest amounts of this TARP are too sick to succeed, then we need SEC. llll. IG REPORT ON ACTIVITIES OF money are loaning less now than they to allow them to fail while we protect FANNIE MAE AND FREDDIE MAC. did when the money was provided. We the depositors in that bank. Not later than 18 months after the date of received a report this week that the de- The amendment I offer focuses atten- enactment of this Act, the Inspector General sign of the TARP was ripe for corrup- tion on the idea of government owning of the Federal Housing Finance Agency shall tion, waste, and fraud. There are al- banks. It is pretty simple. It would pro- submit a report to the Committee on Bank- ready a number of cases in the media hibit the Government from converting ing, Housing, and Urban Affairs of the Sen- that this is happening. Yet we continue ate and the Committee on Financial Services TARP loans to common stock. We have of the House of Representatives on the fol- to toy with this money in ways that heard of other amendments that would lowing: are unprecedented. Now the Obama ad- allow banks to give this money back (1) When did the Federal National Mort- ministration has announced President and allow the money to go to paying gage Association (in this section referred to Obama is going to use the money in a down debt. This is not a slush fund that as ‘‘Fannie Mae’’) and the Federal Home totally different way. We need to look we created for politicians to play with, Loan Mortgage Corporation (in this section at what they are proposing. to scheme in different ways on how we referred to as ‘‘Freddie Mac’’) begin buying What our economy needs now more could come up with new ways to spend large quantities of subprime and Alt-A mort- than anything else is certainty, cer- money we don’t have. It is all borrowed gages? In what years did Fannie Mae and Freddie Mac purchase the largest number of tainty that the Government will not money. If it is not needed the way it undo contracts retroactively, which we subprime and Alt-A mortgages? was intended, it needs to come back to (2) To what extent were the purchase of are talking about doing here, certainty the taxpayer rather than what is hap- subprime and Alt-A mortgages by Fannie that spending will be brought under pening now. The idea that we are going Mae and Freddie Mac induced by Congres- control to avoid future tax increases to have the Federal Government actu- sional action or Executive Order? and runaway inflation, and certainty ally own stock in banks, insurance (3) To what extent were the purchase of that failure will not be rewarded by a companies, and other private compa- large quantities of subprime and Alt-A mort- government bailout. Of course, there nies is an idea we need to stay away gages by Fannie Mae and Freddie Mac in- has been anything but certainty from from. duced by the Department of Housing and our Government in the last several I hope all of my colleagues will sup- Urban Development affordable housing regu- months. Government intervention has lations issued in 1995? port this amendment that simply pro- (4) What actions by Fannie Mae and become the norm rather than the ex- hibits our Government from converting Freddie Mac contributed to the over- ception. what was supposed to be loans, what valuation of mortgage-backed securities? Now we understand the Treasury De- was promised to be loans, what was (5) What political contributions were made partment has concocted a new scheme promised to be used to buy bad assets by Fannie Mae and Freddie Mac on behalf of to convert these loans, which are pre- so banks could loan again, it would a political candidate or to a separate seg- ferred stock in certain banks, into prohibit this money from being used regated legal fund described in section common equity in order to increase for common stock and ownership in the 316(b)(2)(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)(c)) between those banks’ capital. This is only a banking system. paper change. We move it from a debt 1990 and 2008? I thank the Chair for the time and (6) What lobbying expenditures, as such to an asset, and we say we have done encourage my colleagues to support term is defined in section 4911(c)(1) of the In- something. The problem is, when the the amendment. ternal Revenue Code of 1986, were made by Government has common stock in I yield the floor and suggest the ab- Fannie Mae and Freddie Mac between 1990 banks, it owns banks. It would likely sence of a quorum. and 2008? have positions on the board. The tax- The ACTING PRESIDENT pro tem- (7) What contributions were made by payer, who is making this money avail- pore. The clerk will call the roll. Fannie Mae and Freddie Mac to any organi- able, is at risk. If a bank goes under, The bill clerk proceeded to call the zation described under section 501(c) of the the common stock is gone. So we are roll. Internal Revenue Code of 1986 between 1990 taking what was some security for tax- Mr. COBURN. Mr. President, I ask and 2008? payers and shifting it to another place. unanimous consent that the order for Mr. COBURN. Mr. President, I appre- We are crossing a dangerous line where the quorum call be rescinded. ciate the chairman giving me this time the Government owns and controls The PRESIDING OFFICER (Mr. to offer this amendment. We have banks and insurance companies, auto DODD). Without objection, it is so or- adopted an Isakson amendment. We companies, a line we have never dered. have a McCain-Dorgan amendment. crossed before as a country, a country AMENDMENT NO. 983 This is a similar amendment, but I based on free markets, not central Mr. COBURN. Mr. President, I ask think it gets to the root of the prob- planning by government. unanimous consent that the pending lem. It does not cost very much, and it The American people are starting to amendment be set aside and that actually will tell us something we need send us a signal that they are con- amendment No. 983 be called up. to know.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10508 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 The underlying assumption with the We have a mess. Usually, as a physi- There is no Republican on the floor bill is that fraud is the primary, if not cian when I have a mess, I start think- right now. But in a few minutes, I will the sole, cause of this crisis. That may ing back: What did I do before? And renew my request for a rollcall vote on be true. We do not know that. But what what caused part of the mess? Where that amendment. we do not know is how much we as was I wrong in my diagnosis of the In the meantime, Madam President, I Members of Congress played and the signs, symptoms, and history? And suggest the absence of a quorum. extent to which we played a role in then what do I do about it? The ACTING PRESIDENT pro tem- helping create this crisis. This is a fair- If we do not look through the IG at pore. The clerk will call the roll. ly straightforward amendment that these things, then it is highly un- The bill clerk proceeded to call the asks the IG to come give us informa- likely—no matter how many commis- roll. tion so we get the answers to the ques- sions we put together because commis- Mr. KYL. Madam President, I ask tion about our own role in the evo- sions are going to ask for this any- unanimous consent that the order for lution of the problems we find today. way—but we are going to ask for it as the quorum call be rescinded. What we do know is the GSEs under- a special report from the IG under this The ACTING PRESIDENT pro tem- took an unprecedented assumption of amendment. pore. Without objection, it is so or- subprime and all-day loans, and those There are a lot of additional consid- dered. need to be investigated—the extent of erations, and I will not take time on AMENDMENTS NOS. 986, 987, 988, AND 989 them, the amount. We also know they the floor at this time to do that. But if Mr. KYL. Madam President, I have invested more than $1 trillion in those you want to have a transparent Con- an amendment pending—I believe the loans. But what we do not know is the gress, this is the first question we have number is amendment No. 989—and I volume, the timing. What we do not to ask: How much were we involved? wish to speak to that amendment and know is the impact of the significant How effective were the lobbying efforts three other amendments which differ amount of lobbying by these GSEs and to change things that were detri- only in the amount of a cap on recov- what effect that had on policies and mental? Maybe they were positive. But eries. The amendments pending are procedures both within the administra- the fact is, we ought to know those amendments Nos. 989, 988, and 987. tion and the Congress. things. Madam President, 986 is the pending For example, when did Freddie and The idea is we will be transparent amendment. So we will get this Fannie begin to purchase large quan- with the American people, both in straightened out. tities of subprime and all-day loans? In terms of the lobbying efforts, the con- Let me speak to the issue first gen- what years were those types of pur- tributions they made, and the timing— erally, and then I will engage my col- chases the highest? To what extent not just for Congress but also the exec- league in a couple of unanimous con- were these purchases induced by con- utive branch; where we look at the ac- sent requests that may resolve the gressional action or executive order? tions of both of those—so the American issue. If not, then we can vote on the To what extent were those purchases people can see the culpability. Where is final one. induced by the Department of Housing it? I happen to believe it is right here The point of these amendments is to and Urban Development affordable in this body, us. We allowed this to limit the amount that can be deducted housing regulations issued in 1995? happen. I think the onus of the blame from the money that is due to the Gov- What actions by Fannie and Freddie needs to be here rather than pointing ernment under the False Claims Act as contributed to the overvaluation of at other people. compensation for what are called pri- mortgage-backed securities? vate realtors. A private realtor is a The amendment also looks to the That is not to distract from the idea whistleblower or an investigator who possibility that congressional action that we ought to go after fraud. But goes to court with evidence that the could have contributed to the risky the biggest fraud is to deny the fact Government has been defrauded and is changes in behavior of Fannie and that we had some culpability, and this entitled to money under the False Freddie. What we know is, between the amendment is designed to measure how 2000 and 2008 election cycles, GSEs and much culpability we had by using the Claims Act. In order to encourage their employees contributed more than IG, the inspector general, to tell us these private parties to come forward, $14.6 million to the funds of both Sen- this very specific information. the False Claims Act not only entitles ators and representatives. We also With that, I yield the floor. these private realtors to recover from know Fannie spent $79.5 million in that Madam President, I suggest the ab- the defendant their costs and expenses period and Freddie spent $94.9 million sence of a quorum. for investigating and pressing the in that period on lobbying Congress. The ACTING PRESIDENT pro tem- claims but also allows the private real- Mr. President, $170 million was spent pore. The clerk will call the roll. tor to receive a portion of the proceeds lobbying Congress making them the The bill clerk proceeded to call the due to the United States. 20th and 13th largest lobbying spenders roll. I think we would all agree it is right in the country. Mr. LEAHY. Madam President, I ask and proper that the private realtors be This amendment will assure and en- unanimous consent that the order for compensated for exposing incidents for sure that some of the toughest ques- the quorum call be rescinded. which the Federal Government has tions are asked regarding the GSEs’— The ACTING PRESIDENT pro tem- been defrauded. Such actions have Fannie Mae’s and Freddie Mac’s—spe- pore. Without objection, it is so or- saved the Government billions of dol- cial relationships with Congress and dered. lars over the years. whether any conflict created by those Mr. LEAHY. Madam President, I was Unfortunately, the formula for com- relationships influenced the GSEs’ be- distracted in another conversation. pensating private realtors uses a per- havior, especially to the taxpayers’ Senator COBURN left the floor. I wished centage range to award a portion of the detriment. to speak to him about his amendment Government’s recovery to the realtor. It requires the inspector general to because it appears to have already been The law allows the private realtor to study what political contributions covered in the Isakson-Conrad amend- collect up to 30 percent of the proceeds were made, what lobbying expenditures ment. I would like to ask if he also that are due to the Government. were made, what contributions were feels that way. I would hope he might Now, when this formula was first set made to any other lobbying organiza- come back to the floor so we could dis- back in 1986, I don’t think any of us tion. cuss that. contemplated that the massive billion- It is a compromise step. It is some- I also wish to notify the other side I dollar recoveries we have seen today thing we already have the people in am about to renew my unanimous con- would allow this kind of recovery to place for. It is something they have the sent request for a vote on the Boxer the private parties as well. So although access to the numbers for. We ought to amendment. I will not until they have I think we all agree whistleblowers de- be able to get that. time to talk to the Republican side. serve to be compensated when they

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10509 save the Government money, I would of at least $40 million from the Govern- without whistleblowers, a lot of these also think we could agree there has to ment. Under my amendment, the Gov- billions of dollars in fraud that have be some limit; that they don’t deserve ernment would have been able to keep been found wouldn’t have been found. to be grossly overcompensated, espe- an additional $387 million. So think Without the whistleblowers, the Gov- cially when that compensation comes about it. This amendment would have ernment—the American taxpayers— at the expense of the Federal Treasury. saved the Government $387 million. wouldn’t recover so much. Let me note a few cases. I will put So let me conclude at this point. I The False Claims Act—and, again, this entire statement in the RECORD have been advised there are very few Senator GRASSLEY and others were the which has a lot of other cases as well, law firms—but some law firms—that leaders in putting that together—has but my colleagues will get the idea specialize in these cases. Obviously, brought back more than $22 billion into from just a few that I will mention. they are fighting the amendment be- the U.S. Treasury. Private realtors shared $95 million as cause quite a little cottage industry Now, it has a balanced approach in their share of a $559 million civil set- has grown. But I would note to my col- providing incentives for said whistle- tlement paid to the United States by leagues if my recommendation is not blowers. They share in such recoveries TAP Pharmaceutical Products. Private accepted—if my colleagues conclude if it is warranted and if it is approved realtors shared $78 million as their that $5 million is not enough for the by the judge. A judge has to approve it. share of a $438 million Federal settle- Government to pay a whistleblower— It has worked out very well. Rather ment paid to the United States by Eli then what I would suggest is we make than there being an arbitrary cap, I Lilly. A private realtor will receive that amount higher, and I will offer would rather leave it to the judge to $47.8 million as his share of a recently subsequent requests to support a high- make the determination. Simply say- announced $325 million settlement paid er amount. ing, well, we will limit it to three to the Government by Northrop. An- I wish to note as well there will in- times the cost, then I worry about see- other will share $46.4 million as their evitably be new cases in which outsized ing a padding of expenses. I think it is share of a $375 million settlement paid awards are paid at the expense of the very well balanced the way it is, in- to the United States by Cephelon. Government’s recovery. For example, cluding having a judge make the final There are several more of these cases, just last week, a False Claims Act suit decision. all in the $30-, $40-, $50 million range, against Quest Diagnostics resulted in a I think one of the things we all agree upon—I am sure the Senator from Ari- for payments that have been made to $302 million recovery for the Federal zona and I agree—is that we have to the Government as a result of this law. Government, but out of that amount, find fraud, we have to root it out, and The point is, when they are sharing the Government was forced to pay $45 we have to bring those who commit in that much of the proceeds, they are million to the private realtor. Had my fraud to justice. What I am thinking denying the taxpayers the benefit of amendment been law, the private real- about, as Senator GRASSLEY has point- the False Claims Act which was, of tor would still have received at least $5 ed out in the past, as have I, we have to course, intended to benefit the Treas- million for exposing the fraud, but the give an incentive to the whistleblowers ury and not to significantly benefit Treasury would have received, and to bring the case. After all, we have these private realtors. therefore saved, an additional $40 mil- So, again, it is fair to generously seen all too often a whistleblower will lion. alert us to the fraud, and the first compensate them when they help ex- So let me ask, rather than having a thing that happens is they lose their pose malfeasance that has cost the vote on each of these four amend- job. They often risk retaliation. In Federal Government money. We want ments—and I have discussed this with fact, if they are turning in their co- them to receive an incentive to blow the chairman of the Judiciary Com- workers or their supervisors and bring- the whistle on fraud or corruption. mittee and we have had a genial discus- ing out the fraud, this could be life-al- However, the amounts I have de- sion; and I suspect I know, at least the tering. It could actually change their scribed—$95 million in just one case, first couple of times, the fate of my professional career, often for the worse. for example—are wildly in excess of unanimous consent requests. Nonethe- They are looked at as the bad guys, but what is necessary to spur such whistle- less, amendment No. 989 would provide they are not the bad guys; they are the blowing. These amounts all come at a $5 million cap. good guys. We ought to reward them. the expense of the Treasury. I would therefore ask unanimous con- I will vote against it in this case. I Let me indicate the kind of savings sent that amendment No. 989 be consid- object to considering it. I know the the Government could achieve under ered and that the Senate be on record Senator from Arizona is going to have this amendment. as supporting amendment No. 989 with further amendments, but I just want The first request I will make today the $5 million cap. him to know—and I want my col- would cap the private realtor recovery The ACTING PRESIDENT pro tem- leagues to know what I have told him at either $5 million or 300 percent of pore. Is there objection? privately. I commend him for—as we the expenses and costs in investigating Mr. LEAHY. Madam President, I will have always done in cases we have and proving fraud against the Govern- object, and I will just take a moment had—talking to me ahead of time, as I ment. In other words, it is sort of a tri- to explain. have with him when I have had amend- ple damages: for the amount of money First off, I would note, as he typi- ments or matters that may involve they put into it, there is, in effect, a cally does, the Senator from Arizona him. 400-percent recovery; they get 100 per- came and talked to me before and was So I yield the floor. cent of their expenses, plus another 300 very straightforward with what he was The PRESIDING OFFICER (Mr. percent above that. It seems to me this going to do. KAUFMAN). The request has been made. provides more than adequate incentive This talks about recoveries available Is there objection? for the whistleblowers who become under the False Claims Act. I think the Mr. LEAHY. I object. aware of fraud and therefore expose it. Senate expert on the False Claims Act The PRESIDING OFFICER. Objec- In the eight cases I have described in is Senator GRASSLEY, a senior member tion is heard. my statement, five of which I men- of the Senate Judiciary Committee. Mr. KYL. Mr. President, I appreciate tioned, private realtors received more Senator GRASSLEY opposes this, as do I. the points made by the chairman of the than $427 million at the expense of the I know there are going to be other Judiciary Committee. There does need Government. When just one case amounts the distinguished Republican to be a reward, and there is some sub- awards the private realtors $95 million, leader is going to bring up, but my rea- jective judgment in what kind of a cap the numbers add up pretty quickly. So son in opposing them—and he has ex- is appropriate for the reasons that he under this request I will make in just a plained each one of them to me ahead pointed out. As a result, reasonable moment, these same private realtors of time, so there is no surprise—but I people could differ as to whether a $5 would still have received a grand total will oppose them because I believe million cap would be too much.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10510 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 For that reason, I indicated if the $97 million award—are simply beyond them toward products that were unsuitable chairman thought it was too much, I the pale. They were not contemplated. for them, given their retirement needs and would suggest doubling the amount to So it is broken to the extent that we life expectancies; (4) seniors have a right to clearly know a $10 million cap which might be appro- have no upper limit in a case such as whether they are working with a qualified priate. That is actually encompassed in that. adviser who understands the products and is amendment No. 988. AMENDMENT NO. 986 working in their best interest or a self-inter- So at this time I ask unanimous con- Therefore, I call up amendment 986, ested salesperson or adviser advocating par- sent that amendment No. 988 be consid- which is pending, and I request the ticular products; and ered pending and be adopted by unani- yeas and nays on that amendment. If (5) many existing State laws and enforce- ment measures addressing the use of certifi- mous consent, setting a $10 million cap the chairman wishes to respond, I will on these recoveries. cations, professional designations, and suit- withhold calling for the vote until he ability standards in selling financial prod- The PRESIDING OFFICER. Is there has responded. ucts to seniors are inadequate to protect sen- objection? The PRESIDING OFFICER. Does the ior investors from salespersons and advisers Mr. LEAHY. Mr. President, as I indi- Senator ask for the regular order on using such designations. cated to my friend earlier, I would ob- his amendment? (b) DEFINITIONS.—As used in this section— ject to that, and I do object. Mr. KYL. That is correct, yes. (1) the term ‘‘misleading designation’’— (A) means the use of a purported certifi- The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. The tion is heard. cation, professional designation, or other amendment is now pending. credential, that indicates or implies that a The minority whip. Mr. LEAHY. Mr. President, I know salesperson or adviser has special certifi- Mr. KYL. Mr. President, as I said, I the distinguished Senator from Iowa cation or training in advising or servicing think it is going to be a little harder to wishes to speak on this amendment, seniors; and object to a $20 million cap, but at this and we will soon have a rollcall vote. I (B) does not include any legitimate certifi- time let me ask—again, this is subjec- ask the Senator from Arizona and the cation, professional designation, license, or tive. How much of a reward is enough Senator from Iowa if we could withhold other credential, if— (i) it has been offered by an academic insti- to cause people to come forward? Given for 2 minutes in order for the Senator that we have this cottage industry of tution having regional accreditation; or from Wisconsin to speak on an amend- (ii) it meets the standards for certifi- firms that has found they can make a ment of his, and then we will go back cations, licenses, and professional designa- lot of money on these cases, it seems to to the amendment of the Senator from tions outlined by the North American Secu- me there is adequate reward for whis- Arizona. rities Administrators Association (in this tleblowers who usually—and I am sure Mr. KYL. Yes. section referred to as the ‘‘NASAA’’) Model the chairman would agree—usually The PRESIDING OFFICER. Is there Rule on the Use of Senior-Specific Certifi- cations and Professional Designations, or it come forward simply because they see objection? Without objection, it is so something that is wrong and they have was issued by or obtained from any State; ordered. (2) the term ‘‘financial product’’ means se- the moral courage to come forward and The Senator from Wisconsin is recog- curities, insurance products (including insur- say: We don’t think this practice is nized. ance products which pay a return, whether right. And they usually don’t do it for AMENDMENT NO. 990 fixed or variable), and bank and loan prod- the financial reward. The law firms Mr. KOHL. Mr. President, I call up ucts; that are involved do very well out of (3) the term ‘‘misleading or fraudulent my amendment No. 990. marketing’’ means the use of a misleading this. The PRESIDING OFFICER. Without So my last unanimous consent re- designation in selling or advising a senior in objection, the pending amendment is the sale of a financial product; quest would be to consider amendment laid aside. (4) the term ‘‘senior’’ means any individual No. 987 as pending, which would set a The clerk will report. who has attained the age of 62 or older; and $20 million cap on these awards. The bill clerk read as follows: (5) the term ‘‘State’’ means each of the 50 The PRESIDING OFFICER. Is there States, the District of Columbia, and the un- The Senator from Wisconsin [Mr. KOHL] objection? proposes an amendment numbered 990. incorporated territories of Puerto Rico and Mr. LEAHY. Mr. President, reserving the U.S. Virgin Islands. Mr. KOHL. Mr. President, I ask unan- the right to object, I hate to try to fix (c) GRANT PROGRAM.—The Attorney Gen- imous consent that reading of the eral of the United States (in this section re- something that I don’t think is broken. amendment be dispensed with. ferred to as the ‘‘Attorney General’’)— The False Claims Act has worked very The PRESIDING OFFICER. Without (1) shall establish a program in accordance well for the U.S. taxpayers. It has objection, it is so ordered. with this section to provide grants to worked well. I know the Senator from The amendment is as follows: States— Iowa worked so hard in putting this to- (A) to investigate and prosecute mis- gether in the first place. It has brought (Purpose: To protect older Americans from leading and fraudulent marketing practices; misleading and fraudulent marketing prac- or more than $22 billion back into the tices, with the goal of increasing retire- Treasury. The awards to whistle- (B) to develop educational materials and ment security) training aimed at reducing misleading and blowers have to be approved by a judge. At the appropriate place, insert the fol- fraudulent marketing of financial products I don’t want to fix something that is lowing: toward seniors; and not broken, so, therefore, I will object, SEC. ll. GRANTS TO STATES FOR ENHANCED (2) may establish such performance objec- and I do object. PROTECTION OF SENIORS FROM tives, reporting requirements, and applica- The PRESIDING OFFICER. Objec- BEING MISLEAD BY FALSE DESIGNA- tion procedures for States and State agen- tion is heard. TIONS. cies receiving grants under this section as The minority whip. (a) FINDINGS.—Congress finds that— the Attorney General determines are nec- Mr. KYL. Mr. President, finally, (1) many seniors are targeted by sales- essary to carry out and assess the effective- persons and advisers using misleading cer- amendment No. 986, which is pending, ness of the program under this section. tifications and professional designations; (d) USE OF GRANT AMOUNTS.—A grant under sets a $50 million cap. (2) many certifications and professional this section may be used (including through I certainly agree with the chairman designations used by salespersons and advis- subgrants) by the State or the appropriate that you don’t want to fix something ers represent limited training or expertise, State agency designated by the State— that is not broken. I submit that back and may in fact be of no value with respect (1) to fund additional staff to identify, in- in 1986, a long time ago, these multibil- to advising seniors on financial and estate vestigate, and prosecute cases involving mis- lion-dollar awards were not con- planning matters, and far too often, such leading or fraudulent marketing of financial templated, and times have changed. In designations are obtained simply by attend- products to seniors; ing a weekend seminar and passing an open (2) to fund technology, equipment, and the 20 or 30 years’ passage of time, we book, multiple choice test; training for regulators, prosecutors, and law have seen this cottage industry of liti- (3) many seniors have lost their life sav- enforcement in order to identify salespersons gation grow, when the kinds of awards ings because salespersons and advisers hold- and advisers who target seniors through the that can be recovered—for example, a ing a misleading designation have steered use of misleading designations;

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10511 (3) to fund technology, equipment, and (D) insurers and their agents are prohib- Securities Administrators Associa- training for prosecutors to increase the suc- ited from recommending the sale of an annu- tion’s and the National Association of cessful prosecution of those targeting seniors ity product to a senior, if the agent fails to Insurance Commissioners’ model rules with the use of misleading designations; obtain sufficient information in order to sat- (4) to provide educational materials and on the use of senior designations. isfy the insurer and the agent that the trans- I strongly encourage my colleagues training to regulators on the appropriateness action is suitable for the senior. of the use of designations by salespersons (f) APPLICATION.—To be eligible for a grant to cosponsor this amendment. and advisers of financial products; under this section, the State or appropriate Mr. President, I yield the floor and (5) to provide educational materials and State agency shall submit to the Attorney suggest the absence of a quorum. training to seniors to increase their aware- General a proposal to use the grant money to The PRESIDING OFFICER. The ness and understanding of designations; protect seniors from misleading or fraudu- clerk will call the roll. (6) to develop comprehensive plans to com- lent marketing techniques in the offer and The bill clerk proceeded to call the bat misleading or fraudulent marketing of fi- sale of financial products, which application roll. nancial products to seniors; and shall— Mr. GRASSLEY. Mr. President, I ask (7) to enhance provisions of State law that (1) identify the scope of the problem; unanimous consent that the order for could offer additional protection for seniors (2) describe how the proposed program will against misleading or fraudulent marketing help to protect seniors from misleading or the quorum call be rescinded. of financial products. fraudulent marketing in the sale of financial The PRESIDING OFFICER. Without (e) GRANT REQUIREMENTS.— products, including, at a minimum— objection, it is so ordered. (1) MAXIMUM.—The amount of a grant (A) by proactively identifying senior vic- Mr. GRASSLEY. Mr. President, the under this section may not exceed $500,000 tims of misleading and fraudulent marketing first point I wish to make is that with per fiscal year per State, if all requirements in the offer and sale of financial products; the false claims provisions in the of paragraphs (2), (3), (4), and (5) are met. (B) how the proposed program can assist in Leahy-Grassley bill, which deals with Such amount shall be limited to $100,000 per the investigation and prosecution of those other provisions as well, but the False fiscal year per State in any case in which the using misleading or fraudulent marketing in Claims Act is essential to accom- State meets the requirements of— the offer and sale of financial products to (A) paragraphs (2) and (3), but not each of seniors; and plishing the overall purposes of the paragraphs (4) and (5); or (C) how the proposed program can help dis- bill, along with other tools to do it—to (B) paragraphs (4) and (5), but not each of courage and reduce future cases of mis- get rid of fraud. We are trying to just, paragraphs (2) and (3). leading or fraudulent marketing in the offer in this bill, in a very rifle shot way, (2) STANDARD DESIGNATION RULES FOR SECU- and sale of financial products to seniors; and correct some court opinions that have RITIES.—A State shall have adopted rules on (3) describe how the proposed program is to been detrimental and weaken the False the appropriate use of designations in the be integrated with other existing State ef- offer or sale of securities or investment ad- Claims Act. That is all we are trying to forts. accomplish in this bill that deals with vice, which shall, to the extent practicable, (g) LENGTH OF PARTICIPATION.—A State re- conform to the minimum requirements of ceiving a grant under this section shall be bigger things as well. the NASAA Model Rule on the Use of Senior- provided assistance funds for a period of 3 What Senator KYL is bringing up is a Specific Certifications and Professional Des- years, after which the State may reapply for legitimate subject of discussion be- ignations, as in effect on the date of enact- additional funding. cause it has been brought up at other ment of this Act, or any successor thereto, (h) AUTHORIZATION OF APPROPRIATIONS.— times since passage of the False Claims as determined by the Attorney General. There are authorized to be appropriated to Act 22 years ago. I don’t say it is not (3) SUITABILITY RULES FOR SECURITIES.—A carry out this section $8,000,000 for each of State shall have adopted standard rules on the fiscal years 2010 through 2014. legitimate to discuss it. But there is broader false claims legislation in the the suitability requirements in the sale of Mr. KOHL. Mr. President, I speak securities, which shall, to the extent prac- Judiciary, and it ought to be discussed today in support of an amendment that ticable, conform to the minimum require- at a time when we have hearings on would protect older Americans from ments on suitability imposed by self-regu- this subject. There have been no hear- latory organization rules under the securi- unscrupulous financial advisers. In these tough economic times, sen- ings on this. ties laws (as defined in section 3 of the Secu- These amendments should be re- rities Exchange Act of 1934), as determined iors are discovering that their life sav- viewed by the full committee under the by the Attorney General. ings have lost so much value they may regular order process. That is the first (4) STANDARD DESIGNATION RULES FOR IN- not be able to fund their retirement. point I wish to make to Senator KYL SURANCE PRODUCTS.—A State shall have Desperate for advice, they look toward adopted standard rules on the appropriate about why not to consider this amend- investment advisers for strategies to use of designations in the sale of insurance ment right now. products, which shall, to the extent prac- ride out this economic storm. Unfortu- The second one is the point he made ticable, conform to the minimum require- nately, we have learned that some are on how big of an award is big enough to ments of the National Association of Insur- placing their trust in so-called ‘‘senior incentivize people to turn in fraud. ance Commissioners Model Regulation on investment advisers,’’ who in many the Use of Senior-Specific Certifications and Mr. LEAHY. Will the Senator yield cases are one step above scam artists. for a unanimous consent request? Professional Designations in the Sale of Life These individuals often have limited or Insurance and Annuities, as in effect on the Mr. GRASSLEY. Yes. date of enactment of this Act, or any suc- no education or training though they Mr. LEAHY. Mr. President, I ask cessor thereto, as determined by the Attor- claim titles with legitimate-sounding unanimous consent that the vote on ney General. names. the Kyl amendment, now pending, (5) SUITABILITY RULES FOR INSURANCE PROD- We know that an attorney must go to occur at 11:45 but that there be 2 min- UCTS.—A State shall have adopted suitability school for 3 years and pass a State bar utes equally divided immediately pre- standards for the sale of annuity products, exam. A CPA must have a college de- ceding the vote. First, I make that re- under which, at a minimum (as determined gree, an additional year of study, and quest. by the Attorney General)— must pass a national exam. Neither can (A) insurers shall be responsible and liable The PRESIDING OFFICER. Is there for ensuring that sales of their annuity prod- offer their professional services with- objection? Without objection, it is so ucts meet their suitability requirements; out those credentials. Seniors should ordered. (B) insurers shall have an obligation to en- be able to trust the people who invest Mr. LEAHY. Mr. President, I ask for sure that the prospective senior purchaser their money. They should not be wor- the yeas and nays on the amendment. has sufficient information for making an in- ried that the title after their adviser’s The PRESIDING OFFICER. Is there a formed decision about a purchase of an annu- name is scarcely more than a mar- sufficient second? There is a sufficient ity product; keting ploy. second. (C) the prospective senior purchaser shall This amendment would create a new The yeas and nays were ordered. be informed of the total fees, costs, and com- grant program to assist States in their missions associated with establishing the an- Mr. LEAHY. Mr. President, I also ask nuity transaction, as well as the total fees, efforts to protect seniors from mis- unanimous consent that there not be costs, commissions, and penalties associated leading financial adviser designations any amendments to that amendment. with the termination of the transaction or by encouraging them to adopt provi- The PRESIDING OFFICER. Without agreement; and sions outlined in the North American objection, it is so ordered.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10512 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 Mr. GRASSLEY. Mr. President, the clear. There are so many court cases I blower, the average share for the whis- second point I wish to make before I can tell you about where the Govern- tleblower is not 25 percent or 30 per- get to my formal remarks is on the ment, through the Justice Department, cent, it is 16 percent. Compare that 16 question the Senator from Arizona came in and tried to belittle the whis- percent with the percentage it takes to raised about how big of an incentive is tleblower, the claimant, to reduce, or administer Government generally, enough to get reported. That is a le- even eliminate, any access to an award; throughout Government—about 12 per- gitimate question. how many times judges have had to be- cent. Do you, Mr. President, think Here is my experience with 22 years rate people in the Justice Department. there are enough people in the Justice of the False Claims Act, dealing with I am not talking about Presidents Department, enough FBI people to whistleblowers, Government agencies Obama, Bush, Reagan, Bush 1, or Clin- know where all the skeletons are bur- listening to whistleblowers or not, the ton; I am talking about several of them ied, where all the frauds are being com- Justice Department taking a case or where you wouldn’t even have a case— mitted? No. This average award is not not taking a case, or whether the whis- in other words, saying to the pros- too far out of line with the average ad- tleblower initiates the case on their ecutor and the Justice Department: Do ministrative costs of Government. own. What I have found is that the you realize you would not even have There have been 6,197 qui tam com- False Claims Act does not come up had a case without this patriotic whis- plaints filed since 1986 which have re- early in anybody’s thought process— tleblower coming forward? sulted in $13.7 billion in recoveries to about initiating a thought process that More recently, there has been a case the Federal Government. That aver- there might be fraud out there and where the Justice Department asked ages about $2.2 million recovered for somebody ought to be investigating not to proceed forward. The judge complaint filed. and get to the bottom of it. Usually, stepped in and said: We are going to go In these 6,197 cases, the Government the whistleblower has ample evidence forward; there is something wrong has paid qui tam whistleblowers $2.2 of that or they wouldn’t be doing it in here, and we are going to get to the billion in awards. That means the aver- the first place. They jeopardize their bottom of it. age share award for a qui tam whistle- profession and their job in Govern- So we have $22 billion back because blower is about $350,000. This is hardly ment. That isn’t right, but whistle- of patriotic Americans. Do you know a windfall that one would seek, par- blowers who want to do the patriotic what. Just because the False Claims ticularly if one is ruining their profes- thing actually jeopardize their profes- Act has been out there, it has been a sional career by being a whistleblower, sional future. What I have found is preventive to fraud, like all the other coming forth to do what is patriotic, to they don’t even know about the False tools Senator LEAHY has in this bill do what is right. It is, in fact, an incen- Claims Act or about getting a percent- that will not only help with prosecu- tive that helps fuel complaints coming age of it. They don’t even know about tion, but the possibility of prosecution in. is going to be a preventive factor. whistleblower protection laws. They However, if we start adding new caps So I feel strongly that if the issue of want to do the patriotic thing. They to the already existing whistleblower an award limit comes up, it ought to be caps, we could reduce the incentive for want to report fraud. discussed thoroughly and thoughtfully So to talk about the award being the whistleblowers to proceed through the in a tool—the False Claims Act—which incentive to come forward, I don’t want cases—or coming forward in the first has proven its worth by $22 billion and to say that in some cases that may not place—that would help us then recover a lot of unknown preventable fraud out be the case, but in most cases these are billions of dollars. there. We ought to think through it patriotic people knowing about the I wish to share the story of Tina thoughtfully. Gonter who was a qui tam whistle- fraudulent use of taxpayer money, they I want this amendment defeated. The think it is wrong and ought to stop, False Claims Act is the No. 1 tool for blower who testified before the Judici- and they think it ought to stop within recovering taxpayer dollars lost to ary Committee last year. Ms. Gonter the agency. They don’t get anywhere waste, fraud, and abuse. Whistle- worked closely with the Government with the agency, so they come to other blowers who bring fraud cases on behalf and went undercover at the company people, and eventually along the line, of the Government, known as qui tam for months collecting documents and probably, somebody says: You need to relators, often risk everything to un- evidence of a fraud against the Navy. take this to court, and you can get cover truth. She even wore a wire for the Federal something out of this if you win and if Currently, the False Claims Act pro- agents of the Defense Department. you have a case. Probably the majority vides a reward to whistleblowers who Ultimately, a couple of individuals of them don’t win. So they get nothing come forward with good-faith allega- went to jail as a result of Ms. Gonter’s out of it. But they are trying to be pa- tions of fraud, waste, or abuse of Gov- work. But the Government refused to triotic citizens. ernment dollars. sue the contractor for fraud. Believe I think that bringing up the issue of They are allowed to file a lawsuit on that, the Government refused to sue how much of an award is big enough to behalf of the Federal Government, and with obvious evidence. Ms. Gonter filed get this information out should not the case remains under judicial seal in a false claims case against the com- even be a part of the debate. It is still Federal court. The Justice Department pany, and it was not joined by our own something because we are talking then decides to join a case or not join Justice Department. The judge in that about taxpayer money and what is an a case. If the Justice Department joins case even scolded the Justice Depart- incentive to do this, but it ought to be a case and the case is successful, a ment and the Navy for not joining the discussed in a thoughtful way, not on whistleblower can recover 15 to 25 per- case. an amendment to a bill that is trying cent of the funds recovered. If the Jus- Ultimately, Ms. Gonter prevailed, to correct a few bad court decisions to tice Department does not join—then it and the contractor paid over $13 mil- get the False Claims Act back to its is going to be a much more difficult lion to the Federal Government. Ms. original purpose. process for the whistleblower and his Gonter received a share of that money, I thank the Senator from Vermont or her counsel—the whistleblower can but had she not brought this case, the for letting me cooperate with him on go forward with the case and if they Justice Department and the Defense this issue. The Senator from Vermont are successful, they can recover more, Department would have been satisfied also recognizes that the False Claims somewhere between 25 and 30 percent, with simply putting two people in jail Act is a very useful tool against fraud, depending upon the judge. and allowing the contractor to walk which is the overall purpose of the rest While some are arguing that this rep- away with the money it received for of Senator LEAHY’s and my bill. resents a windfall for whistleblowers, providing fraudulent product to the The other thing you have to remem- the statistics paint a different picture. Navy. And it is not just a case of fraud- ber is that this has brought in $22 bil- In fact, in cases where the Depart- ulent product to the Navy. It is a seri- lion. Senator LEAHY made that very ment of Justice joins the whistle- ous safety matter for the people in the

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10513 military who put their lives on the line The PRESIDING OFFICER. Is there compromise provision. Initially, on the in the defense of our freedom. objection? amendment we were going to offer, That is only one example out of 6,197 Mr. ENSIGN. Reserving the right to Senator GRASSLEY raised some very that the False Claims Act provides object, will the Senator repeat the valid points, and we have been working power to get fraudulent activity under unanimous consent request? in the last 2 days to come to an agree- control. It is a check on the power of Mr. LEAHY. If I can get the atten- ment, and I am proud to say we have. the Government bureaucracy to look tion of the senior Republican, my re- This amendment provides $20 million the other way—that is what the Jus- quest is that the Senator from New for SEC enforcement. It would also tice Department did in this case—and York be allowed to bring up his amend- give an additional $1 million to the pretend that fraud did not happen on ment for 5 minutes, and at the conclu- SEC’s Office of Inspector General. I am their watch. However, it is fueled by sion of the 5 minutes, unless more time pleased to have played a role in putting courageous whistleblowers, such as is requested by unanimous consent, together this package which will ulti- Tina Gonter, and without sufficient fi- that the matter, if it can be disposed mately benefit the American public nancial incentives to come forward and of, be disposed of, but in any event, at through safer markets and better polic- fight these cases for 5 to 10 years they the end of that time, we go back to the ing of our financial system. can take in court, we may lose this val- Kyl amendment on which there is a The authorization to the SEC is nec- uable tool against fraud. unanimous consent agreement for a essary for fighting exactly the kind of It is about recovering money, tax- rollcall vote at a quarter of 12. fraud that is covered by this bill. Leav- payers’ money. I find it ironic—I hope Mr. ENSIGN. Mr. President, can I ing the SEC out of this bill is a little people are listening now because there modify the request that I be recognized like fighting a war without the ma- is a conflict here between maybe peo- to call up an amendment, not to have rines. The SEC is often the first line of ple on my side of the aisle who think action on it, call up an amendment, enforcement before the criminal au- this is a good idea—I find it very ironic spend 5 minutes on it following the thorities get involved. that those outside groups supporting Senator from New York to get my The SEC staffing decreased by 10 per- this amendment were in staunch oppo- amendment pending? cent from 2005 to 2007. The agency has sition to the idea of the Senate impos- Mr. LEAHY. I so modify it. That only begun to recover from these de- ing any caps on executive compensa- would still leave the amount of time creases. It is understaffed by more than tion at companies receiving bailout Senator KYL has requested prior to a 115 employees. funds. Now instead, they want to cap vote on his amendment. Shockingly, the SEC’s technology the recovery of good-faith whistle- The PRESIDING OFFICER. Without budget, the budget that determines the blowers to come forward with claims of objection, it is so ordered. agency’s ability to analyze what went fraud at companies that are ripping off The Senator from New York. wrong in the markets and who caused American taxpayers. AMENDMENT NO. 1006 it, is still only 50 percent of what it The False Claims Act works and will Mr. SCHUMER. Mr. President, I was in 2005. continue to work if we do not cut the thank you for recognizing me. I thank We need to pass this bill now, and we incentives for relators to go to court. our chairman of the Judiciary Com- need to adopt this amendment now. The law already has a cap for whistle- mittee, Senator LEAHY, and one of our Literally, every day there is a new blower recoveries. I urge my colleagues senior Republican Members, Senator story about a new fraud that robbed to oppose this amendment which is GRASSLEY, for not only managing this guileless consumers of millions, some- based on a couple of extreme examples bill but for introducing it. I am a co- times billions, of dollars. Our author- from outlier cases that are not the sponsor of the underlying bill, the izations for prosecutions after the S&L norm. Fraud Enforcement and Recovery Act, crisis, which I played a role in when I We have $22 billion coming in under because it provides much needed tools was in the House of Representatives, this act. Early on, we fought the de- to go after fraudsters, crooks, and resulted from around 600 convictions fense industry to get this bill passed, thieves, and other common criminals and $130 million in ordered restitution and the defense industry tried to gut it who have taken advantage of a bad between 1991 and 1995. after it was passed. When they could economy to rob unsuspecting Ameri- So far, even while the FBI is working not because they did not have the prop- cans of their savings. on 2,000 mortgage fraud cases and while er prestige, they came to the American I thank Senators LEAHY, GRASSLEY, the SEC has opened more than three hospital industry to fight a front for KAUFMAN, and SPECTER, and all the dozen investigations into subprime- them. That did not happen. I don’t other cosponsors of the bill for their backed securities, we have not provided know exactly what groups are out hard work and making sure we finally law enforcement with the additional there now backing all this. But when do something about financial crime. funds to put the bad guys before the are you ever going to realize that in From the beginning, however, I have courts and in jail, even though white- this country, the taxpayers deserve been of the view that there was one collar enforcement by the Federal Gov- some respect? And if there is fraud in major omission—a glaring omission— ernment has been dangerously de- your industry, it is no holds barred on from this bill. The bill would authorize pleted. the recovery and the preventing of $165 million a year for the Department I want to point perhaps to one of the fraud. of Justice, including $75 million more most high profile fraud cases in the I yield the floor. for FBI agents, as well as money for history of our country—a case that was Mr. LEAHY. Mr. President, I under- prosecutors and fraud lawyers. not brought soon enough—to explain stand the senior Senator from New That is all to the good. It would also why the SEC needs help, even though it York has an amendment. While the provide $30 million to the Postal In- also deserves criticism and even out- senior Senator from Iowa is on the spection Service, $30 million to the IG rage for their previous actions. This is, floor, I ask unanimous consent that it of the Department of HUD, $20 million of course, the case of Bernard Madoff be in order for the Senator from New for the Secret Service, all to inves- and the tens of billions of dollars he York to bring up his amendment—that tigate financial and mortgage fraud. stole from sophisticated and unsophis- the pending amendment be set aside for But if one reads the list, one thing is ticated investors alike. 5 minutes—speak on it, and if there are missing, and that is the Securities and We don’t know all the facts yet, but no objections to it, it then be accepted, Exchange Commission. all signs point to some kind of derelic- and we go back to the Kyl amendment Thanks to the hard work of many, in- tion of duty at the SEC. When we find so as not to interfere with the unani- cluding my cosponsor of this amend- out what went so horribly wrong, we mous consent agreement to have a vote ment, Senator SHELBY, and Senator will figure out how to fix it. But this on the Kyl amendment at 11:45 a.m. I GRASSLEY, the lead Republican sponsor much we know: The SEC receives hun- make that request. of the bill, we have come up with a dreds of thousands of tips a year about

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10514 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 investment fraud. We don’t know why The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without the SEC didn’t catch on to the com- objection, it is so ordered. objection, it is so ordered. plaints of at least one brave whistle- The amendment is as follows: The clerk will report. blower, Harry Markopolos, and none of (Purpose: To provide additional funding to The assistant legislative clerk read us here would ever excuse it. We can the SEC to use in enforcement proceedings) as follows: acknowledge, though, that the SEC At the appropriate place in section 3, in- The Senator from Nevada [Mr. ENSIGN] does not have sufficient technical and sert the following: proposes an amendment numbered 1004. (—) ADDITIONAL APPROPRIATIONS FOR THE human resources to assess sophisti- Mr. ENSIGN. Mr. President, I ask cated trading patterns, complex finan- SECURITIES AND EXCHANGE COMMISSION.— (1) IN GENERAL.—There is authorized to be unanimous consent that further read- cial instruments, and risk factors in appropriated to the Securities and Exchange ing of the amendment be dispensed the marketplace. When a complaint Commission, $20,000,000 for each of the fiscal with. comes in, even a detailed complaint, years 2010 and 2011 for investigations and en- The PRESIDING OFFICER. Without such as the one received from Mr. forcement proceedings involving financial objection, it is so ordered. Markopolos, they did not effectively institutions, including financial institutions The amendment is as follows: triage it. to which this Act and amendments made by The SEC’s budget has barely kept up this Act apply. (Purpose: To impose certain requirements on with inflation and cost of living adjust- (2) INSPECTOR GENERAL.—There is author- public-private investment fund programs, ments. It is not clear whether budget ized to be appropriated to the Securities and and for other purposes) Exchange Commission, $1,000,000 for each of cuts caused them to let Madoff fall At the end of the bill, add the following: the fiscal years 2010 and 2011 for the salaries SEC. 5. PUBLIC-PRIVATE INVESTMENT PROGRAM. through the cracks, but certainly budg- and expenses of the Office of the Inspector (a) IN GENERAL.—Any program established et increases wisely spent—and I have General of the Securities and Exchange Com- by the Secretary of the Treasury or the faith that the new Chair will certainly mission. Board of Directors of the Federal Deposit In- do that—will help prevent future The PRESIDING OFFICER. The Sen- surance Corporation that does any of the fol- Madoffs from happening. ator from Vermont. lowing shall meet the requirements of sub- One of the things the SEC wants to Mr. LEAHY. Mr. President, are we section (b): do with the money we provide here is now back on the Kyl amendment? (1) Creates a public-private investment to hire people with specialized industry The PRESIDING OFFICER. We are, fund. skills, develop systems for nationwide but the Senator from Nevada is to be (2) Makes available any funds from the data centers—— recognized. Troubled Asset Relief Program established under title I of the Emergency Economic The PRESIDING OFFICER. The Sen- Mr. LEAHY. Before that happens, I ator has used 5 minutes. Stabilization Act of 2008 (12 U.S.C. 5211 et thank the Senator from New York and seq.) or the Federal Deposit Insurance Cor- Mr. SCHUMER. I ask unanimous con- the Senator from Iowa. They have been sent for 2 more minutes. poration for— meeting with me and my staff for (A) a public-private investment fund; or The PRESIDING OFFICER. Without weeks on this amendment. I am glad (B) a loan to a private investor to fund the objection, it is so ordered. they were able to reach agreement on purchase of a mortgage-backed security or Mr. SCHUMER. One of the things the the amendment. an asset-backed security. SEC wants to do with this money is to I yield the floor. (3) Employs or contracts with a private hire people with specialized industry The PRESIDING OFFICER. The Sen- sector partner to manage assets for a public- skills, develop systems for nationwide private investment program. ator from Nevada. data searches based on tips and com- (4) Guarantees any debt or asset for pur- Mr. ENSIGN. Mr. President, I ask poses of a public-private investment pro- plaints, and include their risk mod- unanimous consent that the pending eling involving market data and intel- gram. amendment be set aside, I call for reg- (b) REQUIREMENTS.—Any program described ligence. ular order with regard to the Boxer in subsection (a) shall— It is incredible the chief regulator of amendment, and that I be allowed to (1) impose strict conflict of interest rules the most sophisticated economy in the call up a second-degree amendment, on managers of public-private investment world does not have this capability. No. 1003. funds that— Let’s help get the right cops on Wall Mr. LEAHY. Wait a minute. Reserv- (A) specifically describe the extent, if any, Street and then get them the resources to which such managers may— ing the right to object, would the Sen- they need to fight crime. Everyone has (i) invest the assets of a public-private in- ator repeat that? That is not my under- to do more with less these days, but I vestment fund in assets that are held or standing of what he was to do. Would am not in favor of less resulting in let- managed by such managers or the clients of the Senator repeat the unanimous con- such managers; and ting bad guys go free. sent request? (ii) conduct transactions involving a pub- I thank my colleague, Senator Mr. ENSIGN. For the Chamber’s edi- lic-private investment fund and an entity in GRASSLEY. As I said, the compromise fication, I have an amendment filed as which such manager or a client of such man- we have come up with I think is fair a first-degree and I also have a second- ager has invested; because it both beefs up the SEC and (B) take into consideration that there is a degree. I was going to call up the sec- deals with Senator GRASSLEY’s con- trade off between hiring a manager with sig- ond-degree amendment. cerns related to the inspector general. nificant experience as an asset manager that Mr. LEAHY. That was not my under- I hope that at some point—we are still has complex conflicts of interest, and hiring standing of what the Senator was ask- awaiting a letter from the SEC—we can a manager with less expertise that has no ing, so I would object. conflicts of interest; and ask unanimous consent to move this (C) acknowledge that the types of entities amendment forward. It has bipartisan AMENDMENT NO. 1004 Mr. ENSIGN. Mr. President, I ask that are permitted to make investment deci- support. sions for a public-private investment fund With that, Mr. President, I yield the unanimous consent that the pending may need to be limited to mitigate conflicts floor. amendment be set aside and I call up of interest; Mr. KAUFMAN. The clerk will report amendment No. 1004, which is the first- (2) require the disclosure of information re- the amendment. degree amendment. garding participation in and management of The assistant legislative clerk read Mr. LEAHY. Reserving the right to public-private investment funds, including as follows: object, and I shall not object, it is my any transaction undertaken in a public-pri- vate investment fund; The Senator from New York [Mr. SCHU- understanding that we now have about (3) require each public-private investment MER], for himself, Mr. SHELBY, Mr. DODD, 7 minutes or 8 minutes. Then we will fund to make a certified report to the Sec- Mrs. FEINSTEIN, and Mr. GRAHAM, proposes go off this and go back to the Kyl retary of the Treasury that describes each an amendment numbered 1006. amendment. I want to protect the Sen- transaction of such fund and the current Mr. SCHUMER. I ask unanimous con- ator from Arizona on his amendment. value of any assets held by such fund, which sent that the amendment be considered Even though it is one I disagree with, I report shall be publicly disclosed by the Sec- as read. want to protect his right to have that. retary of the Treasury;

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(5) allow the Special Inspector General of TARP has stated that this new toxic Again, this is one of a series of the Troubled Asset Relief Program, access to asset buy-back program—called the amendments that is not at all within all books and records of a public-private in- Public-Private Investment Program— the jurisdiction of the Judiciary Com- vestment fund; is ‘‘inherently vulnerable to fraud, mittee. I find it an interesting amend- (6) require each manager of a public-pri- waste, and abuse.’’ The special IG’s re- ment, but it is within the jurisdiction vate investment fund to retain all books, port outlined a number of good rec- of the Banking Committee. I was hop- documents, and records relating to such pub- ommendations that are necessary to ing, since there is going to be a bank- lic-private investment fund, including elec- tronic messages; protect the taxpayers and to ensure the ing bill next week, that some of these (7) allow the Special Inspector General of integrity of this new program. banking amendments would actually the Troubled Asset Relief Program, the Sec- My amendment would simply require go on the Banking bill and have Judici- retary of the Treasury, and any other Fed- that the Treasury Department imple- ary amendments on the Judiciary bill. eral agency with oversight responsibilities ment the recommendations from this And I would assume that the discussion access to— special inspector general before allo- will be carried out by Senators DODD (A) the books, documents, records, and em- cating money under this new program and SHELBY of the Banking Committee, ployees of each manager of a public-private known as the Public-Private Invest- in that there is no relationship at all investment fund; and ment Program. (B) the books, documents, and records of to the Judiciary Committee bill. each private investor in a public-private in- These requirements include, very I would add to that, of course, that vestment fund that relate to the public-pri- simply, No. 1, imposing strict conflict the Senator from Nevada has an abso- vate investment fund; of interest rules to prevent PPIP fund lute right to bring up anything. Some- (8) require each manager of a public-pri- managers from inappropriately using one can bring up something on agri- vate investment fund to give such public-pri- the program to benefit themselves or culture and price supports, I suppose. vate investment fund terms that are at least their clients. Common sense. Makes But I wish we could keep it to Judici- as favorable as those given to any other per- sense. No. 2, mandate complete trans- ary matters. son for whom such manager manages a fund; parency of this program, including pub- (9) require each manager of a public-pri- Mr. President, am I correct we are vate investment fund to acknowledge a fidu- lic disclosure of all transactions and now back on the Kyl amendment? ciary duty to the public and private inves- the current valuation of all assets. And The PRESIDING OFFICER. The Sen- tors in such fund; No. 3, requiring that the fund managers ate is on the Kyl amendment. (10) require each manager of a public-pri- who manage this program have strin- Mr. LEAHY. I thank the Chair, and I vate investment fund to develop a robust gent investor screening procedures, at suggest the absence of a quorum. ethics policy that includes methods to en- least as rigorous as typical know-your- Mr. ENSIGN addressed the Chair. sure compliance with such policy; customer procedures found at commer- Mr. LEAHY. I withhold that request (11) require stringent investor screening cial banks or retail brokerage firms to procedures for public-private investment for the Senator from Nevada. funds that include know your customer re- ensure investors are legitimate. AMENDMENT NO. 1000 Let’s put these safeguards in place. quirements at least as rigorous as those of a Mr. ENSIGN. Mr. President, I call for These are common sense. We are all commercial bank or retail brokerage oper- regular order on the Boxer amendment. talking about a bill in front of us that ation; The PRESIDING OFFICER. The (12) require each manager of a public-pri- eliminates fraud and abuse. Well, there amendment is pending. vate investment fund to identify for the Sec- is no bigger program that we have The Senator from Vermont. retary of the Treasury each beneficial owner right now than the TARP program. We Mr. LEAHY. Mr. President, I thought of a private interest in such fund; and need to eliminate fraud and abuse. And (13) require the Secretary of the Treasury the Kyl amendment was pending by when the special inspector general has to ensure that all investors in a public-pri- unanimous consent. said this new program is ripe with vate investment fund are legitimate. The PRESIDING OFFICER. The Kyl fraud and abuse, we ought to protect (c) REPORT.—Not later than 45 days after amendment was pending, but the Sen- the date of the establishment of a program the taxpayers. ator has called for regular order. described in subsection (a), the Special In- I urge my colleagues to adopt this Mr. ENSIGN. Mr. President, do I spector General of the Troubled Asset Relief amendment so that the Treasury De- have the floor? Program shall submit to Congress a report partment fulfills President Obama’s on the implementation of this section. The PRESIDING OFFICER. The Sen- promise of bringing in transparency (d) DEFINITION.—In this section, the term ator from Nevada. ‘‘public-private investment fund’’ means a fi- and open government. That is what he AMENDMENT NO. 1003 TO AMENDMENT NO. 1000 nancial vehicle that is— promised upon coming in. This par- (1) established by the Federal Government ticular amendment will help ensure Mr. ENSIGN. Mr. President, I call up to purchase pools of loans, securities, or as- that the American people have trans- as my second-degree amendment No. sets from a financial institution described in parency and that their interests are 1003. section 101(a)(1) of the Emergency Economic protected, especially their dollars are Mr. LEAHY. Mr. President, I suggest Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); the absence of a quorum. and protected with this new program that literally could run into the hundreds of The PRESIDING OFFICER. The Sen- (2) funded by a combination of cash or eq- ator from Nevada has the floor. uity from private investors and funds pro- billions of dollars. vided by the Secretary of the Treasury, the With that, Mr. President, I yield the Mr. ENSIGN. I call up amendment Federal Deposit Insurance Corporation, or floor, and I urge all of my colleagues to No. 1003. the Board of Governors of the Federal Re- support this amendment. Hopefully, we Mr. LEAHY. Mr. President, I suggest serve System. won’t get blocked on having a vote on the absence of a quorum. Will the Sen- Mr. ENSIGN. Mr. President, tax- this amendment. ator give up the floor? payers and politicians alike have been The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The too long in the dark about how the ator from Vermont. clerk will report. Treasury has been implementing this Mr. LEAHY. Mr. President, I assume The assistant legislative clerk read so-called TARP program—or as most the Banking Committee will talk as follows: people in the country know it, the about the amendment of the Senator The Senator from Nevada [Mr. ENSIGN] bank bailout program. The President from Nevada. proposes an amendment numbered 1003 to has proposed and Treasury Secretary If I could have the attention of the amendment No. 1000. Geithner has proposed a new toxic Senator from Nevada, if his staff would The amendment is as follows:

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That is (1) IN GENERAL.—Any program established investment fund; and why Senator GRASSLEY and I oppose by the Secretary of the Treasury or the (ii) the books, documents, and records of the amendment by the Senator from Board of Directors of the Federal Deposit In- each private investor in a public-private in- Arizona. Awards to whistleblowers surance Corporation that does any of the fol- vestment fund that relate to the public-pri- have to be approved by judges, so there lowing shall meet the requirements of para- vate investment fund; is a mechanism to handle excessive graph (2): (H) require each manager of a public-pri- awards. (A) Creates a public-private investment vate investment fund to give such public-pri- fund. vate investment fund terms that are at least When we have something like the (B) Makes available any funds from the as favorable as those given to any other per- False Claims Act that is working as Troubled Asset Relief Program established son for whom such manager manages a fund; well as it is—as I said, it is one of the under title I of the Emergency Economic (I) require each manager of a public-pri- few things that has made money for Stabilization Act of 2008 (12 U.S.C. 5211 et vate investment fund to acknowledge a fidu- the Federal Government. So far it has seq.) or the Federal Deposit Insurance Cor- ciary duty to the public and private inves- made $22 billion for the U.S. taxpayers. poration for— tors in such fund; I hate to interfere with something that (i) a public-private investment fund; or (J) require each manager of a public-pri- is working. (ii) a loan to a private investor to fund the vate investment fund to develop a robust purchase of a mortgage-backed security or ethics policy that includes methods to en- My time is up. The Senator from Ari- an asset-backed security. sure compliance with such policy; zona is on the Senate floor. (C) Employs or contracts with a private (K) require stringent investor screening The PRESIDING OFFICER. The Sen- sector partner to manage assets for a public- procedures for public-private investment ator from Arizona is recognized. private investment program. funds that include know your customer re- Mr. KYL. Mr. President, the purpose (D) Guarantees any debt or asset for pur- quirements at least as rigorous as those of a of this amendment is to provide a limi- poses of a public-private investment pro- commercial bank or retail brokerage oper- tation of $50 million for the recovery of gram. ation; the whistleblowers who bring actions (2) REQUIREMENTS.—Any program described (L) require each manager of a public-pri- that result in recovery for the Govern- in paragraph (1) shall— vate investment fund to identify for the Sec- (A) impose strict conflict of interest rules retary of the Treasury each beneficial owner ment of money that otherwise would on managers of public-private investment of a private interest in such fund; and have been lost due to fraud. There funds that— (M) require the Secretary of the Treasury needs to be a reward, and most of these (i) specifically describe the extent, if any, to ensure that all investors in a public-pri- whistleblowers, frankly, are not look- to which such managers may— vate investment fund are legitimate. ing for money. But it seems to me, (I) invest the assets of a public-private in- (3) REPORT.—Not later than 45 days after from 1986 when we did this, we never vestment fund in assets that are held or the date of the establishment of a program contemplated these multibillion-dollar managed by such managers or the clients of described in paragraph (1), the Special In- settlements or awards, and to provide such managers; and spector General of the Troubled Asset Relief (II) conduct transactions involving a pub- Program shall submit to Congress a report up to 30 percent of that to the people lic-private investment fund and an entity in on the implementation of this section. who bring the action is too much. We which such manager or a client of such man- (4) DEFINITION.—In this subsection, the could save the Federal Government a ager has invested; term ‘‘public-private investment fund’’ lot of money if we put in a modest lim- (ii) take into consideration that there is a means a financial vehicle that is— itation. I would argue a $50 million trade off between hiring a manager with sig- (A) established by the Federal Government award per case is a pretty liberal nificant experience as an asset manager that to purchase pools of loans, securities, or as- award. My amendment would cap the has complex conflicts of interest, and hiring sets from a financial institution described in award at $50 million, and I ask my col- a manager with less expertise that has no section 101(a)(1) of the Emergency Economic conflicts of interest; and Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); leagues to support the amendment. (iii) acknowledge that the types of entities and The PRESIDING OFFICER. The Sen- that are permitted to make investment deci- (B) funded by a combination of cash or eq- ator from Iowa is recognized. sions for a public-private investment fund uity from private investors and funds pro- Mr. GRASSLEY. Mr. President, I ask may need to be limited to mitigate conflicts vided by the Secretary of the Treasury, the unanimous consent for 15 seconds. of interest; Federal Deposit Insurance Corporation, or The PRESIDING OFFICER. Without (B) require the disclosure of information the Board of Governors of the Federal Re- objection, it is so ordered. regarding participation in and management serve System. Mr. GRASSLEY. Mr. President, I of public-private investment funds, including Mr. LEAHY. Mr. President, I suggest would like to point out, as I did in my any transaction undertaken in a public-pri- the absence of a quorum. vate investment fund; debate, that we have a much larger (C) require each public-private investment The PRESIDING OFFICER. The False Claims Act bill pending in the fund to make a certified report to the Sec- clerk will call the roll. Judiciary Committee. I think what the retary of the Treasury that describes each The assistant legislative clerk pro- Senator from Arizona brought up is a transaction of such fund and the current ceeded to call the roll. legitimate subject for discussion, but it value of any assets held by such fund, which Mr. LEAHY. Mr. President, I ask ought to be discussed in the wider glob- report shall be publicly disclosed by the Sec- unanimous consent that the order for al issue of the False Claims Act and retary of the Treasury the quorum call be rescinded. not in a fraud bill where we are just (D) require each manager of a public-pri- The PRESIDING OFFICER. Without trying to make some very short vate investment fund to report to the Sec- objection, it is so ordered. retary of the Treasury any holding or trans- changes in the False Claims Act. action by such manager or a client of such AMENDMENT NO. 986 I ask my colleagues to vote against manager in the same type of asset that is Mr. LEAHY. Mr. President, I under- the Kyl amendment. held by the public-private investment fund; stand that the Senator from Arizona The PRESIDING OFFICER. The (E) allow the Special Inspector General of and I have 2 minutes equally divided question is on agreeing to the amend- the Troubled Asset Relief Program, access to between us before the vote? ment. The yeas and nays have been all books and records of a public-private in- The PRESIDING OFFICER. That is previously ordered. The clerk will call vestment fund; correct. (F) require each manager of a public-pri- the roll. vate investment fund to retain all books, Mr. LEAHY. I know Senator KYL is The assistant legislative clerk called documents, and records relating to such pub- on the way. I will say what I said be- the roll. lic-private investment fund, including elec- fore, when he was standing on the Mr. REID. I announce that the Sen- tronic messages; floor. I, along with Senator GRASSLEY, ator from Illinois (Mr. DURBIN), the

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Senator from Massachusetts (Mr. KEN- marks of the Senator from Con- cept them as part of this bill, and oth- NEDY), the Senator from New Jersey necticut. ers which are of concern to me and (Mr. LAUTENBERG), the Senator from The PRESIDING OFFICER. Without which I would oppose for reasons I will Connecticut (Mr. LIEBERMAN), and the objection, it is so ordered. briefly explain. Senator from West Virginia (Mr. Mr. LEAHY. Madam President, if the On a positive note, Senator COBURN ROCKEFELLER) are necessarily absent. Senator will yield for a moment, this has offered amendment No. 983. This Mr. KYL. The following Senators are bill would have been easily finished amendment would require the exam- necessarily absent: the Senator from last night, but I understand, under the ination of what happened with the Tennessee (Mr. ALEXANDER) and the Senate schedule, we were unable to GSEs, Fannie Mae, Freddie Mac, the Senator from Kansas (Mr. ROBERTS). continue at that time. I hope we will Federal Home Loan Banks. Further, if present and voting, the finish soon so that we don’t have to Yesterday, we adopted a proposal, of- Senator from Tennessee (Mr. ALEX- spend a great deal more time. We have fered by Senators ISAKSON, CONRAD, ANDER) would have voted: ‘‘yea.’’ had a large number of amendments and myself, to establish a commission The PRESIDING OFFICER (Mrs. that are basically Banking Committee to examine thoroughly how we got into HAGAN). Are there any other Senators amendments, and other committees, the situation we find ourselves in. in the Chamber desiring to vote? not the Judiciary Committee. We There has been a debate about whether The result was announced—yeas 31, should come back to realizing that this we ought to do that with an outside nays 61, as follows: is a Judiciary bill. Every one of us says commission or within the Congress. [Rollcall Vote No. 162 Leg.] we are against those who are stealing There is a legitimate debate about YEAS—31 life savings and money set aside for that. My colleague from North Dakota kids’ colleges and stealing people’s proposed a select committee, which Barrasso Cornyn McCain Bennett DeMint McConnell homes. We all say we would love to put was adopted last evening. Whether we Bingaman Ensign Murkowski them in jail. We will not do it until we adopt the select committee approach Bond Enzi Sessions get the bill through. or an outside commission, in either Brownback Gregg Shelby Bunning Hatch I yield the floor. case, the GSEs would be a part of that Specter The PRESIDING OFFICER. The Sen- examination. Burr Hutchison Thune Chambliss Inhofe Vitter ator from Connecticut. I make the case that the amendment Coburn Isakson Wicker Mr. HATCH. Madam President, if the of the Senator from Oklahoma may be Cochran Kyl Corker Lugar Senator will yield for a unanimous con- duplicative or unnecessary. But rather sent request. than have an extended debate about NAYS—61 Mr. DODD. I will. that, I recommend we accept the Akaka Graham Nelson (NE) Mr. HATCH. I ask unanimous consent amendment. The issues surrounding Baucus Grassley Nelson (FL) that I be permitted to call up an the GSEs are clearly going to be a part Bayh Hagan Pryor Begich Harkin Reed amendment following the remarks of of the look-back. So rather than have Bennet Inouye Reid Senators DODD and DORGAN. extended debate about that, let’s just Boxer Johanns Risch The PRESIDING OFFICER. Without accept the amendment and move on. Brown Johnson Sanders objection, it is so ordered. Then the commission or the select Burris Kaufman Schumer Byrd Kerry Mr. DODD. Madam President, the Shaheen committee can make those specific de- Cantwell Klobuchar Snowe Fraud Enforcement and Recovery Act terminations. I urge that a voice vote Cardin Kohl of 2009 comes out of the Judiciary Com- Carper Landrieu Stabenow be acceptable on that issue. Casey Leahy Tester mittee. Senators LEAHY and GRASSLEY Senator KOHL has offered amendment Collins Levin Udall (CO) and their colleagues have worked hard No. 990. That amendment is designed to Conrad Lincoln Udall (NM) to put together a strong bipartisan bill offer additional protections to older Crapo Martinez Voinovich Dodd McCaskill Warner to deal with fraud. In fact, I am told Americans from misleading and fraud- Dorgan Menendez Webb that for every dollar we invest in this ulent marketing practices within the Feingold Merkley Whitehouse effort, there is roughly $15 that would financial area. I commend my col- Feinstein Mikulski Wyden accrue to the benefit of American tax- league for his amendment. We all know Gillibrand Murray payers. I commend them for their ef- elderly Americans are some of the NOT VOTING—7 forts on this important piece of legisla- most—if not the most—vulnerable to Alexander Lautenberg Rockefeller tion. the marketing scams that go on, either Durbin Lieberman However, this Judiciary Committee through direct mail operations or tele- Kennedy Roberts bill is sort of turning into a Banking marketing operations. People who are The amendment was rejected. Committee bill as most of the amend- alone and vulnerable in many ways are Mr. LEAHY. I move to reconsider the ments being offered are within the ju- incredibly susceptible to some egre- vote and to lay that motion on the risdiction of the Banking Committee. I gious marketing techniques. The Sen- table. understand the appetite of my col- ator has offered an amendment that The motion to lay on the table was leagues to address some of these ques- would provide additional security for agreed to. tions. Some of them are very good those in retirement, and we can all ap- VOTE EXPLANATION ideas, ones that I will mention in a mo- plaud him for that effort. The amend- Mr. DURBIN. Mr. President, on vote ment and that I can support. Others ment has been endorsed by the North No. 162, I was unavoidably detained due are very complicated and have are American Securities Administrators, to my representation of the Senate at technical issues, but they also could do financial planners, the Consumer Fed- the annual Day of Remembrance Cere- great damage to the effort we are all eration of America, and many others. I mony. principally engaged in and desirous of commend Senator KOHL for that Had I been present for the vote, I achieving, and that is to restore con- amendment and again urge my col- would have voted ‘‘nay’’ on Kyl amend- fidence and optimism in order to get leagues to accept it, if that is accept- ment No. 986 to the Fraud Enforcement our economic system back on its feet. able to the Senator from Wisconsin. and Recovery Act of 2009. I thought it might be valuable, as Senator SCHUMER has offered amend- The PRESIDING OFFICER. The Sen- chairman of the Banking Committee, ment No. 1006 which would add $20 mil- ator from Connecticut. to run through the amendments that lion of authorization to the Securities Mr. DORGAN. Will the Senator affect the jurisdiction of the Banking and Exchange Commission in funding yield? Committee and to share some of my for 2010 and 2011. All of us can appre- Mr. DODD. I will. observations on ones I would be willing ciate the need for additional support Mr. DORGAN. I ask unanimous con- to support, which means we could pos- for the Enforcement Division. Ameri- sent to be recognized following the re- sibly have voice votes on them and ac- cans are painfully aware of the Madoff

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10518 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 scandal as well as the Stanford Ponzi the TARP, but that is what Congress payer money, it seems to me we ought schemes. We have had these agencies adopted. There were those who ob- to make sure we are not going to allow before our Banking Committee with jected to using TARP money for the that unilateral self-interest to trump hearings on how that happened, wheth- auto industry and believed that was the interests of the larger concern; and er or not people were doing their jobs. wrong. There may be other areas where that is the American taxpayer and the Senator SCHUMER has suggested we some have disagreed with the use of overall restoration of our economic provide additional resources. TARP funds. But to have it become a well-being. Earlier this year, I requested, along funding mechanism for every bill that So I say respectfully to my colleague, with members of my committee, a bil- comes along would undermine the very and a member of our committee, Sen- lion dollars a year for the SEC in 2010, purpose of those programs. ator VITTER, this amendment, I think a level which we still will not reach The next two amendments I urge my no matter how good his intentions, with this additional $20 million. Many colleagues to pay attention to and I be- may actually do a lot more damage and of us agree that the Securities and Ex- lieve are matters of concern are the harm if it were to be adopted at this change Commission has to have the amendments from our colleague from critical moment when we see that tools and the staff to do the job. There Louisiana, Senator VITTER, No. 991, and glimmer of light that our economy is are an awful lot of scams going on. We Senator DEMINT from South Carolina, beginning to show some signs of recov- don’t want to hear about Americans amendment No. 994. Let me explain ery. This amendment could set us back being victimized by them any longer. both of the amendments and why I at the very moment we may be heading While there is no guarantee that with have concerns about each of them. in the right direction. additional resources and personnel we The Vitter amendment has to do The last amendment I will address at will stop all of them, we certainly with the issue of warrants. It is a com- this moment is one offered by our col- know that with additional resources plicated subject matter, but let me league from South Carolina, Senator and tools, we can minimize the prob- briefly explain it. What would be the DEMINT. I am not in any way dispar- lems that emerged with the Madoff and effect of this amendment? This amend- aging the intentions of my colleagues Stanford scandals. Senator SCHUMER ment is basically a favor to banks and here. I have great respect for all whom has offered a very good amendment, minimizes help for taxpayers. That is I serve with, and their intentions, I am and I urge that it be accepted. what it comes down to. This amend- sure, are motivated by their own Those three amendments are ones we ment would take away the discretion framework of how they see these can accept, and hopefully we will in of regulators and the Treasury to im- issues. But this amendment concerns order to assist our colleague from pose additional capital requirements or me as well in a similar vein. It is a dif- Vermont and others in moving this bill any other requirements on a TARP re- ferent subject matter, but a similar ap- along. cipient that could benefit taxpayers or proach. Let me mention a couple of amend- protect the financial system. Under Here is what I mean by that. The ments with which I have some dif- this amendment, the financial institu- DeMint amendment also allows a lot of ficulty. tions would have the discretion to act discretion to be left in the hands of the First, the Coburn amendment No. on their own in areas where they cur- financial institutions, the institutions 982. This amendment would authorize rently can not. It is quite clear that which have received, of course, tremen- the use of TARP funds to cover the when they receive, in many cases, bil- dous support from the American tax- cost of this bill. I have many problems lions of dollars in taxpayer money to payer. This amendment would deprive with this amendment. First, there is a shore up their position, to salvage the Treasury of the ability to convert point of order against this amendment. these institutions, that to then turn preferred stock to common stock. That But aside from the point of order, the around and allow them unilaterally to conversion could allow banks to basi- purpose of TARP, which Congress make decisions which could harm the cally shore up their balance sheets. passed last year, was to provide assist- taxpayer and cause even further delay That is what some are considering to ance to unlock our frozen financial of financial system recovery is exactly do. This would limit their ability to do markets in order to provide credit for the wrong direction in which we ought that. It would say you could not do small businesses; to purchase securities to be going. that. You could not have that kind of backed by loans from small businesses; The amendment would allow the conversion. to provide capital to banks so they can TARP recipient, rather than Treasury, If we limit that ability to make that continue to make loans, although not to determine when its warrants would kind of a discretionary decision, then many of them are doing so, but that be repurchased. The amendment would this could mean that more small busi- was the idea behind the program; and not permit Treasury’s discretion to de- ness lending would be curtailed, more to fund the Making Home Affordable termine when warrants may be exe- mortgage lending would be curtailed, Programs, which modifies mortgage cuted and would allow the recipient to more lending for commercial real es- loans, either reducing principal or in- indefinitely defer exercise of the war- tate, all of which may be absolutely terest, so that we can mitigate the rants. In addition, it could harm the critical in the coming weeks. 10,000 people a day who are entering taxpayers by eliminating the require- Preferred stock does not increase into foreclosure and for whom modi- ment that Treasury pay market price bank capital in a similar manner as fying those loans is critically impor- for these warrants. common shares do. The Senator’s tant. If we start going around and de- So under this amendment, we are re- amendment could lead to the very real ciding we will use TARP funds for ducing the power of the regulators at consequence that lending is constricted every idea and every bill that comes to the very critical moment we want significantly more than we see cur- the floor we will deprive the Treasury them to exercise that influence rather rently. That would mean more busi- and others of the tools necessary to get than allow the recipients themselves to nesses closing for lack of capital, our economy moving again. If we start allow what is in their best interest. which means more job losses across our spreading TARP resources in areas They are the ones who have received country. It means more foreclosures of that have little or nothing to do with billions of taxpayer money. It seems to homes. Madam President, as I men- the underlying economic crisis we will me having a leash on all that and al- tioned earlier, 10,000 homes a day is a be taking a step in the wrong direction. lowing the best decision to be made on staggering number already. I cannot I urge my colleagues to vote against behalf of the overall economy is what imagine watching that number in- amendment No. 982 for those reasons. If we ought to be doing. crease further. Yet the adoption of that we start down this path, it will be more The amendment would empower the amendment could achieve that result. and more difficult to get our economy banks, which may act in their indi- It could also mean foreclosed homes back on its feet again. I know that vidual interests—and I understand staying on the market longer, another many of my colleagues disagreed with that—but having received so much tax- result that we do not want to see.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10519 In short, the amendment means a lot be rejected. And for the reasons I of- (Purpose: To prohibit the Department of more economic hardship. Some TARP fered on, the second Coburn amend- Labor from expending Federal funds to recipients may not be able to pay a div- ment, that are that we cannot turn the withdraw a rule pertaining to the filing by idend in connection with preferred TARP program into a slush fund for labor organizations of an annual financial shares. It would be counterproductive report required by the Labor-Management every program that comes through Reporting and Disclosure Act of 1959) to deprive the Treasury of their discre- here, as it was specifically designed to At the end, insert the following: tion to convert its preferred shares to deal with the economic crisis, and that common shares under those cir- SEC. ll. TRANSPARENCY IN ANNUAL FINANCIAL ought to be the purpose for which these REPORTS. cumstances. At a very time you want funds are used. I urge my colleagues to (a) FINDINGS.—Congress finds the fol- to shore up balance sheets by allowing reject that amendment as well. lowing: for that conversion, this amendment Unfortunately, Senator LEAHY, the (1) The American workers who contribute would prohibit that conversion. It chairman of the Judiciary Committee, union dues deserve to have transparency and seems to me to constrict that kind of has had his bill turn into a Banking accountability in the management of their action is exactly the wrong direction unions. Committee bill with all of these to be going in at this very moment. (2) Since 2001, investigations of union fraud amendments. So I felt obligated in The Government’s upside potential have resulted in more than 1,000 indictments, could be much greater with common some sense to come over and share 929 convictions, and restitution in excess of shares in some instances, and to deny with my colleagues at least my obser- $93,000,000. (3) A new rule (referred to in this sub- the ability of our Treasury and others vations on these amendments: the ones I think we can accept—and I applaud section as the ‘‘transparency rule’’) to re- to make that kind of conversion I quire union management to disclose more in- think could be harmful. my colleagues who have offered amend- ments that I think are significant and formation about sales and purchases of as- Allowing conversion from preferred sets, and disbursements to officers and em- shares to common shares would permit can contribute; even the first Coburn ployees, among other things, was set to take the Treasury to provide additional amendment, which I disagree with be- effect on April 21, 2009, after a previous delay flexibility and assistance to financial cause you do not need it as a result of affording reporting entities more time to institutions and, maybe most impor- the earlier amendments which we prepare to comply. tantly, would limit the use of addi- adopted cover the issues of his amend- (4) The Obama Administration has set a tional taxpayer funds. Let me empha- ment. But I think all of us recognize goal for itself to be the most open and trans- parent administration in the history of the size that point. I think we are all pain- that the GSES issues have to be part of that look-back, so I would find it dif- Nation. fully aware that with about $100 billion (5) On April 21, 2009, the Department of left of TARP funds, if you restrict the ficult to oppose his amendment. There- Labor issued— ability to move from preferred shares fore, I urge my colleagues to support (A) a final rule providing for a further to common shares, you increase the that amendment, along with the Kohl delay of the transparency rule; and likelihood of having to come back here. amendment and the Schumer amend- (B) a proposed rule to withdraw the trans- I do not know of a single Member of ment that have been offered. parency rule. this body who welcomes coming back With that, I see my colleagues from (6) The transparency rule would have been here seeking additional TARP funds. a key tool in the battle against fraud, dis- North Dakota and Utah who are anx- couraging embezzlement of the money of That may very well occur, but it will ious to speak. I yield the floor. union members and making money harder to occur a lot more rapidly if you adopt The PRESIDING OFFICER. The Sen- hide, and would have provided great sunlight the DeMint amendment. ator from North Dakota. and transparency to allow members to know So while, again, I respect my col- how their dues were being spent. league from South Carolina, a member Mr. DORGAN. Madam President, I (7) The Department of Labor’s actions are of our committee—and I do not ques- thank my colleague from Connecticut. in direct contradiction to everything the tion at all his motivations in all of I also thank my colleague from Utah Obama Administration purports to stand for. this—I say in this case as well, as with for his forbearance so that I might (b) PROHIBITION.—The Secretary of Labor the Vitter amendment, you are re- make a few comments. I appreciate the may not expend Federal funds to withdraw stricting the ability of the people we courtesy of Senator HATCH. the rule issued by the Secretary of Labor en- titled ‘‘Labor Organization Annual Financial have charged with managing this. If we Madam President, I ask unanimous Reports’’, 74 Fed. Reg. 3678 (January 21, 2009). end up having Congress—535 Members consent that my statement be printed Mr. HATCH. Madam President, I rise of Congress—deciding on a daily basis in the morning business section of to- to propose an amendment that will en- how to micromanage this program, and day’s RECORD. with all due respect to my colleagues, sure transparency and prevent egre- The PRESIDING OFFICER. Without gious cases of fraud against American this is above our pay grade in many objection, it is so ordered. ways. We in Congress do a lot of things workers. My amendment is very sim- (The remarks of Mr. DORGAN are well. Micromanaging this program, ple, and I think it is compelling. All it printed in today’s RECORD under such as these two amendments suggest, does is prevent the administration ‘‘Morning Business.’’) I think sends us in the wrong direction. from rescinding current regulations Again, I urge my colleagues on both AMENDMENT NO. 1007 that require transparency in the way that union management chooses to sides of the aisle to please look at Mr. HATCH. Madam President, I ask spend the hard-earned dues collected these two amendments and understand unanimous consent that the pending from their members. This amendment the potential danger were they to be amendment be set aside and I call up is specifically directed at preventing adopted. It would certainly curtail our amendment No. 1007. ability, in my view, to engage in ex- the weakening of the Department of The PRESIDING OFFICER. Without actly the activities that need to be at Labor’s Office of Labor-Management objection, it is so ordered. The clerk the top of our agenda: loosening up Standards—or OLMS it is called— will report. that credit market; getting a hold of which is the sole Federal agency the foreclosure issue, and trying to go The legislative clerk read as follows: tasked with protecting the interests of in the opposite direction of where it is The Senator from Utah [Mr. HATCH] pro- American workers who pay union dues. going today; making it possible for poses an amendment numbered 1007. Under current Federal law, the OLMS requires financial reporting that small businesses to get back on their Mr. HATCH. Madam President, I ask feet; and allowing banks to start lend- ensures the transparency of how labor unanimous consent that the reading of ing again in this country. If you adopt union management spends labor union the amendment be dispensed with. these two amendments you achieve the dues in the area of compensation of opposite result. The PRESIDING OFFICER. Without labor leaders, the purchasing of union So I urge, on both the Vitter amend- objection, it is so ordered. assets, and additional information re- ment and the DeMint amendment, they The amendment is as follows: garding various union receipts. This

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10520 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 law requires union leaders to disclose member of the AFL–CIO. I went I yield the floor, and I suggest the ab- how members’ money is spent and pro- through a formal apprenticeship. I paid sence of a quorum. vides protection from fraud, waste, and dues, and I became a journeyman metal The PRESIDING OFFICER. The abuse. lather, a skilled trade, back in those clerk will call the roll. Public opinion and our Nation’s dire years when I was working in construc- The legislative clerk proceeded to economic conditions have driven us to tion. call the roll. require banks, corporations, and even Union funds, as I say, are also com- Mr. SCHUMER. Madam President, I Presidential administrations to do prised of pension funds, which some- ask unanimous consent that the order business in the light of day—in full times are targeted by organized crime for the quorum call be rescinded. transparency. Therefore, the same ex- and used to underwrite mob activities. The PRESIDING OFFICER. Without pectation of transparency should apply When I was chairman of the Labor objection, it is so ordered. to labor unions. The previous adminis- Committee, we did a lot to try and AMENDMENT NO. 1006 tration took steps to do that in 2003 by overcome these things, but it has never Mr. SCHUMER. I ask unanimous con- updating reporting requirements and been done better than between 2001 and sent that my amendment No. 1006 be forms. These updates allowed the elec- 2007. From October 2000 through May called up. tronic filing of disclosures on the Inter- 2007, in the State of New York alone, The PRESIDING OFFICER. The net. The Office of Labor-Management the OLMS conducted 334 audits and ob- amendment is pending. Standards—OLMS—was about to im- tained 87 indictments, resulting in 82 Mr. SCHUMER. Madam President, I plement a second update that would re- convictions. That is a high constriction ask unanimous consent that the quire information about compensation rate, showing this is not some little amendment be passed. to union officers. This revision also itty, bitty problem. This, in turn, re- The PRESIDING OFFICER. Is there would have required the disclosure of sulted in the recovery and restitution any further debate on this issue? transactions involving union assets. of $39.6 million. In Illinois, the OLMS If not, the question is on agreeing to Unfortunately, as was reported this indicted 44 persons in connection with the amendment. year in the April 21 Federal Register, fraudulent activity involving union The amendment (No. 1006) was agreed the Labor Department and Labor Sec- funds, resulting in 42 convictions. to. retary Hilda Solis have delayed the ef- These are statistics we can all be proud Mr. SCHUMER. Madam President, I fective date of these revisions. Further- of. OLMS investigations produced 1,000 wish to note to the body that this is more, on this same date, the Labor De- indictments and obtained 929 constric- the SEC amendment that adds $20 mil- partment has published a notice that tions—a 92.9-percent conviction rate. lion for new SEC staff and investiga- seeks to withdraw the rule entirely. By We are debating legislation that pro- tors and another $1 million for the IG doing this, Secretary Solis has effec- vides more investigators and remedies within the SEC. This was the one part tively neutralized OLMS in its mission to prevent fraud and enforce Federal of this very fine piece of legislation to ensure the transparency in the way laws. The OLMS enforces the Labor that wasn’t included. Of course, if you labor unions spend the hard-earned Management Reporting Disclosure Act, are looking at financial fraud—the money of their Members. Ironically, a bipartisan law with roots back to an- kind Bernie Madoff and so many others this is being done by an administration other former Senator who was young, did—beefing up the SEC and making that has told the American public that inspiring, and went on to become Presi- sure they are much tougher and more transparency and change has returned dent: John F. Kennedy. It was then- focused, as the technology parts of this to Washington. It would appear to me Senator Kennedy who inserted into amendment will allow, is what we that the Labor Department did not get this act the union members’ bill of need. that memo. I feel confident President rights. It is the union members who are Senator GRASSLEY wanted to make Obama would be on my side on this, entitled to transparency. The whole sure the SEC avoided past mistakes that he would want the transparency. world is entitled to transparency in under its old leadership and made some It is in the best interests of union these instances as well. It is the mis- very useful suggestions. That is why workers. It protects them from fraud. sion of the OLMS to ensure that union the SEC wasn’t included originally. We It protects their dues as they put them business is conducted in the light of agreed on those. I wish to thank him, in there. Unions can run the unions day, with its members’—and that is Senator LEAHY, as well as Senator just as businesses run businesses, but plural—interests at heart. SHELBY, who has been my cosponsor for they ought to do it honestly. That is It is for this reason that I have risen passing this legislation. why these regulations are so impor- to propose this amendment and I ask I also wish to thank our new chair at tant. That is why this amendment is so my colleagues for their support and I the SEC, Chair Schapiro. Mary important. ask for the yeas and nays. Schapiro is a breath of fresh air within There should not be any debate as to The PRESIDING OFFICER. Is there a the SEC. She is trying to shake it up the effectiveness of the OLMS. From sufficient second? and focus on the kinds of mistakes we 2001 through 2007, OLMS investigations There is not a sufficient second at have seen in the past where the whis- resulted in 1,000 indictments. The Of- this time. tleblower came before the SEC and Mr. HATCH. Well, then I will ask for fice of Labor-Management Standards gave them the goods on Madoff and the yeas and nays at the appropriate fraud investigations between 2001 and they passed it by. It won’t happen time. again. This amendment should help 2007 resulted in 1,000 indictments and Mr. REID. Madam President, I ask make that happen and strengthen this convictions of 929 of those indicted. unanimous consent that the call of the fine legislation. The funds recovered that were illegally quorum be terminated. I yield the floor. taken amounted to $93 million. Think The PRESIDING OFFICER. The Sen- about that: $93 million in restitution ate is not in a quorum call. EXECUTIVE POWER was paid back to the victims of those Mr. HATCH. Madam President, I ask Mr. SPECTER. Madam President, I crimes. I am sure I need not remind for the yeas and nays. ask unanimous consent to proceed for any Member of this body that union The PRESIDING OFFICER. Is there a up to 10 minutes as in morning busi- dues are seldom voluntarily given. Men sufficient second? This time there is a ness. and women who join these unions are sufficient second. The PRESIDING OFFICER. Without often compelled to pay as part of their The yeas and nays are ordered. objection, it is so ordered. employment agreement. Union funds Mr. HATCH. I thank the majority Mr. SPECTER. I have sought rec- are also comprised of pension funds, leader for his kindness and, of course, ognition to introduce three bills relat- which have occasionally been targeted we are willing to have this come up ing to limiting Executive power. Be- by organized crime and used to under- whenever the majority leader and the cause of the past period of time since 9/ write mob activities. I know. I was a minority leader determine. 11, we have seen enormous expansion of

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10521 Executive power. We have seen the ration of powers. President Obama, as THE TERRORIST SURVEILLANCE PROGRAM—ACT I President, during President George W. only the third sitting senator to be As chairman of the Senate Judiciary Bush’s administration, use signing elected president in American history, Committee from 2005 to 2007, I led the statements extensively. We have seen and the first since John F. Kennedy, effort to reauthorize and improve the President Obama use a signing state- may be more likely to respect the sepa- 2001 USA PATRIOT Act, which was ment already in his short tenure, ration of powers than President Bush originally set to expire at the end of which, in effect, nullifies what the Con- was. But rather than put my faith in 2005. Indeed, after intensive bipartisan gress has done. any president to restrain the executive negotiations, the Judiciary Committee The Constitution is plain that there branch, I intend to take several con- succeeded—to the surprise of most ob- is a presentment of legislation to the crete steps, which I hope the new Presi- servers—in approving a revised bill by President and he either signs it or ve- dent will support. unanimous vote. The full Senate then approved the bill by unanimous con- toes it. What we have found is that First, I intend to introduce legisla- sent, but the conference report nego- Presidents are now cherry-picking the tion that will mandate Supreme Court tiated with the House of Representa- parts they like and the parts they don’t review of lower court decisions in suits tives faced stiffer opposition. Neverthe- like. So I am submitting legislation on brought by the ACLU and others that Presidential signing statements. less, after days of floor debate, I awoke challenge the constitutionality of the on December 16, 2005, fully expecting to The second issue of concern involves warrantless wiretapping program au- the immunity for the telephone compa- finish Senate action on the long-de- thorized by President Bush after Sep- layed reauthorization. nies which would deprive Federal juris- tember 11. While the Supreme Court diction for some 40 cases. I believe tele- So, I was startled—really shocked— generally exercises discretion as to to read the lead story in the New York phone companies have been good citi- whether it will review a case, there are Times that morning, titled ‘‘Bush Lets zens in providing very important infor- precedents for Congress to direct Su- US Spy on Callers Without Courts,’’ mation. I believe there is a way to preme Court review on constitutional which revealed that our intelligence maintain the jurisdiction of the Fed- issues—including the statutes forbid- agencies had been engaged in eral courts and still not subject the ding flag burning and requiring Con- warrantless wiretapping since shortly telephone companies to litigation or gress to abide by Federal employment after September 11, in flat violation of possible damages by having the Gov- laws—and I will follow those. the Foreign Intelligence Surveillance ernment substituted as the party de- Second, I will reintroduce legislation Act—FISA—of 1978. This is James fendant. I am introducing legislation to keep the courts open to suits filed Risen and Eric Lichtblau, ‘‘Bush Lets on that subject. against several major telephone com- U.S. Spy on Callers Without Courts,’’ Third, I am introducing legislation panies that allegedly facilitated the the New York Times, December 16, that would establish a requirement Bush administration’s warrantless 2005. The news caused the Senate to that the Supreme Court of the United wiretapping program. Although Con- delay passage of the PATRIOT Act re- States take jurisdiction on all appeals gress granted immunity to the tele- authorization for months. Senator involving the terrorist surveillance phone companies in July 2008, this CHARLES SCHUMER expressed the senti- program. That program has caused a issue may yet be successfully revisited ments of many: ‘‘I went to bed last great deal of controversy because of since the courts have not yet ruled on night unsure of how to vote on this leg- the issue as to whether the President the legality of the immunity provision. islation. . . . Today’s revelation that has authority under article II to ignore My legislation would substitute the the Government listened in on thou- the explicit provisions of the Foreign government as defendant in place of sands of phone conversations without Intelligence Surveillance Act. The ter- the telephone companies. This would getting a warrant is shocking and has rorist surveillance program, was de- allow the cases to go forward, with the greatly influenced my vote.’’ More im- clared unconstitutional by a Federal government footing the bill for any portantly, the disclosure in the Times court in Detroit. An appeal taken to damages awarded. launched a fierce debate about the ex- the Sixth Circuit was dismissed for rea- tent of Presidential authority in the sons of lack of standing. The forceful Further, I will reintroduce my legis- lation from 2006 and 2007—the Presi- war on terror that has yet to be fully dissenting opinion in that case showed resolved. dential Signing Statements Act—to that there was sufficient basis for That day, I assured my colleagues prohibit courts from relying on, or de- standing—a very flexible judicial doc- the reports would be a ‘‘matter for trine. ferring to, Presidential signing state- oversight by the Judiciary Committee The Supreme Court of the United ments when determining the meaning . . . a very high priority item.’’ When States denied certiorari, so at this of any act of Congress. These state- Congress reconvened in January 2006, I point, we don’t know whether the ments, sometimes issued when the made good on my promise: I held mul- President’s exercise of authority there President signs a bill into law, have tiple hearings into the program the under article II of the Constitution is too often been used to undermine con- Times revealed, later dubbed the Ter- correct. Certainly, if the President has gressional intent. Earlier versions of rorist Surveillance Program. As ac- that constitutional authority, it my legislation went nowhere because knowledged by President Bush, this supercedes the statute. But that is a of the obvious impossibility of obtain- highly classified program launched in matter which should have been decided ing two-thirds majorities in each House the weeks after September 11 purported a long time ago by the Supreme Court, to override an expected veto by Presi- to authorize the National Security and the Supreme Court has avoided dent Bush. Nevertheless, in the new Agency to intercept phone calls be- moving on that subject. Congress, my legislation has a better tween terror suspects overseas and per- Today, I have an article I have of- chance of mustering a majority vote sons inside the United States. Critics fered on executive power. It appears and being signed into law by President like me argued that the President’s today in the New York review of books, Obama. program violated FISA. After all, the where I outline my intent to introduce To understand why these steps are so law declared the procedures set up by these pieces of legislation. The article important, one must appreciate an im- FISA to be the ‘‘exclusive means’’ by comes from a longer floor statement I balance in our ‘‘checks and balances’’ which such surveillance of telephone had prepared. It has been reduced that has become increasingly evident calls and other communications could somewhat in size. in recent years. I witnessed firsthand, be conducted. FISA also made criminal In the 71⁄2 years since September 11, during many of the battles over admin- all domestic electronic surveillance de- the United States has witnessed one of istration policy since September 11, signed to obtain foreign intelligence the greatest expansions of executive how difficult it can be for Congress and ‘‘except as authorized by statute.’’ Al- authority in its history, in derogation the courts to rally their members though the law defined limited excep- of the constitutionally mandated sepa- against an overzealous executive. tions in emergencies, reports in the

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I and to conduct unfettered foreign in- about certain exceptionally sensitive mat- could not let the presence of these telligence surveillance under article II ters. CEOs pass without confronting them of the Constitution, the section that The attorney general added that, ac- on the surveillance program. defines his authority as Commander in cording to the Congressional Research I asked Mr. Whitacre whether his Chief. I was not, however, sympathetic Service, the leaders of the intelligence ‘‘company provide[d] information to to the administration’s further argu- committees had acquiesced in this the Federal Government.’’ He kept re- ment that Congress had implicitly au- practice. In my view, Gonzales’s argu- peating that they ‘‘follow the law’’—a thorized the President to carry out ment could appeal only to those comment that I told him was ‘‘con- programs such as the Terrorist Surveil- unacquainted with the ways the execu- temptuous of this committee,’’ because lance Program when it authorized the tive branch has, in practice, dealt with I was asking a factual question and he use of military force against terrorists the intelligence committees. Adminis- was offering a legal conclusion. Mr. in September 2001. trations of both parties have some- Whitacre defended his answer on the I was also convinced that President times told the chair and ranking mem- grounds that he had spoken to a num- Bush’s failure to notify Congress of the ber that they have important informa- ber of attorneys who advised him he secret program violated provisions of tion to disclose, but insisted that they could say nothing more. the National Security Act of 1947. That will reveal this information only to The episode did not go unnoticed. For statute requires the President to ‘‘en- some group within the committee and example, under the headline ‘‘Privacy sure that the congressional intel- the top congressional leadership, such flap engulfs hearing,’’ the Atlanta ligence committees are kept fully and as the ‘‘Gang of 8.’’ In many cases, the Journal-Constitution detailed that ‘‘a currently informed of the intelligence offer is accepted as the only way of get- Senate hearing Thursday intended to activities of the United States.’’ But ting the information—at least in a explore the consumer impact of a pro- the administration informed only eight timely manner. posed AT&T-BellSouth merger instead legislators of the Terrorist Surveil- To the extent the administration re- turned into a contentious face-off over lance Program: the chairman and rank- lied on such precedents to justify noti- phone privacy.’’ (see Marilyn Geewax, ing members of the Senate and House fying only the ‘‘Gang of 8,’’ it should AT&T Bellsouth Merger; Privacy Flap Intelligence Committees, and the two have informed me and Senator LEAHY Engulfs Hearing; Panel Wonders About top leaders in the majority and minor- as well. Indeed, administration offi- Use of Phone Records, Atlanta Jour- ity of both Houses, leaving out both me cials briefed both of us on the Terrorist nal-Constitution, June 23, 2006, at 4G. and Senator PATRICK LEAHY as chair Surveillance Program when they later In truth, the matter merited its own and ranking member of the Judiciary sought comprehensive FISA reform. It hearing, but my efforts to hold one Committee, despite the fact that when is quite glaring, then, that they ne- were thwarted by Vice President Che- FISA was enacted in 1978, it went glected to brief us in 2005, even as we ney. Soon after the story broke, I an- through both the Intelligence and Judi- were considering reauthorization of the nounced my intention to schedule a ciary Committees. While the law ex- PATRIOT Act, which was central to hearing with the CEOs of the named plicitly permits notice to this limited the administration’s counterterrorism carriers. I planned to either subpoena ‘‘Gang of 8’’ for certain covert oper- efforts. the companies or arrange a hearing ations—such as efforts to influence po- In the spring of 2006, new allegations closed to the public, which the tele- litical conditions abroad without dis- about the government’s surveillance phone companies had agreed to attend closing the U.S. role—the Terrorist activities surfaced—not at congres- without receiving a subpoena. Unfortu- Surveillance Program did not fit this sional hearings, but again through nately, Vice President Cheney went be- exception. leaks to the press. On May 11, 2006, hind my back to persuade all of the Indeed, those notified were very un- USA Today reported that the National other Republicans on the committee easy about the arrangement. Senator Security Agency had been ‘‘secretly not to support the subpoena and to JAY ROCKEFELLER, then ranking mem- collecting the phone call records of boycott the session I had called to dis- ber on the Intelligence Committee, tens of millions of Americans, using cuss a possible private hearing. In the sent a secret handwritten letter to the data provided by AT&T, Verizon and face of this opposition, I had little Vice President saying the administra- BellSouth.’’ This is Leslie Cauley, choice but to agree to a proposal by tion’s surveillance activities ‘‘raised ‘‘NSA Has Massive Database of Ameri- Senator ORRIN HATCH for a brief delay profound oversight issues’’ on which, can’s Phone Calls,’’ USA Today, June to give him an opportunity to solicit owing to the arrangement, ROCKE- 11, 2006. Although the records report- the administration’s views on my bill FELLER could not ‘‘consult staff or edly included only data like telephone to permit court oversight of the Ter- counsel.’’ A sealed copy of the letter numbers, rather than the contents of rorist Surveillance Program. When I had to be stored in a classified Senate calls, the revelations stirred new con- announced this course of action at the area for over 2 years until knowledge of troversy. executive session, a highly contentious the Terrorist Surveillance Program be- One month later, on June 22, the Chi- debate ensued. came public. Once the story broke, cago Sun-Times reported that AT&T Senator LEAHY, long at odds with the Representative JANE HARMAN, who as had changed its privacy policy to make Vice President, opined that since we ranking member of the House Intel- customer data a ‘‘business record the were not going to ‘‘find out independ- ligence Committee was another Gang company owns,’’ one that ‘‘can be dis- ently’’ what the government sought of 8 member, informed President Bush closed to [the] government. . . .’’ This from the telecoms and instead wait that she believed ‘‘the practice of brief- is Associated Press, AT&T Says it Can ‘‘for Dick Cheney to tell us what we ing only certain Members of the intel- Disclose Account Data on Net, TV Cli- should know’’ that we might as well ligence committees violates the spe- ents, Chicago Sun Times, June 22, 2006, ‘‘just recess for the rest of the year.’’ cific requirements of the National Se- at 25. I was very interested in the legal On the other hand, Senator DIANNE curity Act of 1947.’’ basis for this assertion of ownership FEINSTEIN reported that she would not I raised this issue in a January 24, and what relationship it had, if any, to vote for the subpoenas because the 2006, letter sent to Attorney General the reported disclosures of communica- ‘‘telephone companies who are trying Alberto Gonzales in advance of the tions data to the government. As luck to be a good citizen should not be held

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They were very cognizant of Judiciary and Intelligence Commit- mittee’s next executive session on July the fact that the longer they let the tees, she added that ‘‘it is very difficult 13. friction between the branches drag on, for this committee to legislate without My bill of 2006 to expand and revise the worse it looked for Republicans and knowing the program’’ and therefore FISA gave jurisdiction to the Foreign the better for them and their allies. the Intelligence Committee was the ap- Intelligence Surveillance Court—the For example, as the New York Sun re- propriate venue for legislation on the Intelligence Court—which was set up ported in June 2006, ‘‘[f]ear of govern- matter. Senator DICK DURBIN, noting by the original FISA law to rule on ment excess in the war on terror ha[d] the absence of many Republicans, com- surveillance requests by Federal agen- driven membership rolls’’ in the ACLU plained, ‘‘I thought there would be a cies—to review the legality of the Ter- ‘‘to more than 550,000 from less than conversation about this, but appar- rorist Surveillance Program. Deter- 300,000,’’ and the group’s fundraising ently there will not be.’’ He continued mining the constitutionality of the had ‘‘surged.’’ See Josh Gerstein, For that the ‘‘fortitude and strength [I] had program would turn upon submissions ACLU’s Anthony Romero, These shown in this committee, leading up to the Intelligence Court by the attor- Should Be Best Times, New York Sun, through the month of May has ended in ney general about its function and pro- June 27, 2006. a June swoon.’’ cedures, with particular attention to Ultimately, the Judiciary Committee When this uncomfortable meeting— safeguards to ensure that the Terrorist approved my FISA reform bill on Sep- and the accompanying slings—con- Surveillance Program targeted sus- tember 13, 2006, but in contrast to the cluded, I drafted what I refer to as a pected terrorists and not innocent bipartisan vote on the PATRIOT Act ‘‘lawyer’s letter’’ to the Vice Presi- Americans. The bill further required reauthorization a year earlier, there dent. I wrote: the attorney general to inform the was a 10–8 party-line vote. A final vote I was surprised, to say the least, that you House and Senate Intelligence Com- on the Senate floor was never taken, sought to influence, really determine, the ac- mittees of all surveillance programs largely because the House had settled tion of the Committee without calling me and created a new criminal offense for on a different approach to the Terrorist first, or at least calling me at some point. misuse of intercepted information. In Surveillance Program that did not au- This was especially perplexing since we both thorize court review of the program. attended the Republican Senators caucus return, the government was given addi- lunch yesterday and I walked directly in tional flexibility with respect to the Once again, the inherent constraints front of you on at least two occasions en issuance and duration of emergency on the bicameral legislative branch route from the buffet to my table. warrants. And in a nod to the adminis- served to benefit the executive, as the I concluded with a solemn warning: tration, the bill also acknowledged President’s surveillance program con- If an accommodation cannot be reached that the president, as commander in tinued unabated throughout our inter- with the administration, the Judiciary Com- chief, retains certain authority inher- nal debates. mittee will consider confronting the issue ent in article II of the Constitution, al- The courts fared no better at reining with subpoenas and enforcement. though it left decisions about the scope in the Terrorist Surveillance Program. This spat proved great fodder for the of that authority to the courts. In August 2006, Judge Anna Diggs Tay- editors. The lurid details were splashed Some complained that I had ‘‘sold lor of the U.S. District Court for the across the pages of national news- out’’ in making this deal. See, e.g., Eastern District of Michigan issued an papers around the country. The Los Jonathan Mahler, After the Imperial opinion in ACLU v. NSA, finding the Angeles Times confided that the ‘‘un- Presidency, N.Y. Times, November 9, program unconstitutional. Almost a usually public rupture between a senior 2008, Magazine, at MM42. These critics year later, in July 2007, the U.S. Court GOP lawmaker and the White House’’ fail to appreciate the disadvantage of Appeals for the Sixth Circuit over- provided ‘‘a rare public glimpse of the Congress faces in resisting expansions turned her decision. On a 2–1 vote, it tactics employed by a vice president of executive power. The Terrorist Sur- declined to rule on the legality of the who prefers to operate behind the veillance Program was put into effect program, finding that the plaintiffs scenes.’’ It said I ‘‘lashed out’’ in a let- when President Bush signed a secret lacked standing to bring the suit. The ter in an ‘‘unusually harsh attack.’’ order in 2001. He did not need to hold Supreme Court then declined to hear This is Gregg Miller, Specter Says Che- any hearings or convince any col- the case, even though the doctrine of ney Tried to Derail Hearings, Los An- leagues. Vice President Cheney could standing has enough flexibility for the geles Times, June 8, 2006, at A6. The rely on the fractious nature of the Sen- Court to have acted. My bill to man- front page headline of The Hill ate, and the great influence of the ex- date Supreme Court review of this and screamed ‘‘Specter Rebukes Cheney,’’ ecutive, to easily kill the prospects for other cases therefore seems all the and the Washington Post averred that my planned subpoenas of the telephone more necessary to resolve the question. the ‘‘simmering tensions’’ over the companies. The administration’s dam- With the Supreme Court abstaining, ‘‘administrations tight-lipped position age control, like the initial action, was another lone district judge took a on the programs’’ had finally ‘‘boiled swift and unilateral. By contrast, on stand. In In re National Security Agen- over.’’ see Alexander Bolton, Specter the legislative side, we could not begin cy Telecommunications Records Liti- Rebukes Cheney, The Hill, June 8, 2006, to act until we established a factual gation, Chief Judge Vaughn Walker in at 1; Michael A. Fletcher, Cheney Plays record through a series of hearings and the Northern District of California con- Down Dispute With Specter, Wash- secured consensus on a path forward. sidered a case brought by an Islamic ington Post, June 9, 2006, at A4. As committee chairman, I was bat- charity that claims to have been a sub- Someone in Cheney’s office must tered by Senators on both sides in my ject of the surveillance program. In a have been up all night, because I had efforts for oversight. On the right, 56–page opinion he wrote: my reply by mid-morning the next day. there were members who touted Article Congress appears clearly to have in- The White House, he said, was willing II and party loyalty. They were in- tended to—and did—establish the ex- to negotiate in good faith. Extensive clined, at a minimum, to accept the clusive means for foreign intelligence discussions culminated with a com- strained arguments that the Author- surveillance activities to be conducted. promise bill and a July 11, 2006, meet- ization for Use of Military Force had Whatever power the executive may ing with President Bush in the Oval Of- authorized the Terrorist Surveillance otherwise have had in this regard, fice. The President agreed to submit Program, and that the failure to notify FISA limits the power of the executive the surveillance program to judicial re- the full intelligence committees did branch to conduct such activities. view, but was insistent that the Senate not actually violate the National Secu- As detailed further below, the hur- not alter the agreed-upon terms. Usu- rity Act. On the left, there was genuine dles faced by the few judges willing to ally, after securing such an agreement, outrage at some administration tac- examine the Terrorist Surveillance one walks out of the Oval Office to the tics, but they were also in no hurry for Program, and the snails’ pace of appel- cameras and advertises it, but I chose compromise, no matter how favorable late review, make my bill to mandate

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The result was a The courts, including the Supreme and I had introduced, were ‘‘ill-advised protracted process that delayed justice Court, have admittedly been more ef- and frankly defy common sense.’’ I was for detainees and left important areas fective than Congress in restraining ex- astounded at his claim that ‘‘there is of constitutional law murky. ecutive excesses, but both have been no express grant of habeas in the Con- Indeed, the Supreme Court actually too slow. This failure is exemplified by stitution.’’ I asked him: ‘‘The constitu- denied Boumediene’s initial petition the judicial and legislative efforts to tion says you can’t take it away except for review on April 2, 2007. Then, on address the administration’s treatment in case of rebellion or invasion. Doesn’t June 29, in a highly unusual move, the of detainees in the war on terror. that mean you have the right of habeas Court reconsidered and agreed to hear In Hamdi v. Rumsfeld, decided on corpus unless there is an invasion or the case. The justices gave no reason June 28, 2004, nearly 3 years after Sep- rebellion?’’ He replied, ‘‘The constitu- for the reversal, but some speculate tember 11, the Supreme Court ruled tion does not say every individual in that they were moved by intervening that a U.S. citizen being held as an the United States or every citizen is disclosures concerning the military enemy combatant must be given an op- hereby granted or assured the right to commissions. In particular, a military portunity to contest the factual basis habeas. . . . It simply says the right of officer and lawyer who had been in- for his detention before a neutral mag- habeas corpus shall not be suspended.’’ volved in overseeing the tribunals said istrate. In a stern rebuke of executive I protested, ‘‘You may be treading on that the process was flawed and that overreaching, Justice O’Connor’s opin- your interdiction and violating com- prosecutors had been pressured to label ion declared, ‘‘We have long since made mon sense, Mr. Attorney General.’’ detainees as enemy combatants. clear that a state of war is not a blank This exchange received notice in a As much time as it took in these check for the president when it comes number of papers, as my position cases, at least the Supreme Court even- to the rights of the Nation’s citizens.’’ gained momentum. The Detroit Free tually ruled on the merits in The same day, the Court held in Rasul Press, for example, editorialized: Boumediene. The same cannot be said v. Bush that detainees at Guanta´ namo The moment when Alberto Gonzales proved for Supreme Court review, or even sub- Bay were entitled to challenge their he was just wrong for the job of U.S. attor- stantive appellate review, of President detention by filing habeas corpus peti- ney general came . . . after Sen. Arlen Spec- Bush’s warrantless wiretapping pro- tions—the time honored legal action ter, R–Pa., asked him about the constitu- gram. Thus far, only individual judges used to contest the basis for govern- tional guarantee of criminal due process, in the district courts of Michigan and ment confinement. Two years later, on known as habeas corpus. California have been willing to take a June 29, 2006, the Court announced in See Editorial, Gonzales Twisted Rule strong stand on the Terrorist Surveil- Hamdan v. Rumsfeld that the Presi- of Law Too Well, Detroit Free Press, lance Program. dent could not conduct military com- August 28, 2007. Like many in the legislature, it ap- mission trials under procedures that That September, I made a second at- pears the courts are reluctant to act. had not been authorized by Congress tempt to restore habeas corpus juris- They do not want the responsibility. and that failed to satisfy the obliga- diction with an amendment to the De- Only after significant time has passed, tions of the Geneva Conventions’ Com- fense Department’s authorization bill. and it is relatively safe, do they finally mon article III and the Uniform Code This time, a majority of Senators consider such issues on the merits. I of Military Justice. voted for it, including seven Repub- have proposed legislation in the past to Instead of fully embracing these deci- licans. Unfortunately, the 56–43 major- require expedited review of certain im- sions, however, Congress responded ity was insufficient because, in the face portant cases, including the challenges with the Detainee Treatment Act and of a filibuster threat, Senate procedure by civil liberties organizations and the Military Commissions Act of 2006, required sixty votes to pass. Ironically, other plaintiffs to the Terrorist Sur- both of which eliminated detainees’ a procedural tool that protects Senate veillance Program, and I will do so right to habeas corpus review on minorities had become a shield for the again in the new Congress. grounds that foreign terrorist suspects executive branch. SIGNING STATEMENTS did not have the same rights as others Thus, yet again, it was left to the Su- Even where Congress manages to ne- in U.S. custody. preme Court to beat back the en- gotiate its internal checks and to act During debate on the Military Com- croachment of executive power, which decisively against expansions of execu- missions Act, I offered an amendment it finally did on June 12, 2008. In tive power, presidents have used sign- that would have guaranteed habeas Boumediene v. Bush, the Court held ing statements that override the legis- corpus for detainees. In the face of that detainees held at Guantanamo lative language and defy congressional sharp criticism from my own party, I Bay ‘‘are entitled to the privilege of intent. argued that I was not speaking ‘‘in habeas corpus to challenge the legality There was an explosion in the use of favor of enemy combatants.’’ Rather, I of their detention.’’ Because the Com- signing statements during the Bush ad- was ‘‘trying to establish . . . a course batant Status Review Tribunals estab- ministration. The Boston Globe re- of judicial procedure’’ to determine lished by the Defense Department in ported in 2006 that President Bush ‘‘has whether the accused were in fact 2004, following the Hamdi and Rasul de- used signing statements to claim the enemy combatants. I pointed out that cisions, and the limited procedural re- authority to disobey more than 750 my fight to preserve habeas rights was, view permitted before the DC Circuit statutes—more laws than all previous in essence, a struggle to defend ‘‘the ju- failed to constitute an adequate and ef- presidents combined.’’ This is Charlie risdiction of the federal courts to fective substitute for habeas corpus, Savage, In Proposed Iran Deal, Bush maintain the rule of law.’’ I concluded the Court held that the Military Com- Might Have to Waive Law: ’05 Statute with a plea for the Senate not to deny missions Act had effected ‘‘an uncon- Forbids Providing Reactor, Boston ‘‘the habeas corpus right which would stitutional suspension of the writ.’’ Globe, June 8, 2006. take us back some 900 years and deny As satisfying as it was to be vindi- Two prominent examples make the the fundamental principle of the cated, I was frustrated that Congress point. As detailed earlier, I spear- Magna Charta imposed on King John at had left the task of reining in the exec- headed the delicate negotiations on the Runnymede.’’ Despite these entreaties, utive to slow-paced and incomplete ju- PATRIOT Act Reauthorization which my amendment narrowly lost on a 48– dicial review. While the Boumediene included months of painstaking efforts 51 vote. decision ensured habeas rights for de- to balance national security and civil

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10525 liberties, disrupted by the dramatic issue a signing statement, he needs tional. The Congress ought to let the courts disclosure of the Terrorist Surveillance only put pen to paper. Indeed, 2 days fulfill their constitutional function. . . . Al- Program. The final version of the bill after criticizing President Bush’s sign- though I am prepared to stomach this bill, if to reauthorize the PATRIOT Act fea- ing statements, President Obama I must, I am not yet ready to concede that tured a carefully crafted compromise, the debate is over. Contrary to the conven- issued one of his own regarding the tional wisdom, I don’t believe it is too late which was necessary to secure its pas- Omnibus Appropriations Act of 2009. to make this bill better. sage in 2006. Among other things, it in- Citing among others his ‘‘commander The date was July 7 and the Senate cluded several oversight provisions de- in chief’’ and ‘‘foreign affairs’’ powers, had just returned from recess, which signed to ensure that the FBI did not he refused to be bound by at least 11 allowed me to close with a flourish: abuse special terrorism-related powers specific provisions of the bill including permitting it to make secret demands one longstanding rider to appropria- Perhaps the Fourth of July holiday will in- for business records. President Bush tions bills designed to aid congres- spire the Senate to exercise its independence signed the measure into law, only to from the executive branch now that we have sional oversight. As I told the Wall returned to Washington. enter a signing statement insisting Street Journal, ‘‘We’re having a repeat that he could withhold from Congress of what Democrats bitterly complained Despite my fight to keep the courts any information required by the over- about under President Bush,’’ and if open, in the end all my amendments sight provisions if he decided that dis- President Obama ‘‘wants to pick a were defeated. Nevertheless, as I said I closure would ‘‘impair foreign rela- fight, Congress has plenty of authority would, I ultimately voted for the FISA tions, national security, the delibera- to retaliate.’’ reform bill. I chose not to reject the entire package—which had the support tive process of the executive, or the THE TERRORIST SURVEILLANCE PROGRAM—ACT performance of the executive’s con- II of nearly seventy senators, including stitutional duties.’’ Many of the issues surrounding the both presidential candidates—not only The second example arose in 2005. Terrorist Surveillance Program and ex- because my classified briefings on the Congress overwhelmingly passed Sen- ecutive authority resurfaced in 2008. surveillance program convinced me of ator JOHN MCCAIN’s amendment to ban FISA reform legislation, which began its value, but also because of the im- all U.S. personnel from inflicting making its way through the Senate in portant oversight provisions it imposed ‘‘cruel, inhuman or degrading’’ treat- February of last year, included a con- on future surveillance programs. ment on any prisoner held by the troversial provision giving retroactive The FISA reform bill required prior United States. There was no ambiguity immunity to the telecommunications court review of the government’s pro- in Congress’s intent; in fact, the Sen- companies for their alleged coopera- cedures for surveillance of foreign tar- ate approved the proposal 90–9. How- tion with the Terrorist Surveillance gets, except in exigent circumstances. ever, after signing the bill into law, the Program. It also required that the Intelligence President quietly issued a signing Throughout, my chief concern was to Court determine whether procedures statement asserting that his adminis- keep the way to the courts open as a for foreign targeting satisfy fourth tration would construe it ‘‘in a manner means to check executive excesses. I amendment protections against unrea- consistent with the constitutional au- offered an amendment, both in com- sonable searches. In addition, before thority of the President to supervise mittee and on the floor, to substitute monitoring U.S. citizens outside the the unitary executive branch and as the U.S. Government for the telephone country, it required individualized Commander in Chief and consistent companies facing lawsuits related to court orders based on probable cause. with the constitutional limitations on the Terrorist Surveillance Program. Finally, the bill mandated a com- the judicial power.’’ Instead of immunity, my amendment prehensive review of the Terrorist Sur- Many understood this signing state- would have put the government in the veillance Program by several inspec- ment to undermine the legislation. In a place of the companies, so the cases tors general. Indeed, the final bill had January 4, 2006, article titled ‘‘Bush could go forward without posing a legal many elements in common with my Could Bypass New Torture Ban: Waiver earliest efforts to place the Terrorist Right Is Reserved,’’ the Boston Globe threat to the companies themselves. When this proposal was defeated, I Surveillance Program under FISA—it cited an anonymous ‘‘senior adminis- proposed yet another amendment, just took years to get there. And Con- tration official,’’ according to whom which would have required a federal gress and the courts may yet need to ‘‘the president intended to reserve the district court to determine that the correct its flaws. right to use harsher methods in special surveillance itself was constitutional A PLAN FOR THE FUTURE situations involving national secu- before granting immunity. I also co- rity.’’ These experiences have crystallized These signing statements are out- sponsored an amendment that would for me the need for Congress and the rageous, intruding on the Constitu- have delayed the retroactive immunity courts to reassert themselves in our tion’s delegation of ‘‘all legislative for the telephone companies until a system of checks and balances. The powers’’ to Congress, but it is even mandatory inspector general’s report bills I have outlined are important more outrageous that Congress has on the Terrorist Surveillance Program steps in that process. Equally impor- done nothing to protect its constitu- had been issued. tant is vigorous congressional over- tional powers. The legislation I intro- I tried to impress upon my colleagues sight of the executive branch. This duced in 2006 would have given Con- the importance of our actions: oversight must extend well beyond the gress standing to challenge the con- We are dealing here with a matter that is national security arena, especially as stitutionality of these signing state- of historic importance. I believe that years we cede more and more authority over from now, historians will look back on this ments, but has until now failed to mus- our economy to government officials.’’ period from 9/11 to the present as the great- As for curbing executive branch ex- ter the veto-proof majority it would est expansion of Executive authority in his- surely require. The executive branch tory—unchecked expansion of authority . . . cesses from within, I hope President operates free of such internal dissent. The Supreme Court of the United States has Obama lives up to his campaign prom- Although JOHN MCCAIN promised to gone absent without leave on the issue, in ise of change. His recent signing state- drop signing statements altogether, my legal opinion. When the Detroit Federal ments have not been encouraging. Add- Barack Obama, while deploring Bush’s judge found the terrorist surveillance pro- ing to the feeling of de´ja` vu is the practice, said during the campaign that gram unconstitutional, it was [reversed] by Washington Post’s report that the new ‘‘no one doubts that it is appropriate to the Sixth Circuit on a 2-to-1 opinion on administration has reasserted the grounds of lack of standing. Then the Su- ‘‘state secrets’’ privilege to block law- use signing statements to protect a preme Court refused to review the case. But president’s constitutional preroga- the very formidable dissenting opinion laid suits challenging controversial policies tives.’’ out all of the grounds where there was ample like warrantless wiretapping: ‘‘Obama Here again, the President does not basis to grant standing. Now we have Chief has not only maintained the Bush ad- need to convince any colleagues to Judge Walker declaring the act unconstitu- ministration approach, but [in one

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10526 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 such case] the dispute has intensified.’’ sured, and many are on Medicare or er it was community health centers, Government lawyers are now asserting Medicaid. A local pharmacist raised which are working desperately hard to that the trial court lacks authority to concerns with the burden of paperwork, use the money from the recovery pack- compel disclosure of secret documents, regulations, and fees required by CMS age to increase their ability to cover and ‘‘warning’’ that the government for pharmacists to supply medical more of the uninsured, or whether it might ‘‘spirit away’’ the material be- equipment and supplies. A nurse prac- was the nonprofits or religious-based fore the court can release it to the liti- titioner talked about ways to fill gaps clinics that were doing a tremendous gants. This is Carrie Johnson, ‘‘Han- in our primary care workforce and how job partnering with our hospitals to dling of ‘State Secrets’ at Issue: Like it was in areas like that. Others keep people out of the emergency room Predecessor, New Justice Dept. Claim- stressed the need to address the pre- and getting some of their lab work ing Privilege,’’ The Washington Post, ventive health needs in our State, such done by the hospitals but still being March 25, 2009. As the article notes, I as smoking cessation and prevention of able to provide care in those clinics. have reintroduced legislation this year obesity and related health conditions. So all in all, it was a great oppor- with Senators LEAHY and KENNEDY to Next, I went to Augusta, AR, in our tunity for me. I love traveling Arkan- reform the state secrets privilege. I row cropland, and I heard from Arkan- sas anyway, visiting with the great doubt that the Democratic majority, sans who said that high-deductible people in our State, but it really which was so eager to decry expansions plans are not meeting their needs. As a showed the concerns we talk about of executive authority under President result, these patients often miss out on here in Washington, and you get to see Bush, will still be as interested in the very important primary and preventive them face to face. problem with a Democratic president care because they cannot afford their I think these stories help illustrate in office. I will continue the fight plans’ expensive copays and how critical it is for residents of Ar- whatever happens. deductibles; therefore, they end up kansas and other rural areas to have (The further remarks of Mr. SPECTER being more costly to the system with- easy, affordable access to health care. I pertaining to the introduction of S. 875, out that preventive or primary care be- was grateful to meet with so many Ar- S. 876 and S. 877 are located in today’s cause they end up in more acute-care kansans and to be able to share their RECORD under ‘‘Statements on Intro- situations. stories with my colleagues here, and as duced Bills and Joint Resolutions.’’) In Lake Village, AR, on the eastern we move forward in this debate, it The PRESIDING OFFICER (Mr. side of the State, people talked about makes a big difference. My staff was UDALL of New Mexico). The Senator the need to improve dental coverage there, as always, because there are so from Oklahoma is recognized. within Medicare and in private insur- many issues. Sometimes people don’t Mr. COBURN. Mr. President, I ask ance. I also heard from veterans who know where to go. Having our staff be unanimous consent that the Senator are forced to drive long distances to re- able to talk to them and direct them in from Arkansas be given 5 minutes as in ceive care and expressed the real need those ways is very valuable. Remem- morning business and then that we re- for more rural VA clinics and not only bering the educational component in turn to me and go back on the bill. how much better quality of life it health care and how we make sure in- The PRESIDING OFFICER. Without would provide them but the cost sav- formation is going to be available to objection, it is so ordered. ings it could provide as well to the VA people is a critical part of it. The Senator from Arkansas is recog- and the whole implementation of This week, in the Senate Finance nized. health care delivery to our veterans. Committee, we launched its first of Mrs. LINCOLN. Mr. President, I Across the State in Nashville, AR, I three roundtable discussions in ad- thank the Chair and my friend from spoke with a provider about the dif- vance of drafting a health care bill. I Oklahoma. I appreciate the collegiality ficulty in recruiting specialists in rural strongly believe Congress must craft and certainly his friendship. Arkansas. Health technologies, such as health reform legislation that lowers HEALTH CARE remote patient monitoring and mobile costs, improves quality, and provides I rise today like many Arkansans be- imaging, may help to provide special access to coverage for all Americans. I cause I am very troubled about the ris- access to those rural areas, where it compliment Chairman BAUCUS and ing health care costs and the barriers may not be efficient for each rural Senator GRASSLEY for the great way many Arkansans face accessing an af- community to have a multitude of spe- they have approached this—last year fordable and quality health plan. Near- cialists located in their communities. having multiple hearings and coming ly half a million Arkansans are unin- At least they can serve there and pro- again this year with more hearings and sured, including 66,000 Arkansas chil- vide their services with equipment that a roundtable situation. We had a sum- dren. The cost in both human and fi- is much needed. mit last summer. These things have nancial terms is felt by everybody. My final stop was in Springdale, been very beneficial to the debate in a That is why, during this work period, I northwest Arkansas, close to the Okla- bipartisan way. traveled the State on a 2-week tour to homa border. I heard from seniors who From my seat on the Senate Finance ‘‘take the pulse’’ of Arkansans and of have had trouble finding a provider Committee, I will work to ensure we health care in our communities and that will accept Medicare. have guaranteed coverage for people across our State. I met with patients, We must build our primary care with preexisting conditions; continuity providers, advocacy groups, and all of workforce and address reimbursement of coverage for people between jobs, the other health care professionals in inequities in these rural areas in order which we see oftentimes and particu- every corner of our State. We discussed to help Arkansans on Medicare gain ac- larly in this economic setting; main- the challenges we face delivering and cess to the care they need. We had a tain affordability for people who are accessing quality and affordable health long discussion about the need for privately insured; and have Medicaid care in rural Arkansas. It was a won- more primary care professionals, physi- eligibility for every uninsured Amer- derful tour, very open. People were cians, and certainly the fact that it is ican living in poverty. frustrated, concerned, and they had not just the reimbursement, it is also Mr. President, one of the things I no- good ideas. They were very much inter- the quality of life in these rural areas. ticed that was so positive out there ested in being able to help us in Wash- Making sure we can grow our own pri- with Arkansans is that, although they ington move forward on this issue. I mary care physicians in these rural are frustrated and concerned about felt as if the will, and certainly the de- areas does an awful lot in making sure where we are going and what we are sire, was there among Arkansans to fix we have those providers in the areas going to do, their will to do this now is this problem. who can serve those individuals. there. The American people feel it is a My first stop was in Clinton, AR, lo- In all of these places, good Arkansas must-do situation for us in this econ- cated in Van Buren County, where 26 neighbors working to take care of their omy for the quality of life we want to percent of the residents there are unin- neighbors were always present, wheth- have. I think that in this body we have

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10527 an opportunity not only to do it but to cer—in Buffalo and Rochester and Syr- sent out first-year chemistry students do it correctly. acuse and the upstate cities in her to stores to buy toys at Halloween and We are very proud of the incredible State, you can see the kind of incred- Christmas and Easter and found lead- medical professionals who are in this ible job loss, not only from this most based paint, which is toxic for children, country, folks such as my colleague recent recession since October but look on many of these toys, again coming from Oklahoma, who is tremendous in at the job loss in manufacturing that from China—United States corpora- his own profession as a physician. We we have seen through the entire Bush tions outsourcing jobs, then hiring sub- are proud of that. We want to make years while this Government has contractors in China. So we are not sure we correct the insufficiencies for moved forward on Bush trade policies. just importing goods, we are also im- those individuals and be able to provide Look at the original North American porting lead-based paint, also import- the services at a cost people can afford Free Trade Agreement negotiated by ing contaminated ingredients in hep- and have an accessibility that leaves the first President Bush, unfortunately arin, also in vitamins, in dog food and nobody out, whether you live in a the finishing touches put on by Presi- other products. major city or in a rural area. I believe dent Clinton, and then the Central My point is let’s do a dispassionate, this is one of the most urgent issues American Trade Agreement passed by nonideological, nonpartisan study be- facing our Nation, and it is time for ac- the House and Senate in the midpart of fore we do more trade agreements. tion. We need to move forward on this decade, and now considering again Let’s do a nonpartisan, nonideological, health care reform. trade agreements negotiated by Bush unbiased study of how NAFTA has I very much appreciate the oppor- trade negotiators with Panama, Colom- worked, how CAFTA has worked, how tunity I have had to visit with Arkan- bia, and South Korea. Unfortunately our relations with China with PNTR sans. I look forward to working with what we have seen is a huge spike— and currency, how all that has worked my colleagues in the Finance Com- more than a spike because it is more before we move ahead. mittee in a bipartisan way to move the long term and fundamental than that— In these turbulent economic times, health care reform initiative forward, we see the huge growth in our trade first, we have plenty to do, on health and also with the rest of the Senators deficit. We have today a trade deficit of care, education, climate change, hous- here, to come up with a proposal the $2 billion just for today, and $2 billion ing, particularly on the banking sys- American people will be proud of. They for tomorrow, and $2 billion for Satur- tem, and all of that. We have plenty to know it won’t be a work of art, nec- day, and $2 billion for Sunday. Every do, but that is not even the point. The essarily, but a work in progress as we day it’s a $2 billion trade deficit. point is before we do more trade agree- move ourselves from a health care sys- George Bush the first said a $1 billion ments, let’s look at how they worked. tem that has been focused on acute surplus or deficit translates into some Let’s look at what has happened, espe- care into something that is certainly 13,000 jobs, so a trade deficit of $2 bil- cially rather than following the Bush more focused on chronic conditions, lion, according to President Bush the trade agenda which we know simply multiple chronic conditions, and mak- first, translates into 26,000 lost jobs; a has not served this country well. ing sure we make those manageable $2 billion trade surplus would be 26,000 I yield the floor. using preventive health care and cer- gained jobs. In this country, we haven’t I suggest the absence of a quorum. tainly the primary care that will keep seen a trade surplus since 1973. What The ACTING PRESIDENT pro tem- us healthier longer. that says is this trade policy leads to pore. The clerk will call the roll. I yield the floor and suggest the ab- persistent trade deficits. This trade The bill clerk proceeded to call the sence of a quorum. policy leads to persistent job loss. And roll. The PRESIDING OFFICER. The this trade policy leads to families who Mrs. MCCASKILL. Madam President, clerk will call the roll. are hurt and communities which are I ask unanimous consent that the order The assistant legislative clerk pro- destroyed. for the quorum call be rescinded. ceeded to call the roll. I can take you to lot of places in my The ACTING PRESIDENT pro tem- Mr. BROWN. Madam President, I ask State and you can look at the havoc pore. Without objection, it is so or- unanimous consent the order for the wreaked by U.S. trade policy. I do not dered. quorum call be rescinded. blame all of manufacture’s decline, all Mrs. MCCASKILL. Madam President, The ACTING PRESIDENT pro tem- of job loss, on trade policy, to be sure. once upon a time, someone had a good pore. Without objection, it is so or- But there is no question when you have idea about trying to open the mortgage dered. a $2 billion-a-day trade deficit over the market to as many people as possible. Mr. BROWN. Madam President, I ask course of a year, between $700 and $800 Between that moment and now, we unanimous consent to speak as in billion trade deficit for a year, you have seen a giant economic crisis that morning business. know that is a problem. has mushroomed out of control. We The ACTING PRESIDENT pro tem- My point is not to debate trade pol- have sat around for months now trying pore. Without objection, it is so or- icy today. It is only to say to the ad- to figure out how did it happen and dered. The Senator is recognized. ministration and my friends on both why did it happen. TRADE POLICY sides of the aisle and the crowd at the One of the reasons it happened is, Mr. BROWN. Madam President, I end of the hall here in the House of using common sense, we said to people: have heard lots of discussion in the Representatives, we should not be You can go make money by talking newspapers in the last 48 hours or so, bringing up more trade agreements people into borrowing money, and you that there is a move afoot to begin to until we look at what our trade policy do not have to worry about whether continue to bring legislation to the does. I can point not just to job loss; I they pay it back. Let me go through House and Senate floors to continue can also point to what happened as an that one more time. We said to a mar- Bush trade policy. There have been outgrowth of the Permanent Normal ket, the mortgage market: If you go statements by some in both parties Trade Relations with China, our trade talk people into borrowing more money that we might consider passing the policy with China, when I believe seven than they can afford, it does not mat- trade agreement, the so-called free people in Toledo, OH, and dozens ter if they can pay it back, you do not trade agreement with Panama, the free around the country died from the tak- need to worry about that because you trade agreement with Colombia, and ing of the blood thinner heparin, ingre- are going to make your money anyway. the free trade agreement with South dients of which came from China and In other words, the people closing Korea. those ingredients were contaminated. their loans had no skin in the game. I think that is a mistake. When you Or you can look at toys. In an experi- They were not a partner to the risk. So look at what has happened in States ment, a class assignment by Professor that is how we got people qualifying such as Ohio, and particularly in a Jeff Weidenheimer at Ashland Univer- for loans by wearing a special costume State like that of the Presiding Offi- sity, not far from where I grew up, he and photograph. That is how you got

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10528 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 these ‘‘liars loans.’’ They were called The HUD inspector general has been about the criminal activity, not when ‘‘liars loans.’’ Everybody knew people working in the reverse mortgage field, it occurred. Because, in many in- were lying to get these loans, but no and all the other inspectors general in stances, we may not find out about the one was doing anything about it be- our country have done a great job of fraud until the elderly person dies, and cause the people who were making the beginning to find problems of a specific then they find out that maybe they loans were making the money and had nature as it relates to fraud. thought they still had value in their no risk. Some of it is where we have inflated home, but they were lied to. You would think with this occurring, appraisals. Some of it is where you This is an important one: Provide we would now be on hyper alert for the have shoddy repairs being done, which that advertising for reverse mortgages exact same set of circumstances, but decrease the value of the home, which cannot be false or misleading and must we are not. Because it is going on increase the risk to the taxpayer. Some present a fair and balanced portrayal of today as we speak. If you turn on any of it is people continuing to collect the the risks and the benefits of the prod- cable channel almost anywhere in proceeds on the home past the time uct. America, before midnight you are they should, past perhaps the death or The fraud is the first step. Going going to see an ad that says to seniors: the moving out of the senior who did after fraud is the first step, but we You need to take advantage of a great the loan in the first place. have to do more. It is very important Government program, a Government Why is the fraud increasing? I have a that we protect our seniors from preda- benefit. You can be paid cash for the theory why the fraud is increasing. All tory lenders. When you see these ads value of your house without any risk. the bad actors over there in subprime, on TV, it sounds too good to be true. They are called reverse mortgages. they are looking for a new stream of ‘‘Government benefit,’’ ‘‘No risk.’’ But It is a type of home loan that con- money so they are all sliding over and there is a huge risk. There is a risk of verts the value in your home you have saying: Hey, let us start making these a senior paying more than they should acquired over a lifetime and converts it reverse mortgages to seniors. for a product that does not work for to cash. Now, in and of itself, this is OK. We have to do something about them and a very big risk for the tax- not a bad concept. People ought to be this now. I filed an amendment to the payers of this country. able to borrow against the value of legislation that is in front of the Sen- I look forward to working with the their homes. We do it with home equity ate that will do some important things Senate Judiciary and Banking Com- mittees as well as HUD and the HUD loans. in terms of fraud prevention and detec- Here is the problem. We have the peo- tion and enforcement provisions: We inspector general and GAO to get the ple closing these loans who have no are going to require the borrower to things done we must do to clean up skin in the game. Guess who is insur- certify they reside in the property; to this problem. If we do not learn from our mistakes, we are doomed to repeat ing all these loans. We are. The tax- report the termination of the residence them. I urge all my colleagues to be- payers. There is no risk to those people to HUD; require that in the case of a come knowledgeable about this reverse paying for those ads on cable TV, no property that is purchased with the mortgage area, get word to their con- risk. Reward. No risk. We are taking proceeds of a reverse mortgage, the stituents to be careful about these re- the risk. property is owned and occupied for at verse mortgages. They are very dan- If, in fact, the housing markets go least 180 days, so we do not have the flipping we have seen in the subprime gerous. down and the value of someone’s prop- At the end of the day, if someone is market; require these properties be ap- erty goes down and it is time for that making money off you and they do not praised by certified appraisers, HUD- loan, the value of that loan to be recov- care whether you can pay it back, it is certified appraisers; we have to verify ered when the house is sold, if it does a dangerous combination. not sell for enough money, guess who is the purchase price to ensure the ap- The ACTING PRESIDENT pro tem- left holding the bag. praised value is not inflated and make pore. The senior Senator from Hello. Subprime mortgages chapter sure the appraised value is not too high Vermont. two. We are back. We have the same in relation to comparable properties— Mr. LEAHY. Madam President, I issue we had with the subprime. Since you can imagine how important this is wish to thank the Senator from Mis- we began this program in 1990, HUD has right now since our housing market souri for her statement. I hope people endorsed and insured 500,000 loans. But, values are in such flux—to require the listen to what she had to say because it wait, we took the cap off it recently. counselors to report suspected fraud or is a warning to many. Again, I would We anticipate that HUD will, in fact, abuse to HUD’s inspector general and reiterate that one of the reasons we are insure 200,000 of these loans this year to inform prospective borrowers how trying to move this fraud bill through, alone. We have done 500,000 loans since they can report suspected fraud and everybody will be against fraud and ev- 1990, and we are going to do 200,000 consumer abuse; require that the lend- erybody is against crime, but as the loans this year. We are talking about a ers and consumers maintain a system Senator from Missouri knows so well, huge growth in the potential liability to ensure compliance; explicitly state you have to have some laws on the to the American taxpayer. that the HUD inspector general has the book to go after fraud and go after These are complex and expensive authority to conduct independent au- crime. I wish to speak further on that, loans. For many elderly, the equity dits and inspections of the lender. but I see my dear friend and distin- they have in their home is it. With the Would it not have been nice had we guished colleague from Vermont on the economic circumstances we have right done that back when we started having floor. now, there is going to be a lot of pres- the problems with subprimes? Conduct I will yield the floor so he can also sure on the elderly to enter into one of independent audits and inspections of speak on a matter. these reverse mortgages, maybe to help reverse mortgage lenders to make sure The ACTING PRESIDENT pro tem- other family members who have lost a they are in compliance with the re- pore. The junior Senator from job. quirements; and to compare the reverse Vermont. It is important we fix this program. borrower’s record against the Social Mr. SANDERS. I thank my colleague It is embarrassing that we let the Security’s death master file for early from Vermont. I wish to congratulate subprime mess go for as long as we did, indications for when payouts should him for bringing forth a very impor- without anybody saying: Whoa, hold end because payouts under these re- tant piece of legislation. on. It will be doubly embarrassing if we verse mortgages stop at the death of Clearly, if we are going to begin to allow this reverse mortgage situation the recipient of the reverse mortgage; address the crisis in our financial insti- to go down the exact same path. provide that any limitation on when tutions, we need the manpower to go With these loans, as they increase criminal charges can be brought out there and do the investigations. We dramatically in number and value, we against fraud perpetrators in this area do not have it and this legislation does are also seeing an increase in fraud. be calculated on when we find out that.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10529 I wished to say a few words in the the economic situation, is raising its rates The ACTING PRESIDENT pro tem- midst of this debate on an issue. I am ‘‘for business reasons only.’’ One option they pore. Without objection, it is so or- not bringing forth an amendment, but gave me is to pay down my balance at 7.9 but dered. I did wish to say a few words on that; not use it on any future purchases. I now ap- Mr. LEAHY. Madam President, with preciate more than ever your fight against the vote and disposition of the Kyl that is, in my office—I suspect in every this sort of action. Basically they can do Senate office—we are being deluged whatever they want. amendment today and the Kyl amend- ment and the Leahy-Grassley amend- with e-mails and letters and telephone That is quite right. They can do calls expressing outrage at the high in- ment yesterday, we have basically whatever they want. completed work on the underlying bill. terest rates people all across this coun- Another one: try are being forced to pay by these Those were the only amendments that very same financial institutions we are Dear Senator Sanders, we just received a affected the underlying bipartisan note from Bank of America in which they fraud enforcement bill. A number of in the process of bailing out. tell us that they are raising our credit rate: What is going on now is that while other amendments have come in, but 15.74 percent on new and outstanding pur- they, of course, have nothing to do we spend hundreds of billions of dollars chases . . . using a variable rate formula. I bailing out our friends on Wall Street, know you have been working on a cap for with this bill. They are not within the and while they receive zero interest credit cards and are very concerned about jurisdiction of the Judiciary Com- loans from the Fed, what they are say- big banks profiting so highly at the expense mittee. They are, in large part, extra- ing to the American people is: Thanks of consumers. neous to the fraud enforcement bill. Many if not all are within the jurisdic- very much for the bailout. We are Here is another one: tion of the Banking Committee. I going to raise your interest rates from Senator Sanders, there is a lot of news this haven’t seen one yet that should be in 15 to 20, to 25, to 30 percent. Pure and week on how the credit card companies are Agriculture, but hope springs eternal. simply, that is called usury within Bib- trying to recoup their losses by raising inter- Today, a Senator offered an amend- lical terms. In fact, that is immoral. est rates on our credit cards. That is what my husband and I have just experienced. Two ment drawn from the HELP Committee That is the type of action we should be months ago I ran my husband’s credit report, jurisdiction. In a way, it is a com- eliminating right now. and between three credit bureaus we ranked pliment that so few people have sug- I have introduced legislation which is around a 800 credit score. We have never been gested changes that they wanted to very similar to the type of legislation late on a payment and have been married 41 make to the Judiciary Committee bill. that regulates credit unions right now. years. I guess Senators are anxious in case We would have a maximum interest Then she talks about the impact they are not around here next week rate of 15 percent, with some excep- these high credit rates are going to when we have a Banking bill. tions going to 18 percent, so the Amer- have on her. I would like to conclude consider- ican people who are now on under great Another one: ation of the bill that actually is before financial stress, who are buying gro- Dear Bernie, yesterday in the mail I re- the Senate. We will soon have a list of ceries with their credit cards, who are ceived notification from Bank of America amendments on which both sides will buying clothes for their kids with cred- that they were hiking up the interest on my agree to have votes. I don’t think any it cards, who are paying for college ex- Visa card from 7% to over 12%. This seems of them really have anything to do penses with their credit cards, are not arbitrary and in a time when I am extremely with the Judiciary bill, but every Sen- worried about my ability to pay my bills be- forced to pay 25 or 30 percent interest ator has a right to offer whatever rates. cause my workload has gone way down. I am furious and scared. amendments he or she wants, whether What I would like to do, rather than germane to the bill or not, and to get The bottom line is, I am receiving relate what I believe, is read a few of a vote on them. If they are all going to dozens of e-mails from people in my the e-mails I have received from the require rollcall votes, we should be State and from all over the country. constituents. We are receiving a lot of done certainly sometime before mid- They want to see whether the Congress them. Let me read one that comes from night. Then we can pick up the next has the guts to stand up to the finan- the northern part of our State. It says: piece of legislation, which I understand cial institutions which have poured $5 I, like so many others, am appalled at the we should have done by Saturday. Of billion in lobbying and campaign con- hikes in credit card rates. Everywhere in our course, the only amendments really in- tributions into Washington in the last small town of Montgomery everybody is volving this bill could have been done talking about the latest surge in interest 10 years. yesterday. We could have finished this rates. People who are never late in payments What the American people are saying bill yesterday. have seen their rates climb overnight. I, for is that 30-percent interest rates—arbi- I would like to speak briefly about one, used to overpay on my payments but trary and huge increases in interest can’t afford to now. In addition, I am a the bipartisan Fraud Enforcement and rates for people who have always paid Recovery Act. This bill has received founding member of a small agricultural co- their bills on time—is not only unfair, op and we have a shop and studio. Today we overwhelming support. Almost every- found out that the charge for using credit it is immoral. People should not have one recognizes the importance of cards has increased. How are people supposed to pay 30 percent to borrow money in strengthening the Federal Govern- to buy things when small businesses can’t af- the United States. ment’s capacity to investigate and ford to process credit cards and people can’t I hope very much the time will come, prosecute the kinds of financial frauds afford the interest rates if they use cards? sooner rather than later, when we will that have undermined our economy. No one has any money for anything any- pass a national usury law that will put The legislation has strong bipartisan more. The outrage, which I am sure doesn’t a cap on interest rates for large finan- support. I applaud Senator GRASSLEY, surprise you, is building. Doesn’t anyone get cial institutions similar to what exists it? who is the lead cosponsor. He worked for credit unions, which is 15 percent with me to write this bill. He has been Well, doesn’t anyone in the Senate with some exceptions. a leader on this issue. get it? I hope we do. I yield the floor and look forward to Senators SPECTER and SNOWE have Here is another one that comes from working with the senior Senator from joined as cosponsors. Many different the largest city in our State, Bur- Vermont in passing this legislation. law enforcement and good government lington: I suggest the absence of a quorum. organizations are supporting this bill I signed up with MBNA (at the time) for a The ACTING PRESIDENT pro tem- as well, including the Fraternal Order credit card with an interest rate of 7.9 for the pore. The clerk will call the roll. of Police, the Federal Law Enforce- life of the credit card (as long as I adhered to The legislative clerk proceeded to terms such as paying on time, not going over ment Officers Association, the Na- limit, etc.) I received a notice yesterday that call the roll. tional Association of Assistant United the interest rate is going to 13% on May 1. I Mr. LEAHY. I ask unanimous con- States Attorneys, the Association of called them and they said it had nothing to sent that the order for the quorum call Certified Tax Examiners, and Tax- do with my credit. Bank of America, due to be rescinded. payers Against Fraud.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.000 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10530 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 Now let me address the authoriza- doing, these funds would reinforce and dollar spent on criminal fraud litiga- tions in the bill. I have rarely seen revitalize those neighborhoods that tion. Similarly, the nonpartisan group such detailed justification with regard have experienced economic develop- Taxpayers Against Fraud has found to an authorization. I mention this be- ment and that could so easily back- that the Government recovers $15 for cause this is not an appropriations bill. slide. State and local law enforcement every dollar spent in civil fraud cases. It is authorizing legislation. It still has fund are urgently needed for those Just last year, the Justice Department to go through the appropriations proc- vital purposes. They should not be di- recovered nearly $2 billion in civil false ess. Every agency authorized to receive verted from State and local law en- claims settlements, and, in criminal money in the bill has set out in detail forcement needs to fund Federal fraud cases, courts ordered nearly $3 billion exactly what it would do with that investigations. in restitution and forfeiture. Strength- money if it is authorized and appro- Moreover, while states have done ad- ening criminal and civil fraud enforce- priated. The detail includes the number mirable work cracking down on mort- ment is a sound investment, and this of agents, prosecutors, and other key gage fraud, the Federal Government legislation will not only pay for itself, personnel who would be hired, and each must play a substantial role in this but should bring in money for the Fed- agency has explained why the added re- area. Mortgage fraud schemes and eral Government. sources are needed. Those detailed jus- other financial fraud schemes often If fraud goes unprosecuted and tifications have been shared with any- cover many States and jurisdictions, unpunished, then victims across Amer- one interested in reviewing them. which hampers the ability of any State ica lose money. In many cases, Amer- In total, the bill authorizes $245 mil- or local investigators and prosecutors ican taxpayers take the loss directly. lion a year over the next 2 years to hire to reach them. These schemes also are For example, in the case of many mort- more than 300 Federal agents, more often extremely complex and labor-in- gage frauds, the Federal Government than 200 prosecutors, and another 200 tensive to unravel, requiring the exper- has guaranteed the loans, and when the forensic analysts and support staff to tise and resources of the Federal Gov- fraud is uncovered, American tax- rebuild our Nation’s fraud enforcement ernment and the mortgage fraud task payers, as well as the victim, lose out. efforts. We have broken those numbers forces in which Federal and State law More directly, with the billions of dol- down agency by agency. enforcement officers work closely to- lars of Federal funds now going out These resources for additional gether. We simply cannot ask States to through the recovery legislation, the agents, analysts, and prosecutors are solve this enormous and complex prob- Troubled Assets Relief Program, and desperately needed. The number of lem on their own. I believe that we other bailout programs, we should all fraud cases is now skyrocketing, but need to be good law enforcement part- recognize that enforcement will be es- resources were shifted away from fraud ners and that the Federal Government sential to protect those recovery funds investigations after 9/11. Today, the needs to do its share. To fulfill those from fraud and to recover any money ranks of fraud investigators and pros- responsibilities these additional funds that is fraudulently taken. If we do not ecutors are drastically understocked, need to be authorized. take action to investigate and pros- and thousands of fraud allegations go I agree that the $10 million in addi- ecute this kind of fraud, Americans unexamined each month. tional funding to the FBI for mortgage will lose far more money than this bill Reports of mortgage fraud are up fraud enforcement in the omnibus ap- costs. nearly 50 percent from a year ago and propriations bill is a good start, but it The only organizations that have op- have increased tenfold over the past 7 is just a small start to what is needed. posed this legislation are the Heritage years. In the last 3 years, the number I wish the economic recovery had been Foundation and the National Associa- of criminal mortgage fraud investiga- able to include an additional $50 mil- tion of Criminal Defense Lawyers. tions opened by the Federal Bureau of lion for the FBI that the Senate ini- They have argued that the legal fixes Investigation, FBI, has more than dou- tially was willing to include, but that in this bill constitute overreaching by bled, and the FBI anticipates that additional funding was stripped away. the Federal Government. In fact, this number may double yet again. Despite Unfortunately, to achieve bipartisan bill does not overfederalize or over- this increase, the FBI currently has support and passage of the economic criminalize. fewer than 250 special agents nation- recovery package, those funds were Senator GRASSLEY and I took great wide assigned to financial fraud cases, eliminated. The funds currently being care in crafting it to avoid those kinds which is only a quarter of the number provided are insufficient to tackle the of excesses. The bill creates no new the Bureau had more than a decade ago magnitude of this problem. I refer all statutes and no new sentences. Instead, at the time of the savings and loan cri- Senators to the testimony before the it focuses on modernizing existing stat- sis. At current levels, the FBI cannot Judiciary Committee by the Director utes to reach unregulated conduct and even begin to investigate the more of the FBI and the Deputy Director of on addressing flawed court decisions than 5000 mortgage fraud allegations the FBI and to the detailed justifica- interpreting those laws. This is exactly the Treasury Department refers each tions the FBI and other law enforce- the kind of Federal criminal legisla- month. Other agencies have docu- ment agencies have provided. tion that these critics should appre- mented similar crises in their ability I believe authorizing and funding ciate. Rather than gratuitously adding to keep up with the rising pace of new fraud enforcement will save the gov- new laws or expanding Federal jurisdic- cases. ernment money. That is what the Jus- tion, it acts in a targeted way to fill in We all know that fraud enforcement tice Department has found. That is gaps identified by investigators and simply can’t be adequately covered what Taxpayers Against Fraud has prosecutors to make it easier for them with funds allocated in the recently found. That is what the administration to reach the conduct most relevant to passed recovery legislation for State indicates in its Statement of Adminis- the current financial crisis. and local law enforcement. As someone tration Policy in strong support of this The bill amends the definition of ‘‘fi- who pushed strongly for recovery legis- bill. As the administration says: nancial institution’’ in the criminal lation that included State and local ‘‘These additional resources will pro- code in order to extend Federal fraud law enforcement, I know the purpose vide a return on investment through laws to mortgage lending businesses behind those funds and what they are additional fines, penalties, restitution, that are not directly regulated or in- dedicated to. It is intended to ensure damages, and forfeitures.’’ I would add sured by the Federal Government. that State and local law enforcement that strong fraud enforcement will also These companies were responsible for agencies and crime prevention pro- save money by deterring fraudulent nearly half the residential mortgage grams could avoid layoffs, make new conduct. market before the economic collapse, hires, and reinforce their work to pre- According to recent data provided by yet they remain largely unregulated vent the increased crime so often asso- the Justice Department, the govern- and outside the scope of traditional ciated with economic downturns. In so ment recovers on average $32 for every Federal fraud statutes. This change

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10531 will finally apply the Federal fraud some of the elaborate mortgage fraud AMENDMENT NO. 1000, AS MODIFIED laws to private mortgage businesses schemes. They get away with it be- Mrs. BOXER. Madam President, I ask like Countrywide Home Loans and cause there is no real ability to go that my amendment be modified with GMAC Mortgage. after them. There is neither the money the changes that are already at the The bill would also amend the major nor the personnel. This legislation desk and ask unanimous consent that fraud statute to protect funds expended gives both money and personnel but Senators WEBB and WYDEN be added as under the Troubled Assets Relief Pro- also gives teeth to the law. cosponsors of the amendment. gram and the economic stimulus pack- I have said on this floor several The ACTING PRESIDENT pro tem- age, including any government pur- times, if you have somebody who sets pore. Without objection, it is so or- chases of preferred stock in financial up a $100 million fraud scheme, they do dered. institutions. The U.S. Government has not care what happens to the people in The amendment is so modified. provided extraordinary economic sup- their way. They do not care if they The amendment, as modified, is as port to our banking system, and we ruin the lives of the people they are follows: need to make sure that none of those going after. They do not care if the On page 20, between lines 11 and 12, insert funds are subject to fraud or abuse. people lose their homes because they the following: This change will give Federal prosecu- figure if they get caught, they might ‘‘(e) ADDITIONAL FUNDING FOR THE SPECIAL tors and investigators the explicit au- have to give a little bit of the money INSPECTOR GENERAL FOR THE TROUBLED thority they need to protect taxpayer back in a fine or otherwise. They are ASSET RELIEF PROGRAM.— funds. not deterred. They, obviously, do not ‘‘(1) IN GENERAL.—Of the amounts of au- This bill will also strengthen one of have a sense of conscience or morality. thority made available pursuant to section the core offenses in so many fraud They do not care if people lose their 115(a) of the Emergency Economic Stabiliza- cases—money laundering—which was tion Act of 2008 (P.L. 110–343), an additional life savings. They do not care if people $15,000,000 shall be made available to the Spe- significantly weakened by a recent Su- lose their retirement. They do not care cial Inspector General of the Troubled Asset preme Court case. In United States v. if people lose their hope for the future. Relief Program (in this subsection referred Santos, the Supreme Court misinter- All they want is the money. to as the Special Inspector General). preted the money laundering statutes, Madam President, I tell you right ‘‘(2) PRIORITIES.—In utilizing funds made limiting their scope to only the ‘‘prof- now, if these same people think they available under this subsection, the Special its’’ of crimes, rather than the ‘‘pro- are going to go to prison for what they Inspector General shall prioritize the per- ceeds’’ of the offenses. The Court’s mis- are doing, if they think they will spend formance of audits or investigations of re- taken decision was contrary to con- cipients of non-recourse Federal loans made time behind bars for years and years, by the Secretary of the Treasury or the gressional intent and will lead to finan- then maybe—maybe—some Americans Board of Governors of the Federal Reserve cial criminals escaping culpability sim- may be able to keep their homes, some System, to the extent that such priority is ply by claiming their illegal scams did Americans may be able to keep their consistent with other aspects of the mission not make a profit. Indeed, Ponzi dreams, some Americans may be able of the Special Inspector General. Such audits schemes like the $65 billion fraud per- to keep their retirement, some Ameri- or investigations shall determine the exist- petrated by Bernard Madoff, which by cans may be able to keep sending their ence of any collusion between the loan re- definition turn no profit, are exempt children to college. cipient and the seller or originator of the from money laundering charges under asset used as loan collateral, or any other People are now losing that dream. conflict of interest that may have led the this formulation. This erroneous deci- That is why there is strong bipartisan loan recipient to deliberately overstate the sion must be corrected immediately, as support for this bill. That is why I value of the asset used as loan collateral.’’. dozens of money laundering cases have must admit I am somewhat frustrated Mrs. BOXER. I suggest the absence of already been dismissed. that many have come here to try to None of these changes constitute a quorum. bring amendments that have abso- The ACTING PRESIDENT pro tem- overcriminalization. Rather, they lutely no place in this bill, and, if any- reach fraudulent conduct at the center pore. The clerk will call the roll. thing, would slow up the ability to pro- The legislative clerk proceeded to of our ongoing economic crisis. Ameri- tect Americans. But they have the cans are rightly demanding account- call the roll. right to do this. Mr. CONRAD. Mr. President, I ask ability for this fraud, and we cannot We will soon have a list of amend- have full accountability without the unanimous consent that the order for ments, we will set the list in, and we the quorum call be rescinded. participation of Federal investigators will set a time for final passage. And The PRESIDING OFFICER (Mr. and prosecutors armed with the tools maybe—maybe—within a few weeks UDALL of Colorado). Without objection, and resources they need. the President will be able to sign this it is so ordered. We can delay no further in taking de- legislation and people will be a lot Ms. SNOWE. Mr. President, I rise cisive action to strengthen fraud en- more protected than they are now. today to express my strong support for forcement and doing everything we can Madam President, I suggest the ab- the Fraud Enforcement and Recovery to fight the scourge of fraud that has sence of a quorum. contributed to our economic crisis. Act of 2009 currently before the Senate. The ACTING PRESIDENT pro tem- There is simply no good reason for us This legislation, which is long overdue, pore. The clerk will call the roll. not to act. The administration will take critical strides toward ena- The legislative clerk proceeded to ‘‘strongly supports enactment’’ of this bling the Justice Department and Fed- call the roll. bill. The Justice Department supports eral Bureau of Investigation to inves- Mrs. BOXER. Madam President, I ask it, the FBI supports it, the Secret Serv- tigate and prosecute the mortgage and unanimous consent that the order for ice supports it, the TARP inspector securities fraud that have played such the quorum call be rescinded. general supports it, the HUD inspector a large role in bringing our economy to general supports it, Federal and State The ACTING PRESIDENT pro tem- the brink of collapse. I would like to law enforcement officers support it. pore. Without objection, it is so or- commend Senators LEAHY, GRASSLEY, The bottom line, Madam President— dered. and KAUFMAN for introducing this bill before I lose my voice entirely—is, this AMENDMENT NO. 1000 that I am proud to cosponsor and hope legislation is to stop people who have Mrs. BOXER. Madam President, I ask that the Senate will pass it as quickly been robbing the retirement savings of unanimous consent that amendment as possible. Americans, who have been robbing No. 1000 be the pending business so I The fact is that the current recession their homes from under them, who might modify it. stands apart from others we have expe- have been robbing the money they have The ACTING PRESIDENT pro tem- rienced since the end of World War II, set aside for their kids’ college edu- pore. Is there an objection? and not just because it is the longest cation and getting away with it under Without objection, it is so ordered. and deepest. Although many downturns

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10532 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 are the result of a decline in the busi- result of their investments in subprime enactment. This extra manpower will ness cycle, this recession was in signifi- mortgages. Some of this Nation’s most help enable the FBI to develop and cant part brought about by two factors recognizable companies, including Bear fully investigate, as well as bring re- that could well have been avoided had Stearns and Lehman Brothers have sponsible parties to justice. mortgage brokers and their associates been wiped away due to collapse of the There is simply no question that this and financiers set aside greed and out- mortgage-backed securities market, additional manpower is an absolute ne- sized profits in favor of responsible while Fannie Mae and Freddie Mac cessity to combat fraud given rising lending, financial practices, and sus- have been taken over by the Federal caseloads and a wholly inadequate tainable, but nonetheless healthy, Government. level of resources. Consider the fol- rates of return. While other financial institutions lowing facts: In the last 6 years, sus- First, during the most recent housing have not shuttered their doors, they picious activity reports alleging mort- boom, as are all aware, many home- have absorbed significant losses. This gage fraud that have been filed with buyers were placed into predatory, has caused banks to all but cease to the Treasury Department have in- subprime loans that they could not be lend, which has led to untold difficul- creased nearly tenfold to 62,000 in 2008. reasonably expected to repay. Indeed, ties for businesses and individuals In the last 3 years, the number of while unscrupulous lenders, including seeking credit. Consumers could not criminal mortgage fraud investigations private mortgage brokers and lending obtain car and student loans, and busi- opened up by the FBI has more than businesses that were not subject to the ness owners, and small business owners doubled to exceed 1,800 at the end of type of oversight and regulations that in particular, could not acquire capital 2008. Moreover, the FBI anticipates a have traditionally prevented fraud, to expand operations or, in many cases, new wave of cases that could double profited from a quick short-term fee in make payroll. In short, the staggering that number yet again in coming exchange for underwriting an irrespon- 5.1 million job losses we have witnessed years. Finally, despite increases in sible mortgage with little due dili- since the onset of the recession in De- caseloads, the FBI currently has fewer gence, homebuyers were left with loans cember 2007 are in large part attrib- than 250 special agents nationwide as- that began with low interest rates and utable to the collapse of housing and fi- signed to these financial fraud cases. At current levels, these agents cannot affordable payment but that morphed nancial markets. individually review, much less thor- into significantly higher interest rates To ameliorate the situation, Con- oughly investigate, the more than 5,000 and payments. In other cases, the New gress was last October forced to pass fraud allegations received by the York Times has reported that circles of the $700 billion Emergency Economic Stabilization Act that created the Treasury Department each month. appraisers delivered inflated appraisals Although the details of the legisla- Troubled Asset Relief Program, TARP, on demand, while lawyers paid by the tion I have introduced differ from those to rescue financial markets. Combined seller, but holding themselves out as in the measure currently before the with other actions taken by the Fed- representing the buyer, and mortgage Senate, I believe the impact on the eral Reserve Board, Federal Deposit In- brokers conspired to persuade buyers government’s ability to root out and to take on overpriced and often dilapi- surance Corporation, and the Treasury prosecute fraud would be similar. In dated homes. And the scams continue Department, the Congressional Over- particular, the legislation now under to this day. The Times reports that sight Panel on April 7 reported that consideration authorizes $165 million a deed thieves are currently approaching the total value of all direct spending, year for hiring fraud prosecutors and distressed owners and offering to ame- loans and guarantees provided in con- investigators at the Justice Depart- liorate financial difficulties by tempo- junction with the federal government’s ment in 2010 and 2011. This includes $75 rarily taking over deeds. Then they re- financial stability efforts now exceeds million in 2010 and $65 million in 2011 finance and flee with the owners’ eq- $4 trillion. In addition to this unprece- for the FBI to hire 190 additional spe- uity in tow. dented exposure, Congress also passed cial agents and more than 200 profes- The result of the fraudulent loans the $787 billion American Recovery and sional staff and forensic analysts to and scams has been nothing short of a Reinvestment Act in February to as- nearly double the size of its mortgage disaster that has devastated commu- sist those displaced by the recession and financial fraud program. With this nities nationwide. RealtyTrac, the and sow the seeds for recovery. funding, the FBI can expand the num- leading online marketplace for fore- Notably, as Congress passed the $700 ber of its mortgage fraud task forces closure properties, in January reported billion financial rescue package last nationwide from 26 to more than 50. that Americans received 3.2 million October, I insisted that our obligation Notably, the funding authorized in foreclosure filings on 2.3 million prop- did not stop with the enactment of the bill also includes $50 million a year erties during 2008. That represents a that legislation. Indeed, I called on for U.S. Attorneys’ Offices to staff staggering 81-percent increase in total Congress to demand accountability for those fraud task forces and $40 million properties from 2007 and a 225 percent the massive malfeasance that has been for the criminal, civil, and tax divi- increase in total properties from 2006. perpetrated on the American people sions at the Justice Department to pro- Unfortunately, mortgage brokers and and specifically made the point that vide special litigation and investiga- related parties are not solely to blame those responsible for our Nation’s eco- tive support in those efforts. In addi- for the economic calamity that has be- nomic meltdown must be investigated tion, the bill authorizes $80 million a fallen the nation. Large Wall Street in- and subsequently prosecuted to the year for 2010 and 2011 for investigators vestment banks thought they saw a fullest extent of the law. Frankly, it and analysts at the U.S. Postal Inspec- profit opportunity and decided to pack- would be inconceivable to me to devote tion Service, the U.S. Secret Service, age and sell risky subprime mortgages anything less than 100 percent of our and the Department of Housing and in largely unregulated markets. They resources to investigating those re- Urban Development’s Office of Inspec- believed that they could reduce risk by sponsible for this crisis. tor General to combat fraud in Federal placing mortgage securities into such It is for these reasons that on Feb- assistance programs and financial in- bundles but were in many cases dis- ruary 25, I, joined by Senator WHITE- stitutions. honest with themselves and investors HOUSE, introduced the FBI Priorities In addition to adding critical funds about the potential for losses. Al- Act of 2009, S. 481, to augment FBI in- necessary to identify and prosecute though paper profits soared so long as vestigations of financial crimes. Turn- fraud, this legislation makes several housing prices increased, once they ing to specifics, this bill authorizes $150 vital improvements to fraud and began to tumble, the value of these se- million for each of the fiscal years 2010 money laundering statutes to strength- curities did as well. through 2014 to fund approximately en prosecutors’ ability to combat a It is now estimated that in the past 1,000 Federal Bureau of Investigation growing wave of fraud. Specifically, year, U.S. banks and financial institu- field agents in addition to the number the bill amends the definition of ‘‘fi- tions lost more than $500 billion as a of field agents serving on the date of nancial institution’’ in the criminal

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10533 code to extend Federal fraud law to ally insured banks. Similarly, it makes BUDGET RESOLUTION CONFERENCE mortgage lending businesses that are sure that Federal prohibitions against Mr. CONRAD. Mr. President, floor not directly regulated or insured by false statements apply to statements staff informs me they are working on the Federal Government. Responsible made to influence mortgage lending de- an agreement that will allow us to go for nearly half the residential mort- cisions. Very importantly, because the to the consideration of the conferees. gage market prior to the economic col- taxpayers have now put extraordinary At this point, we will open the discus- lapse, these companies inexplicably re- sums of money into propping up the fi- sion but will not turn to it. I will use main largely unregulated and outside nancial sector, the bill makes clear this time to make my statement so the scope of traditional Federal fraud that fraudulent activities in connec- that we are efficiently using the time statutes. This provision would apply tion with the TARP program and the of the Senate. the Federal fraud laws to private mort- economic stimulus package can be I remind my colleagues that some of gage businesses, just as they pertain to prosecuted. The bill also reverses an er- the key elements in the Senate-passed federally insured and regulated banks. roneous Supreme Court interpretation budget resolution we will soon be tak- Furthermore, this legislation amends of the Federal money laundering stat- ing to conference. The budget needs to the false statements in mortgage appli- ute that was making it impossible to be considered in the context of the very cations statute to make it a crime to prosecute so-called Ponzi schemes. tough hand we have been dealt. This make a materially false statement or These simple and effective clarifica- administration and this Congress have to willfully overvalue a property to in- tions and expansions of current law inherited a mess of truly staggering fluence any action by a mortgage lend- will help protect the American people proportions. If we start with the deficit ing business. Currently, these stric- from these very damaging frauds. outlook, we can see that the previous tures apply only to Federal agencies, I also strongly support Section 4 of administration inherited surpluses that they rapidly turned into record banks, and credit associations and do the bill, which amends the False deficits, and then record deficits of a not necessarily extend to private mort- Claims Act—FCA. The FCA provisions proportion that stagger the imagina- gage lending businesses. This provision clarify liability for making false or tion. I don’t think anybody could have would ensure that private mortgage fraudulent claims to the federal gov- anticipated we would have deficits ap- brokers and companies are held fully ernment. A few concerns have been accountable under this Federal fraud proaching $2 trillion in a year. raised about this part of the legisla- We also saw in the previous adminis- provision. tion, which I would like to briefly ad- Finally, I would like to point out tration a dramatic increase in the Fed- dress here. eral debt—a more than doubling of the that this bill would modify Federal law One criticism is aimed at the bill’s to protect funds expended under TARP Federal debt in the period that the pre- rejection of an ‘‘intent’’ requirement vious administration was responsible and the economic stimulus package. under the FCA. The Supreme Court re- for. Specifically, the legislation would cently held in the Allison Engine case The Obama administration inherited amend the Federal major fraud statute that such a requirement exists. The record deficits, a doubling of the debt, to include funds flowing pursuant to bill simply returns the law to its origi- the worst recession since the Great De- TARP and the stimulus package. The nal intent. The judicially manufac- pression, financial market and housing change will give Federal prosecutors tured requirement that the person crises unparalleled since the 1930s, and and investigators the explicit author- making a false claim intend that the nearly 4 million jobs lost in the last 6 ity they require to protect taxpayer government itself pay the claim was months alone. On top of it all, we have funds, which could not be more critical giving subcontractors a way to avoid ongoing wars in Iraq and Afghanistan. with $4 trillion at risk as part of TARP liability for fraud, which is incon- I often think what it must be like to and related programs and $787 billion sistent with the purpose of the act. be President Obama, who wakes up at stake as part of the stimulus pack- Another criticism alleges that the every morning with this heavy respon- age. It is absolutely vital that every addition of a ‘‘materiality’’ require- sibility on his shoulders. In our caucus dollar we have put at stake go toward ment to the FCA is potentially broad today, we had the Chairman of the Fed- economic stabilization and revitaliza- and unclear. But ‘‘material’’ is defined eral Reserve Board, Chairman tion and not to line the pockets of in the bill in a way that is consistent Bernanke. I told him that I believe those who seek to defraud taxpayers. with Supreme Court and other judicial when the history of this period is writ- Mr. FEINGOLD. Mr. President, I will precedents, so this claim is uncon- ten, he will go down as one of its he- vote for the Fraud Enforcement and vincing. roes—somebody who helped rescue us Recovery Act of 2009, S. 386. This bill The Fraud Enforcement and Recov- from what could have been a financial improves enforcement and recovery ery Act of 2009 is an important accom- collapse, not only here but around the mechanisms for mortgage, securities, plishment. Those who perpetrate finan- country. financial institution and other frauds. cial fraud, which is so harmful not only In the budget resolution that passed In the context of today’s global finan- to the victims of the fraud but to the the Senate, which we will be taking to cial crisis, it is a very important piece economy as a whole, must be discov- conference, we have tried to preserve of legislation, and I commend its au- ered and prosecuted. This bill makes it the major priorities of the President: thors. easier to do that, so I am pleased to reducing our dependence on foreign en- The current economic downturn has support it. ergy; a focus on excellence in edu- many causes. But certainly fraud—in cation; fundamental health care re- mortgage lending and in the mortgage- VOTE EXPLANATION form, because that is the 800-pound go- backed securities and derivatives mar- Mr. COBURN. Mr. President, earlier rilla that can swamp the fiscal boat of kets—played a significant role. The today amendment No. 1006 was passed the country; middle-class tax cuts; and Fraud Enforcement and Recovery Act by a voice vote. If there had been a cutting the deficit in half over the of 2009 does a number of things to help rollcall vote, I would have opposed this term of the budget. deter and uncover fraud, and com- amendment, as it added more than $40 The budget we produced reduced the pensate its victims. First, it authorizes million to a bill that already costs deficit by more than half over the next significant new resources for the FBI, nearly half a billion dollars. 5 years. We have reduced the deficit by the Department of Justice, the Depart- Mr. CONRAD. Mr. President, before two-thirds. I am proud of that fact. We ment of Housing and Urban Develop- we begin the debate on appointing con- reached 3 percent of GDP a little less ment, and other agencies to investigate ferees on the budget resolution, will than that—which all of the economists and prosecute these kinds of cases. the Parliamentarian inform us of the say is essential to stabilizing the debt. In addition, the bill extends Federal parliamentary status on the floor. At the same time, we have adhered to fraud laws to the mortgage lending The PRESIDING OFFICER. The Sen- the President’s intentions to make cer- business, just as they apply to feder- ate is considering S. 386. tain strategic investments—one of the

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10534 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 most important in energy—to reduce many have said, we have a sickness will pay zero; 99.8 percent of estates our dependence on foreign energy, be- system, not a wellness system. We have will pay zero. cause that is an imperative for this to make a transition. We also have a We also have business tax provisions country, a strategic imperative, a fi- reserve fund to address Medicare physi- and the traditional tax extenders, such nancial imperative, and a national se- cian payments, because we know that as the research credit, that are in- curity imperative. the doctors across the country who cluded in this budget, for a total of tax The budget resolution that went serve Medicare-eligible patients are relief of $958 billion. through the Senate reduces our de- due for major deep cuts—cuts of more On the other side of the equation, we pendence on foreign energy, creates than 10 percent. We are not going to let have loophole closures, such as codi- green jobs, preserves the environment, that happen. Third, it continues invest- fying economic substance and inter- and helps with high home energy costs. ment in key health care programs, national tax enforcement to go after It does it in the following ways: one, a such as the NIH and the FDA. these offshore tax havens, these abu- reserve fund to accommodate legisla- Not only have we preserved the sive tax shelters. We raise $133 billion tion to invest in clean energy and ad- President’s key investment priorities, for a net tax reduction of $825 billion dress global climate change; second, reducing our dependence on foreign oil, over the 5 years of this budget. providing the President’s level of dis- moving toward excellence in education, On the spending side of the house, do- cretionary funding for the DOE; third, health care reform, but we also pre- mestic discretionary spending, again as building on the economic recovery serve his fourth key priority of cutting a percentage of the gross domestic package to provide investments in re- the deficit dramatically. In the budget product—and the reason, of course, newable energy, efficiency, and con- resolution that previously passed the economists say that is what you should servation, as well as low carbon coal Senate, we reduce the deficit by two- focus on rather than the dollar technology, and modernizing the elec- thirds by 2014—that is in dollar terms amounts is that this takes account of tric grid. we reduced it by two-thirds. Most inflation. It gives a more fair compari- I thank Chairman LEAHY once again economists say you ought to evaluate son year by year. for his incredible courtesy and gra- it as a percentage of the gross domestic We hear all this talk that this is a ciousness in allowing us to interrupt product, that that is the best way to big spending budget. No, it is not. This his very important legislation so we see what you are accomplishing. If we budget reduces domestic discretionary can go to this matter of naming con- look at it in those terms, we are reduc- spending as a percentage of gross do- ferees, because we are under a tight ing the deficit by more than three- mestic product from 4.3 percent in 2010 deadline there. I thank the chairman of quarters, from 12.2 percent of GDP in down to 3.2 percent in 2014. We are tak- the Judiciary Committee for his in- 2009 down to less than 3 percent of GDP ing domestic discretionary spending credible graciousness. out in 2014. down to one of its lowest levels in the We also, in this budget, preserve the I am especially proud of that trajec- last 50 years. President’s priority of a focus on excel- tory on the deficit, because I think it is In fact, nondefense discretionary lence in education. If we are not the absolutely critical. I would be the first spending increases under this budget best educated, we are not going to be to say we need to do even more in the resolution an average 2.5 percent. the most powerful country in the world second 5 years, but this is a 5-year In addition, we have a series of budg- for very long. So we adopt the priority budget. The reason it is a 5-year budget et enforcement tools that are in this of investments in education to gen- is that, of the 34 budgets that Congress resolution: discretionary caps for 2009 erate economic growth and jobs, to pre- has done since the Budget Act was in- and 2010. Some have said we ought to pare our workforce to compete in the stituted, 30 of those 34 times we have have discretionary caps for 2011 too. global economy, to make college more done a 5-year budget. Why? Because Well, why? Well, why? We are going to affordable, and to improve student the forecasts beyond 5 years are be back here a year from now. We have achievement. We do it, again, in three murky, at best, highly unreliable. So discretionary caps for 2009 and 2010. ways: a higher education reserve fund we have stuck to a 5-year budget, as Why do we need them for 2011, when we to facilitate the President’s student aid has traditionally been the case. are going to be right back here, same increase; by extending the simplified With respect to the revenue side of place, same time 1 year from now? college tax credit, providing up to the equation in this budget, the Con- We also maintain a strong pay-go $2,500 a year in tax credit—that is a gressional Budget Office, in looking at rule. We provide a point of order dollar-for-dollar reduction in your tax what we have done, would conclude against long-term deficit increases; a liability; and, finally, by providing the that as a total, compared to current point of order against short-term def- President’s requested level of $5,550 for law, the budget resolution that passed icit increases; we allow reconciliation Pell grants and fully funding his edu- the Senate reduces taxes. Let me em- for deficit reduction only in the resolu- cation priorities, such as early edu- phasize that, because some want to put tion out of the Senate; and we provide cation. all the emphasis on the tax increases in a point of order against mandatory When I am asked about the Presi- this package; but if you take the tax spending on an appropriations bill. dent’s budget, I give it very high marks increases and the tax reductions and Let me address, very briefly, this last because I think it has the priorities ex- put it all together, and you look at a provision because what we found was actly right—reducing our dependence net result, you find that we are cutting some of our colleagues have gotten in- on foreign energy, excellence in edu- taxes over the 5 years by $825 billion. creasingly clever about finding new cation, and health care reform, all in That is because we have extended the ways to spend money. We found they the context of dramatically reducing middle-class tax relief that is from the were increasing mandatory spending on the deficit. So on health care, the 2001 and 2003 acts, the 10-percent brack- appropriations bills. Mandatory spend- budget resolution that previously et, the childcare tax credit, the mar- ing is typically not done on an appro- passed the Senate, which we will take riage penalty relief, and the education priations bill, as the Chair well knows. to the conference committee, bends the incentives. All of that is in this bill. Appropriations bills are designed to health care cost curve, reducing costs We also provide alternative min- deal with discretionary spending, not long term, improves health care out- imum tax reform relief for 3 years to mandatory spending. Mandatory spend- comes, expands coverage, increases re- prevent 24 million people from being ing is things such as Social Security search, and promotes food and drug swept up in the alternative minimum and Medicare, certain farm supports. safety. Again, we do it in three dif- tax. Those are mandatory spending items. ferent and very specific ways: No. 1, a We also have estate tax reform, $3.5 We found some of our colleagues have reserve fund to accommodate the million an individual, $7 million a cou- gotten very clever and started to in- President’s initiative to fundamentally ple, indexed for inflation. That means crease mandatory spending on appro- reform the health care system. As 99.8 percent of estates in this country priations bills. We have created a point

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10535 of order to try to short circuit that bad agreements. You will see that in the this budget runs its course—not nec- practice. coming hours. But I wish to make very essarily the chairman’s budget but the The budget resolution also attempts clear that I have high regard for Sen- President’s budget because the Presi- to address our long-term fiscal chal- ator GREGG. He is motivated by patri- dent’s budget is a 10-year budget—by lenges. Let me be very clear. My col- otism, by love of country, and by a fun- the time the President’s budget runs league will momentarily speak, and he damental understanding that we are on its course, we will have passed on to will be highly critical of the budget an unsustainable track, that we have our children a debt which will have tri- resolution for not more fully address- to be much more serious about our pled—tripled—a deficit which will have ing our long-term challenges. It may long-term buildup of deficits and debt. averaged every year for the 10 years a surprise listeners to hear me say that I He has not just talked about it, he has trillion dollars or more and a national agree with him. If there is a place this been prepared to act. public debt—that is the debt we owe to budget can be fairly criticized, it is I wish to recognize him for his com- the Chinese, to the Japanese, and to that it does not do enough long term. I mitment to something I also believe in. our own people who own a fair portion think we do a pretty good job in the I think it is abundantly clear we can- of our debt—a national public debt first 5 years. But beyond that—this is not stay on our current course. It is a which will have doubled as a percent of only a 5-year budget—but beyond that, course that will lead us to a much di- our gross national product, going up to much more needs to be done. minished standard of living for the fu- 80 percent of our gross national prod- The ranking Republican on the Budg- ture. While I believe this budget is a uct. et Committee, Senator GREGG, and I good beginning, I do not assert that What does all that mean? It means have a proposal that I believe needs to this in any way solves our long-term essentially we will have built a debt in be pursued. It is to have a task force problem. It does not. But it is a begin- this Nation which our children will not given the responsibility to come up ning, an important beginning, and we be able to afford to pay down. Just the with a plan to get us back on a sound- need to do more. interest on that debt alone, as we move er, long-term fiscal track and to come I also thank Senator GREGG for his into the later years of this budget, will to Congress for an assured vote if 12 of unfailing courtesy and professionalism, exceed anything else in the budget as a the 16 members of that group could not only in our public debates but in line item on the discretionary side of agree. the workings of the Budget Committee. the ledger. It will exceed, for example, Nonetheless, there are three impor- He has assembled a first-rate and pro- all the money we spend, the interest tant elements of this budget resolution fessional staff. We have worked to- alone will exceed all the money we that deal with our long-term fiscal cir- gether well to do the business of the spend on national defense. It will ex- cumstance. No. 1 is the health reform committee and the business of the ceed by a factor of three or four or reserve fund. That, after all, is the big- country. maybe even eight accounts such as gest threat to our long-term fiscal se- I thank Senator GREGG, once again, education, housing, veterans affairs, curity and stability. No. 2 is we have for all he has done to allow the budget and health. The deficits will have been program integrity initiatives to crack resolution to be fully debated, fully so large for so long that the debt will down on waste, fraud, and abuse. We discussed, to have our differences aired have grown to a point that there is no have five in this budget, and they are publicly and privately but also to do it logical way or fair way that our chil- very important—Medicare, Social Se- in an air of civility and respect, some- dren and our children’s children, who curity, defense, and others as well. I thing I certainly feel toward him. will have to pay this debt, will be able hope very much that these are pursued The PRESIDING OFFICER. The Sen- to do it in a manner that would leave in the conference committee. ator from New Hampshire. them with a nation that is as strong No. 3 is we have a long-term deficit Mr. GREGG. Mr. President, let me and as prosperous as the Nation that increase point of order to require a 60- begin by saying I think it is terribly was given us. vote point of order against moves to in- unsportsmanlike of the chairman of Putting it another way, at the end of crease long-term deficits. the committee to say such nice things this budget, after these 10 years are Finally, let me say that on this ques- about me, to disarm my ability to ef- over and beginning in about the third tion of the long term, the President fectively attack his budget, but I wish and fourth year of this budget, the has been very clear. At the fiscal re- to join his thoughts because he and his spending will be so out of control at sponsibility summit on February 23, staff are very good to work with. He is the Federal level, the growth of the the President said this: a professional. They are committed. He Government will have occurred at such Now, I want to be very clear. While we are genuinely believes, as I do, that this a rapid rate that we will have created making important progress towards fiscal re- country’s outyear fiscal situation is a debt structure which will mean that sponsibility this year, in this budget, this is not a sustainable event. We are trying our children will have about three just the beginning. In the coming years, to work together to address that situa- choices in their future. we’ll be forced to make more tough choices, tion. We hope we can gather others to The first is that there will be a dra- and do much more to address our long-term join us in this effort. matic increase in inflation. We will try challenges. I respect he has water to carry to pay this debt off with inflated dol- The President got it exactly right around here, and he carries it extraor- lars. There is no more regressive or with that statement. We are going to dinarily well on behalf of his constitu- harmful tax that a society can put on have to do much more. But this budget ency, which is the Democratic caucus its people than to have uncontrolled in- is a good and responsible beginning. and the President of the United States. flation or massive inflation. But that is Mr. President, with that, I will yield I congratulate him for the exceptional what one of the choices is. the floor. Let me say, momentarily we job he does. The other choice is that we will raise will have a unanimous consent request That being said—— taxes to a level that they will be so before us. I do not yet have it in my Mr. CONRAD addressed the Chair. high we will essentially tax away the hands. I will say this before we begin Mr. GREGG. Is the debate over? opportunity of our children to do this debate. This is an institution with Mr. CONRAD. Can we end the debate? things which were considered to be Republicans, Democrats, and Independ- (Laughter.) commonplace for our generation—buy ents. On the Budget Committee, we Mr. GREGG. That being said, let’s a home, send their kids to college, in- have all three represented. begin where the chairman leaves off ac- vest in a small business, take a risk, I am chairman of the committee rep- curately and correctly in saying that create a job. All of that will be taxed resenting the Democratic Party. Sen- the course we are on is unsustainable. away because the tax rates would have ator GREGG is the ranking Republican. What does ‘‘unsustainable’’ mean? It to get up to such a level to pay this Senator GREGG is someone with whom is one of those terms of art we use debt off that we will no longer be able we have strenuous debates and dis- around here. It means that by the time to have that type of prosperity. The

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10536 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 third course of action, equally unten- What does it do in the area of savings? spending, even though I supported the able, is that the dollar gets devalued— On the mandatory side, it does nothing stimulus effort. Why does it start back which is to some extent an inflationary in the area of savings, absolutely noth- up again? It starts back up again be- event—and people stop buying our ing. In fact, the few discretionary sav- cause this President, in a very forth- debt. They simply say: I don’t believe ings he sent up, which I happen to sup- right manner—and I give him credit for you can pay this debt off—you, the peo- port, were dropped in the chairman’s this—has said not only in his budget ple of the United States. You are not mark, especially in the area of agri- but he has said publicly that he genu- going to be able to generate enough culture. So as we have said, and some inely believes the way you create pros- productivity to do it. That, of course, people have heard it before—maybe not perity is to significantly increase the leads to some level of implosion of our in this room—it spends too much, it size of the Federal Government, to economy which I can’t even calculate taxes too much, and it borrows too take it to the left dramatically. So he or comprehend, but it is much worse much as a budget. What it doesn’t do is does. As a result, spending goes up at a than what we even confront today. save too much, and that is what gets us rate that is simply not affordable for So nobody is arguing or debating—at into trouble. The practical effect of our children. least I am not, though there are some this budget’s structure is that it takes Look at this black line here. This is who are—I am not coming to this floor Federal debt and doubles it in 5 years the black line that reflects the average and saying it is irresponsible for this and triples it in 10 years. spending of the Federal Government administration, for President Obama to Try to remember what we are talking between 1958 and 2008. Look at how have inserted a large amount of Fed- about. We are not talking about going much higher the spending is of this eral spending into the economy this from $100 to $200 to $300. We are talking Government under this proposed budg- year and next year. We recognize that about trillions. Trillions. I don’t know et. That is a huge gap. When you are this economy is in stress and that the what a trillion dollars is. I can’t even talking about an economy as large as only source of liquidity for our econ- conceive of it. But that is what we are ours, when you are talking about 2, 3, omy is our National Government and talking about. We are talking about and 4 percent—or in this case, 4 or 5 that the Federal Reserve, for all in- taking the Federal debt from $5.8 tril- percent—that is where the massive tents and purposes, has become the lion up to $17 trillion, or thereabouts. deficits come from. That is where the lender of first resort. But that is a To try to put it in perspective, if you massive increase in debt comes from. It short-run issue. take all the spending, all the debt run is debt that is the issue. The problem with this budget is that up by all the Presidents since the be- The chairman used to say: The debt the type of spending which has to be ginning of the country—George Wash- is the threat. He is absolutely right, done now is not curtailed after 2 years. ington through Franklin Pierce the debt is the threat, but the driver of It is not reigned in. It is not reduced or through George W. Bush—all that debt the threat is spending. Unless you are even leveled off. It continues up and up that has been run up over 230-some-odd willing to address the issue of spend- in the third year, the fourth year, the years by all our Presidents, that debt ing, you are not going to get debt fifth year, the sixth year of the budget is doubled by this President within 5 under control because you can’t tax the President sent up here. The spend- years of being in office. people enough to cover that. Well, of ing continues to go up on a path that is There is another chart which shows course you can always inflate the econ- extraordinarily steep, so that the cost this even better. It is called the wall of omy and try to cover it, but that leads of the Government, which today and debt. This chart wasn’t invented by to much more harmful events. historically has been about 20 percent me, but whoever invented it was a ge- So this is the fundamental difference of GDP, jumps to 21 percent, 22 per- nius, obviously. The wall of debt shows we have as a party. The President has cent, 23 percent, and 24 percent. In fact, how the Federal deficit just goes up said he wants to spend, he wants to if you go outside the window and you and up and up and up. This wall of debt tax, and he wants to borrow. And I presume these numbers continue to is what our kids are going to run into think it is important to note there is a compound, you get to a cost of Govern- when they try to have a productive little subtlety here that hasn’t been fo- ment that ends up around 28 and 29 per- lifestyle. It is what is going to cost cused on too much, and that is this: cent of GDP. You cannot sustain an them their ability to be successful. When President Clinton came into of- economy with that type of cost. By the time we get to the end of this, fice, he also wanted to spend and tax, I have a few charts to try to put this or even right here in the middle some- but he didn’t want to borrow. He used in perspective. where of this budget, the average fam- his taxes, which he increased—which I The first chart is on the issue of debt. ily in this country is going to have probably opposed—in order to reduce The budget, as proposed by the Presi- $130,000 of new debt for which they are the deficit. This President, on the dent—and why do I keep talking about responsible. And $130,000 is probably other hand, who is claiming he is going the President’s budget rather than the more than the mortgage on the homes to raise taxes on just the wealthy— chairman’s budget? Because the Presi- of most people. The interest cost on which is a canard if there ever were a dent’s Director of OMB said they are that debt, which most Americans, canard around here—is using all that essentially the same, and they are es- which all Americans are going to be re- revenue not to reduce the deficit but to sentially the same. We can get into the sponsible for, will be about $6,000. That increase spending, and then he spends differences, but the differences are at may be more than what most people on top of that. So he is using it to grow the margin and they are really not ar- pay in interest on their homes. But the size of Government. He is very guable. The biggest difference is that that is the debt that is going to be forthright about this. He is going to the chairman’s budget only goes for 5 passed on to them by this budget. use those tax revenues to nationalize years, not 10 years. Well, there are Why does it happen? It happens for the health care system. That is the other big differences, but that leaves one very simple reason. It is called way I describe it; he describes it an- off the second 5 years, and by leaving spending. The simple fact is that under other way. He is going to use those rev- off the second 5 years, you don’t talk the President’s budget—and under the enues to basically create a massive ex- about and you essentially hide some of budget proposed by the chairman—the pansion of spending in the other ac- the most dramatic effects of this spending of the Federal Government counts of the Federal Government. But spending binge. goes up dramatically, comes back he is not going to use those revenues to The President’s budget increases down, and then starts back up again. It try to reduce the deficit. That is the taxes by $1.5 trillion, it increases dis- goes up dramatically, of course, in big difference between President cretionary spending by $1.4 trillion, these 2 years here, which I said I have Obama and President Clinton in the and it increases mandatory spending reservations about. I especially had area of fiscal policy. So he doubles and by $1.2 trillion. And this number, this reservations about the stimulus pack- triples the debt, and as a result, he $1.2 trillion, is grossly underestimated. age, which was a misallocation of leaves to our children a nation which is

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10537 not affordable. So as I said, there is a amendment or who wishes to discuss a tion just says: Don’t just drop our fundamental difference. motion to instruct. amendment when you walk into the You know, in the past we would get The PRESIDING OFFICER. The Sen- conference committee meeting. these budget debates on the floor, and ator from Nebraska. It says: Remember, we voted over- they were sort of academic exercises. Mr. JOHANNS. Mr. President, be- whelmingly against shutting off debate People would engage in them, and they cause of the procedure we are following and using as little as a single legisla- would be very interesting, but I don’t at the moment, I can’t make this mo- tive day to pass complex cap-and-trade think anybody ever saw it as the core tion right now, but we will offer the legislation. of the policy of the country. Even motion at the appropriate time. It says: Don’t forget that cap and though it was important, it wasn’t the I rise today to speak about some- trade, if passed, will radically change core. thing I am bringing to the Senate. I am the economic landscape of this great This debate is about this country’s on the floor today because I think it is Nation. future. This budget is about where this unwise and I also think it is unfair to Amendments to such a bill should country ends up. The pathway that has the American people to use budget rec- not be narrowly limited by the rules of been laid out in this budget is a path- onciliation to pass cap and trade. the budget process, a process that was way that leads to a debt which the Just to review the history of this, I really built for deficit reduction, not chairman has openly said is not sus- joined the senior Senator from West greenhouse gas reduction. It asks for tainable. If the chairman knows it is Virginia and circulated a letter asking leadership from our Senate conferees not sustainable and the President the leadership of the Budget Com- so the American people can witness a knows it is not sustainable, why mittee not to include reconciliation in- full debate on this very important haven’t they sent a budget up here to structions to pass cap and trade. I was issue. address that fact? Instead, they have very happy that a number of my col- Where does that leave us today? One sent a budget up here which does noth- leagues agreed with us. Eight Demo- might ask the question: Why is the mo- ing about that fact, and, in fact, it does crats signed the letter, and 25 Repub- tion necessary? With such a strong the opposite. It increases spending, it licans—even some who support cap and showing against including instructions increases discretionary and mandatory trade—signed the letter. Notably, the for cap and trade, isn’t that message spending, and it saves absolutely zero budget resolution which we considered already clear? The message is clear, in the area we most need savings, on the floor of the Senate did not in- but I think we have to be vigilant for which is the mandatory accounts. clude reconciliation instructions. I some simple reasons. So the difference is this: The Presi- commended members of the Budget First, we learned over the past sev- dent, as I said, has been forthright. His Committee during floor debate for not eral days that budget discussions are budget—this budget—probably the including instructions for cap and far from over. Reports indicate that ne- most significant document we have re- trade. I do so again today. gotiations will continue over the next ceived here in the area of fiscal policy At the same time, I expressed con- several days, maybe into the next sev- since perhaps the time of Lyndon John- cern that the real threat, though, came eral weeks. Memories fade. If we think son or before, concludes that the way from the House in terms of what it had that budget reconciliation is off the to prosperity is to expand the size of done with its resolution. The House table as time wears on, we could be Government in an exponential manner budget, I think we all know, included, very mistaken. by spending on Government programs interestingly enough, reconciliation in- Budget Committee leadership from in hopes that they create some sort of structions. We all know why they in- both the House and the Senate has spe- economic activity and create pros- cluded the instructions. The House has cifically noted that debate on the in- perity over the long run. Well, we be- no use for them. They are not nec- clusion of reconciliation instructions lieve, as a party, that doesn’t work be- essary under House rules. Therefore, continues to be very intense. In other cause in this case it is not paid for and there is no reason to include them words, the use of budget reconciliation it creates all this debt which we then other than to attempt to force cap-and- for cap and trade does remain a possi- pass on to our children to pay. We be- trade provisions into the conference re- bility. Cap and trade could be slipped lieve the way to prosperity is to have a port. into law if the House instructions, as government that is affordable and to We are nearing that day when a con- currently written, end up in the con- pass that affordable government on to ference report will come to us. This ference report. your children. Equally important is to would restrict input from the Amer- For me, today’s motion is about empower the individual citizen and ican people, or the Senate body, on a being able to say to Nebraskans when I groups of citizens to go out, take a policy that would result in massive return home—to look them in the eye risk, and create a job, not to have the taxes and fees. and say: Yes, I read that bill, and I Government take from the individual I thank Members on the other side of carefully considered its impact on you, the ability to create jobs because it the aisle. I think they should be com- your families, your businesses, and taxes the individual either through in- mended for what they did next. Under- your future. And, yes, I did everything flation or through taxes or through a standing that the House was trying to I could to make sure people from Ne- huge debt burden, as is proposed in this slip climate change into law without braska understood well the significant budget—a huge debt burden that is not review, without debate, without tax burden likely to result from the sustainable. amendment, without consideration, 26 legislation. And, yes, after considering So this is a very significant debate of my colleagues from the other side all of those things, I stood up and cast and a very significant decision point in voted with the Republicans in support a vote, yes or no. our Nation’s history because if this of my amendment. We need to stand up to those who budget passes in its present form, we What was the result? The result was want to use reconciliation to stop are guaranteeing that we will pass on that 67 Senators made it very clear transparency and limit debate. I be- to our children a nation whose Govern- just a few days ago that they would not lieve both the Chairman of the Senate ment is not sustainable, and therefore support using budget reconciliation to Budget Committee, whom I respect, we will be passing on to our children a pass cap and trade. This vote, I would and the Ranking Member of the Senate nation which is less than what we re- offer, showed courage and leadership. Budget Committee, whom I respect, are ceived from our parents. No generation Probably most importantly, it showed battling mightily to ensure that rec- has the right to do that to another gen- true bipartisan spirit. onciliation instructions are not in- eration, and that is what this debate is Today I am again asking for the sup- cluded. Today, on the floor of the Sen- about. port and leadership of my colleagues to ate, I commend them for that bipar- Mr. President, at this point, I yield stand in support of my motion to in- tisan effort. But they need our help. to Senator JOHANNS, who has an struction the budget conferees. My mo- They need an army of Senators whose

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10538 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 primary concern is the interest of the The PRESIDING OFFICER. The Sen- but as the ranking member well knows, American people. A vote in support of ator from North Dakota is recognized. the budget resolution is entirely a con- this motion can do just that. We need Mr. CONRAD. Mr. President, let me gressional document. this vote. We need to pass this motion. indicate with respect to the question of With that said, I do want to indicate We need to insist that the text of the reconciliation being used for cap and that I previously voted for the amend- amendment, which 67 Senators, both trade or climate change, there is no ment of the Senator. I will vote for it Republican and Democrat supported, provision on the House side for that again. But I do want to indicate we do remains in the conference report on the purpose. At least that is the stated in- not have any reconciliation instruction budget. tention of the Speaker of the House of in our resolution, and the House, I appreciate the opportunity to ex- Representatives. And there is no rec- through its leadership, has made clear press this view. I urge my colleagues to onciliation instruction in our resolu- they do not intend to use a reconcili- support this motion. I yield the floor. tion at all for any purpose. ation instruction for the purpose of cap The PRESIDING OFFICER. The Sen- Let me indicate I happen to agree and trade or for the purpose of climate ator from New Hampshire is recog- with the Senator from Nebraska. I per- change legislation. nized. sonally do not believe reconciliation Mr. GREGG. If the Senator will yield Mr. GREGG. If the Senator will in- should be used for this purpose. I must for a further question, I will make this dulge me for about 2 minutes because I say, I am very disappointed the Repub- a rhetorical question. The Senator is want to speak quickly on behalf of the licans, when they were in a position to one of the most influential Members of amendment of the Senator from Ne- do so, abused reconciliation. I believe the Senate and of the Congress. When braska? He has outlined a lot of the that strongly. Reconciliation was de- he says he wants something to happen, substantive reasons it is important. It signed for one purpose and one purpose especially when it deals with the budg- would not be appropriate to do this only, and that was deficit reduction. et, I know it will. type of huge policy on a 20-hour debate, Our friends on the other side used it to Mr. CONRAD. I wish that were true. no-amendment situation, up-or-down dramatically cut taxes and increase I wish the Senator had been with me in vote. But there is another issue which the deficit. That was, to me, an abso- the discussions over the last few days, goes to the integrity of the Senate and lute abuse of reconciliation. even in our caucus on Tuesday. I yield the floor. the purposes of the Senate. But two wrongs do not make a right, The PRESIDING OFFICER. The Sen- Basically, reconciliation is purely a and I do not believe using reconcili- ator from Michigan is recognized. Senate event. The House doesn’t need ation for major substantive legislation Ms. STABENOW. Mr. President, I, reconciliation. The House has a Rules that is not fundamentally deficit re- too, rise to speak to a motion to in- Committee. They can determine how duction is an appropriate use of rec- struct conferees. I understand we do long debate is going to be, when there onciliation. That is No. 1. not yet have an agreement to be able is going to be debate, and how many No. 2, I think people will find that be- to move forward on that. amendments there are going to be. cause reconciliation was designed for a I first want to indicate that I, as well The Senate historically has been the very specific purpose, that it does not as the chairman of the Budget Com- place where people come to talk, to work well for the purposes of writing mittee, joined with the Senator from discuss, to air out an issue, and then to major substantive legislation. I will Nebraska in supporting his amendment have amendments on that issue. That not go into all the technical reasons to the budget resolution. But I believe is the whole function of the Senate in why that is the case, but it is the case. it is not enough just to say what we our constitutional process. I find it in- We will get to questions of reconcili- will not do on climate change. It is congruous, to be kind, that the House ation being used for other purposes as very important to say what we will do. of Representatives would be trying to well. So that is what my motion to instruct dictate to the Senate the rules of oper- I have argued strenuously, publicly does. It provides a positive direction ation of the Senate in a manner—first, and privately, that reconciliation for future climate legislation. I thank it is inappropriate to begin with, but ought to be reserved for deficit reduc- my colleagues, Senators BOXER, they are dictating them in a manner tion. But I do want to indicate that BROWN, SHAHEEN, CARDIN, and LIEBER- which basically goes at the funda- there is no reconciliation instruction MAN for cosponsoring this motion to in- mental purpose of the Senate, which is in the resolution coming from the Sen- struct. that the Senate be the place where de- ate; and in the House, the Speaker has The budget we pass is truly about in- bate, discussion, and amendment oc- made clear that reconciliation would vesting in America’s future. With all curs on policy issues of great sub- not be used for climate change legisla- respect to our ranking member, for stance. tion or for cap-and-trade legislation. whom I have great respect and fond- I do not argue that reconciliation is Mr. GREGG. Will the Senator yield ness, there is a difference in this budg- not a useful and appropriate tool to be for a question? et in terms of priorities. There is no used around here. There are many rec- Mr. CONRAD. I would be happy to question about it. There is a big dif- onciliation initiatives for which I yield. ference in terms of what we want to in- voted. But in the area the Senator has Mr. GREGG. I totally want to iden- vest in—education, energy independ- noted, which is a massive change in in- tify my position with the Senator’s ar- ence, health care, jobs. I might say dustrial policy, a huge tax on every gument as to the purposes of reconcili- coming from Michigan: Jobs, jobs, jobs. person who turns on a light in every ation and the fact it should not be used So there is a difference in direction, home in America, that should not be for major public policy initiatives in values, and priorities in this budget. done under reconciliation. Equally im- which require debate and hearings in I believe it is what the American peo- portant, the House of Representatives the Senate and an amendment process. ple are asking for. Our policy on cli- should not be explaining to the Senate Are we to presume, therefore, that mate change has to invest in the future or telling the Senate what the rules of your logic on cap and trade applies also just as our budget does. If done right, the road are in the Senate. They have to major health care reform? climate change legislation will create enough issues on their own over there. Mr. CONRAD. My logic does, as I new jobs, new industries, and it will re- At this point, I think the Senator have made very clear over and over, vitalize and strengthen our economy. from Michigan wanted to be recog- publicly and privately. But, you know, So I will offer a motion to instruct in nized. At the completion of the re- I don’t get to decide. We have House response to other amendments that say marks of the Senator from Michigan or conferees, we have other Senate con- what we cannot do. My motion, on the the chairman’s comments, unless the ferees, and, of course, we have a White other hand, is what America can do, Senator has further comments, the House that has an interest—although what we must do. next Member to be recognized on our they have no formal role in the budget My State of Michigan is facing seri- side will be Senator GRASSLEY. process here. They submit a budget, ous challenges right now. We have the

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10539 highest unemployment rate in the But I truly believe if our energy policy of priorities that are the priorities of country, of 12.6 percent. The hard- can turn Michigan’s economy around, the American people. I am very proud working people, the families in Michi- it will turn America’s economy around. of and grateful to our chairman, the gan and other States that are strug- Recent history has shown what hap- Senator from North Dakota, for his gling, need us to do a climate change pens when we rely primarily on foreign leadership, and I appreciate the rank- policy right so that it does create jobs sources of energy. We subject ourselves ing member as well for his gracious- and transform our economy. Our econ- to less than friendly international gov- ness, even though we have different omy cannot go forward with the same ernments that can leverage unstable views. I very much appreciate the way old policies dependent on foreign oil supply and higher prices against the he and the chairman conduct the com- and pollution that harms our health people we represent. The motion to in- mittee. But I am proud to say this is and our economic interests. Climate struct I will offer will guide the con- different. The American people want a policy can and must look out for work- ference committees to take steps to different set of priorities, and that is ing families and businesses, whether it further reduce our dangerous addiction what this budget resolution provides. is a farmer, a manufacturer, or a clean to foreign oil. The PRESIDING OFFICER (Mrs. tech engineer. That is why the motion Furthermore, our domestic energy SHAHEEN). The Senator from North Da- to instruct that I will be offering refers needs also increase over time, and all kota. to a future climate policy that is well sources of clean energy should be part Mr. CONRAD. Madam President, at balanced to address all of these inter- of the portfolio. Diversification of our this moment, I ask unanimous consent ests, so it does create jobs and energy supply is key for security, sta- that next Senator GRASSLEY be ac- strengthens manufacturing and breaks bility, and opportunity. This is a na- corded 14 minutes; that Senator BOXER America of our dangerous addiction to tional and international problem and follow him for 10 minutes. foreign oil. We cannot rely any longer we must solve this together. How much time would Senator My motion directs the conferees to on the same old technologies and the WYDEN request ? ensure that all regions contribute equi- same old fuel. Mr. WYDEN. Could I have 10 as well? With new energy solutions come new tably and help each other as America Mr. CONRAD. And 10 minutes to Sen- transitions to a clean energy future. I jobs and new industries. America has ator WYDEN. always led the world in innovation and also believe a successful climate policy Mr. GREGG. Is this all coming off of has to include all our economic stake- we can do it again in a green energy your time? holders. Agriculture and forestry can economy if we do this right. We are in I will be yielding my time on this make significant contributions to the midst of a revolution, an energy side. greenhouse gas reduction, perhaps as revolution. Over 100 years ago, Henry Mr. CONRAD. I would always be much as 20 percent, with the right in- Ford revolutionized manufacturing in happy to give Senator GRASSLEY time centives. My motion to instruct pro- transportation with the automobile off mine. vides clear and certain opportunities and the assembly line. He also revolu- Mr. GRASSLEY. I will take it off for landowners so they can achieve tionized the way we pay people in this your time. emission reductions and benefit from country. He gave his workers $5 dollars The PRESIDING OFFICER. Without doing so. objection, it is so ordered. a day to work on the line when it was Finally, this motion to instruct puts The Senator from Iowa is recognized. not necessary to do that, because he us on the road to a balanced climate Mr. GRASSLEY. Pretty soon we are wanted to make sure he had people who policy. With policies that meet these going to have a motion dealing with could buy his automobiles. objectives, we can ensure the American small business. I want to address that Through doing that, that revolution- public that greater economic oppor- issue now so that I get it addressed ized people to invest in workers. He tunity lies ahead, and we can do this properly as a senior member of the helped create the middle class of this while meeting the ambitious emission Senate Finance Committee. country. In the 1980s we had a com- reduction targets set by President Everyone in this body knows that puter revolution that changed the way Obama. we work, the way we communicate, the Instead of arguing about what we small businesses are an extremely im- way we learn, the way we live. The en- cannot do, I urge my colleagues to em- portant and dynamic part of the U.S. ergy revolution of the 21st century will brace what we can do. That is what economy. I wish to say, and I often do, change our economy, I believe, if done this motion to instruct relates to—cre- that small business is the employment right. ating jobs, protecting our environment, machine of our economy. That is why the right kind of climate energy independence. This is what our President Obama agrees with that. policy is so important. The motion to future is about. Small businesses have generated 70 per- instruct that I will be offering will di- In addition to speaking about the cent of the net increase in jobs in the rect the conference committee toward motion to instruct, I would take a mo- United States over a long period of a smart climate policy that will pro- ment to say, on the broader budget res- time. Three weeks ago, we debated this tect and strengthen manufacturing. olution, this resolution again is dif- issue during the budget resolution de- First we ensure a level playing field in ferent. It is about jobs, it is about en- bate. During the debate, the Senate the world economy so climate legisla- ergy independence, health care, edu- spoke on this point, because Senator tion does not hurt our bottom line. cation, tax cuts, yes, for the middle CORNYN had a small business tax relief This will protect U.S. manufacturers class who have been overlooked for too amendment. That amendment passed from international competitors that do long, as well as focusing on cutting the by an overwhelming vote of 82 to 16. not follow the same important environ- deficit in half during the life of this America’s small businesses have been mental standard our companies will budget resolution. suffering during this recession. If you have to follow. We know this deficit has been run up. go back to your States frequently, as I Second, new manufacturing opportu- When I came into the Senate in 2001, do, you will hear about it from your nities will arise. I believe that. For ex- we were debating what to do about a small businesses very directly. A few ample, to meet the needs of new clean $5.7 trillion surplus over 10 years, and weeks ago, Senator LANDRIEU and Sen- energy production, we will need to colleagues were willing to make deci- ator SNOWE held a hearing on the produce clean energy technologies on a sions, our colleagues on other side of crunch hitting small business. They massive scale. We are talking about the aisle, were willing to go into defi- found that big banks have been crank- 8,000 parts in a wind turbine. As I have cits for the war in Iraq, go into deficits ing down lending to small businesses. said to many colleagues, we can build for tax cuts for a few, go into deficits At a time we are putting more money every single one of those in Michigan. for a different set of policies. into big banks, why? I do not know I know I talk a lot about this. I talk a It is true, this budget resolution re- that we got an explanation. I have been lot about our economy in Michigan. flects what I believe is a different set trying to get an answer out of Treasury

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10540 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 on whether banks receiving the bailout ference between the left and right think tank, Center on Budget Policy money have been similarly squeezing hand. But as you can see even more and Priorities, also used that figure. out small business customers. I am dramatically on the other two charts, Moreover, Secretary Geithner has tes- still waiting for an answer from our this chart shows small business activ- tified using that figure. They argue Treasury Department. ity contracting tremendously. that a minimal amount of small busi- A very good source of answer, Small business hiring plans are at ness activity is affected. though, as we turn elsewhere, an an- their most negative level in the entire However, there are two faulty as- swer about the environment of small 35-year history of this survey, again, sumptions to this small business filer business, is found in the monthly sur- the right side of the chart. Let me re- argument. veys of small businesses conducted by peat, because it is so important, this The first faulty assumption is that the National Federation of Independent goes back to 1974, those surveys. Since the percentage of small business filers Business. We all know about the NFIB, NFIB started doing them, the likeli- is static. In fact, small businesses move the largest small business organiza- hood of small business owners adding in and out of gain and loss status de- tion. NFIB has been conducting these workers has never been worse. pending on the nature of the business surveys now for 35 years. With this pessimism, we should not and the business cycle. The non- The membership of that organization be surprised then that job losses for partisan Joint Committee on Taxation includes hundreds of thousands of small businesses have been growing has indicated that, for 2011, approxi- small businesses all across America. dramatically. The national employ- mately 3 percent of small business fil- You can find the survey on NFIB’s Web ment report recently released by Auto- ers will be hit by these proposed higher site www.nfib.org. I wish to encourage matic Data Processing shows 742,000 rates. These statistics compare to a every Member to check out this nonfarm private sector jobs were lost 2007 Treasury which showed 7 percent month’s survey, because I am going to from February to March 2009. Of those of flow-through business owners paying be referring to it with charts I have 742,000 lost jobs, 614,000 or 83 percent, the top rate. In the latest analysis, with me. were from small business. when the impact of the alternative The survey shows some extremely The President’s recent efforts to in- minimum tax is fully included, that disturbing trends on credit avail- crease lending to the small business percentage may drop some. ability. Small businesses depend on sector are commendable. The center- The second faulty assumption is that credit. Small businesses are getting piece of his small business plan will the level of small business activity, in- squeezed very hard. That chart is up allow the Federal Government to spend cluding employment, is proportionate now. As you can see, the chart shows up to $25 billion to purchase the small to the filer percentage. This is where the availability of loans has fallen off business loans that are now hindering the argument is hogwash. the cliff as late as 2007 and gets worse community banks and other lenders. According to NFIB survey data, 50 as you get into 2009. Unfortunately, that is only a drop in percent of owners of small businesses You see on the right side of the chart the bucket. that employ 20–249 workers would fall the sharp downturn evidencing the Remember that small business ac- in the top two brackets. You can see it lack of ability of small businesses to counts for about half of the private sec- right here on this chart. It shows what get loans. This credit crunch as well as tor. Moreover, the positives that will I am talking about. According to the other factors has contributed to the come to small businesses from this rel- Small Business Administration, about near record low in the NFIB’s index of atively small package of loans—which two-thirds of the Nation’s small busi- small business optimism. I wish to will ultimately and obviously have to ness workers are employed by small have you view this, something like we be paid back—will be heavily out- businesses with 20 to 500 employees. regularly view, the University of weighed by the negative impact of the Do we really want to raise taxes on Michigan’s monthly index on consumer President’s proposed tax increases. these small businesses that create new confidence. Helping small businesses get loans just jobs and employ two-thirds of all small The NFIB takes surveys regularly. to take that money back in the form of business workers? Of course, we don’t. This chart shows small business owners tax hikes is not helping the economy But that is exactly what the majority turning extremely pessimistic in the or small businesses. is going to do if they follow the Presi- last couple of years. You can see how The President’s budget proposes to dent’s lead. that has ‘‘downturned’’ very rapidly at raise the top two marginal rates from With these small businesses already the right end of the chart. What you 33 percent and 35 percent to 40 percent suffering from the credit crunch, do we see here is the attitude of decision- and 41 percent respectively, when PEP really think it’s wise to hit them with makers in small business of America, and Pease are fully reinstated. Presi- the double-whammy of a 20 percent in- the people who create the jobs. Those dent Obama’s marginal rate increase crease in their marginal tax rates? are the decisionmakers for the busi- would mean an approximately 20 per- Newly developed data from the Joint nesses that President Obama and we in cent marginal tax rate increase on Committee on Taxation demonstrates the Congress agree are most likely to small business owners in the top two that 55 percent of the tax from the grow or contract jobs. brackets. higher rates will be borne by small The pessimism evidenced by the Many of my friends on the other side business owners with income over chart is at its second lowest point in will say that while they agree that suc- $250,000. This is a conservative number, the 35-year survey. This data should cessful small businesses are vital to the because it doesn’t include flow-through concern every policymaker in this success of the U.S. economy, the mar- business owners making between body. As bad as the two sets of charts ginal tax increases for the top two $200,000 and $250,000 that will also be are, I have a worse picture. brackets will not have a significant hit with the budget’s proposed tax This chart shows the net increase or negative impact on small businesses. I hikes. decrease in small business hiring plans. take exception to that argument. They If the proponents of the marginal The survey asks the small business used Tax Policy Center data, and I rate increase on small business owners owner simply whether he or she plans want to show why that should not be agree that a 20 percent tax increase for to expand, on the one hand, or con- allowed. half of the small businesses that em- tract, on the other hand, employment Proponents of these tax increases ployee two-thirds of all small business over the next 3 months. seek to minimize their impact by refer- workers is not wise, then they should As you can see even more dramati- ring to Tax Policy Center data that in- either oppose these tax increases, or cally, look at the right-hand side of the dicate about 2 percent of small busi- present data that show a different re- chart here. If I said on those others to ness filers pay taxes in the top two sult for this group of people. the left hand, in each case I was talk- brackets. In testimony before the Sen- As we prepare for the conference on ing about the right. I do know the dif- ate Finance Committee, the liberal the budget resolution, the President

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10541 and the congressional Democratic lead- Clearly, I believed our President, when did. But when it comes to helping the ership have an opportunity to change he said he had those priorities. I view American people by stepping up to the course. They have an opportunity to this budget overall as being a boon to plate and addressing global warming revisit the tax heavy, spending heavy, small business and being a boon to the and, in the course of doing so, creating and debt heavy budget they have American people as we move forward millions of new jobs, no, they want to passed 2 weeks ago. Both budgets with investments that will create have a supermajority. would perpetuate the double whammy many jobs. Senator JOHANNS showed us he can of constricted credit on the one hand The reason I wanted this time in par- get the votes to pass that. I know he and high taxes on the other, directed at ticular was to kind of reargue an old will. That is why I am so grateful to America’s job creation engine—small argument we already had once before Senator STABENOW, who has said: OK, business. and that has come before us. Senator you want to say we won’t use reconcili- In the coming days, we Republicans JOHANNS wants to have another vote to ation. She is saying: We will, in fact, will try to persuade our Democratic say we won’t use the reconciliation keep the reserve fund in there for glob- friends who have all the controls of fis- process which, for people who don’t al warming so we can move it forward. cal policy to change course for the ben- know what that means, we won’t use a This reserve fund will allow us to in- efit of small business that we all agree process that we only need a majority vest in new jobs that will come about ought to be our first concern. One way to win. We are going to use the 60-vote by investments in clean energy tech- they can change course is to focus, like requirement to write and pass global nologies which will make us a a laser beam, on jump-starting the Na- warming legislation. healthier economy, energy inde- tion’s job engine—small business I know this is going to pass because pendent, and it will make us more se- America. We need an upturn in the it passed before. I think most Members cure because we will have to import small business optimism index that is believe if we can get 60 votes for cli- less foreign oil. We are going to see in- contrary to what this chart shows. We mate change legislation, fine. But I creases in energy efficiency which will need to reverse the direction of this have to say again, after reviewing the yield amazing benefits. That will help sharply downward sloping arrow. If we number of times the Republican Party us in the long run reduce energy costs. ignore this negative environment, we has used reconciliation since 1980, it We are going to use these funds to pro- are just kidding ourselves. We need to has been 13 times out of the 19 times tect consumers. This is what the Sta- change course and reverse this even that reconciliation has been used. I benow-Boxer-Brown-Lieberman-Cardin more sharply downward sloping hiring would say to people who might be lis- amendment is saying. We want to keep plan arrow. tening to this, to try to keep it as sim- that reserve fund in the budget so we That is where the President and Con- ple as possible: Reconciliation is used can move forward with climate change gress agree we need to get more job when there is a way to reduce the def- legislation. growth. As we take the final steps on icit. That is when it is used. You want I am looking forward to this mo- the budget, let’s match that budget to reduce the deficit so you say: There- ment. This is long overdue. We have with this reality fore, if you are reducing the deficit, we lost 8 years. But the kind of approach I yield the floor. will do it with just a majority vote in- we need is the kind of approach Sen- The PRESIDING OFFICER. The Sen- stead of a supermajority vote. That is ator STABENOW is envisioning. We can- ator from California. not afford to wait. Scientists are tell- Mrs. BOXER. Madam President, I lis- the thinking behind it. A cap-and-trade program, which ing us we are going to face rising sea tened to Senator GRASSLEY’s remarks, levels, droughts, floods, the loss of spe- and I have been in conference with many of us support in order to combat global warming, will give us the ability cies, spreading diseases. Our own folks who have read this budget line by health officials in the last administra- line. It is important for me to say to reduce the deficit. We know that be- cause that is what we were told last tion and this one have told us we have something as someone who represents to act. The Environmental Protection the largest State in the Union. As I year as we worked on the Boxer-Lieber- man-Warner bill. Much of the funds Agency has proposed an endangerment look at this budget and it is how one finding. looks at it—I see it as a boon to small went back to consumers to help them pay energy costs. But there was a seg- We are being told that our people are business. I don’t see one specific tax in- in danger if we do not enact global crease aimed at small business. Yes, if ment of funds that went straight into deficit reduction. But, no, my Repub- warming legislation. It is spelled out. an individual is over $250,000 a year, for Severe illnesses are going to crop up lican friends don’t want to look at all of us in that category, the tax as a result of organisms that will now that. Even though they used this 13 breaks will expire. But to say that all be living in warmer waters. small businesses are hit hard is an ar- times, they want to prohibit the use of To quote the EPA—and they talk gument that doesn’t hold up, in my reconciliation for global warming leg- about the heat waves and the mor- eyes. I have great respect for my islation. tality rate and the wildfires and the As I look back on the number of friend, and I know he has analyzed it drought and the flooding—this is what times Republicans have used reconcili- another way. But when I look at the they say. I will close with this quote. ation, in my view, it didn’t make life priorities of the new President and of They say: Global warming left un- any better for the American people. this Democratic Congress, what do I checked is a serious harm to our peo- This is what they used it for. They used see? ple. It is not a close case, they say. The it to cut health program block grants Here are the priorities. Investment in greenhouse gases that are responsible to our States. They used it to cut Med- energy, that is going to be great for for global warming endanger public icaid. They used it to cut food stamps. small business. Talk to my venture health and welfare within the meaning They used it to cut dairy price sup- capitalists. They are ready, willing, of the Clean Air Act. and able to make huge commitments ports. They used it to cut energy as- Madam President, I ask unanimous sistance. They used it to cut education to alternative forms of energy. Invest- consent to have printed in the RECORD ment in education, that is also going to grants. They used it to cut impact aid the EPA’s Proposed Endangerment be good for people who work in the edu- and title I compensatory education Finding. cation field. And health care, we know programs for disadvantaged children. There being no objection, the mate- that as we have more insurance out They used it to cut student loans. They rial was ordered to be printed in the there available for people, there will be used it to cut the Social Security min- RECORD, as follows: many jobs created and many small imum benefit. Our friends on the other EPA’S PROPOSED ENDANGERMENT FINDING businesses created around the delivery side were very happy to use the rec- The effects of climate change observed to of health care. onciliation process, which only re- date and projected to occur in the future—in- I guess the way one looks at this quired 51 votes, to hurt the American cluding but not limited to the increased like- budget depends on their point of view. people. That is what I think those cuts lihood of more frequent and intense heat

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10542 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 waves, more wildfires, degraded air quality, be voted on first; that upon disposition has been cancer free for a year, he more heavy downpours and flooding, in- of all motions, any remaining statu- can’t find affordable health insurance creased drought, greater sea level rise, more tory time be yielded back; and that the on his own. Insurance companies can intense storms, harm to water resources, conferee ratio be 2 to 1; provided fur- pick and choose the customers who are harm to agriculture, and harm to wildlife the good risks and leave the bad risks, and ecosystems—are effects on public health ther that the statutory time be consid- and welfare within the meaning of the Clean ered as having started running at 3 like Jake Walker, out in the cold. It Air Act. p.m. today, and that the time be isn’t Mrs. Walker who’s let her son This is not a close case in which the mag- charged equally to both sides. The mo- down. It’s the health care system. nitude of the harm is small and the prob- tions in order are Johanns, cap and This is not going to be fixed by a ability great, or the magnitude large and the trade; Stabenow, cap and trade, which piecemeal approach to health care re- probability small. In both magnitude and is a side by side; Gregg, no debt in- form that tackles one part of the sys- probability, climate change is an enormous tem or another and produces incre- problem. The greenhouse gases that are re- crease; Sessions, nondefense, non- veterans spending freeze; Ensign, point mental change for perhaps a short pe- sponsible for it endanger public health and riod of time. What is needed is trans- welfare within the meaning of the Clean Air of order relative to raising taxes; Cor- Act. nyn, taxes; Alexander, competitive stu- formational change. I believe Demo- Severe heat waves are projected to inten- dent loans; Coburn, budget line by line; crats and Republicans in the Senate sify in magnitude and duration over the por- DeMint, health care, that no point of are committed to that objective. I think there is a growing recogni- tions of the U.S. where these events already order be in order to this motion; Vit- tion that both parties have had a valid occur, with likely increases in mortality and ter, oil and gas tax. morbidity. The populations most sensitive to The PRESIDING OFFICER. Is there point. Democrats, in my view, are cor- hot temperatures are older adults, the chron- rect that you cannot fix health care objection? ically sick, the very young, city-dwellers, unless you cover everybody because those taking medications . . ., the mentally Without objection, it is so ordered. The Senator from Oregon. without full coverage you cannot orga- ill, those lacking access to air conditioning, nize the market. There is too much those working or playing outdoors, and the Mr. WYDEN. Madam President, socially isolated. Chairman CONRAD has emphasized how cost-shifting. There is no emphasis on prevention. You have to get all Ameri- Mrs. BOXER. I say to my friends and important it will be to tackle the cans good quality, affordable care. Re- my colleagues who are listening to this major issues—health care reform and publicans have valid points, in my debate, vote for the Stabenow motion climate change—in a bipartisan way. I view, as well. You should not just turn to instruct. It is an important motion. wish to spend a few minutes first ex- everything over to the Government and It will keep the reserve fund and will pressing my support for that position and urging that the conference on the say that is the answer. allow us to move forward and attack What is really needed for trans- budget proceed expeditiously because this serious problem of global warming formational change is containing the then the heavy lifting in the Senate that has gone unaddressed for too long. costs. The Congressional Budget Office, will begin. Madam President, I yield the floor. last May, said that for the amount of For example, for American health The PRESIDING OFFICER. The ma- money America is spending today on care, what is needed is nothing short of jority leader is recognized. health care, all Americans in a couple a transformation of our system. Amer- f years could have good quality, afford- ican health care is simply broken. Med- able coverage like their Members of CONGRESSIONAL BUDGET FOR ical costs are gobbling up everything in THE UNITED STATES GOVERN- Congress. That is what the Congres- sight. Middle-class people know their sional Budget Office said when it MENT FOR FISCAL YEAR 2010 paychecks are not going up, and the Mr. REID. Madam President, I ask looked at one approach to dealing with prime reason is because medical costs health costs. the Chair to lay before the Senate a take away all of what would otherwise I am very confident, under the lead- message from the House on S. Con. be a wage increase. ership of Chairman BAUCUS and Chair- Res. 13, the concurrent budget resolu- Our newspapers report daily that man KENNEDY, that they will have a lot tion. Americans are being laid off at their of support for transformational change The PRESIDING OFFICER laid be- jobs. They lose their health benefits. so we make sure all Americans have fore the Senate the following message What we see again and again is a spiral access to good quality, affordable from the House of Representatives: of tragedy, as they simply lurch from choices, and they get rewarded when Resolved, That the House insist upon its one effort to another to try to find they take sensible steps, for example, amendment to the resolution (S. Con. Res. health care and cannot get it. in preventive health care and wellness 13) entitled ‘‘Concurrent resolution setting For example, on Tuesday, the New and shop carefully for health care cov- forth the congressional budget for the United York Times published a front page States Government for fiscal year 2010, revis- erage. ing the appropriate budgetary levels for fis- story titled, ‘‘No Job and Soon No Ben- Today, if you are lucky enough to cal year 2009, and setting forth the appro- efits, Race to Help Son Stay Cancer have health care coverage, you do not priate budgetary levels for fiscal years 2011 Free.’’ Dana Walker of Humble, Texas, get any choice at most employers. through 2014.’’, and ask a conference with the was laid off from her job at DHL leav- That is not the way it is for Members Senate on the disagreeing votes of the two ing her and her family without health of Congress. So why don’t we agree, Houses thereon. insurance. Her son Jake is just 21 years Democrats and Republicans, after we Mr. REID. Madam President, the fol- old and is a cancer survivor. Now unin- get this budget conference put to- lowing request has been approved by sured, the Walkers have had to defer gether, that we are going to make sure Senator GREGG and the Republican their own care, pay up front for Jake’s all Americans get good quality, afford- leadership. care, and have essentially been refused able choices like Members of Congress I ask unanimous consent that the care at the hospital that specializes in have? Then let’s start rewarding them. Senate disagree to the amendment of care. In the article, Mrs. Walker said, Let’s reward them for sensible preven- the House, agree to the request for a ‘‘Your job as a parent is to protect tion. For example, the Safeway Cor- conference on the disagreeing votes of your children at any cost. I really feel poration has been doing that for some the two Houses, and that the Chair be like I had let him down.’’ time. I would like to say that seniors authorized to appoint conferees; that I don’t believe Mrs. Walker has let who lower their blood pressure and prior to the Chair appointing conferees, her son down. She’s doing all she can. lower their cholesterol would get re- the following motions to instruct the In the individual market health insur- duced Part B premiums. That is the conferees be in order; and that a major- ers can discriminate on the basis of outpatient portion of the Medicare pro- ity side-by-side motion to instruct be age, gender, family size, geography, gram. But these are areas where Demo- in order to any Republican motion to health status and pre-existing condi- crats and Republicans can come to- instruct and that the majority motion tions like cancer. Even though Jake gether.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10543 There has been considerable discus- we can help people who have coverage. the Congressional Budget Office, with sion on the Senate floor about the idea They have been described by some as other policymakers, has put together a of reconciliation for tackling health the contentedly covered Americans. I bipartisan health care plan. It is the care. I think Chairman CONRAD is abso- think what we ought to say for those only one of significance I know of that lutely right in his approach. folks, Democrats and Republicans, is, has broad-based bipartisan support. He I will say there have been many of us let’s let them keep the coverage they deserves all of our thanks for the ef- on both the Democratic and Repub- have. Let’s make sure they are forts he has extended. I once again lican side, as we have looked to health wealthier in the new system because thank the Senator for his leadership in care, who want to make the issue of they get rewarded when they engage in the committee, on the floor, in the reconciliation irrelevant. We want to those preventive practices or make a Senate, and for the seriousness of pur- make the issue of reconciliation irrele- good purchase. Let’s make sure they pose he has brought to the task. vant because we are hoping to bring are healthier in the new system. Chair- The PRESIDING OFFICER. The Sen- enough Democrats and Republicans to- man CONRAD is here and has talked ator from Alabama is recognized. gether so we will have 70 or more Sen- about improvements, for example, in Mr. SESSIONS. Madam President, ators gathered to fix the health care chronic care, which is certainly part of while I agree with Senator CONRAD system. making Americans healthier. that Senator WYDEN has worked hard These issues, ultimately, in my view, Finally, let’s make sure that if they on this and he is raising some impor- are not ones that automatically leave their job or their job leaves them, tant issues, I am very worried about produce a partisan divide. The private as I have touched on, they are going to where we may be heading in the realm insurance system is also broken. It is have a safety net of affordable cov- of health care. I have been impressed about cherry-picking. erage. with Senator WYDEN’s efforts to create Madam President, how much time do Each and every one of those points I something that could result in bipar- I have remaining? have talked about is an issue on which tisan agreement. I don’t know where The PRESIDING OFFICER. Five Democrats and Republicans can come we are headed, but I respect him great- minutes 31 seconds. together. I hope the Senate will follow ly for his efforts. Mr. WYDEN. For the remainder of Chairman CONRAD’s advice about pro- MOTION TO INSTRUCT my time, Madam President, let me tick ceeding expeditiously. I think there are Madam President, I ask unanimous off a number of other areas where many Members of the Senate who want consent to call up my motion to in- Democrats and Republicans on this to tackle these big issues—climate struct conferees. health care issue can come together for change and health care—in a manner The PRESIDING OFFICER. Without transformative change. that makes reconciliation irrelevant objection, it is so ordered. Today’s private insurance model is because we have brought together the The clerk will report. also broken. It is all about cherry-pick- kind of broad majorities that I think The legislative clerk read as follows: ing. It is about taking healthy people are particularly within the grasp of the The Senator from Alabama Mr. SESSIONS and sending sick people over to Gov- Senate on this issue of reforming moves that the managers on the part of the ernment programs more fragile than health care. I look forward to working Senate at the conference on the disagreeing they are. So what Democrats and Re- with colleagues on both sides of the votes of the two Houses on the concurrent publicans want to do—again, in the resolution S. Con. Res. 13 (the current reso- aisle for exactly that kind of trans- lution on the budget for fiscal year 2010) be name of transformative change—is we formative policy to better meet the instructed to insist that the conference re- want to say that the companies are needs of the American people. port on the concurrent resolution shall going to have to take all comers. We With that, Madam President, I yield freeze non-defense and non-veterans funding understand that is a key part of health the floor. for 2 years, and limit the growth of non-de- care reform. The PRESIDING OFFICER. The Sen- fense and non-veterans funding to 1% annu- But we are going to put them all on ator from North Dakota. ally for fiscal years 2012, 2013 and 2014. equal footing. There are not going to Mr. CONRAD. Madam President, just Mr. SESSIONS. Madam President, be any price controls or big Federal briefly, I want to thank Senator the budget resolution is on the floor regulatory systems. But everybody is WYDEN for his leadership. He is really now, and I believe we ought to talk going to be part of a big group so we an outstanding member of the Budget about it and be honest with ourselves contain costs as part of a big pool. We Committee. No one—no one—has spent about it. I will speak as one Senator. I will reward prevention and wellness, more time on health care reform and know it passed this Senate. I don’t which, of course, is not done today. tax reform than the Senator from Or- think any Republican voted for it. This is where I think it will be possible egon. No one has reached across the Maybe a couple of Democrats voted for firms in the health care area to party divide more assiduously than against it, but it passed with extra both do good and do well by offering Senator WYDEN. I very much appre- votes to spare. better service to our people. ciate his contributions to the com- I would say—and I hate to say it, but Other areas of transformative health mittee and to the Senate and espe- I will repeat what I have said before: I care reform: The issue of portability cially to a thoughtful debate and dis- believe this is the most irresponsible and making sure our people can take cussion of the key issues facing the budget in the history of this Republic. their health care coverage with them country. It surges debt to a degree to which we so they do not lose their coverage when One of the things that is so striking have never seen before, not because it they lose their job or they wish to on health care is that we are spending assumes we are going to be in long- leave their job. That is what happens about 18 percent of our gross domestic term economic turmoil—they assume today. Of course, much of the health product on health care. And some are we are going to have economic growth care system does not offer that kind of saying: Well, we have to spend another roaring back in a year or two and that portability because it is built around $1 trillion to $1.5 trillion. It strikes revenues will be surging in to the Gov- what happened in the 1940s, when some- some of us as improbable that when we ernment. The debt and deficit we are body started working and stayed put are spending $1 in every $6 in our econ- incurring is a direct result of massive for 25 years, until you gave them a gold omy on health care—about twice as spending—an alteration, I believe, by watch. Well, today the typical worker much proportionately as any other all accounts of an historic concept that changes their job 11 times by the time country in the world—that the answer Americans have of limited government, they are 40. We need portable coverage. is to spend another $1 trillion to $1.5 lower taxes, and a vibrant private sec- Democrats and Republicans can work trillion. tor. We have always objected to the together on that. Senator WYDEN, through really years Europeans and their more socialist I want to close, again in the name of of effort—and I mean years—working model. We have consistently, year after bipartisanship, by talking about how week after week with the Director of year, had greater growth than they

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10544 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 have had, lower unemployment than deficit in the Republic since World War Most of my colleagues know the rule they have had, and we have been proud II. Here we go back to the end of the of seven: A 7-percent growth rate dou- of that. quarter, at 6 months from October, bles your money in 10 years. So this Of course, both Europe and the through March, it is now $953 billion, proposal puts us on a track to double United States are in trouble today. I already twice what last year’s numbers the spending for discretionary, non- was rather mortified when the Euro- were. So we are on track this year to defense spending in 10 years. It is an pean leaders told our President and our see an annual deficit of $1.8 to $1.9 tril- unsustainable track. Secretary of the Treasury that no, lion. That is unbelievable. I propose this: In light of this stim- they were not going to spend like the I ask my colleagues, does it get bet- ulus package—the largest single appro- United States; no, they believe we are ter? Not under the President’s budget. priation of money in the history of incurring too much debt and they were Under the President’s budget, in the America that we passed, and every not going to follow us; and the Presi- outyears, the numbers continue to go penny going to the debt; all $800 billion dent of the European Union said our fi- up, and in the tenth year, his budget of it has to be borrowed so we can nancial proposals were the road to hell. projects a deficit of $1.2 trillion. Over spend it. In light of that, we ought to That is what he said about them. 10 years, his budget deficit will average be able to keep the baseline budget flat Let me share a few things before we over $900 billion each year. Again, this for 2 years and show a modest increase get started on the specifics of the mo- is not projecting a war; it is projecting of 1 percent over the next 3 years. This tion to instruct. This is what the Presi- a decline in defense spending for mili- will make a difference. It will save us dent’s budget called for. He submitted tary activities around the globe. It is $173 billion. It will give us—it will start a 10-year budget, and this is not some- projecting solid, even robust economic us on a process of having a baseline thing, let me add, that he was forced to growth. The deficits are caused by spending level for this country at a spending. I am so disappointed we do. This budget represents the Presi- more frugal rate. Most States are hav- haven’t done a better job of controlling dent’s, the administration’s, and now, I ing to cut. Most cities are showing re- guess, this Senate’s fundamental view it. I know the Senate budget is a 5-year ductions, 3.56 percent, some more than that we need to spend, spend, spend budget. That is what they think is that, all over the country. They are not more than we ever have in history and going to look a little better than the disappearing from the face of the not be too much worried about the President’s 10-year budget, but accord- Earth. It is not impossible to cut debt. ing to the Republican staff, they did an spending, but this doesn’t propose any So under the present state of affairs, analysis of it and it is essentially the cut. It proposes 2 years of flat spend- in 2008 the debt of the United States, same over the first 5 years. In fact, Mr. ing—but remember, we added $800 bil- from the founding of the Republic over Orszag, of the President’s Office of lion on top of it; and then for 3 years, 200 years, totaled $5.8 trillion—a lot of Management and Budget, who used to a 1-percent increase. This will make a money. We paid on that $170 billion in be the Director at CBO, said publicly it difference. In over 10 or 15 years, it will interest in 2008. That is how much in- was 98 percent of what the President have an even bigger impact than we terest we paid. We spent less than $100 wanted. This chart shows that in dis- might think. billion on education and $40 billion on cretionary outlays it is 98.8 percent I urge my colleagues to consider this. highways. This year we paid $170 bil- identical to the President’s 5 years; on We ought to show some restraint. Ev- lion on interest on our debt. But, with- total outlays, it is 96.6 percent iden- erybody is saying, Well, we will worry in 5 years, according to the President’s tical; and the revenue they project is about that tomorrow. We have a crisis own budget numbers we will double 99.8 percent identical. today, and we are going to spend today, that debt to $11.8 trillion in 5 years, What can we do about it? There are a and we will worry about the debt later. and in 10 years, the debt will triple to lot of things we can do. The most dif- But it is time for us to stand up and be $17.3 trillion. The young people who are ficult—and our chairman, Senator CON- counted, I believe. I think my amend- coming out of school today and begin- RAD, and the ranking member, Senator ment is modest, I think it is respon- ning to work, how much interest will GREGG, have made some steps toward sible, but I think it is significant. I they be required to pay on that 10 dealing with the crisis in entitlements. urge my colleagues to consider this years from now? Not $170 billion, but They are growing at a rapid pace and motion to instruct. according to our own Congressional we have to do something about it. This I appreciate the opportunity to speak Budget Office that scored this care- budget assumes no reform on entitle- on it. I appreciate those who worked on fully—and they are under the control ments whatsoever, but maybe they will this budget, but I have to say, it should of the Democratic majority, but they be able to make something happen. I not become law. It is a bad mistake for are a nonpartisan group, and I respect would like to see us project some sav- this country to do it. I urge my col- what they do—they calculate we will ings in that, but it is not shown in this leagues to not go forward with a lock- pay $806 billion in interest, over ten budget. step movement to vote for this budget. times what we are spending today on So the motion to instruct I have I don’t think the American people are the education expenditures of the Fed- filed, and that at some point we will be at all happy with it. I believe they eral Government, and many times the voting on, would say we ought to begin know we are doing something funda- $40 billion we spend on highways this to establish some sense of fiscal re- mental to this country—and that was a year. sponsibility by containing the growth big part of some of the tea party talk— I would say this is a stunning devel- in discretionary, nondefense, non- a deep angst out there that something opment. I am worried about it. I think veteran spending. This can be done. It is happening to their country that is every American should be worried is particularly easy to do so this year unprecedented. about it. Are those projections off because we, a few months ago—a few I appreciate my colleagues’ attention base? I have the numbers; they just re- weeks ago, really—passed an $800 bil- to this motion to instruct and I urge leased the numbers for this year. Re- lion stimulus package, on top of our their support for it. member, last year was the biggest def- base budget. So I would have thought, I yield the floor. icit this Nation has had since World when we did our baseline budget this The PRESIDING OFFICER. The Sen- War II—$455 billion. We need to be year, knowing we had pumped in $800 ator from North Dakota. working that annual deficit down. billion over the next 2 years to try to Mr. CONRAD. Madam President, I Look: In October, the first month, we stimulate the economy, that we would thank the Senator for his remarks. I hit $134 billion; by January—4 have a frugal baseline budget. Not so. disagree with them, but I respect them. months—we were at $563 billion this In fact, according to the budget that is They are deeply held on the part of fiscal year. That is this fiscal year. By on the floor, I believe, it shows a 7-per- Senator SESSIONS, who is an important January of this year, in 4 months, $563 cent increase in baseline discretionary, member of the Senate Budget Com- billion in deficit represents the largest nondefense spending. mittee.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10545 Let’s review the record, because I that same philosophy prevailed. It put Madam President, where are the in- have heard some things here today this country into the worst depression creases that are in this budget, the 2.5 that are a bit of rewriting of history. in the economic history of our country. percent, on average, increase in non- How did we get in this ditch? This All I can say is, no thanks. My vote defense discretionary spending? I have wasn’t the Obama administration’s is no on going back to Hoover econom- already shown that we are taking both doing. The Obama administration has ics. defense spending and nondefense spend- been in office less than 100 days. They I say to my colleague, Senator ing down as a share of the national in- inherited this colossal mess. Who did GREGG, who recognizes that Hoover ec- come. But where are the increases, as they inherit it from? They inherited it onomics is not the answer, this is the modest as they are? from the previous administration, statement he made: In overall discretionary spending, the aided and abetted by what was for 6 I am willing to accept the short-term def- biggest increase is in defense, which is years solid Republican majorities in icit number and not debate it, because we 37 percent. Why? Because this Presi- are in a recession, and it’s necessary for the the House and the Senate. And what Government to step in and be aggressive, and dent and this budget were honest about was the record they produced? Not pro- the Government is the last source of liquid- war spending, unlike the previous ad- jections in the sweet bye-and-bye of ity. And so you can argue that this number, ministration, which played hide the what the new President’s budget might although horribly large, is something we will ball and acted as though the war do. We can look back and see what simply have to live with. wasn’t going to cost anything. their policies actually did. And what Senator GREGG said much the same I am not overstating because for sev- did they do? Well, on spending, it is in- thing today. Of course, he is right. eral years in a row the previous admin- teresting to see the crocodile tears Look, nobody is more of a deficit hawk, istration, even though we were at war, now, but when they had a chance, they I don’t think, in this place than I am. said the war in their budget was going doubled the spending of the country. But I understand in the short term, to cost nothing. Let me repeat that. That is a fact. They doubled it. when your economy is collapsing, defi- The previous administration, even Much more than that, they took the cits and debt will grow. That is nec- after the war in Iraq had begun, deficit to unprecedented levels. essary because only the Government claimed in their budget submissions This is the deficit record of the pre- can provide the liquidity to prevent a that the war was going to cost noth- vious administration. What you see is complete collapse. But over time, it is ing—nothing. What an amazing thing. an ocean of red ink. The black is the absolutely essential that we pivot and It wasn’t true. previous administration. The Clinton go back to a more sustainable fiscal This President came in and said: No, administration balanced the budget course. That is what this budget begins we are going to write a new chapter. and stopped raiding the Social Security to do. We are at war, and we are going to put trust fund. The Bush administration For example, on domestic discre- the war cost in the budget. So in the came in and ran up the deficit to tionary spending, we take it from 4.3 modest increases here, 37 percent of record levels, put the economy in the percent of GDP in 2010 down to 3.2 per- them are defense; 14 percent is in inter- cent in 2014. We are stepping down dis- ditch, and then left town. They said to national. That is also something hid- cretionary spending in each and every the Obama administration: Good luck. den in the previous administration. year, measured as a share of our na- This is what happened to the debt They kept presenting what they called tional economy. That is what econo- under the Bush administration. Not ‘‘supplemental’’ budgets after their mists say is the right way to measure. only did they double spending, they regular budget to hide the full cost of I could show it in dollar terms, but more than doubled the debt of the their involvement overseas. that doesn’t take into account infla- country, and that was at a time when The next largest increase in the mod- tion. This does. the economy was relatively good. What When I hear this talk about this est overall increases we have is for vet- a tragic record. What a legacy they being a big-spending budget, please, I erans; 10 percent of the increases is for have left for this country—a legacy of don’t know what budget they are talk- our Nation’s veterans. Why? Because debt, deficits, and decline—the three ing about. They are not talking about they deserve the best care we can pro- Ds. And they are the Ds that belong the budget that passed the Senate be- vide. We have the largest dollar in- and describe the record of the previous cause the budget that passed the Sen- crease for veterans health care in this administration. ate increases nondefense discretionary budget than in any budget that has What did President Obama inherit? spending, on average, per year, by 2.5 been presented. I am proud of that be- Record deficits, the more than dou- percent. That is not a big spending cause we are keeping faith with our bling of the national debt, the worse budget. Nation’s veterans. recession since the Great Depression, Let’s look at the defense side as well Ten percent of the increase is for the financial markets and housing because in 2010 defense spending under education, and 10 percent is for income markets in crisis, almost 4 million jobs this budget is 4.8 percent of GDP. Over security. That is because we are in a lost in the last 6 months alone, and war 5 years, we step it down to 3.7 percent deep recession. That means people are in Iraq and Afghanistan. My goodness, of GDP almost the exact same trajec- out of work, and if we are going to pro- what a mess he was left to try to clean tory as nondefense discretionary spend- vide unemployment benefits to keep up. ing that we are taking from 4.7 percent them from losing their homes and Senator GREGG has made it very of GDP in 2010 down to 3.6 percent in being out on the street and not being clear—and he is right—that we have a 2014. So it is one thing to come out and able to feed their families, we provide need to increase the short-term deficit, make a claim, it is another thing to unemployment benefits. That costs unless we want to return to Hoover ec- prove it. Everybody has a right to their money, and that is in the budget. onomics, which put this country in a own opinion, but they don’t have a Eight percent is for the census. We depression and, unfortunately, that is right to their own facts. only do the census once every 10 years, exactly what I heard in the previous These are the facts of the budget be- but we have to pay for it. It is in the speech—a desire to return to Hoover fore us. This is a tough and fiscally re- budget. Six percent is for natural re- economics. The markets will correct sponsible budget that increases non- sources and the environment. Three themselves; the Government doesn’t defense discretionary spending, on av- percent is for transportation, and 2 per- have to do anything. We can just sit by erage, by 2.5 percent a year. Measured cent is for other items. and watch the whole thing collapse. against the share of the economy, we The overall context of this budget, I That was the philosophy of the last are taking both defense spending and want to make clear—the deficit, in dol- administration. We can see what hap- nondefense discretionary spending lar terms, is being reduced from $1.7 pened. It was a tragic mistake. We can down as a share of our national income trillion this year, and this year’s budg- go back further in history and see what to the lowest level it has been in many et is almost totally the responsibility happened in the 1920s and 1930s when years. of the previous President because he

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10546 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 set in place the policies that the new Mr. CONRAD. Madam President, I This should be a relatively easy mo- administration inherits. We stepped will take this moment to ask those tion for our colleagues to support be- down the deficit, very dramatically, by Senators who have motions to instruct cause it simply instructs the conferees more than $500 billion from 2009 to 2010, to please come to the floor. We have to support a position that the entire by more than $300 billion from 2010 to had Senator JOHANNS offers his, and Senate adopted unanimously. That pro- 2011, by another $300 billion from 2011 Senator SESSIONS offer his. We have vision during our budget debate was to to 2012, and then more modestly there- other Senators—Senator ENSIGN, Sen- accept the position of maintaining a after, so that we are reducing the def- ator CORNYN, Senator ALEXANDER, Sen- competitive student loan program that icit over the 5 years of this budget by ator COBURN, Senator DEMINT, and provides students and institutions of two-thirds. Measured as a share of the Senator VITTER. It would be very help- higher education with a comprehensive gross domestic product—which, again, ful if those Senators would come and choice of loan products and services. economists say is the best way to be prepared to offer their motions so I ask the Chair if she will let me measure—the deficit is reduced by we do not unduly take the time of the know when I have 2 minutes remain- more than three-quarters, from 12.2 Senate in quorum calls, especially on a ing. percent of GDP to less than 3 percent day in which we are going to have 9 or The PRESIDING OFFICER. The Sen- of GDP in 2014. So over the 5 years, we 10 votes. We know we can only do ator will be notified. are reducing the deficit by three-quar- about three votes an hour. That means Mr. ALEXANDER. I thank the Chair. ters. three hours of voting when we get Madam President, there are three One other point I want to make is started on voting. So it is already reasons in support of maintaining a that the previous administration—not going to be a late night. It would be competitive student loan system. The only did they more than double the very helpful and considerate to our col- first is that 12 million students rely on debt and double spending, they tripled leagues if those who have motions to it today in New Hampshire, in Ten- foreign holdings of U.S. debt. It took instruct would come to the floor and nessee, in North Dakota—all across our 224 years and 42 Presidents to run up $1 offer their motions. country. trillion of U.S. debt held abroad. The I yield the floor and suggest the ab- Second is that now is not the time to previous President alone tripled that sence of a quorum. be creating a new half-trillion-dollar amount. You talk about a legacy of The PRESIDING OFFICER. The national bank that would run up the debt, you talk about a legacy of weak- clerk will call the roll. debt, a bank that would replace 2,000 ening the country, that is it. The assistant legislative clerk pro- private lenders, and make $75 billion in Madam President, I don’t mind hear- ceeded to call the roll. new loans a year. That is not a proper ing criticism of the budget we have Mr. GREGG. Madam President, I ask function of the U.S. Department of proposed. Is it a perfect document? No. unanimous consent that the order for Education. Do we have to do much more, espe- the quorum call be rescinded. And third, the cost savings that is al- cially in the next 5 years? Absolutely. The PRESIDING OFFICER. Without leged is—and I will be gentle in my But this budget is a good and respon- objection, it is so ordered. words—a trick on students to make sible beginning. If our budget is so bad, Mr. GREGG. Madam President, I ask Congressmen look good. why haven’t they offered an alter- unanimous consent that the next two What we are going to be doing if we native? If our budget is as irresponsible speakers on our side to be recognized— do not preserve this choice is saying to as they claim, why did they not offer and, of course, there be an alternative all the students who get a loan that we an alternative? speaker possibly from the Democratic are going to take money from them Well, I think we know the reason. side—the next two speakers on our side and then give it to other students so They didn’t want to have to be held re- are Senator VITTER for 10 minutes and that Congressmen can go home and sponsible for the tough choices of pre- then Senator ALEXANDER for 10 min- brag that he or she has increased the senting a budget. So talk is cheap utes to talk about their motions to in- amount of the Pell grants. Let me be around here. This budget upholds the struct. specific in what I say. President’s fundamental priorities of The PRESIDING OFFICER. Without I was the U.S. Secretary of Education reducing our dependence on foreign oil, objection, it is so ordered. in 1991 and 1992 when we created some- a focus on excellence in education, and Mr. GREGG. Madam President, I also thing called the Direct Loan Program. fundamental health care reform be- ask unanimous consent that after Sen- We have a federal student loan pro- cause that is the 800-pound gorilla that ator ALEXANDER, Senator COBURN be gram. Most people who go to college can swamp this boat. Without such re- recognized to talk about his motion to are familiar with it. About two-thirds form, we are headed on a course in instruct. of the students at our 6,000 different in- health care that is totally and com- The PRESIDING OFFICER. Without stitutions from the University of New pletely unsustainable. Finally, we are objection, it is so ordered. Hampshire to the Nashville Auto Die- dramatically reducing the deficit over Mr. GREGG. I suggest the absence of sel College to Harvard to San Fran- the next 5 years. Those are the priorities the President a quorum. cisco State have a Federal grant or a The PRESIDING OFFICER. The asked us to preserve. We have done it loan. When you get a student loan, you clerk will call the roll. in the budget. The President supports take it to the institution of your The assistant legislative clerk pro- it. He is right to do so. Let’s remember choice. ceeded to call the roll. this President did not create this mess; We now have 2,000 lenders who help Mr. ALEXANDER. Madam President, he inherited it. He has been asked to provide all those different kinds of I ask unanimous consent that the order clean it up. I am proud of the aggres- loans. They give financial aid coun- for the quorum call be rescinded. sive actions he has taken to try to get seling, they give interest rate deduc- The PRESIDING OFFICER. Without tions, they help students and families us on a better course. objection, it is so ordered. I yield the floor and suggest the ab- plan on how to pay for college. In other sence of a quorum. MOTION TO INSTRUCT words, they service the loans and then The PRESIDING OFFICER. The Mr. ALEXANDER. Madam President, the Government supports that by guar- clerk will call the roll. I wish to speak on behalf of a motion anteeing almost all of the loans. The assistant legislative clerk pro- to instruct the conferees, which I have We set up a separate program which ceeded to call the roll. here. Do I need to send this to the we called direct lending. That was, you Mr. CONRAD. Madam President, I desk? could come straight to the Government ask unanimous consent that the order Mr. GREGG. Not yet. to get your loan. In other words, we for the quorum call be rescinded. Mr. ALEXANDER. I will speak on be- created a government bank run by the The PRESIDING OFFICER. Without half of it and send it at the appropriate Department of Education. We said to objection, it is so ordered. time. the students and to the institutions:

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10547 You make the choice. You may either will tell you that the Department of ment of Education to get 15 million have a private student loan guaranteed Education is not going to know more, loans every year. That is not right. It by the Government through your local is not going to be able to replace 2,000 is not the way our country ought to bank or financial institution, or you lenders at a cheaper cost. That simply work. So the first is to preserve choice may come to the U.S. Department of is not going to work. That is what for the 15 million students who now Education to get your loan. common sense would tell you. have it at 4,400 institutions. We have had more than 15 years of The Congressional Budget Office has The second reason is, let’s not be cre- experience with that now, and what told us that in order for the Depart- ating another nationalized asset in have the students and institutions ment of Education to administer these America. We need to be thinking of said? Three out of four say we like the loans, it would cost about $28 billion ways of getting the Government out of regular student loan program, we like over the next 10 years. That is the com- the private sector. I mean, this reces- the choice, we like the private lender. putation I have made. They estimate sion is not for the purpose of the Gov- Since we are getting the loan, we like that the cost of administering the cur- ernment taking over every auto com- the idea of going to a bank to get a rent Direct Loan Program is about $700 pany, every bank, all the student loan because that is what banks do. If million a year. So if they did them all, loans, and every business that is in you want a car, you go to a car dealer. that would be at least $2.8 billion a trouble. We need to be thinking of That may be changing. You may have year. ways of going the other direction. That to go to the Department of Treasury to Conservatively speaking, you don’t is the America we know. That is the get a loan the way the country is have $94 billion in savings; you have 94 America we want. So we don’t need a going. For 15, 16 years we market test- minus 28. So you have around 66. So new national bank. ed this and so we have that direct loan you have $66 billion that goes some- Arne Duncan is the new Secretary of program. where out to banks, maybe to reduce Education. I think he is the President’s The situation right now is we have 12 loans, maybe to reduce interest rates, best appointee. He ought to be working million students at 4,400 different insti- maybe to administer the loan program. on paying teachers more for teaching tutions getting $52 billion in loans by But the bottom line is, if the Govern- well, creating more charter schools, their choice from banks instead of from ment takes this program over, it is helping states create higher standards. the Government. One-fourth get it going to be borrowing money at one- That is his agenda. I don’t think he from the Government. It has been that half of 1 percent and loaning it out to came from Chicago to Washington to way for a long time. 15 million students at 6.8 percent. Bor- be named banker of the year, which is What the President’s proposal wants rowing at one-half of 1 percent and what he would be doing if he became a to do is to take all those choices away loaning it out at 6.8. On every student national bank president for student from the students and say: Line up out- loan—and I hope all 15 million students loans. That is what this proposal would side the Department of Education to listen to this—your friendly Govern- do unless the Senate sticks to its posi- get your student loan, all 15 million of ment is going to take back 6.5 percent tion. you. There will be 4,400 institutions of the 6.8 percent interest you are pay- Finally, I don’t want to be a part of and 12 million students who may not ing. What is it going to do? The Con- any situation which has Congressmen like that. gressman or Congresswoman can go and Senators playing a trick on 15 mil- Second point. Is a national bank a home to Tennessee or wherever and lion students and saying: I am going to good idea? We read in the paper that say: I increased Pell grants. But they borrow money at a quarter of 1 percent the Government is going to take stocks won’t tell you: I took money from this and loan it to you at 6.8, and then I am in the biggest banks. So we are going student to give it to that student. That going to take credit for giving the rest to nationalize the banks. Then we read is not the way to do it. of it away. I think that will come home in the paper the Government is going What we should do, if that spread is to roost, and it ought to come home to to take stock in General Motors and too high right now, is let’s cut it roost. Chrysler—hopefully that is not true— down— I appreciate the opportunity to make so we are going to have the Govern- The PRESIDING OFFICER. The Sen- this motion to instruct, and I hope it ment deciding what kind of car we are ator has 2 minutes remaining. will come to a vote. I hope it has the going to be making, what kind of Mr. ALEXANDER.—if the savings is kind of bipartisan support it had be- plants we will have, where the plants estimated at $90 billion. We know it is fore. I hope the President will think of are going to be. I cannot think of a closer to 60. Maybe it is 20, maybe it is all the other things there are to do worse organization to do that. 30, maybe it is 35. Maybe we should that need attention, such as fixing the This is a proposal to say: All right, lower the interest rate to 3 or 4 percent banks, getting credit flowing, restoring now the Government is going to be or 5 percent or whatever is the appro- the auto companies, and leave the stu- your bank. It is going to be the bank priate rate. But that does not justify dent loan system to continue to work for your student loans. We are going to creating a national bank in the Depart- in the way it should work. create a new national bank. It would ment of Education to try to handle 15 The PRESIDING OFFICER. The Sen- have over a half trillion dollars in out- million loans. ator from New Hampshire. standing student loans. It would make So my argument, Madam President, Mr. GREGG. If the Senator will 15 million student loans every year, $75 is this: There are colleagues on both yield, I would suggest that he send his billion in loans a year. We will run all sides of the aisle—and there are a num- motion to the desk at this time and set this out of the U.S. Department of Edu- ber of Democrats—who strongly sup- aside the pending motion. cation, a wonderful Department. I was port the idea of competition and choice Mr. ALEXANDER. Madam President, myself there for 2 years. But what do in higher education. That is why we I send to the desk my motion to in- we know about being a national bank? have the best higher education system struct conferees. The PRESIDING OFFICER. Without Not very much. Andrew Jackson would in the world. We have competition and objection, the pending motion is set roll over in his grave about the idea of choice all the way through it. The aside. The clerk will report the motion a national bank of this size. grants and the loans don’t go to col- My final point. This proposal, with leges; they go to the students, and the to instruct. The assistant legislative clerk read all due respect, is a trick on students students choose the college. They can as follows: to make Congressmen look good, and go to Nashville Auto Diesel College if The Senator from Tennessee [Mr. ALEX- here is why. they want or they can go to Harvard; it ANDER] moves that the managers on the part The budget we originally got said we follows them to the school of their of the Senate at the conference on the dis- will take $94 billion in savings and we choice. They ought to be able to go to agreeing votes of the two Houses on the con- will spend it on Pell grants. Let’s think the lending institution of their choice current resolution S. Con. Res. 13 (the cur- about that a minute. Common sense and not line up outside of the Depart- rent resolution on the budget for fiscal year

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10548 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 2010) be instructed to insist that the final energy. That would be a bad idea, in which unfortunately is still getting conference report include the Senate posi- my opinion, at any time. But now, as worse, is really not the time to in- tion maintaining a competitive student loan we are in the midst of a horrible reces- crease taxes on the domestic energy program that provides students and institu- sion, which is still getting worse, it is sector. It will cost us jobs, it will stifle tions of higher education with a comprehen- sive choice of loan products and services, as a horrendous idea. Now is not the time a recovery, it will increase costs on contained in section 203 of S. Con. Res. 13, as to impose these new taxes on the econ- consumers, and it will hurt American passed by the Senate. omy, including the oil and gas indus- businesses and consumers. The PRESIDING OFFICER. The Sen- try. New taxes would hurt workers by Madam President, let’s all join in ator from Louisiana. extending the recession and by depress- support of this language in the Senate MOTION TO INSTRUCT ing job creation just as, hopefully, an version of the budget resolution. In our Mr. VITTER. Madam President, I ask economic recovery in the next several previous debate of a few weeks ago, it unanimous consent that the pending months starts to gain a foothold. was adopted by unanimous consent. motion be set aside and that my mo- The oil and gas industry is signifi- Let’s make sure it is fought for and tion be sent to the desk. cant to our economy and employs more preserved in the final version of the The PRESIDING OFFICER. Without than 6 million fellow Americans. At- budget resolution. objection, it is so ordered. The clerk tacking that industry in the midst of a With that, I yield the floor. will report. horrible recession is attacking those 6 The PRESIDING OFFICER. The Sen- The assistant legislative clerk read million of our fellow citizens. Right ator from Oklahoma. as follows: now, they feed their families, put a MOTION TO INSTRUCT The Senator from Louisiana [Mr. VITTER] roof over their kids’ heads because of Mr. COBURN. Madam President, I moves that the managers on the part of the good, solid jobs in the energy sector ask unanimous consent that the pend- Senate at the conference on the disagreeing producing good, affordable energy for ing motion be set aside, and I offer a votes of the two Houses on the concurrent Americans. These proposed taxes would motion to instruct the budget con- resolution S. Con. Res. 13 (the concurrent kill those jobs in the midst of a hor- ferees. resolution on the budget for fiscal year 2010) rible recession. The PRESIDING OFFICER. Without be instructed to insist that if the final con- This is not brain surgery. We know ference report includes any reserve funds in- objection, it is so ordered. The clerk volving energy and the environment, that from history, from practice, that high- will report. such sections shall include the requirements er taxes in this sector result directly in The assistant legislative clerk read included in section 202 (a) of the Senate- less domestic energy, and restrained as follows: passed resolution to require that such legis- supplies lead to higher energy costs for The Senator from Oklahoma [Mr. COBURN] lation would not increase the cost of pro- consumers too. So in today’s economy, moves that the managers on the part of the ducing energy from domestic sources, includ- that would stifle recovery and make Senate at the conference on the disagreeing ing oil and gas from the Outer Continental Americans more dependent on foreign votes of the two Houses on the concurrent Shelf or other areas; would not increase the oil and natural gas. resolution S. Con. Res. 13 (the concurrent cost of energy for American families; would New taxes will make it more expen- resolution on the budget for fiscal year 2010) not increase the cost of energy for domestic be instructed to insist that Conference Re- manufacturers, farmers, fishermen, or other sive for oil and natural gas companies port include a reserve fund that promotes domestic industries; and would not enhance to expand or initiate new exploration legislation that achieves savings by going foreign competitiveness against U.S. busi- and development programs, and that through the Federal Budget line by line, as nesses. would mean fewer jobs for American President Obama has called for, to eliminate Mr. VITTER. Madam President, a few workers. wasteful, inefficient, and duplicative spend- weeks ago, when we debated the budget New taxes hurt businesses, threaten ing, as set forth in Section 224 of S. Con. Res here on floor of the Senate, I passed jobs, and they are then passed on to 13. language contained in section 202(a) of consumers as higher prices. And higher Mr. COBURN. Madam President, this that budget resolution. This motion to taxes are a burden felt throughout the was accepted during our debate. The instruct conferees is very simple. It economy. They discourage business ex- reason I bring it back is that if you ask says that we will fight to keep that pansion, investment, and job creation. the American people what they are language in the final budget resolution. Again, this is a very simple, basic, worried about, they are worried about What does that language do? Well, it but important notion. This is no time their jobs, they are worried about their is very simple. It says that this budget to increase taxes on domestic energy health care, but they are also worried legislation ‘‘ . . . would not increase production. This is no time to stifle that we are spending their children the cost of producing energy from do- what will hopefully soon become the into oblivion. And they are right—we mestic sources, including oil and gas beginnings of a recovery. In terms of are. from the Outer Continental Shelf or our energy picture, this is no time to One of the great things about Presi- other areas; would not increase the lessen domestic production when we dent Obama’s promises was that he cost of energy for American families; should be moving in the opposite direc- said he recognized we have waste in the would not increase the cost of energy tion and increasing domestic produc- Federal Government. He recognized we for domestic manufacturers, farmers, tion and independence from foreign have duplication in the Federal Gov- fishermen, or other domestic indus- sources. All of these energy tax pro- ernment. He recognized we have pro- tries; and would not enhance foreign posals would do exactly that. grams that aren’t working in the Fed- competitiveness against U.S. busi- Let’s be clear about it. These pro- eral Government. And the commitment nesses.’’ posals have been made. They are there he made—and he has made three times That is a pretty simple, straight- in black and white. They are concrete. since being sworn in as President—is to forward plea, and it is one we should They are real proposals from the do a line-by-line evaluation of every keep in this budget resolution—fight Obama administration and some lib- Federal program out there, to check it and demand to retain that language in eral Members of Congress, and they fall for waste, No. 1; No. 2, to check to see our budget. That is why I ask all my into two big categories: No. 1, a very if it is duplicative of something else, colleagues to join me in supporting aggressive, ambitious cap-and-trade which a third of them are; and No. 3 is, this motion to instruct. program, which is a tax on so many does it have any metrics on it and is it At a gut level, this is very simple. forms of energy and activity in our being defrauded? New taxes kill jobs. New taxes kill country; and No. 2, direct tax increase The fact is, it is now common knowl- jobs. According to a preliminary esti- proposals on domestic oil and gas pro- edge that at least $300 billion a year— mate based on the Center for American duction. I don’t believe any time is a at least $300 billion a year—is either Progress data, 271,000 oil and gas jobs good time to push that policy, but I wasted, defrauded, or duplicated in the would be destroyed by the administra- would hope we can all agree that now, Federal Government. The real problem tion’s proposed new taxes and fees on in the midst of a severe recession, is that even though we now have a

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10549 President who wants to attack that, Senate. If you do not think we have a tient’s interests. I think most of us Congress hasn’t been willing to do it. constitutional obligation to evaluate agree that when the patients can work We have not been willing to keep our where we are spending the money, get directly with their doctors, choose side of the bargain in terms of over- rid of the waste and go line by line their own doctors, choose their own sight and evaluation. through all these programs, we need health plans, the Nation is better off. It strikes me that if all the money we some other people up here. That is be- There is an old saying that success are borrowing to run the Government cause right now our Republic is in jeop- has many fathers while failure is an or- today was really our money, none of us ardy. It is not from terrorism. It is phan. Our health care failures have a would ever allow what is going on in from our own potential fiscal collapse. father. In most cases it is the Govern- the Federal Government. None of us The time to attack that is now. ment. See, our policies make it hard would. None of us would allow the du- It is my hope the Senate will send a for individuals to have a health insur- plication. huge vote on this motion that we mean ance plan they can afford and own and We had a hearing yesterday in Sen- business, we are going to join hands keep. One part of that is the Govern- ator CARPER’s Federal Financial Man- with President Obama, and we are ment today pays for over half of the agement Subcommittee on the waste going to fix most of what is wrong, in health care in America through Medi- and fraud in Medicare and Medicaid. It terms of these programs. care, Medicaid, children’s health pro- went up to $74 billion—$74 billion, and I yield the floor and suggest the ab- grams, and veterans health programs. we are not doing anything about it? sence of a quorum. But, unfortunately, when they pay doc- I withdraw that. I see Senator Total improper payments. We only tors in hospitals they often pay below DEMINT is here. have improper payments in about cost. three-quarters of the Federal Govern- The PRESIDING OFFICER. The Sen- ment even though it is a mandated law ator from South Carolina is recognized. In fact, it has been estimated that that they have to supply it. But they MOTION TO INSTRUCT Government payment causes private can’t measure it because they don’t Mr. DEMINT. I send a motion to the health insurance to be 20 percent to 30 know what they are paying for. desk. percent more expensive than it would The fact is, we know we have big The PRESIDING OFFICER. Without be if everyone paid their fair share of problems. We have a fraud bill in front objection, the clerk will report. the cost. So the Government at the be- of us that we haven’t finished working The assistant legislative clerk read ginning is a big part of the problem of on that is to go after fraud. Well, the as follows: making health insurance too expensive biggest fraud is right here. The biggest The Senator from South Carolina [Mr. for individuals. waste is right here. So the point ought DEMINT] moves that the managers on the A number of us had the opportunity to be, as we go into a conference on the part of the Senate at the conference on the this week to hear from the President budget, that we ought to commit to disagreeing votes of the two Houses on the and CEO of Safeway Supermarkets. concurrent resolution S. Con. Res. 13 (the the American people that we are will- concurrent resolution on the budget for fis- They have over 200,000 employees. He ing to do what they are having to do cal year 2010) be instructed to insist that the was going through a lot of the statis- right now; that we are going to look at conference report on the concurrent resolu- tics about their health plan and how where things aren’t working, we ought tion shall include a point of order against they have been able to keep the cost of to look at where things are wasted, we legislation that eliminates the ability of health care level for the last 4 years. ought to look at things we are not Americans to keep their health plan and They have done a lot of things not only measuring and start measuring them, eliminates the ability of Americans to to make health insurance and health and the things that are not effective, choose their doctor, as contained in section care more accessible, they have done a 316 of the concurrent resolution, as passed by we should get rid of. That is all this the Senate, and insist further that an addi- lot of things to make their employees says. It just says we will go line by line tional condition be added providing such leg- healthier. You see, they use a lot of in- through every Federal program; that islation shall not decrease the number of centives, recognizing that 70 percent of we will have oversight at least once a Americans enrolled in private health insur- our health problems as Americans are year on everything that is out there, ance, while increasing the number of Ameri- caused by our own behavior—whether and we will make a dent in this $300 cans enrolled in government-managed, ra- it be smoking or overweight or poor billion-plus. tioned health care. diets. It is pretty obvious through the Here is the question. Is it moral to Mr. DEMINT. Madam President, we statistics that people have a lot of con- waste $300 billion and that $300 billion are here to talk about the budget. Ob- trol over how healthy they are and come out of lost opportunity of our viously there are a number of different therefore how much they have to spend children? Is this a moral position the things in the budget of concern and on health care. Senate wants to stand on? Does the some controversy. I appreciate the op- Safeway, through a lot of incentives Congress want to stand on that? Can portunity to speak on this motion that discourage smoking and encour- our country ultimately survive, if we which addresses a particular part of age people to get in better shape—eat keep doing what we are doing? The an- the budget related to health care. Dur- better, lose weight—are able to save swer to that is emphatically no, we ing the campaign the President prom- their employees money and to make cannot. Every republic in the history ised that any changes in health care them healthier and to reduce the cost of mankind has died under fiscal col- would protect the patient’s right to of the health care for the company and lapse. They have not been invaded from pick their plan, their doctor, and to for the employees. outside until they rotted from within. keep the plan they have if they want This is a straightforward commit- it. My motion simply codifies that, in a There are a lot of demonstrations ment by the Senate and the Congress, sense, we make sure we keep the prom- like this around the country that show through the budget, to meet President ise. private health insurance can work. Obama’s request that what he is going In the budget there is a downpay- Freedom can work if we let it. to do we are going to do, and we are ment which has been referred to of, I The President of Safeway asked us to going to weed out a large portion of the think, around $700 billion on some mas- make some changes that would give ineffectiveness, of the duplication, and sive changes in health care. My con- them more flexibility to offer even of the waste that is in our Government cern is this could mean an expansion of more incentives for people to cut their and our grandkids’ Government. There Government plans rather than making own cost of health care by changing is no reason for us to have anything private health insurance more avail- their behaviors. This is something we other than a unanimous vote on this able to patients. We do not need to just should all want. Instead of moving im- motion to instruct. speak of the public interest when we mediately to some massive new Fed- If you do not think we should be are talking about health care; it is im- eral plan, let’s look at what we can do doing that, you do not belong in the portant that we talk about the pa- to let the free market system work,

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10550 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 where patients and doctors and em- question answers it on its face. We care programs. All my amendment says ployers and associations can work to- know the free market did not create is give freedom a chance. The Amer- gether to make private health insur- these problems because there is no free ican people have not given up on free- ance work. market for health care in the United dom and neither should their elected There are a lot of things we do here States today. Government dominates officials. that make it harder. I will list a few. the market. It does not pay its fair I thank the ranking member, I thank Small businesses could do the same share. It regulates everything to the the Presiding Officer, and ask for the thing as Safeway if we allowed them to point where it makes it very difficult consideration of my motion. work together in associations to buy for the private market to work. I yield the floor. their health insurance and to provide Let’s not give up on freedom and go The PRESIDING OFFICER (Mr. these incentives for better health and to socialism here in America before we BEGICH). The Senator from New Hamp- better access to health care. But, yet, have tried to fix the simple things that shire. we have consistently voted against al- are obvious, in front of us, the things Mr. GREGG. For the information of lowing this to happen. Why will we not that companies such as Safeway say we our colleagues, we have three more let that happen? Why will we not let can do to provide better insurance and speakers on our side who will take 10 individuals deduct the cost of their make people healthier and lower their minutes each, offering motions to in- health insurance, like we do employ- cost and give them plans they can struct. There may be other speakers ers? It is almost as though we do not keep. but I do not know of them. I hope we want individuals to have health insur- No matter what the problem is in can sort of start voting here, depending ance. Then we throw up our hands and Washington, people here seem to think on what the chairman desires to do, at talk about how many people are unin- the solution is more Government. But some point in the near future. sured in our country. we do not need a new Federal program The PRESIDING OFFICER. The Sen- Health insurance would work much for health care. We need to remove the ator from North Dakota is recognized. better if it were portable. We could Federal barriers that keep freedom Mr. CONRAD. Mr. President, I would change some of our laws and regula- from working in health care. be eager to do that. I think what we tions to make it much easier for people We have taken over banks, auto in- need to do is have other Members come who have insurance with one company dustry, mortgage lending, education, and offer their motions to instruct and to take it with them when they leave transportation system. Look at the see what time is needed in terms of re- to go to another company or to start areas the Government is running today buttal on that. It would be our inten- their own business. Yet we refuse to do and ask yourself, do you want to run tion to—if you have three more on those things that would allow the mar- health care the way we have been run- your side, 10 minutes each, so we will ket to work. ning education in America; as we have probably need 30 minutes on the other Right now in this country, individ- been running the financial markets for side. I don’t want to lock this in at the uals can only buy health care or health the last few months; or how we are moment because I have not talked to insurance from companies that are in doing with the auto industry now that leadership and I do not know if there their State, that are certified in their we have essentially taken it over? are other considerations, but the inten- State. Why not let people buy health Health care is the best in the world tion would be to begin voting about 7 insurance from any State in the coun- here in America because of that small o’clock. Perhaps we can move that up. try as we do with other services? Why segment of the private market, the free Perhaps I will not need all of that restrict it to a one-State monopoly, market, that is working—the best time. Hopefully not. where regulations or mandates or other pharmaceuticals, the best technology, Mr. GREGG. We may not need all of things could shoot up the cost of the best private health care. the time on our side either. health care? We could create a more Socialism does not work. There is Mr. CONRAD. We need to check with competitive, higher quality health in- not an example in the world where it the leadership to see when votes can surance market if we let it become na- does. We keep hearing here, why don’t start, but it would be our intention, tional market. we be more like Europe or more like perhaps in the 6:45 to 7 o’clock time- We do other things that seem absurd, Canada, where people have to wait 6 frame, to begin voting, perhaps even a such as we will allow a small employer months or more to get an MRI. The little bit before that. We will have to to put money in a health savings ac- only reason theirs works as well as it check with the leadership. count for their employees but we will does is they are the beneficiary of a lot MOTION TO INSTRUCT not let that employee use the money in of American technology that is devel- Mr. GREGG. Mr. President, I send a the health savings account to pay for a oped in the free market system. They motion to instruct to the desk. health insurance premium. Why do we are the beneficiaries of a lot of the pre- The PRESIDING OFFICER. Without do that? If we want people to have scription drugs that come out of our objection, the clerk will report. health insurance, to have the freedom country that are developed here be- The bill clerk read as follows: to buy and own their own health insur- cause there is still a free market. This The Senator from New Hampshire [Mr. ance, we would do these simple things is a reason that the technology and the GREGG] moves that the managers on the part that put the patient more in charge. prescriptions are not being developed of the Senate at the conference on the dis- They would have better health care, in other countries that are socialistic. agreeing votes of the two Houses on the con- Freedom works and we need to expand current resolution S. Con. Res. 13 (the con- better health insurance, and probably a current resolution on the budget for fiscal lot better health. it here in America. year 2010) be instructed to insist that the What we are doing every day is slid- Let me talk briefly about this mo- final conference report limit the increase in ing closer to a national or socialized tion to instruct conferees. Hopefully it the public debt for the period of 2009 through health care system, saying the system will not be controversial because it is 2019 to an amount no greater than the we have does not work when the fact is essentially a promise from the Presi- amount of public debt accumulated from 1789 we have done about everything we can dent of the United States. My amend- to January 20, 2009. to make it impossible for a free system ment would require a supermajority Mr. GREGG. Mr. President, as we to work. We do have serious problems vote to consider any legislation in the have discussed earlier at some length, and challenges in our health care sys- future that would take away people’s there are three essential problems with tem but almost all of them are made freedom to keep their own health plan the President’s budget. The first is worse by the people who work in this or take away people’s freedom to that it spends too much, the second is place everyday. choose their own doctor or decrease the it taxes too much, and the third is it The question now is whether more number of people with private insur- creates too much debt. It is the third Government will make those problems ance while increasing the number of issue I think many of us find to be the better or worse. I think to ask that people in Government-rationed health most severely distressing issue.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10551 Of course, it is driven by the first two tees, that our generation will pass onto tration to radically expand the size of issues. But the idea that we are going our children a country that is not as Government, as it appears to be the de- to double the debt in 5 years, triple it prosperous, is not as strong as what we sire of this administration to take in 10 years; we are going to have, on received from our parents. spending in this Government up to as- average, a $1 trillion deficit every year That is not right, not fair, inappro- tronomical levels in the context of our for the next 10 years, and that we are priate. It is a totally inappropriate historical spending at the Federal Gov- going to build up the national debt to thing to do. It can be corrected. It is ernment, to go from 20 percent of GDP a point where it is 80 percent of the not as if this is not an uncorrectable up to 25, 26 percent of GDP, if that is gross national product, the public debt event. There has been a decision made the purpose of this administration, and is disturbing. It basically is on an on the other side of the aisle and by it appears to be their purpose, it is unsustainable path. It means our Na- the President in bringing forward this their purpose, it is what they said they tion will be put at risk by that type of budget to significantly explode the size are going to do in this bill, in this debt. of the Government. That is a conscious budget, well, then they cannot do it by Now, the Congress is not doing a very decision that was made. The President passing those bills on to the next gen- good job of disciplining itself. This is very forthright about this. He thinks eration and creating this massive debt. problem is driven primarily by spend- that is a way to create prosperity. It They have to come up with some ing. But the fact is, the result of that does not happen if at the same time other way to do it. My suggestion spending is this explosion in debt. you are running up the national debt at would be that they do not spend that As I have held up before this chart rates which are unsustainable. much money. That would be the sug- that shows the picture of the Presi- The debt, the public debt will double gestion from our side of the aisle. But dents since the beginning of our Na- during the term of this budget—double maybe from the other side of the aisle tion, President Washington through from 40 percent to 80 percent. We have is that they raise taxes radically on all President George W. Bush, they gen- the public debt so high under this working Americans, which they do erated this much debt on this country, budget, or the President and the Demo- anyway in this bill, but they would $5.8 trillion. cratic Members of this Senate and the have to raise money in any event. We President Obama’s budget just in the House have it so high under this budget should not put the burden on our chil- first 4.5 years essentially is going to that if we tried to apply it to the Euro- dren by creating all this additional double that debt. All the debt added to pean Union as a country in Europe, for debt. the United States, to the backs of example, we would be rejected because, This is a simply fairly reasonable American citizens since 1776, or actu- under the terms of the European test as to how much debt this budget ally 1789 when the Government started Union, a country cannot have as high a should be able to run up on our people. creating debt, over 200 years, all of debt as we are going to have after this It should be less debt in 5 years than that debt is doubled now in just 5 budget runs its course. has been run up on the American peo- years. Actually, it is about the middle of ple in over 200 years. That is not tolerable. Then that debt, the budget that we hit that threshold. I suggest the absence of a quorum. after doubling in 5 years, triples in 10 Can you believe that? Countries such The PRESIDING OFFICER. The years. Our children end up with this as France are going to be more fiscally clerk will call the roll. debt. Our children are the ones who responsible than we are. But that is the The bill clerk proceeded to call the have to pay for this. The people who truth. That is the way this budget roll. will be working in America are the plays out. As I say, this is a path over Mr. CORNYN. I ask unanimous con- ones who are going to have to pay for a cliff for our Nation. sent that the order for the quorum call this and bear the burden of this debt. I have offered this motion to in- be rescinded. They are going to suffer either massive struct. I call it the 1789 motion because The PRESIDING OFFICER. Without inflation, massive devaluation of the that is the date when we started run- objection, it is so ordered. dollar, massive tax increases or a dra- ning up debt in this country. In es- MOTION TO INSTRUCT matic disruption in our capacity to sell sence, it says this: We cannot pass a Mr. CORNYN. Mr. President, I ask debt as a nation because of this. budget here in this 5-, 10-year cycle unanimous consent that the pending The chairman of the committee has that adds more debt to the backs of our motion be set aside, and I send to the said this is an unsustainable path. Yet children than the total debt that was desk another motion for which I ask its nothing in this budget addresses the added to this country from 1789 immediate consideration. fact that this path is one we have cho- through January 20, 2009. The PRESIDING OFFICER. Without sen to follow. It is akin to saying: We I think that is a fairly reasonable objection, it is so ordered. know we are going to go off a cliff. We standard. We are going to say you can- The clerk will report. are on a path that takes us off a cliff, not exceed the amount of debt that is The bill clerk read as follows: but the budget does nothing to change being added by this budget—that The Senator from Texas [Mr. CORNYN] the direction we are walking and, in amount of debt cannot exceed the moves that the managers on the part of the fact, accelerates our pace toward that amount of debt that has been added to Senate at the conference on the disagreeing cliff. this country since our beginning, 230- votes of the two Houses on the concurrent That makes no sense at all to me. resolution S. Con. Res. 13 (the concurrent some-odd years. resolution on the budget for fiscal year 2010) Why would we pass a budget which we We have to have some standard to be instructed to insist on the inclusion in know will create so much debt and so live by. That seems like a reasonable the final conference report of the point of much of a burden on our children that one, that in 5 or 10 years we do not order against legislation that raises Federal our Government will not be able to be take the debt up so quickly and so income tax rates on small businesses as con- sustained and our children will not be horrifically that we actually exceed all tained in section 307 of the concurrent reso- able to afford the Government. the debt put on the backs of the Amer- lution, as passed by the Senate. It is counterintuitive to do some- ican people since the beginning of our Mr. CORNYN. Mr. President, my mo- thing that is certainly not correct. One Nation, from 1789 through January 20, tion instructs Senate conferees to in- generation has sort of a fiduciary re- 2009. clude section 307, which is included in sponsibility to the next generation. In This standard, if it is passed, will be the Senate-passed budget resolution, in the history of our Nation, each genera- a standard that will be enforced under the final conference report. As the dis- tion has passed on to the next genera- the budget. The effect of it will be that tinguished chairman of the Budget tion a better nation, a stronger nation, we will have to figure out some way to Committee knows, this creates a 60- a more prosperous nation. Yet this reduce debt or the rate of growth of vote point of order against any legisla- budget locks in place a path that abso- debt under this budget. That is reason- tion that raises income taxes on small lutely guarantees, absolutely guaran- able. If it is the desire of this adminis- businesses. The Senate, in a bipartisan

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10552 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 vote of 82 to 16—a rarity these days, that President Obama and his adminis- ished with our business in a reasonable when we see that kind of overwhelming tration have said their primary objec- way by 8 or we could go until 10. bipartisan support on anything—ap- tive in dealing with the economy is job The other thing I want to add is, this proved this point of order which I of- creation and retention, I don’t under- will not affect how these motions do in fered as an amendment to the budget. stand why they would propose in their conference. If somebody has that in The Senate voted so overwhelmingly budget to increase taxes on the engine mind, sometimes it does make a dif- for this amendment—and I suggest it of job creation known as small busi- ference, but in this case it will not. would be appropriate to vote for this ness. I yield the floor. motion to instruct in at least the same The Senate made its voice clear when The PRESIDING OFFICER. The Sen- numbers—because the Senate should a bipartisan majority supported my ator from New Hampshire. not pass a budget that increases in- point of order as an amendment to the MOTION TO INSTRUCT come taxes on small businesses in budget in the Senate. I ask my col- Mr. GREGG. Mr. President, I send a Texas or Alaska or anywhere else, es- leagues once again to reaffirm their motion to the desk on behalf of Sen- pecially during a time when the econ- support in the same bipartisan fashion ator JOHANNS and ask that it be re- omy is struggling and when our No. 1 by joining with me in supporting this ported. priority is to help employers retain motion to instruct conferees not to The PRESIDING OFFICER. The employment for their current employ- raise taxes on small businesses, the pri- clerk will report. The legislative clerk read as follows: ees and, hopefully, at some point begin mary job engine in the country. The Senator from Nebraska [Mr. JOHANNS] to increase the number of jobs avail- I yield the floor. The PRESIDING OFFICER. The Sen- moves that the managers on the part of the able to Americans. Senate at the conference on the disagreeing Almost 400,000 businesses in Texas ator from New Hampshire. Mr. GREGG. Mr. President, we are votes of the two Houses on the concurrent that employ around 4 million people going to start voting shortly. I ask resolution S. Con. Res. 13 (the current reso- would be especially hit by a failure to lution on the budget for fiscal year 2010) be unanimous consent that the votes be in pass this motion to instruct and by any instructed to insist that if the conference re- the order as listed in the original unan- increase in income taxes on small busi- port includes a Deficit Neutral Reserve Fund imous consent request under which we nesses. For example, earlier when I to Invest in Clean Energy and Preserve the are functioning, which would be Sen- Environment and Climate Change Legisla- spoke on the budget resolution, I men- ators STABENOW, JOHANNS, GREGG, SES- tion similar to section 202 of S. Con. Res. 13, tioned Don Thedford, a small business- SIONS, ENSIGN, CORNYN, ALEXANDER, as passed by the Senate, then that Deficit man in Tyler, in east Texas, and how COBURN, DEMINT, and VITTER. Neutral Reserve Fund shall also include the he told me he has been able to grow his The PRESIDING OFFICER. Without language contained in section 202(c) of S. small business in part because of the objection, it is so ordered. Con. Res. 13, as passed by the Senate, which provides that the Chairman of the Senate tax relief we provided in 2001 and 2003. Mr. GREGG. As I understand from It is common sense and certainly intu- Budget Committee may not revise alloca- the chairman—and certainly it is our tions for legislation if that legislation is re- itive that taxes can have an impact on sentiment—we can pretty much begin ported from any committee pursuant to sec- the ability of a business to expand or, voting whenever anybody is ready. tion 310 of the Congressional Budget Act of when taxes are unnecessarily high, Mr. CONRAD. I am told by leadership 1974. cause it to contract. staff we have a problem voting before 7 MOTION TO INSTRUCT Another businessman in east Texas, in terms of getting some Members Mr. GREGG. I send a motion to the Cory Miller from Winnesboro, tells a here. desk on behalf of Senator ENSIGN and similar story. Through one business Mr. GREGG. I ask unanimous con- ask that it be reported. that Cory has, he drills and services sent that the time between now and 7 The PRESIDING OFFICER. The water wells. Of course, in the process, be equally divided between the two par- clerk will report. he gives families and communities ac- ties under the leadership of myself and The legislative clerk read as follows: cess to fresh water. In his business, he Senator CONRAD, and that should Sen- The Senator from Nevada [Mr. ENSIGN] manufactures a type of pump he in- ator ENSIGN be here, he has the last moves that the managers on the part of the vented, one which he now sells to other motion to instruct which we need to Senate at the conference on the disagreeing well drillers and drilling rig manufac- discuss. So he gets 10 minutes from our votes of the two Houses on the concurrent turers. He has been in this business for resolution S. Con. Res. 13 (the concurrent side or such time as he may desire from resolution on the budget for fiscal year 2010) 25 years and now employs 35 people. our side that is still remaining. be instructed to insist that the conference Cory, like Don, believes the tax relief The PRESIDING OFFICER. Without report on the concurrent resolution include we passed in 2001 and 2003 created the objection, it is so ordered. the point of order against legislation that kind of positive, progrowth environ- Mr. CONRAD. Mr. President, let me raises taxes directly or indirectly on middle- ment which allowed him to grow his observe that we have a chance to han- income taxpayers (single individuals with business and that higher taxes in the dle a number of these motions by voice $200,000 or less in adjusted gross income or middle of a recession will force him to vote. There are a number of them we married couples filing jointly with $250,000 or could support, we could accept. Sen- less in adjusted gross income) as contained make tough decisions and possibly lay in section 306 of the concurrent resolution as off employees. ator GREGG will be talking to those passed by the Senate. Members who have motions to instruct Higher taxes for people such as Don Mr. GREGG. I suggest the absence of that we could accept. I ask them to and Cory will mean they will not be a quorum. able to reinvest more money in their carefully consider that offer. We have The PRESIDING OFFICER. The businesses to purchase equipment or to stacked up 10 potential votes. We can clerk will call the roll. hire more people because they will do three votes an hour. That would be The legislative clerk proceeded to have to pay Uncle Sam higher taxes in- three hours of voting starting at 7. call the roll. stead. As Cory put it: That would take us until 10 tonight. Mr. THUNE. Mr. President, I ask Every dollar taken from an aggressive, Frankly, as I count them, we have six unanimous consent that the order for growth-oriented small businessman like my- of these motions that we could accept, the quorum call be rescinded. self is a dollar that will not be used to ex- shortening the time for voting by 2 The PRESIDING OFFICER. Without pand my business or hire new employees. hours. That would mean we could be objection, it is so ordered. We all know if small businesses are done by roughly 8. It is dependent on Mr. THUNE. Mr. President, I rise to hit by higher taxes such as those pro- Senators being willing to take voice speak in opposition to the motion of posed in the administration’s budget, it votes or being willing to have their mo- the Senator from Michigan, Ms. STABE- will cause them to contract. We also tions accepted on a unanimous consent NOW, that instructs the conferees to in- know that small businesses are the ve- basis. clude some but not all of the limita- hicle that has produced most of the I make that plea to Senators. We tions the Senate voted for with respect new jobs over the last decade. Given could do it the way that gets us fin- to climate change legislation.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10553 I think the Senate needs to under- acknowledged his plan would lead to on all of those matters. So again, for stand that the effect of this motion higher electricity prices, and he said: the advice of our colleagues, we are would be to instruct conferees on the Under my plan of a cap and trade system, very close to the time when we can do issue of climate change without includ- electricity rates would necessarily sky- that. ing the Senate’s protection for con- rocket. I ask unanimous consent to set aside sumers against higher gas and elec- What happened during the debate on the pending motion to instruct so I tricity prices, which was adopted by the budget is we adopted my amend- may offer a motion to instruct on be- the Senate by a vote of 89 to 8 during ment, by a vote of 89 to 8, which spe- half of Senator STABENOW. the debate on the budget resolution. cifically stated that any cap-and-trade The PRESIDING OFFICER. Without The Senate adopted several budget climate change legislation could not objection, it is so ordered. amendments to try to specify what the increase electricity rates or gas prices The clerk will report. parameters should be in the debate for consumers in this country. The Sta- The legislative clerk read as follows: over climate change legislation. benow motion to instruct, if adopted, The Senator from Michigan [Ms. STABE- One of those amendments that was would instruct the conferees in an op- NOW] moves that the managers on the part of adopted was one that was sponsored by posite direction. It would exclude that the Senate at the conference on the dis- me. That amendment specified that cli- protection that was included in my agreeing votes of the two Houses on the con- mate change legislation could not in- amendment to the budget resolution. current resolution S. Con. Res. 13 (the cur- rent resolution on the budget for fiscal year crease electricity or gasoline prices. It So I ask my colleagues in the Senate 2010) be instructed to insist that the final was adopted by the Senate by a vote of to defeat the Stabenow motion. The conference report include a Deficit-Neutral 89 to 8. Johanns motion, on the other hand, to Reserve Fund to Invest in Clean Energy and What Senator STABENOW’s motion instruct the conferees not to use rec- Preserve the Environment (as provided in would do if it were agreed to is it would onciliation to accomplish climate section 202(b) of S. Con. Res. 13, as passed by instruct that it would be the Senate’s change legislation is a good motion. I the Senate) that would allow the Chairman only specific instruction on what hope the Senate will vote to adopt it. of the Committee on the Budget of the Sen- should be included in the final budget That was also one that was adopted by ate to revise the allocations of 1 or more committees, aggregates, and other appro- on climate change legislation, apart a fairly large margin when it was voted priate levels and limits in the resolution for from the reconciliation limitations on during the debate on the budget a 1 or more deficit-neutral bills, joint resolu- that would be included. So, in other couple weeks ago. tions, amendments, motions, or conference words, other protections, such as those But let me restate as clearly as I can, reports that would— included by my amendment, could be if the Stabenow motion is adopted by (1) invest in clean energy technology ini- excluded were the conferees to adhere the Senate today, it would instruct the tiatives; to the instructions in her motion. conferees in a number of areas with re- (2) decrease greenhouse gas emissions; (3) create new jobs in a clean technology The bottom line is, Senator STABE- gard to cap-and-trade legislation, many economy; NOW’s motion to instruct would encour- of which sound good: invest in clean (4) strengthen the manufacturing competi- age conferees to drop the commonsense energy technology initiatives, decrease tiveness of the United States; protections adopted by the Senate with greenhouse gas emissions, create new (5) diversify the domestic clean energy sup- a vote of 89 to 8 when it adopted my jobs in a clean technology economy, ply to increase the energy security of the amendment to the budget resolution. strengthen the manufacturing competi- United States; Just, again, by way of background, I tiveness of the United States, and I (6) protect consumers (including through do not think there is anybody who could go on. There are nine of them policies that address regional differences); would argue the point that a cap-and- that are stipulated here. The one that (7) provide incentives for cost-savings trade proposal is going to raise energy is conspicuously and noticeably absent achieved through energy efficiencies; (8) provide voluntary opportunities for ag- prices. This motion does nothing to in- is the protection against higher prices riculture and forestry communities to con- clude protection against those higher for consumers in the form of higher tribute to reducing the levels of greenhouse prices. gasoline prices and higher electric gases in the atmosphere; and Under the President’s cap-and-trade rates. (9) help families, workers, communities, proposal that was contained in his So it was an amendment adopted by and businesses make the transition to a budget, it would impose what is a mas- the Senate by a vote of 89 to 8. It would clean energy economy. sive new energy tax on anyone who be my view that the Senate should not Mr. CONRAD. Mr. President, I note drives a car or turns on a light switch. go back on an overwhelming vote like the absence of a quorum. In fact, Secretary of Transportation that, which made it very clear that any The PRESIDING OFFICER. The Ray LaHood has said the administra- climate change legislation should not clerk will call the roll. tion is ‘‘not for an increase in the gas raise electricity and gasoline prices on The legislative clerk proceeded to tax as long as the economy is bad, peo- American consumers. The Stabenow call the roll. ple are out of work, people don’t have motion, if adopted, would not include Mr. REID. Mr. President, I ask unan- jobs. No one should be promoting an in- that protection. I ask my colleagues to imous consent that the order for the crease in the gas tax.’’ The cap-and- vote to defeat it. quorum call be rescinded. trade proposal the President has put Mr. President, I yield the floor. The PRESIDING OFFICER. Without forward would do just that. It would Mr. CONRAD. Mr. President, for the objection, it is so ordered. also increase the cost of electricity advice of our colleagues, we are very Mr. REID. Mr. President, earlier prices. close to being able to begin voting. At today, the Senate was very close to Secretary of Energy Chu just testi- roughly 7 o’clock, we will begin. We reaching an agreement to complete ac- fied recently: have 10 motions pending, or we will tion on the financial fraud measure. It I think especially now in today’s economic have by that time. We are still waiting is a bipartisan measure which is the re- climate it would be completely unwise to for a signed copy of one motion that I sult of significant bipartisan work of want to increase the price of gasoline. will send up when that is available. Senators LEAHY, GRASSLEY, and vir- The President and his Budget Direc- Again, we are asking colleagues—we tually every member of the Judiciary tor have been very clear that prices are have a number of these we can take Committee. I thought we had an agree- going to go up on consumers, and they which would reduce the number of ment, but we were not able to do this, are going to feel the pain, the eco- votes that would have to be conducted. in spite of all of the good work of Sen- nomic pain associated with higher Senator GREGG is working diligently to ator LEAHY. We simply want to limit prices for electricity and gasoline. talk to colleagues to see if they are amendments to this bill. Everyone has The President himself acknowledged willing to take a voice vote or take an had ample opportunity to offer amend- that when he was talking about a cap- acceptance by unanimous consent, and ments. I guess it would have been nice and-trade proposal some time back. He we are still waiting for final answers if we had voted later last night, but I

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had a meeting at the White House. I The PRESIDING OFFICER. Without Kansas (Mr. ROBERTS) and the Senator had to be at the meeting, and I left objection, it is so ordered. from Ohio (Mr. VOINOVICH). here about 5:15 and the meeting lasted Mr. REID. I thank the Chair. The PRESIDING OFFICER. Are there until about 7:30. The PRESIDING OFFICER. The any other Senators in the Chamber de- We are going to file cloture tonight pending question is on agreeing to the siring to vote? on this measure. Everyone should ac- Stabenow motion to instruct. The result was announced—yeas 57, knowledge that this means we are Mr. REID. Mr. President, I ask for nays 37, as follows: going to have a cloture vote Saturday the yeas and nays. [Rollcall Vote No. 163 Leg.] morning around 11 a.m. There will be The PRESIDING OFFICER. Is there a YEAS—57 another vote on Sunday, if we are sufficient second? There is a sufficient asked to use up all of this time. It is Akaka Feingold Merkley second. Baucus Feinstein Mikulski unfortunate, since people had all the The yeas and nays are ordered. Bayh Gillibrand Murray opportunity they had to offer amend- The PRESIDING OFFICER. Who Begich Hagan Nelson (NE) ments. No one has tried to stifle yields time? Bennet Harkin Nelson (FL) amendments on this or anything else Bingaman Inouye Pryor Mr. CONRAD. Mr. President, Senator Boxer Johnson Reed this year. It is unfortunate, and that STABENOW would like to speak. Brown Kaufman Reid will mean there will be some amend- The PRESIDING OFFICER. The Sen- Burris Kerry Sanders ments, well intentioned and good, that Byrd Klobuchar Schumer ator from Michigan is recognized. Cantwell Kohl Shaheen deal with the financial crisis facing Ms. STABENOW. Mr. President, this Cardin Lautenberg Snowe this country that will fall, but we have amendment was included in the Senate Carper Leahy Stabenow had good debate the last few days on budget resolution. It lays out clear, Casey Levin Tester Collins Lieberman Udall (CO) this legislation. positive instructions for balanced cli- I wish there were some other way to Conrad Lincoln Udall (NM) mate change legislation that allows ag- Dodd Lugar Warner do this. I pulled out all the stops to try riculture and forestry to participate Dorgan McCaskill Webb to talk to a number of Senators, and I Durbin Menendez Wyden voluntarily. It focuses on jobs, pro- apologize for not being able to work tecting manufacturing, protecting con- NAYS—37 something out, but that is the way it is sumers, and it lays out a positive ap- Alexander DeMint Martinez sometimes. Barrasso Ensign McCain Mr. LEAHY. Mr. President, would the proach rather than just saying no to reconciliation, which is a policy I agree Bennett Enzi McConnell Senator yield? Bond Graham Murkowski Mr. REID. I am happy to yield. with. We need to have a positive, bal- Brownback Grassley Risch Mr. LEAHY. Mr. President, I think anced approach, and this motion does Bunning Gregg Sessions the distinguished leader is doing all he that. Burr Hatch Shelby Chambliss Hutchison Specter can do in this case. I am surprised, as The PRESIDING OFFICER. The Sen- Coburn Inhofe Thune ator from South Dakota is recognized. Cochran Isakson he said, since this bill has had huge bi- Vitter Corker Johanns partisan support and bipartisan spon- Mr. THUNE. Mr. President, I rise in Wicker Cornyn Kyl sorship. It is to try to protect people opposition to the Stabenow motion to Crapo Landrieu from losing their retirement funds, instruct. She is correct that it imposes their home, their savings for their chil- limitations on climate change legisla- NOT VOTING—5 dren to go to college, from these mort- tion as adopted during the budget reso- Kennedy Rockefeller Whitehouse gage fraud people. Everybody across lution, with one very important dele- Roberts Voinovich the political spectrum has endorsed the tion, and that is one that consumers The motion was agreed to. bill. care about the most, which prevents The PRESIDING OFFICER. There We voted on every amendment to re- consumers from having to pay higher are now 2 minutes equally divided prior main to the bill. There are about a gasoline prices and electricity rates. to a vote in relation to the Johanns dozen or more that have nothing to do If the Senate adopts this motion, it motion to instruct. with the bill. It is unfortunate for the will undermine an amendment I offered Who yields time? people who are seeing their life savings to the Senate budget resolution, which The Senator from Nebraska. being ripped off by unscrupulous crimi- passed 89 to 8 in the Senate, which pre- Mr. JOHANNS. Mr. President, Mem- nals, and that we cannot criminalize it vents consumers from having to deal bers of the Senate, I rise this evening in such a way as to stop it. So I will be with higher gas and electricity rates as for the express purpose of asking for here to vote. The irony is that when a result of climate change legislation. your support for a motion that is very the bill finally gets to a vote, it will That is an important protection. It is straightforward. We have already voted probably pass about 90 to 5. something the conferees need to keep on this in an amendment I submitted Mr. REID. Mr. President, I ask unan- in the budget resolution. during the budget process. imous consent that the Republican I hope the Senate will vote to defeat The motion basically says that we leader be allowed to make a statement the Stabenow motion to instruct be- will not use the reconciliation process prior to the vote. cause it does undermine what we did in to pass cap-and-trade legislation. The The PRESIDING OFFICER. Without the budget resolution with respect to last time this issue was before this objection, it is so ordered. body, we had 67 Senators, both Repub- The Republican leader is recognized. the protections afforded to consumers licans and Democrats, who spoke very (The remarks of Mr. MCCONNELL are when it comes to higher gas and elec- loudly and clearly opposing budget rec- printed in today’s RECORD under tricity prices. I urge my colleagues to ‘‘Morning Business.’’) vote no. onciliation to pass cap-and-trade legis- Mr. REID. Mr. President, on the mo- The PRESIDING OFFICER. The lation. I ask that we do that again. I tions to instruct, I ask unanimous con- question is on agreeing to the motion. ask that we do that again to indicate sent that there be 2 minutes between The yeas and nays have been ordered very clearly that we do not want to use each vote for debate equally divided be- and the clerk will call the roll. the reconciliation process for cap-and- tween Senators GREGG and CONRAD or The legislative clerk called the roll. trade. the sponsor of the motion. Senators Mr. DURBIN. I announce that the I conclude my remarks by saying GREGG and CONRAD can determine who Senator from Massachusetts (Mr. KEN- thank you for your thoughtful ap- has the time. NEDY), the Senator from West Virginia proach to this, and I ask for the yeas The PRESIDING OFFICER. Without (Mr. ROCKEFELLER), and the Senator and nays. objection, it is so ordered. from Rhode Island (Mr. WHITEHOUSE) The PRESIDING OFFICER. Is there a Mr. REID. I ask unanimous consent are necessarily absent. sufficient second? There appears to be. that there be 10-minute votes after the Mr. KYL. The following Senators are The yeas and nays are ordered. first vote. necessarily absent: the Senator from The Senator from North Dakota.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10555 Mr. CONRAD. Mr. President, I wish The PRESIDING OFFICER. There is NAYS—54 to point out to colleagues that there is now 2 minutes equally divided prior to Akaka Feingold Menendez no reconciliation instruction on the a vote in relation to the Gregg motion Baucus Feinstein Merkley Bayh Gillibrand Mikulski budget resolution that we are sending to instruct. The Senator from New Begich Hagan Murray to conference from the Senate. In the Hampshire is recognized. Bennet Harkin Nelson (FL) House, the Speaker and the rest of the Mr. GREGG. Mr. President, this mo- Bingaman Inouye Pryor leadership has indicated there is no in- tion is fairly simple but very impor- Boxer Johnson Reed Brown Kaufman Reid tention and no provision for reconcili- tant. Since our country began in 1789, Burris Kerry Sanders ation to be used for cap and trade or we have been adding debt to the Amer- Byrd Klobuchar Schumer for climate change. ican people. All this says is that all the Cantwell Kohl Shaheen Cardin Landrieu Stabenow With that, we are prepared to vote. debt that has been run up, from 1789 to Carper Lautenberg Tester Mr. President, we have an agreement 2009, through January 20, 2009, that Casey Leahy Udall (CO) on 10-minute votes for all remaining that total debt should not be exceeded Conrad Levin Udall (NM) votes. during the term of this budget. It Dodd Lieberman Warner Dorgan Lincoln Webb The PRESIDING OFFICER. That is seems like a fairly reasonable request. Durbin McCaskill Wyden correct. If we do not follow it, we are going to NOT VOTING—5 The question is on agreeing to the end up passing on a debt to our chil- Kennedy Rockefeller Whitehouse motion. dren that they cannot support. I hope Roberts Voinovich The clerk will call the roll. people will support this limitation on The assistant legislative clerk called the addition of debt to our Nation and The motion was rejected. The PRESIDING OFFICER. There is the roll. to our children. now 2 minutes equally divided prior to Mr. DURBIN. I announce that the Mrs. MURRAY. Mr. President, the a vote in relation to the Sessions mo- Senator from Massachusetts (Mr. KEN- Senator from New Hampshire has of- tion to instruct. NEDY), the Senator from West Virginia fered an amendment to the conference Mr. SESSIONS. Mr. President, this (Mr. ROCKEFELLER), and the Senator report that we not double the debt motion would instruct that the budget from Rhode Island (Mr. WHITEHOUSE) from the time President Obama took be altered so that there would be level are necessarily absent. office through the end of 2019. Our funding for 2 years during the time Mr. KYL. The following Senators are budget does not go through 2019. It that we are now spending an additional necessarily absent: the Senator from would not double the debt through 2014. $800 billion in the economy as part of Kansas (Mr. ROBERTS) and the Senator The debt when President Obama took the stimulus package. from Ohio (Mr. VOINOVICH). office was about $10 trillion. So this We ought to be able to keep the base- The PRESIDING OFFICER. Are there amendment is not necessary. I urge a line budget level for 2 years, and then any other Senators in the Chamber de- no vote. finish out the 5-year budget at 1 per- siring to vote? Mr. GREGG. Mr. President, with my cent growth. We have doubled the na- The result was announced—yeas 66, additional time, I would simply note if tional debt through this budget—we nays 28, as follows: that is the position the majority takes, will do so in 5 years—and triple it in 10. [Rollcall Vote No. 164 Leg.] then everybody should vote for it. Interest on the debt today is $170 bil- YEAS—66 The PRESIDING OFFICER. The lion over the President’s 10-year budg- Alexander Corker Lincoln question is on agreeing to the motion. et. At the 10th year, it would be $800 Barrasso Cornyn Lugar Mr. GREGG. I ask for the yeas and billion in interest alone, dwarfing our Baucus Crapo Martinez nays. education budget of $100 billion, dwarf- Bayh DeMint McCain Begich Dorgan McCaskill The PRESIDING OFFICER. Is there a ing the highway budget of $140 billion. Bennet Ensign McConnell sufficient second? This is the right approach to show Bennett Enzi Murkowski There appears to be. some discipline on the baseline budget Bingaman Feingold Murray The clerk will call the roll. Bond Graham Nelson (NE) at a time we are surging the discre- Brownback Grassley Pryor The legislative clerk called the roll. tionary spending through the stimulus Bunning Gregg Risch Mr. DURBIN. I announce that the package. Burr Hagan Sessions Senator from Massachusetts (Mr. KEN- The PRESIDING OFFICER. The Sen- Burris Hatch Shelby Byrd Hutchison Snowe NEDY), the Senator from West Virginia ator from Washington. Cantwell Inhofe Specter (Mr. ROCKEFELLER), and the Senator Mrs. MURRAY. Mr. President, the Carper Isakson Stabenow from Rhode Island (Mr. WHITEHOUSE) amendment that is before us will freeze Casey Johanns Tester are necessarily absent. spending, nondefense and nonveterans Chambliss Klobuchar Thune Coburn Kohl Vitter Mr. KYL. The following Senators are funding, for 2 years and limit the Cochran Kyl Warner necessarily absent: the Senator from growth of nondefense and nonveterans Collins Landrieu Webb Kansas (Ms. ROBERTS) and the Senator funding to 1 percent annually for fiscal Conrad Levin Wicker from Ohio (Mr. VOINOVICH). 2012, 2013, and 2014. NAYS—28 The PRESIDING OFFICER (Mr. BEN- Now, I would remind all of us, we are Akaka Johnson Reed NET). Are there any other Senators in in an economic crisis in this country. Boxer Kaufman Reid the Chamber desiring to vote? The investments we make in this budg- Brown Kerry Sanders et that is before us are important for Cardin Lautenberg The result was announced—yeas 40, Schumer education, for health care, for energy, Dodd Leahy Shaheen nays 54, as follows: Durbin Lieberman Udall (CO) [Rollcall Vote No. 165 Leg.] and for the other priorities that on Feinstein Menendez which this country has asked us to Udall (NM) YEAS—40 Gillibrand Merkley Wyden Harkin Mikulski move forward. Alexander DeMint McCain I urge my colleagues to vote no on Inouye Nelson (FL) Barrasso Ensign McConnell the motion before us so that we can NOT VOTING—5 Bennett Enzi Murkowski Bond Graham Nelson (NE) have the flexibility to deal with these Kennedy Rockefeller Whitehouse Brownback Grassley Risch critical issues before us today. Roberts Voinovich Bunning Gregg Sessions The PRESIDING OFFICER. The Burr Hatch The motion was agreed to. Shelby question is on agreeing to the Sessions Chambliss Hutchison Snowe Mr. GREGG. Mr. President, I move to Coburn Inhofe Specter motion. Cochran Isakson reconsider the vote and I move to lay Thune Mr. SESSIONS. Mr. President, I ask Collins Johanns that motion on the table. Vitter for the yeas and nays. Corker Kyl The motion to lay on the table was Cornyn Lugar Wicker The PRESIDING OFFICER. Is there a agreed to. Crapo Martinez sufficient second?

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10556 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 There is a sufficient second. fortunately, it was said that it would The result was announced—yeas 84, The clerk will call the roll. be stripped out. We went through a nays 9, as follows: The assistant legislative clerk called whole parliamentary mess to under- [Rollcall Vote No. 167 Leg.] the roll. stand that this amendment would not YEAS—84 Mr. DURBIN. I announce that the bring the bill down. I am hoping the Akaka Dorgan McCaskill Senator from Massachusetts (Mr. KEN- managers who take this bill to con- Alexander Ensign McConnell NEDY), the Senator from West Virginia ference keep this amendment in con- Barrasso Enzi Menendez (Mr. ROCKEFELLER), and the Senator ference, so we don’t raise the taxes on Baucus Feinstein Merkley Bayh Gillibrand Mikulski from Rhode Island (Mr. WHITEHOUSE) any family making less than $250,000 a Begich Graham Murray are necessarily absent. year. Bennet Grassley Nelson (NE) Mr. KYL. The following Senators are The PRESIDING OFFICER. The Sen- Bennett Gregg Nelson (FL) Bond Hagan Pryor necessarily absent: the Senator from ator from Washington. Boxer Hatch Reed Kansas (Mr. ROBERTS) and the Senator Mrs. MURRAY. Mr. President, the Brownback Hutchison Reid from Alaska (Ms. MURKOWSKI). Senator from Nevada is correct. This Bunning Inhofe Risch The PRESIDING OFFICER. Are there amendment passed on the budget 98 to Burr Inouye Sanders Burris Isakson Schumer any other Senators in the Chamber de- nothing. The Democrats are happy to Cantwell Johanns Sessions siring to vote? support it. It is 8:25 at night. I suggest Cardin Johnson Shaheen The result was announced—yeas 38, we take it on a voice vote. Carper Kaufman Shelby Mr. ENSIGN. That is fine. Casey Klobuchar Snowe nays 56, as follows: Chambliss Kohl Specter [Rollcall Vote No. 166 Leg.] The PRESIDING OFFICER. The Coburn Kyl Stabenow question is on agreeing to the Ensign YEAS—38 Cochran Lautenberg Tester motion. Collins Leahy Thune Alexander Crapo Lugar The motion was agreed to. Conrad Levin Udall (CO) Barrasso DeMint Martinez Mr. SANDERS. I move to reconsider Corker Lieberman Udall (NM) Bayh Ensign McCain Cornyn Lincoln Vitter Bennett Enzi McConnell the vote and to lay that motion on the Crapo Lugar Webb Bond Graham Risch table. DeMint Martinez Wicker Brownback Grassley Sessions The motion to lay on the table was Dodd McCain Wyden Bunning Gregg Shelby agreed to. NAYS—9 Burr Hatch Snowe Chambliss Hutchison The PRESIDING OFFICER. There is Specter Bingaman Durbin Kerry Coburn Inhofe Thune now 2 minutes equally divided prior to Brown Feingold Voinovich Cochran Isakson Vitter a vote in relation to the Cornyn mo- Byrd Harkin Warner Corker Johanns Cornyn Kyl Wicker tion to instruct. NOT VOTING—6 Mr. CORNYN. Mr. President, my mo- NAYS—56 Kennedy Murkowski Rockefeller tion instructs conferees to retain my Landrieu Roberts Whitehouse Akaka Feinstein Mikulski amendment, which passed by a strong The motion was agreed to. Baucus Gillibrand Murray bipartisan majority of 82 Senators who Begich Hagan Nelson (NE) Mr. CONRAD. I move to reconsider Bennet Harkin Nelson (FL) voted in favor, which says don’t raise the vote and I move to lay that motion Bingaman Inouye Pryor taxes on small businesses. We all know on the table. Boxer Johnson Reed that is the principal job creator in the Brown Kaufman The motion to lay on the table was Reid economy. It passed 82 to 16. My hope is Burris Kerry Sanders agreed to. Byrd Klobuchar Schumer we have a similar if not better vote on Cantwell Kohl The PRESIDING OFFICER. There is Shaheen this motion to instruct. Cardin Landrieu now 2 minutes equally divided prior to Stabenow I ask for the yeas and nays. Carper Lautenberg a vote in relation to the Alexander mo- Tester The PRESIDING OFFICER. Is there a Casey Leahy tion to instruct. Collins Levin Udall (CO) sufficient second? Conrad Lieberman Udall (NM) There appears to be a sufficient sec- Mr. CONRAD. Mr. President, can we Voinovich Dodd Lincoln ond. have order in the Chamber. Dorgan McCaskill Warner The PRESIDING OFFICER. The Sen- Durbin Menendez Webb The yeas and nays were ordered. Feingold Merkley Wyden The PRESIDING OFFICER. The Sen- ate will be in order. Mr. CONRAD. Mr. President, we need NOT VOTING—5 ator from Washington. Mrs. MURRAY. Mr. President, this is order because Senator ALEXANDER is Kennedy Roberts Whitehouse next, and if he would be so gracious as Murkowski Rockefeller on an amendment many of us sup- ported. We are happy to take it on a to accept a voice vote on his motion, The motion was rejected. voice vote. If not, I will be supporting we would take his motion. It is a good Mr. NELSON of Nebraska. I move to the motion, if the Senator insists on a motion. We support it. reconsider the vote and to lay that mo- vote this evening. Mr. ALEXANDER. Mr. President, I tion on the table. The PRESIDING OFFICER. The say to the Senator, thank you very The motion to lay on the table was question is on agreeing to the Cornyn much. I accept that. agreed to. motion. All the motion does is instruct the The PRESIDING OFFICER. The Sen- The yeas and nays were ordered. The conferees to do what the Senate has al- ator from Washington. clerk will call the roll. ready unanimously agreed to do to pre- Mrs. MURRAY. I believe the next The legislative clerk called the roll. serve the competitive student loan sys- motion in order is the Ensign motion. Mr. DURBIN. I announce that the tem. The PRESIDING OFFICER. The Sen- Senator from Massachusetts (Mr. KEN- The PRESIDING OFFICER. If there ator is correct. NEDY), the Senator from Louisiana (Ms. is no further debate on the motion, the There are 2 minutes equally divided LANDRIEU), the Senator from West Vir- question is on agreeing to the Alex- prior to a vote in relation to the En- ginia (Mr. ROCKEFELLER), and the Sen- ander motion. sign motion. ator from Rhode Island (Mr. WHITE- The motion was agreed to. Who yields time? HOUSE) are necessarily absent. Mr. CONRAD. Mr. President, next, I Mr. ENSIGN. Mr. President, this is Mr. KYL. The following Senators are believe, is the motion of the Senator my motion that says let’s not raise necessarily absent: the Senator from from Oklahoma, Mr. COBURN. taxes, whether they are direct or indi- Alaska (Ms. MURKOWSKI) and the Sen- The PRESIDING OFFICER. There is rect taxes, on anybody making less ator from Kansas (Mr. ROBERTS). now 2 minutes equally divided prior to than $250,000. It was agreed to unani- The PRESIDING OFFICER. Are there a vote in relation to the Coburn motion mously when the amendment was con- any other Senators in the Chamber de- to instruct. sidered by the full Senate, 98 to 0. Un- siring to vote? The Senator from Oklahoma.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10557 Mr. COBURN. Mr. President, I will be motion would create a 60-vote point of McCain Reid Thune very brief. This is fulfilling a campaign order for any legislation that takes McCaskill Risch Udall (CO) McConnell Schumer Vitter promise of Barack Obama. He said he away a person’s right to pick their own Menendez Sessions Voinovich wanted us to go through the budget doctor, to choose their own plan, or to Murray Shaheen Webb line by line to eliminate wasteful pro- keep the health plan they already Nelson (NE) Shelby Wicker Nelson (FL) Snowe Wyden grams, eliminate duplicative programs. have. These are promises the President Pryor Specter We accepted this earlier. This is a vote made, that no health care reform Reed Tester to say we are going to do that. We are would take away those rights, and my NAYS—14 going to hold up our end of the bargain, motion is to insist that the budget con- Bingaman Harkin Sanders as the President is going to hold up his ference report include that. Brown Kerry Stabenow end of the bargain, and we are going to Mr. CONRAD. Mr. President, I sup- Burris Levin Udall (NM) go through and find some of this $300 port this amendment. I think it is en- Cardin Merkley Warner billion worth of waste. tirely reasonable in what it outlines. Durbin Mikulski With that, I yield back. We all want patients to be able to NOT VOTING—6 The PRESIDING OFFICER. The Sen- choose their doctors. We want to make Kennedy Murkowski Rockefeller ator from North Dakota. certain if people are happy with the Landrieu Roberts Whitehouse Mr. CONRAD. Mr. President, would health care plan they are in, that they The motion was agreed to. the Senator accept a voice vote on his are able to stay in that plan. The PRESIDING OFFICER. Under motion because we would be prepared I would ask the Senator from South the previous order, there is now 2 min- to support him? Carolina, would he consider accepting a utes of debate, equally divided, prior to Mr. COBURN. I will accept a voice voice vote—a strong voice vote—in a vote in relation to the Vitter motion vote. favor of his amendment? to instruct. Mr. CONRAD. The Senator is very Mr. DEMINT. Mr. President, I appre- The Senator from Louisiana is recog- gracious. ciate the offer very much, but knowing nized. The PRESIDING OFFICER. If there that the chairman probably doesn’t see Mr. VITTER. Mr. President, in our is no further debate on the motion, the my nature as good as Senator original Senate debate on the budget, question is on agreeing to the Coburn COBURN’s, I suspect it might not stay we passed by unanimous consent lan- motion. in, in conference. I would like a rollcall guage that is in section 202(a) that we The motion was agreed to. vote, but I thank the Senator from would not raise taxes on domestic en- The PRESIDING OFFICER. The Sen- North Dakota very much for his offer. ergy production. ator from Oklahoma. Mr. CONRAD. Mr. President, I would That language says that our budget Mr. COBURN. Mr. President, I wish note for the RECORD that the Senator legislation ‘‘would not increase the to make a note for the record there was from South Carolina is smiling. cost of producing energy from domestic no ‘‘no’’ voiced on the vote. I ask for the yeas and nays. sources, including oil and gas from the Mr. CONRAD. Mr. President, let me The PRESIDING OFFICER. Is there a Outer Continental Shelf or other areas; indicate, because of the good nature sufficient second? There is a sufficient it would not increase the cost of energy and the graciousness of the Senator, second. for American families; it would not in- this is an amendment that we will try The question is on agreeing to the crease the cost of energy for domestic to preserve in conference. DeMint motion to. manufacturers, farmers, fishermen or BYRD RULE The clerk will call the roll. other domestic industries; and it would Mr. LEVIN. Mr. President, I ask the The assistant legislative clerk pro- not enhance foreign competitiveness Senator from North Dakota, is it true ceeded to call the roll. against U.S. businesses.’’ that when a reconciliation bill comes Mr. DURBIN. I announce that the This motion to instruct would say we to the floor, it must meet the require- Senator from Massachusetts (Mr. KEN- need to keep that mandate in the final ments of the Byrd rule or be subject to NEDY), the Senator from Louisiana (Ms. version of the budget. This is impor- a 60-vote point of order? LANDRIEU), the Senator from West Vir- tant because, unfortunately, the Presi- Mr. CONRAD. Yes ginia (Mr. ROCKEFELLER), and the Sen- dent has proposed tax increases in all Mr. LEVIN. Is it true that a provi- ator from Rhode Island (Mr. WHITE- those areas, and all those significant sion in a reconciliation bill is subject HOUSE) are necessarily absent. increases in domestic energy produc- to a Byrd rule point of order if it pro- Mr. KYL. The following Senators are tion are part of his budget proposal. duces a change in outlays or revenues necessarily absent: the Senator from It would be tremendously wrong- that is merely incidental to the non- Alaska (Ms. MURKOWSKI) and the Sen- headed and would hurt Americans to budgetary, i.e., policy, components of a ator from Kansas (Mr. ROBERTS). increase taxes on energy, particularly provision? The PRESIDING OFFICER (Mr. now in the midst of a deep recession. I Mr. CONRAD. Yes MERKLEY). Are there any other Sen- ask all my colleagues to support this Mr. Levin. Is it true that every provi- ators in the Chamber desiring to vote? motion to instruct, and I respectfully sion of a reconciliation bill is subject The result was announced—yeas 79, ask for the yeas and nays. to the Byrd rule; and any provision nays 14, as follows: The PRESIDING OFFICER. Is there a that does not meet all of the require- [Rollcall Vote No. 168 Leg.] sufficient second? There is a sufficient ments of that rule, would be subject to second. a 60-vote point of order? YEAS—79 The yeas and nays were ordered. Mr. CONRAD. Yes Akaka Coburn Hagan Mr. REID. Mr. President, I suggest Alexander Cochran Hatch The PRESIDING OFFICER. There is Barrasso Collins Hutchison the absence of a quorum. now 2 minutes of debate equally di- Baucus Conrad Inhofe The PRESIDING OFFICER. The vided prior to a vote in relation to the Bayh Corker Inouye clerk will call the roll. Begich Cornyn Isakson The legislative clerk proceeded to DeMint motion to instruct. Bennet Crapo Johanns Who yields time? Bennett DeMint Johnson call the roll. Mr. CONRAD. Senator DEMINT is Bond Dodd Kaufman Mr. REID. Mr. President, I ask unan- next. Boxer Dorgan Klobuchar imous consent that the order for the Brownback Ensign Kohl The PRESIDING OFFICER. The Sen- Bunning Enzi Kyl quorum call be rescinded. ator from South Carolina is recognized. Burr Feingold Lautenberg The PRESIDING OFFICER. Without Mr. DEMINT. Mr. President, my mo- Byrd Feinstein Leahy objection, it is so ordered. tion simply codifies some promises Cantwell Gillibrand Lieberman Mr. REID. Mr. President, I have been Carper Graham Lincoln during the last campaign focusing on Casey Grassley Lugar conferring off and on during the day health care as part of this budget. My Chambliss Gregg Martinez with my distinguished Republican

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.001 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10558 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 counterpart. I think this is where we call vote, which is absolutely his right. amendment, as amended, be agreed to; are. Senators will vote their judgment. that the bill, as amended, be read a Monday, at about 5:30, we will have a The PRESIDING OFFICER. The third time, and that the vote on pas- vote on cloture on the underlying fi- question is on agreeing to the Vitter sage of the bill occur at 12 noon on nancial fraud legislation. We will de- motion. Tuesday, notwithstanding rule XII, termine what time Tuesday morning The yeas and nays have been ordered. paragraph 4, without further inter- we will vote on final passage of that The clerk will call the roll. vening action or debate; that once clo- bill, if cloture is invoked. Again, we The legislative clerk called the roll. ture has been filed, the mandatory will vote Monday night at about 5:30 on Mr. DURBIN. I announce that the quorum be waived; provided further cloture, and sometime Tuesday morn- Senator from Massachusetts (Mr. KEN- that at 4:30 p.m. Monday, there be 60 ing we will vote on final passage. NEDY), the Senator from West Virginia minutes of debate prior to the cloture At this stage, we have a tentative (Mr. ROCKEFELLER), the Senator from vote, with the time equally divided and agreement to have 6 to 8 hours of de- Vermont (Mr. SANDERS), and the Sen- controlled between the leaders or their bate on Sebelius, and we would have ator from Rhode Island (Mr. WHITE- designees. passage of that by a 60-vote margin on HOUSE) are necessarily absent. The PRESIDING OFFICER. Is there her sometime late Tuesday. Mr. KYL. The following Senators are objection? Following that, we are trying to necessarily absent: the Senator from The Chair hears none, and it is so or- work something out on Mr. Strickland, Alaska (Ms. MURKOWSKI) and the Sen- dered. who is one of the secretaries for Ken ator from Kansas (Mr. ROBERTS). CLOTURE MOTION Salazar. I talked to Senator BUNNING. The PRESIDING OFFICER. Are there Mr. REID. Mr. President, I send a We are trying to get him some infor- any other Senators in the Chamber de- cloture motion to the desk. mation to which he is entitled. If we siring to vote? The PRESIDING OFFICER. The clo- can get that information, we will get The result was announced—yeas 63, ture motion having been presented that done very quickly. If we cannot, nays 30, as follows: under rule XXII, the Chair directs the then Senator BUNNING has agreed to a [Rollcall Vote No. 169 Leg.] clerk to read the motion. The legislative clerk read as follows: reasonable period of time—and Senator YEAS—63 MCCONNELL and I will determine what CLOTURE MOTION Akaka Crapo Lugar We, the undersigned Senators, in accord- that is—to have a debate and a 60-vote Alexander DeMint Martinez ance with the provisions of rule XXII of the margin on his approval. Barrasso Dorgan McCain Hopefully, if the conference is com- Baucus Ensign McCaskill Standing Rules of the Senate, hereby move Bayh Enzi McConnell to bring to a close debate on the committee pleted on the budget, we would go to Begich Feingold Nelson (NE) substitute amendment to S. 386, the Fraud that sometime Wednesday, with a stat- Bennet Graham Nelson (FL) Enforcement and Recovery Act of 2009. utory 10 hours on it. Bennett Grassley Pryor Patrick J. Leahy, Debbie Stabenow, Kent That is where we are. It has been a Bond Gregg Reid Conrad, Barbara Boxer, Patty Murray, Brownback Hagan Risch difficult time. I am sorry to have ev- Bunning Hatch Sessions Herb Kohl, Jeff Bingaman, Russell D. eryone concerned about the Saturday Burr Hutchison Shelby Feingold, Bernard Sanders, Bill Nelson, cloture vote, but that is how things Byrd Inhofe Snowe Ben Nelson, Richard Durbin, Jack work. Carper Isakson Specter Reed, Amy Klobuchar, Robert P. Casey, Chambliss Johanns Stabenow Jr., Claire McCaskill, Harry Reid. I say to my friend Dr. COBURN, he is Coburn Johnson Thune a thorn in my side, but he is a real gen- Cochran Klobuchar Udall (CO) f tleman, as I have said before. I think Collins Kohl Vitter UNANIMOUS CONSENT AGREE- Conrad Kyl Voinovich this is going to work out very well for Corker Landrieu Webb MENT—EXECUTIVE CALENDAR everybody. We all have a lot of things Cornyn Lincoln Wicker Mr. REID. Mr. President, as in execu- already scheduled the next few days. NAYS—30 tive session I ask unanimous consent Having the Saturday vote would do a Bingaman Gillibrand Merkley that on Tuesday, April 28, at 10 a.m., lot of damage to a lot of plans—these Boxer Harkin Mikulski the Senate proceed to executive session are not vacation plans, but whatever Brown Inouye Murray to consider the Calendar No. 62, the plans people have in their home States. Burris Kaufman Reed nomination of Kathleen Sebelius to be I hope that answers everybody’s ques- Cantwell Kerry Schumer Cardin Lautenberg Shaheen Secretary of Health and Human Serv- tions. Casey Leahy Tester ices; that there be 8 hours of debate I have not said this often enough. I Dodd Levin Udall (NM) with respect to the nomination, with remind everyone that all the press is Durbin Lieberman Warner Feinstein Menendez Wyden the time equally divided and controlled interested in is seeing Senator MCCON- between the leaders or their designees; NELL and me jostle. We jostle very lit- NOT VOTING—6 that upon the use or yielding back of tle. We have an understanding as to Kennedy Roberts Sanders time, the Senate proceed to vote on the Murkowski Rockefeller Whitehouse what is good for this body, and some- confirmation of the nomination and times our views of what is good for this The motion was agreed to. that the confirmation be subject to an body are different but not very much. I The PRESIDING OFFICER. Under affirmative 60-vote threshold; that express my appreciation to him for all the previous order, all statutory time upon achieving that threshold, the the work we have been able to get done is yielded back, and the Chair appoints nomination be confirmed, the motion this week, which has been very dif- the following conferees on the part of to reconsider be laid on the table and ficult, and to work this out for a Mon- the Senate: Mr. CONRAD, Mrs. MURRAY, there be no further motions in order, day vote. and Mr. GREGG. the President be immediately notified The PRESIDING OFFICER. The Sen- f of the Senate’s action, and the Senate ator from North Dakota. then resume legislative session. Mr. CONRAD. Mr. President, we still FRAUD ENFORCEMENT AND RECOVERY ACT OF 2009—Continued The PRESIDING OFFICER. Is there have pending the motion of Mr. VIT- objection? TER, the Senator from Louisiana. That Mr. REID. Mr. President, I ask unan- The Republican leader. was an amendment that was taken by imous consent that the vote on the clo- Mr. MCCONNELL. Mr. President, I unanimous consent or voice vote dur- ture motion on the substitute amend- ask there be a modification to allow ing the budget resolution. It is now ment to S. 386 occur at 5:30 p.m., Mon- Senator BUNNING 20 minutes of the here as a motion to instruct. Obvi- day, April 27; that if cloture is invoked, time available for the nomination of ously, we are going to have a rollcall all postcloture time be yielded back Kathleen Sebelius. vote on it. We asked the Senator to and any pending germane amendments Mr. REID. No problem at all with withhold. He has asked to have a roll- be disposed of; then the substitute that, Mr. President.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10559 The PRESIDING OFFICER. If there He loved sports activities. He was a party. Steve never made it to the bach- is no objection to the request as modi- season ticket holder for the Wash- elor party himself. He spent the night fied, it is so ordered. ington Wizards. He never missed a making sure everything was ready for Mr. REID. Mr. President, I would fi- home game. He loved the Redskins and the reception. nally say we are working on Tom hated the Dallas Cowboys. He was cer- One colleague recalled the time he Strickland. Senator BUNNING has writ- tainly willing to say that at any time. wanted to get a limousine for his ten a letter to Mr. Strickland. He is en- Steve has been a member of the Ser- daughter on prom night but couldn’t titled to a response, either orally or in geant at Arms team and family. For 32 afford to spend the money. He told writing. We hope to get that for him years he has been with Capitol Facili- Steve about it at work one day, and tomorrow. But we will work that out ties, ensuring the service needs of the the night of the prom, Steve showed up next week, we hope. We are going to be Capitol were met. It was bringing wood at the house in a black Mercedes Benz in session tomorrow. Hopefully I can to an office, it was doing some work that he had washed and waxed for the have that information for Senator BUN- that needed to be done because some- occasion. Not only could the daughter NING tomorrow. one had messed up an office, moving use Steve’s car for the prom—she could f furniture—whatever it was, he was have him as a chauffeur too. A couple available. years later, Steve did the same thing EXECUTIVE SESSION He was a native Washingtonian, mar- for the girl’s younger brother. ried to his wife Michelle for 26 years. A lot of us have been here a long Steve had one child, a son, Steven, Jr. time, but few of us have been here as EXECUTIVE CALENDAR He is 25 years old. His son Steven, Jr. long as Steve was. He loved his job. He Mr. DURBIN. Mr. President, I ask and his wife Michelle of course were took a lot of pride in doing it well. And unanimous consent the Senate proceed both stunned when Steve died. He was anytime someone new came on board, to executive session to consider Cal- only 52 years old. He was born on April they knew they could learn the ropes, endar No. 47; that the nomination be 12. and a lot more, from Steve Mosley. confirmed, the motion to reconsider be As I said, he loved the Redskins; was Senator REID mentioned earlier that laid upon the table, no further motions a season ticket holder. Also, he loved the Senate is really a family. And be in order; that any statements relat- Cadillacs and he had two of them. whenever we lose somebody in the Sen- ing to the nomination be printed in the I think one of the most important ate, whichever office they are from or RECORD; that the President be imme- things to remember about Steve is that duty they perform, we lose a member diately notified of the Senate’s action, he cared deeply about people. He was of the family. And with Steve it is like and the Senate then resume legislative always the first to help, whether it was we are losing one of the elders in that session. an Easter basket for one of the people family. He takes a lifetime of proud The PRESIDING OFFICER. Without who worked here who was in need of a service with him and he leaves a distin- objection, it is so ordered. little extra, or, for people who needed a guished legacy and many friends be- The nomination considered and con- ride, his Cadillac was always available hind. firmed is as follows: to take them wherever they needed to So on behalf of the entire Senate, I DEPARTMENT OF DEFENSE go. want to extend our condolences to Ashton B. Carter, of Massachusetts, to be He died way too soon and we, as a Steve’s wife, Michelle, and to their son, Under Secretary of Defense for Acquisition, Senate, certainly are not as good as we Steven, Jr, for their loss. And I want to Technology, and Logistics. were before Steve died. He was loved by take this opportunity to express my f all of his coworkers at Capitol Facili- deep appreciation and my thanks to ties in the Capitol. I will miss him. We our friend Steve for his many years of LEGISLATIVE SESSION all will miss him. I want the RECORD to devoted service. The PRESIDING OFFICER. Under be spread with the knowledge to his We will all miss him. the previous order, the Senate resumes family that we cared about Steve as he f legislative session. cared about us. CHINA f Our thoughts go with his family, that they will be able to work through this Mr. DORGAN. Mr. President, I am MORNING BUSINESS time of bereavement as we look toward chairman of the Congressional-Execu- Mr. DURBIN. Mr. President, I ask a brighter day. tive Commission on China, and I want unanimous consent the Senate proceed Mr. MCCONNELL. Mr. President, I to say a few words about China and a to a period of morning business, with rise to note the sad and sudden passing very courageous man in China who we Senators permitted to speak for up to of a very familiar face to me and to believe now is in a Chinese prison and 10 minutes each. many others around the Capitol. likely being tortured. I think it is very The PRESIDING OFFICER. Without Steve Mosley had been a fixture on important for our country to speak out objection, it is so ordered. the Capitol Facilities staff for 32 years about this issue. f when he passed away last night—and Let me say first, there are many those of us who knew him will miss his thoughtful and independent people in TRIBUTE TO STEVEN MOSLEY great disposition and all that he did for China today who understand the im- Mr. REID. Mr. President, we talk a so many years behind the scenes to portance of fundamental rights and the lot around here about being a family, keep this place running smoothly. role of strong and independent legal in- and we are. There are people we learn It has been noted that Steve was a stitutions. A few of these people work to like a lot. A lot of times we see pretty serious Redskins fan. That is an for the Chinese Government. Many these people just passing through as understatement. People who knew him work at universities or with U.S. com- they are doing their jobs. say they can’t remember him ever panies and law firms. They care about One of the people I have known since missing a single home game, rain or the rule of law. Some of have cooper- I have come to the Senate is a man by shine. And he liked to share his enthu- ated with US agencies to increase food the name of Steve Mosley. If I had a siasm for the Skins with colleagues, safety and improve security for coal picture of Steve Mosley, everyone particularly the Cowboy fans. miners, and others. Those are the folks would recognize him. He is a big man, But Steve’s friends also remember in China who get it. always smiling. He was someone who him for his generosity. There are also independent men and came to my office quite often for dif- Like the time he offered to help set women in China who take a different ferent things he was assigned to do. I up the wedding reception of one of his approach. They apply what they know had a number of conversations with colleagues so the colleague would be about the rule of law and the role of him. able to go out and enjoy his bachelor fundamental rights in very much the

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10560 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 same way. Except that they choose to The treatment for that family in re- to be with his family and begin to ac- sound the alarm when the rights of vul- cent months was so brutal they decided cord people like Mr. Gao and others, nerable people are violated. And in so their survival depended on escaping who stand up for the rights of others, doing, they go to great lengths and China. But Gao was too closely mon- the same human rights we would ex- place themselves at enormous personal itored and could not think of leaving pect them to be given? risk. They defend the interests of con- them without placing his family at China will be a significant part of our sumers whose children are poisoned by even greater risk. future. I understand that. My plea powdered milk. They help the families So in January, Gao’s wife, 6-year-old today is to the Government of China to of earthquake victims. They seek to son, and 16-year-old daughter were do the right thing with respect to this represent the rights of illegally de- smuggled out of China. They then trav- courageous and brave man. tained Tibetan monks. They stand up eled to the United States. After his As I indicated, his wife, Geng He, is for their country and its people. By family fled China, security agents with us today here in Washington, DC. doing this, they are claimed to be en- seized Gao from his bed and he has not I am not permitted to point her out in emies of the state. So who are the en- been seen or heard from since. the Senate galleries. But she, too, is a emies of the state? We know this situation is extremely very courageous woman, and she wish- I want to tell you about one man grave because we know what the Chi- es very much to have this courageous today, a man who is very courageous, a nese have done to him in their prison man, her husband, released from deten- man named Gao Zhisheng. His wife is system previously. They have not of- tion in China and be given his freedom. visiting Washington, DC, today. I want fered the slightest word about his Mr. DODD. Mr. President, will my to tell you about him because it is so whereabouts, despite repeated requests colleague yield? important for me to do so. from United Nations agencies, the US Mr. DORGAN. Yes. This is a photograph of this coura- government, foreign governments, Mr. DODD. I wish to thank my col- geous lawyer from China: Gao NGOs, and the media. All have asked league from North Dakota. This is a Zhisheng, with his son, his wife, and for information about the whereabouts very valuable contribution my col- his daughter. He disappeared 80 days of this courageous human rights law- league has made. It may only be one ago and has not been heard from since. yer, and the Chinese Government has individual, one family, but I think We know 2 years ago he was arrested said nothing. when we speak up on behalf of an indi- by the Chinese secret police and put in The Chinese Government has signed vidual such as Mr. Gao, we do so for a prison and tortured—tortured with or ratified many international human lot of other people across the globe who electric shock and other devices I will rights commitments about Mr. Gao face the same kinds of restrictions he not describe. Zhisheng that require it to come clean is going through. I wish to join with What was his transgression then? He about Mr. Gao. I call on, and we call him in expressing our concern. wrote an open letter to the U.S. Con- on, today, the Chinese Government to I urge my colleagues to maybe craft gress asking us to pay some attention allow Mr. Gao to have access to a law- a letter of some kind we might be able to the lack of human rights that ex- yer, access to his family, and for the to send to the Ambassador here in isted in China. For writing an open let- government to publicly state and jus- Washington or to the appropriate gov- ter to Members of the U.S. Congress, in tify the grounds for the continued de- ernmental personalities or agencies in 2007, Gao Zhisheng, one of the most tention of this courageous person. China to express our collective concern noted and distinguished human rights The right to speak freely and the about this. I am the second-ranking lawyers in China, was imprisoned for right to challenge the Government—all member of the Foreign Relations Com- over 50 days and brutally tortured. of these are enshrined in the Chinese mittee, and I have a deep interest in Now, in 2009, he taken from his bed Constitution. Yet it appears the Chi- what he is talking about. by 10 members of the secret police, and nese Government and the Communist I thank him immensely for taking a has not been heard from since. Let me Party that runs that Government is in- few minutes this afternoon to address tell you what has transpired. tent on upholding the violation of this issue. As the Senator points out, Mr. Gao Zhisheng has represented these basic constitutional rights in the we are not allowed to recognize people some of the most vulnerable people in case of Mr. Gao. who are in the Chamber, but let it be China. They include persecuted Chris- As I indicated, I am chairman of the said that there is an individual who is tians, exploited coal miners, banned Congressional-Executive Commission with us during these remarks who is Falun Gong practioners, and so many on China. We have the largest and the the wife of this individual. We thank others. He has always believed in the most significant publicly accessible re- her for her courage, her family’s cour- power of law, using the law to battle pository of political prisoners in China. age, and we will do everything we can corruption, to overturn illegal property We have the largest, publicly acces- to support the efforts of our colleague seizures, to expose police abuses, to de- sible data base of information about from North Dakota. fend religious freedom. He is a devout many thousands of Chinese political The PRESIDING OFFICER. The Sen- Christian. He has fought to protect prisoners. ator from North Dakota. those who engage in peaceful spiritual There are many people today who Mr. DORGAN. Mr. President, I know and religious practice in China. languish in dark cells—dark cells—of the Senator from Utah will be recog- In 2005, the government took away Chinese prisons because they spoke out nized. I wish to say that earlier this his license to practice law, closed his to defend the rights of others. None has week and later today I will be here to law practice. As I said, in 2007, they ar- done so more than Mr. Gao, who is a talk about Roxana Saberi, who is im- rested him, threw him in prison, and noted and celebrated human rights prisoned in Iran. She is a constituent tortured him. Eventually, he was re- lawyer, who has lost his law office, lost of mine. I have great concern about leased and brought back home and his legal license, been imprisoned mul- these circumstances in Iran and China placed under house arrest. The police tiple times, has now been ‘‘dis- and elsewhere, as all of us do. My surveillance proved almost harsher appeared’’ into the prison system, was thoughts and prayers are with Roxana than prison. In fact, authorities mon- tortured before, and we expect has been and her family. Similarly, my thoughts itored the family’s every movement, tortured again. We need to put a stop and prayers are with the family of Mr. stationed an officer in the family’s liv- to it. Gao. ing room, prevented his daughter from We need to find a way to convince I am happy to yield the floor. going to school, a kind of collective the Chinese Government to tell us The PRESIDING OFFICER. The Sen- punishment. His 16-year-old daughter what has happened to Mr. Gao. What ator from Utah. was barred from attending school. have they done with him? How do they Mr. HATCH. Mr. President, I am in- There was 24-hour surveillance of this justify it? And when, when, when will debted to the distinguished Senator traumatized family. they tell us they will release this man from North Dakota for his remarks

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10561 today, and I certainly join with him in Connelly, of Union Beach, NJ; CPT phen M. Okray, of St. Clair Shores, MI; requesting the Chinese Government to Brian M. Bunting, of Potomac, MD; SPC Stephen G. Zapasnik, of Broken make this matter right. I am very SGT Schuyler B. Patch, of Owasso, OK; Arrow, OK; LCpl Thomas Reilly Jr., of grateful he has taken the time to come SGT Scott B. Stream, of Mattoon, IL; London, KY; PFC Coleman W. and tell us about Mr. Gao as well as SGT Daniel J. Thompson, of Madison, Hinkefent, of Coweta, OK; SSG Jona- this wonderful woman who is being WI; 1LT William E. Emmert, of Lin- than W. Dean, of Henagar, AL; PVT held in Iran. I wish to compliment him coln, TN; CPL Michael L. Mayne, of Colman J. Meadows III, of Senoia, GA; for it and say that I wish to be identi- Burlington Flats, NY; CPL Michael B. SSG Solomon T. Sam, of Majuro, Mar- fied with his remarks. Alleman, of Logan, UT; CPL Zachary shall Islands; SGT John J. Savage, of f R. Nordmeyer, of Indianapolis, IN; SSG Weatherford, TX; CPT Robert J. Mark C. Baum, of Telford, PA; SSG HONORING OUR ARMED FORCES Yllescas, of Lincoln, NE; MSG Anthony Jeremy E. Bessa, of Woodridge, IL; Davis, of Deerfield, FL; Capt Warren A. Mr. LAUTENBERG. Mr. President, MSG David L. Hurt, of Tucson, AZ; Frank, of Cincinnati, OH; 1LT William another 5 months have passed, and PFC Cwislyn K. Walter, of Honolulu, K. Jernigan, of Doraville, GA; SFC more American troops have lost their HA; SSgt Timothy P. Davis, of Aber- Miguel A. Wilson, of Bonham, TX; PVT lives overseas in Iraq and Afghanistan. deen, WA; SFC Raymond J. Munden, of Charles Yi Barnett, of Bel Air, MD; I wish to honor their service and sac- Mesquite, TX; SSG Daniel L. Hansen, GySgt Marcelo R. Velasco, of Miami, rifice by including their names in the of Tracy, CA; CPL Stephen S. Thomp- FL; RECORD. son, of Tulsa, OK; SSG Sean D. Dia- We cannot forget these men and Since I last included the names of mond, of Dublin, CA; SSG Marc J. women and their sacrifice. These brave our fallen troops on November 20, 2008, Small, of Collegeville, PA; LTC Garnet souls left behind parents, spouses, chil- the Pentagon has announced the R. Derby, of Missoula, MT; SGT Joshua dren, siblings, and friends. We want deaths of 123 troops in Iraq and in Op- A. Ward, of Scottsville, KY; SPC Albert them to know the country pledges to eration Enduring Freedom, which in- R. Jex, of Phoenix, AZ; PFC Jonathan preserve the memory of our lost sol- cludes Afghanistan. They will not be R. Roberge, of Leominster, MA; LCpl diers who gave their lives for our coun- forgotten and today I submit their Kevin T. Preach, of Bridgewater, MA; try. names into the RECORD: SSG Jason E. Burkholder, of Elda, OH; STAFF SERGEANT GARY LEE WOODS, JR. LCpl Ray A. Spencer II, of 1LT Jared W. Southworth, of Oakland, Mr. BAYH. Mr. President, I rise Ridgecrest, CA; PFC Richard A. IL; SPC Christopher P. Sweet, of today with a heavy heart to honor the Dewater, of Topeka, KS; CPL Fran- Kahului, HI; SGT James M. Dorsey, of life of SSG Gary Lee Woods, Jr., from cisco X. Aguila, of Bayamon, Puerto Beardstown, IL; SGT Darrell L. Shepherdsville, KY. Gary was 24 years Rico; SGT Raul Moncada, of Madera, Fernandez, of Truth or Consequences, old when he lost his life on April 10, CA; SPC Michael J. Anaya, of NM; CW4 Milton E. Suggs, of Lockport, 2009, from injuries sustained from a Crestview, FL; SSG Gary L. Woods Jr., LA; CWO Phillip Windorski Jr, of truck bomb that detonated near his ve- of Lebanon Junction, KY; SFC Bryan Bovey, MN; CWO Matthew G. Kelley, of hicle in Mosul, Iraq. He was a member E. Hall, of Elk Grove, CA; SGT Edward Cameron, MO; CWO Joshua M. Tillery, of the 1st Battalion, 67th Armor Regi- W. Forrest Jr., of St. Louis, MO; CPL of Beaverton, OR; CWO Benjamin H. ment, 4th Infantry Division of Fort Jason G. Pautsch, of Davenport, IA; Todd, of Colville, WA; Sgt David W. Carson, CO. PFC Bryce E. Gautier, of Cypress, CA; Wallace III, of Sharpsville, PA; Sgt Today, I join Gary’s family and A1C Jacob I. Ramsey, of Hesperia, CA; Trevor J. Johnson, of Forsyth, MT; friends in mourning his death. Gary, LCpl Blaise A. Oleski, of Holland Pat- PVT Grant A. Cotting, of Corona, CA; who was known to family and friends ent, NY; LCpl Stephen F. Dearmon, of LCpl Julian T. Brennan, of Brooklyn, by his middle name, Lee, will forever Crossville, TN; SPC Adam M. NY; SGT Kyle J. Harrington, of Swan- be remembered as a loving husband, Kuligowski, of Arlington, VA; SPC sea, MA; SPC Matthew M. Pollini, of son, and friend to many. He is survived Israel Candelaria Mejias, of San Rockland, MA; SGT Ezra Dawson, of by his devoted wife, Christie; his father Lorenzo, Puerto Rico; SGT Daniel J. Las Vegas, NV; SSG Carlo M. Robin- and stepmother Gary and Debbie Beard, of Buffalo, NY; TSgt Phillip A son, of Lawton, OK; PFC Ricky L. Tur- Woods; his mother and stepfather Myers, of Hopewell, VA; SGT Devin C. ner, of Athens, AL; SSG Roberto Becky and Pat Johnson; sisters Poche, of Jacksonville, NC; LCpl Nel- Andrade Jr., of Chicago, IL; SSG Josh- Britteny and Heather Woods and son M. Lantigua, of Miami, FL; LTJG ua R. Townsend, of Solvang, CA; SrA Mandy Maraman; brothers Courtney Francis L. Toner IV, of Narragansett, Omar J. McKnight, of Marrero, LA; Sgt and Troy Woods and Newman and RI; LT Florence B. Choe, of El Cajon, Marquis R. Porter, of Brighton, MA; Corey Johnson; grandparents Marilyn CA; SSG Raphael A. Futrell, of Ander- LCpl Daniel R. Bennett, of Clifton, VA; Waters and Nancy and Charlie Ratliff; son, SC; SGT Jose R. Escobedo Jr., of PVT Sean P. McCune, of Euless, TX; in-laws Rick and Elaine Houston; and a Albuquerque, NM; Cpl Michael W. SGT Joshua L. Rath, of Decatur, AL; host of other friends and relatives. Ouellette, of Manchester, NH; Cpl An- SPC Keith E. Essary, of Dyersburg, TN; Gary, a member of the JROTC at thony L. Williams, of Oxford, PA; LCpl SSG Justin L. Bauer, of Loveland, CO; Bullitt Central High School, joined the Daniel J. Geary, of Rome, NY; PFC MAJ Brian M. Mescall, of Hopkinton, Army following his graduation from Adam J. Hardt, of Avondale, AZ; SPC MA; SPC Joseph M. Hernandez, of high school. A gifted musician, Gary Gary L. Moore, of Del City, OK; SGT Hammond, IN; SGT Jason R. Parsons, sang and played the trombone, drums, Christopher P. Abeyta, of Midlothian, of Lenoir, NC; LCpl Jessie A. Cassada, piano and guitar. He was also an ac- IL; SGT Robert M. Weinger, of Round of Hendersonville, NC; SSG Anthony D. complished athlete and a member of Lake Beach, IL; SPC Norman L. Cain Davis, of Daytona Beach, FL; LCpl Bullitt’s football team. III, of Oregon, IL; SSgt Archie A. Tay- Chadwick A. Gilliam, of Mayking, KY; While we struggle to express our sor- lor, of Tomball, TX; SSgt Timothy L. LCpl Alberto Francesconi, of Bronx, row over this loss, we can take pride in Bowles, of Tucson, AZ; PO1 Theophilus NY; PFC Christopher W. Lotter, of the example Gary set as a soldier. K. Ansong, of Bristow, VA; LCpl Pat- Chester Heights, PA; PFC Benjamin B. Today and always, he will be remem- rick A. Malone, of Ocala, FL; PFC Pat- Tollefson, of Concord, CA; SPC Tony J. bered by family and friends as a true rick A. Devoe, II, of Auburn, NY; 1LT Gonzales, of Newman, CA; LCpl Robert American hero, and we cherish the leg- Daniel B. Hyde, of Modesto, CA; SPC L. Johnson, of Central Point, OR; CPL acy of his service and his life. Jessica Y. Sarandrea, of Miami, FL; Charles P. Gaffney Jr., of Phoenix, AZ; As I search for words to do justice to SGT Jeffery A. Reed, of Chesterfield, MASA Joshua D. Seitz, of Sinking this valiant fallen soldier, I recall VA; Cpl Donte J. Whitworth, of Springs, PA; MAJ John P. Pryor, of President Abraham Lincoln’s words as Nobelsville, IN; SGT Simone A. Robin- Moorestown, NJ; SSG Christopher G. he addressed the families of soldiers son, of Dixmoor, IL; CPL Brian M. Smith, of Grand Rapids, MI; SPC Ste- who died at Gettysburg:

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10562 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 We cannot dedicate, we cannot consecrate, officials of Horry County, the South I also thank the Montana National Guard we cannot hallow this ground. The brave Carolina Red Cross, and the others who that presented the colors. You have served men, living and dead, who struggled here, are pitching in right now to put out our Nation well in putting yourself in harms have consecrated it, far above our poor this fire. My understanding is that the way and you continue to serve through your power to add or detract. The world will little community service. As United States Sen- note nor long remember what we say here, Red Cross has shelters open in North ators John McCain and Dan Inouye—them- but it can never forget what they did here. Myrtle Beach and is housing several selves both war heroes have often pointed hundred people tonight. This statement is just as true today out—American Indians have a proud tradi- I want to applaud our firefighters for as it was nearly 150 years ago, as we tion of serving in the military in the highest always standing ready to answer the percentage of any ethnic group in the United can take some measure of solace in call to action. I pray that they accom- States. We ask our Creator for Godspeed for knowing that Gary’s heroism and plish their mission soon and come all Americans that serve this great country memory will outlive the record of the home safely to their families. And I in places far away and pray for their families words here spoken. who also make tremendous sacrifices for the pray for the families who have suffered It is my sad duty to enter the name freedoms we have. devastating losses. of Gary Lee Woods, Jr. in the RECORD May I ask Bruce Sun Child from the Chip- of the Senate for his service to this f pewa Cree Tribe to lead us in a prayer. country and for his profound commit- (Sun Child speaks in the Cree language.) STATE OF THE INDIAN NATION Thank you Bruce for your words of prayer. ment to freedom, democracy and peace. Mr. TESTER. Mr. President, Mon- I am pleased to introduce the Tribal Gov- I pray that Gary’s family can find com- tana has a long history with its first ernment leaders that have joined us today. fort in the words of the prophet Isaiah citizens, the Native American Indian (Identifies tribal leaders by name) who said, ‘‘He will swallow up death in people that comprise my State’s eight Tribal leaders, I am honored to represent you today, as Chairman of the Montana-Wy- victory; and the Lord God will wipe tribes. Montana’s history with our away tears from off all faces.’’ oming Tribal Leaders Council and as Chair- tribes, like those at the Federal level, man of the Confederated Salish and Kootenai May God grant strength and peace to has fluctuated greatly over the years. those who mourn, and may God be with Tribes. At first treatment was shameful, char- Honorable Governor Brian Schweitzer and all of you, as I know He is with Gary. acterized by war and violence. After Lieutenant Governor John Bohlinger, thank f the wars, the Federal Government en- you. Throughout your administration, you gaged in neglect, by placing Indians on have opened the front doors of the Capitol to WILDFIRE IN NORTH MYRTLE remote reservations and trying to for- the Tribes and we have walked through those BEACH, SC doors many times. We look forward to con- get about them. At long last, we have Mr. GRAHAM. Mr. President, our tinuing our government-to-government rela- moved to the more progressive and en- tionship throughout the next four years. hearts go out to the people of North lightened policy of today—self-deter- I thank the distinguished members of the Myrtle Beach, SC, today. As you may mination. This shift has been a long Senate and House of Representatives and in know, North Myrtle Beach firefighters, time in coming, but it is critical. particular, the American Indian legislators along with firefighters from around Under this new policy, we appreciate of Montana: South Carolina, are battling the worst tribes as sovereign units of government Representative Shannon Augare, House wildfire to hit that area since 1976. and work with them in that capacity Majority Whip Representative Tony Belcourt While the cause of the fire is un- to become self-sufficient through self- known at this point, high winds have Representative, Frosty Calf Boss Ribs determination. Representative Carolyn Pease-Lopez fanned the flames resulting in a total One of the good things Montana does Representative David Roundstone damage of nearly 15,000 acres—23 on a biennial basis is ask an elected Senator Carol Juneau square miles. My understanding is that tribal chairman to address a joint ses- Senator Sharon Stewart-Peregoy, and Sen- officials on the scene estimate that the sion of the Montana Legislature and ator Jonathan Windy Boy wildfire is about 75 to 80 percent con- present a State of the Indian Nations We look to you for leadership and guidance tained at this point which is good speech. On March 10, 2009, James as the legislative session continues. news. Ninety firefighters from eight Steele, Jr., who is both chairman of the I would also like to recognize the state- different departments from across wide elected officials in attendance today Confederated Salish and Kootenai Superintendent of Public Instruction, Denise South Carolina are currently battling Tribes of the Flathead Reservation Juneau, the first Indian woman to be elected this blaze. and, the recently elected Chairman of to state-wide public office; Attorney General It is at times like these when you the Montana-Wyoming Tribal Leaders Steve Bullock; Secretary of State Linda really appreciate the hard work that Council, addressed my former col- McCulloch and State Auditor Monica our firefighters do on our behalf. You leagues in the legislature. I found his Lindeen. also appreciate the dangers. I under- speech to be a thoughtful call for co- There are members of the Governor’s cabi- stand that last night, two of our South operation in addressing the current net present today, as well as representatives Carolina firefighters had to deploy from the offices of Senator Baucus, Senator economic problems we face. It was also Tester, and Representative Rehberg. their emergency fire shelters when a fascinating description of the history I would especially like to thank and honor they became surrounded by flames. of State/tribal relations. I think my today Mr. Gilbert Horn, Sr. an Assiniboine of Both, I am told, are unhurt. colleagues in Congress will appreciate, the Fort Belknap Indian Reservation, who, At this point, no injuries or fatalities and learn from it. I therefore ask unan- like the more storied Navajos, used the As- have been reported and we should be imous consent to have Chairman siniboine language with Gerald Red Elk of very thankful for that. However, many Steele’s speech printed in today’s the Ft. Peck reservation to create a code our enemies in World War II were never able to have lost their homes. Seventy homes RECORD. have been destroyed with another 29 se- break. At one point in the war Gilbert Horn There being no objection the mate- successfully attacked a Japanese machine verely damaged. I expect that that rial was ordered to be printed in the gun post and despite finding his uniform rid- number, unfortunately, will likely go RECORD, as follows: dled with machine gun bullets managed to up. Anyone who has ever lost a home to Good afternoon. survive unscathed. He was awarded the Con- a fire understands the sense of terrible Thank you House Speaker Bob Bergren. gressional Medal of Honor but this humble loss—the loss of the house they grew up Thank you Senate President Robert Story. man felt like he didn’t deserve special rec- in and the loss of irreplaceable family Thank you also to Margarett Campbell, a ognition because he was only doing his job. heirlooms. Fort Peck Tribal member and the first In- Thank you Gilbert Horn for your service to I want to thank North Myrtle Beach dian House Majority Floor Leader. this country. Thank you for the opportunity to speak in Thank you all. Mayor Marilyn Hatley, the Governor, this distinguished chamber and for the op- Elected leaders, tribal elders, ladies and his emergency management team, the portunity to speak to the leaders of Mon- gentlemen: On behalf of the Tribal Nations Forestry Commission, the State Fire tana, who have gathered here for this State across the State of Montana, I am honored Marshall, the State national guard, the of the Tribal Nations address. to present the State of the Tribal Nations

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10563 address. My name is James Steele, Jr., and I particular land base and want what other in- Stars Coal-to-Liquids Project. This effort am the Chairman of the Confederated Salish terests groups want. We are the successors in will bring significant opportunities to the and Kootenai Tribes and the Chairman of the interest to those who signed treaties with Crow people and to all Montanans, through Montana-Wyoming Tribal Leaders Council. the United States that allowed for Montana the creation of 4,000 Montana-based jobs, an We live in times of tremendous change, po- to be created. The United States does not increased tax base, and will have a vast posi- litically and economically. We have seen his- sign Treaties with interest groups, they sign tive economic impact. tory made in the election of President treaties with governments and our treaties The GROS Ventre and Assiniboine Tribes Barack Obama and his appointments of the were ratified by the United States Senate. of the Fort Belknap Reservation have used most diverse cabinet in the history of the na- They are binding contractual agreements in their Indian Country Economic Development tion. which we reserved to ourselves the rights of funds for the creation of the Little River And we have also lost a great leader. This self-government and when the western states Smokehouse. This has brought great pride to past month, Crow Tribal Chairman Carl joined the Union their enabling acts com- the Assiniboine and Gros Ventre people. Venne passed away—a tremendous loss for mitted them to respecting that authority. Thank you for this important program and the Crow Nation, Montana, and the Country. There are times when this phenomenon has please continue its funding this session. Carl was a former Chairman of the Montana- created jurisdictional problems but to a The Little Shell Chippewa Tribes continue Wyoming Tribal Leaders Council and gave great extent Montana, particularly in more to receive our support in their endeavors to this address during the 2007 legislative ses- recent years, has come to understand that gain federal recognition. Senators Max Bau- sion. Please let us honor the passing of this our relationship is one of two governments cus and Jon Tester and Congressman Denny great leader, this great man, and my friend, that must be built on mutual respect. I be- Rehberg have also supported the tribes in with a moment of silence. lieve that by carrying out this relationship their 31-year effort for recognition. The Charles M. Russell painting that domi- in a mutually respectful fashion we can bet- The Northern Cheyenne is delicately bal- nates this Chamber serves as a reminder of ter the lives of the people who live on Indian ancing energy development to create jobs the historic relationship between the Tribes reservations as well as those who do not. I while being environmentally conscience with and those who came west to this great coun- believe that Indian reservations are good for their traditional values. try. Charlie Russell recognized that the com- Montana and can in fact significantly aid The Assiniboine and Sioux Tribes of the ing of Lewis and Clark had a profound im- Montana in the area of economic develop- Fort Peck Reservation are proud to report pact on the Indian people, as our way of life ment. that they were the first to sign a revenue was changed forever. In 1805, the economies At this time it is important that we focus sharing agreement with the State of Mon- of Native America were strong and thriving. on economic development, job creation, edu- tana to eliminate duplicate taxation of new In fact, in his orders to Lewis and Clark, cation and health care. These things go hand oil and gas development on the reservation. President Jefferson instructed the two cap- in hand and our concerns are the same as This creates a competitive business environ- tains to take note and report to him on the yours. For too long our people have strug- ment on the reservation, leading to more de- economic activities of the Tribes, for Jeffer- gled in economically depressed communities. velopment of tribal oil and gas resources and son knew they were vibrant. Our families Our country is in the most severe economic increased economic opportunities for tribal were strong units. We depended on each downturn in a generation. But for Indian members. other for our survival. There was food, cloth- Country, this is not new as reservations have The Chippewa Cree Tribe is engaging in en- ing and shelter with a strong religion and long suffered with high levels of unemploy- ergy development on and around the Rocky value system. An interesting aspect of ment. The question is how can Montana help Boy’s Reservation that will create more jobs, Thomas Jefferson is that he had studied the its tribes develop and how can those tribes in generate revenue, and provide direct control governing structure of the six nations that turn assist Montana to develop its economy? over development of land and resources. The comprise the Iroquois Confederacy and he One source of information that I would ask Tribe has partnered with Native American was fascinated by the idea that there could Montana’s officials to look at is the study Resource Partners (NARP) to create a trib- be independent tribal governments who had funded by the State & Tribal Economic de- ally-owned energy company for exploring autonomy from one another but who also velopment Commission and the University of and developing oil and gas resources. The coalesced for their common good. Historians Montana called the Uncovering Economic priorities will be on natural gas exploration believe that the relationship between those Contributions of Montana’s American Indian and development followed by wind energy tribes influenced Jefferson and played a role Tribes. progress. in the crafting of the Constitution and the Montana’s reservations contribute to the The Blackfeet Nation is working to up- establishment of the United States. state economy by purchasing goods and serv- grade Pikuni Industries to manufacture ma- The Russell mural depicts an event that ices from surrounding communities through- terials for Defense Department contracts; took place on September 4, 1805 when Lewis out the state with revenue generated from and oil drilling efforts have increased on the and Clark’s journey embarked on Salish ter- natural resource-based jobs, tribal busi- western side of the Blackfeet Reservation. ritory at Ross Hole. The encounter between nesses, federal funds that support some trib- The Tribe is also in discussion with wind en- them and the Salish tribal people was a mon- al operations and revenue from tribal assets. ergy producers about several wind projects umental event that ultimately led to the Cooperative agreements between the on the Reservation. success of the expedition. The Salish people Tribes and State will improve the economic These are just a few examples—from graciously provided the explorers with fresh conditions of the reservations and would among many—of the efforts tribal govern- horses, food and other vital supplies that benefit the State of Montana. ments are making to improve the health and were needed for their trek across the Bitter- State and tribal leaders, consider these well-being of our peoples. root Mountains to the Pacific Ocean. areas for cooperative agreements: Even with high rates of unemployment, Without our assistance at Ross Hole and Partnerships focused on bringing a busi- the seven Indian Reservations of Montana that of other tribes along the way, who ness development approach to tribal commu- and the state-recognized Little Shell Band of knows what the outcome of the journey nities though technical assistance and stra- Chippewa, contribute a combined total of $1 would have been. These people came looking tegic partnerships. billion annually to the Montana economy. for a new life, for opportunity, for the free- Improve management skills and the ability Those numbers may surprise some people, dom to practice any religion they chose. to land job-creating grants by using tribal but to those of you who work every day to They came looking for hope and opportunity, colleges to train the workforce. make your home communities better for and we as Indian people hold that in common Assist Tribes with due diligence on energy your people, these figures come as no sur- with them today. Maybe if Indian people had development technologies. prise. a strong policy on immigration things might These are just a few items to consider in This is an important time to come to- have turned out quite differently!! the efforts to improve the health and well- gether. It’s important to remind ourselves Today, we begin another partnership. It is being of our communities. and our surrounding communities that to- a partnership that must be based on mutual The Salish and Kootenai Tribes are map- gether, we are greater than the sum of our respect and an understanding. We all must ping out our future as energy providers. This parts. An example of that played out when benefit if we as a state are to move forward. effort will reach a new stage in 2015 when Transportation Director Jim Lynch reached What is essential if we as Indian people are CSKT purchases Kerr Dam and becomes a out to Indian Country to coordinate con- going to survive is that the State of Mon- supplier of hydroelectric energy. CSKT has ference calls about economic stimulus dol- tana accepts the most basic premise that In- also successfully managed our local electric lars and transportation funds. Our Nations dian tribes are sovereign units of govern- utility, Mission Valley Power, for the past 20 are hungry for improvement and the tax sta- ment. It should be noted that the Constitu- years and now serves 14,000 Indian and non- tus of Indian reservations can be attractive tion of the United States identifies three Indian customers. to industry. units of government and those are federal, The great Crow Nation has taken a bold In the more immediate term, during this state and Indian tribal governments. We are step and signed an agreement with the Aus- legislative session, you will hear many ideas not racial groups who happen to live on a tralian Energy Company to form the Many to help make Montana, even better.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10564 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 The Governor has already signed into law nating April 24 through 26, 2009, as In an effort to recognize and support Senate Bill 39, sponsored by Senator Carol Global Youth Service Days. S. Res. 105 youth volunteers in my State, I am Juneau, extending the duration of the Re- recognizes and commends the signifi- proud to acknowledge some of the ac- served Water Rights Compact Commission. I cant community service efforts that thank Senator Juneau, this legislative body, tivities that will occur this year in and the Governor for taking quick action on youth are making in communities Alaska in observance of National and this bill, which is so vital to the economic across the country and around the Global Youth Service Days: future of my people and all Montanans. SB 39 world on the last weekend in April and Anchorage’s Promise, which works to will allow the CSKT and the State the time every day. This resolution also encour- mobilize all sectors of the community to negotiate a water compact that is fair for ages the citizens of the United States to build the character and competence all who live on the reservation. to acknowledge and support these vol- of Anchorage’s children and youth, has While there are many bills worthy of sup- unteer efforts. S. Res. 105 passed the sponsored the annual Kids’ Day 3-day port, I must urge your support in particular for several bills that are vital in Indian Senate by unanimous consent on April events in Anchorage again this year. Country because of their effect on our econo- 20, 2009. This sends a very strong mes- Youth provided significant service to mies: sage of support to the thousands of their peers and to adults who attended House Bill 161, sponsored by Representa- youth across our great Nation who are Kids’ Day activities last weekend: tive Shannon Augare, ratifying the Black- contributing positively to their com- Students educated the public on the 5 feet water compact. This bill represents a munities your efforts are recognized Promises: Caring Adults, Safe Places, vital step in the journey towards fair and and appreciated. Healthy Start and Future, Marketable just water rights for the Blackfeet Tribe and Over the weekend, beginning this tribal members, and I thank Representative Skills, and Opportunities to Serve. Augare for sponsoring the bill. Friday, April 24, youth from across the Students from King Career Center House Bill 135, sponsored by Representa- United States and around the world served as volunteer safety patrols. tive Tony Belcourt, funding the Peoples will carry out community service Teens served as greeters and passed Creek mitigation account, as part of the projects in areas ranging from hunger out bags, helped vendors set up their Fort Belknap water compact. With this bill, to literacy to the environment. booths, and cleaned up during and after the State begins to fulfill its obligations Through this service, many will em- the event. under the compact to the people of the Fort bark on a lifelong path of service and Junior ROTC members provided secu- Belknap Reservation. Thank you Represent- rity and helped with parking. ative Belcourt—or Landslide Tony as some civic engagement in more than 100 of us call him—for your sponsorship. countries around the world. Teens assisted Anchorage’s Promise Senate Bill 201, sponsored by Senator Jesse This event is not isolated to one Board members with tours and Opening Laslovich, revising the Crow water compact. weekend a year. Global Youth Service Ceremony activities. This important bill allows the Crow Nation Days is an annual public awareness and Three teens assisted the Kids in Na- to access their interest earnings on funds ap- education campaign that highlights ture Workshop for Parents and Care- propriated as part of the State of Montana’s the valuable contributions that young givers instructor. obligation under the compact. With these people make to their communities One youth volunteer assisted staff at monies, the Crow will be able to set up their throughout the year. the Alaska Natural History Museum. water administration office, as well as com- Youth created cards to express sup- plete the ratification process of their water The participation of youth in com- compact in the U.S. Congress. I thank Sen- munity service is not just a nice idea port for our troops. ator Laslovich for sponsoring this legisla- for a way to spend a Saturday after- In addition to the Kids’ Day events, tion. noon. All year long, young people young people from every region of House Bill 158, sponsored by Representa- across America, indeed across the globe Alaska will serve their communities in tive Shannon Augare, allowing for direct identify and address the needs of their the following ways: tribal access to economic development fund- communities through community serv- Youth volunteers, coordinated by ing. This bill allows tribes to directly access the state’s Big Sky Economic Development ice and service-learning opportunities. Covenant House, will bring attention program funding. Representative Augare un- They make positive differences in the to the importance of conservation, re- derstands that the tribes will need to access world around them, learn leadership cycling, and educate youth about all the resources they can to help their peo- and organizational skills, and gain in- Earth Day. ples during these times of economic crisis. sights into the problems of their fellow Various youth service projects will Senate Bill 456, sponsored by Carol Juneau, citizens. be performed by Juneau youth at local exempting tribally owned property from Youth who are engaged in volunteer nonprofits. state property taxes, just as all governments service and service-learning activities Members of the Eagle River Boys & in Montana are exempt from state property taxes. I am thankful for Senator Juneau’s do better in school than their class- Girls Club provided ‘‘kid power’’ to fill persistence in sponsoring this important bill, mates who do not volunteer because 3000 Easter eggs. which is a simple matter of fairness and an they see a direct connection to what The Eielson Air Force Base Youth important symbol of respect for the state- they are learning and the real world in Programs’ Inside & Out Club will clean tribal government-to-government relation- which they live. Youth who engage in to make it shine as much as the kids ship. volunteering and other positive activi- do. I thank you for supporting the Indian ties are also more likely to avoid risky Youth volunteers, coordinated by the Country Economic Development program, behaviors, such as drug and alcohol Anchorage Public Library, will help or- contained in House Bill 2. This program, es- tablished as part of the Governor’s budget in use, crime, and promiscuity. Service ganize summer reading celebration ma- 2005, has been a critical engine of economic within the community also contributes terials. growth in Indian Country, and is now more positively to young people’s character Youth at Chugiak High School have important than ever given the economic cri- development, civic participation, and produced and will show a docudrama sis. philanthropic activity as adults. that simulates a drunk driving colli- Legislators, as you deliberate in making A survey by Civic Enterprises found sion and help educate their peers about laws and decisions that affect the great that 47 percent of high school dropouts the dangers of drunk driving. State of Montana, let Charlie Russell’s reported that boredom in school was a Students at Steller Secondary School painting remind you of your obligation to in- primary reason why they dropped out. will provide the Covenant House resi- clude Native peoples as your neighbors, part- ners and friends. Let us move forward to- High quality service-learning activities dents with gift bags containing per- gether. can, however, help young people make sonal hygiene products. Thank you. important connections between the Alaska Youth and Family Network LEM LEMTS. curriculum and the challenges they see volunteers will promote personal re- f in their communities. sponsibility for wellness that focuses It is important, therefore, that the on youth with behavioral health prob- GLOBAL YOUTH Senate encourage youth to engage in lems. Ms. MURKOWSKI. Mr. President, I community service and to congratulate Spirit of Youth volunteers from all rise to speak about a resolution desig- them for the service they provide. across Alaska, including Thorne Bay,

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Ketchikan, Eagle River, Kodiak, An- MENENDEZ, MIKULSKI, MURRAY, BEN April 28, 2009 marks the 65th historic chorage, Palmer, Juneau, Cantwell, NELSON, BILL NELSON, SPECTER, and anniversary of the WWII Battle of Ex- Kasaan, Nenana, Nome, Shageluk, Cor- WHITEHOUSE for standing with me as ercise Tiger and an opportunity to rec- dova, Palmer, and Chugiak, will work original cosponsors of this worthwhile ognize all the men who served and gave with their peers and adults on projects legislation, which will ensure that their life in that historic battle. I am as varied as sharing their artistic tal- youth across the country and the world proud to say that we have renamed ents; organizing a potato feed fund- know that all of their hard work is U.S. Highway 54 in my home State of raiser to help the local library; running greatly appreciated. Missouri as the WWII Exercise Tiger a girls’ study group; offering free baby- f Expressway, in honor of the sailors and sitting, teaching Sunday school, and (At the request of Mr. REID, the fol- soldiers who paid the ultimate sac- helping the elderly at the local hos- lowing statement was ordered to be rifice. The Missouri Exercise Tiger pital; raising money for youth activi- printed in the RECORD.) Army and Navy Anchor Memorial has ties and easing community tensions; been built on the Audrain County improving the collective well-being of HUMAN RIGHTS IN KENYA Court House Lawn in their memory. youth; including people with disabil- ∑ Mr. KENNEDY. Mr. President, I take The servicemen who participated in ities in social activities; teaching this opportunity to call the attention the Battle of Exercise Tiger are to be cheerleading and dance skills; coordi- of my colleagues to the serious dangers commemorated for their heroic ac- nating canned food drives; honoring that exist for human rights today in tions. These men were an example for Haida culture through art and music; Kenya. I particularly express my con- all American soldiers and a credit to working with Native elders to retain cern about the death threats being the United States as it remains the Alaska Native boat making skills; re- made against Paul Muite, a distin- free and great country that it is today. sponding to emergencies; restoring guished human rights attorney in that f salmon habitat; learning about climate country. change and fire science; owning, oper- Mr. Muite is a native of Kenya who IDAHOANS SPEAK OUT ON HIGH ating, and crewing a seine fishing boat; has been an outspoken critic of the ENERGY PRICES giving teens a forum to discuss polit- hundreds of extrajudicial killings that Mr. CRAPO. Mr. President, in mid- ical issues; educating others about have taken place in Kenya since 2006, June, I asked Idahoans to share with child labor; helping other youth to suc- and he has sought an investigation by me how high energy prices are affect- ceed in realizing their dreams; helping the International Criminal Court of ing their lives, and they responded by students with disabilities excel in these killings. the hundreds. The stories, numbering physical education; and educating the The threats against him have esca- well over 1,200, are heartbreaking and public about domestic violence while lated in recent weeks. This week, I touching. While energy prices have advocating for justice and change. learned that someone had thrust an dropped in recent weeks, the concerns The Alaska Teen Media Institute will AK–47 in Mr. Muite’s face. expressed remain very relevant. To re- provide teens with the tools and train- I urge the Government of Kenya to spect the efforts of those who took the ing needed to produce their own stories give high priority to this alarming sit- opportunity to share their thoughts, I told in their own voices to be shared uation, and to take all necessary steps am submitting every e-mail sent to me through a variety of media. to protect the safety of Mr. Muite and through an address set up specifically Members of the Mountain View Boys others struggling to defend the funda- for this purpose to the CONGRESSIONAL & Girls Club will kick off Mountain mental human rights of the people of RECORD. This is not an issue that will View Cleanup Day. Kenya. The world is watching and I be easily resolved, but it is one that de- Members of Alaska Youth Environ- hope my colleagues in the Senate will serves immediate and serious atten- mental Action attended the Civics and join in calling attention to this basic tion, and Idahoans deserve to be heard. Conservation Summit in Juneau where issue.∑ Their stories not only detail their they met with legislators to talk about f struggles to meet everyday expenses, issues they care about in their commu- EXERCISE TIGER but also have suggestions and rec- nities, including the Renewable Energy ommendations as to what Congress can Campaign. Mr. BOND. Mr. President, today I do now to tackle this problem and find The Anchorage Youth Parent Foun- rise to honor the 65th anniversary of solutions that last beyond today. I ask dation Peer Outreach Workers will the Exercise Tiger operation and the unanimous consent to have today’s let- spread awareness of sexual assault in American servicemen who took part in ters printed in the RECORD. April by hosting an Art Competition at this exercise. I extend my gratitude to There being no objection, the mate- the POWER Teen Clinic. their dedication and service to the peo- rial was ordered to be printed in the Mr. President, I am so proud of all of ple of Missouri and of the Nation. RECORD, as follows: On April 28, 1944, German Navy ‘‘E’’ these young people. I value their ideal- It is time to wake up, America. All it ism, energy, creativity, and unique per- boats, patrolling the English Channel, would take [for the price to drop] is for Con- spectives as they volunteer to make attacked eight American landing ships gress to allow the oil companies to drill for their communities better and assist engaged in training operation Exercise oil anywhere in this country and the crude those in need. Tiger. These operations, organized by oil price would drop $30 to $50 a barrel. I, for Many similarly wonderful activities the U.S. Army, were undertaken off a one, am tired of Congress blaming business will be taking place all across the Na- beach in Devon, England often pa- or the President for the problems of this tion. I encourage all of my colleagues trolled by German ‘‘E’’ torpedo boats. country. Congress holds the key and they sit With only one English ship to guard back and run up the government deficits to visit the Youth Service America until the value of our dollar is falling like a Web site—www.ysa.org—to find out the convoy, there was a devastating rock, which, in turn, is driving up the price about the selfless and creative youth surprise attack on the American ships of crude oil. who are contributing in their own ending in multiple ships being sunk. It was not that long ago that the Congress States this year. Of the four thousand men who par- of the 1990s showed fiscal responsibility. But, I thank my colleagues Senators ticipated in this critical operation, this Congress shows that it is unwilling to AKAKA, BAYH, BEGICH, BINGAMAN, nearly a quarter lost their life includ- try to solve any of the nation’s problems. BROWN, BURR, CARDIN, COCHRAN, COL- ing over 200 men from the 3206th Quar- The deficit is snowballing into a problem that cannot be ignored any longer it is hav- LINS, CORNYN, DODD, DURBIN, FEINGOLD, termaster Company located in Mis- ing an effect on all of our daily lives. FEINSTEIN, GILLIBRAND, GREGG, HAGAN, souri. Due to the secrecy of the mis- There has been many articles recently HATCH, INOUYE, JOHNSON, KENNEDY, sion, information on the fatalities was about the amount of oil that this country KLOBUCHAR, LANDRIEU, LAUTENBERG, only released after the successful com- has is not enough to solve this countries de- LEVIN, LIEBERMAN, LINCOLN, MARTINEZ, pletion of the D-Day invasion. mands for oil, but it sure would go a long

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10566 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 way towards balancing trade deficits and mated at 17 to 40 percent. (This according to ceptable and very unreasonable and our gov- have a huge effect on the economy. If Con- http://www.measuringworth.com.) Conserv- ernment just stands by and lets it happen. gress shows a willingness to do something ative numbers indicate $1.50 in 2000 is worth GARY, Boise. about this problem, the commodities mar- $1.80 in 2007, while aggressive estimates kets reaction would be swift; no action, be would value that same $1.50 at $2.11 in 2007. We need relief fast. These fuel and food prepared to keep paying at the pump! And as the average gas price in 2007 was at costs are killing our home budget. The baby It is time to write our Senators and Rep- $2.75, simple arithmetic shows that inflation boomers have having to continue to work to resentatives and tell them it is long overdue accounts for at least a quarter of the price pay for fuel. We are very concerned and we that they do something about utilizing our increase and possibly as much as half of the vote, so please help. nation’s oil resources, and with a percentage increase. JOE and CHERI. of the revenue from it to build renewable en- Yet in the public arena, most still blame ergy plants like solar and wind generation the increase on speculators or price-gouging The oil-producing countries recent pursuit projects. The politicians keep saying that oil companies or OPEC. Inflation is seldom of nuclear power—and their interest in in- they are all for looking out for the poor and mentioned even though we have just seen vesting in British nuclear power is an inter- the working class in this country but [that is how integral a role it has played. This prob- esting trend, I think. not happening.] There is some huge possibili- lem needs to be addressed. Our inflation in CLAUDIA. ties if Congress acts, if not we are starting to turn is caused chiefly by our growing na- see what the future looks like. tional debt and the expensive foreign policy Like most Americans, the high cost of gas KYLE, Genesee. that it finances. I submit that entitlement has limited my trips to visit family and con- spending is problematic too, but our military duct personal business—a necessity in rural These high gas prices are making it more spending is much more easily curtailed be- Idaho. and more difficult for my family to just get cause public opinion is not as deeply en- The only real solution to our energy prob- to town for the basic essentials. We live on trenched in support of it. lem is to wean this country off oil. Increased top of a mountain in Idaho, and it takes us Although I personally believe we should domestic oil production would only be put- 25 minutes just to drive down in town where bring the troops home from Iraq and Afghan- ting a band-aid on a gaping hole. It would we do our grocery shopping, banking, med- istan, I know you disagree, and I realize that not solve our energy needs and we would still ical care and prescription pick-up as well as I will be unable to sway you on this issue. be buying oil from abroad. It is also a finite postal service, and any hardware or building However, military spending can still be read- resource so in a few years time whatever supplies we might need as we are building a ily cut back in other areas. I think our glob- drop in the bucket ANWR might provide (no large house. Due to the increasing gas prices, al military presence is a great place to start. one knows how much oil resides there), will we have had to condense our trips down to As of 2005, America held 737 foreign military eventually be gone. The only real solution is once a week, so we are not near as frequently bases. The simple question is why. Why do investment in alternative energy. Govern- patronizing the local businesses like we used we need a military presence in Japan or Ger- ment-provided grants and subsidies to inno- to. I would plead with Congress to please in- many? This cannot be defended as merely vative entrepreneurs would eventually solve crease our domestic oil supply as this is an part of the War on Terror, and yet these our problems and sever the dependence on extreme hardship on thousands and thou- bases and others like them are costing the Venezuela and the Middle East once and for sands of Idaho residents as well as the local American taxpayer billions of dollars every all. businesses. year. This is an encroachment on the na- At the very least, this country can ‘‘tight- DARLENE, Kamiah. tional sovereignty of other countries, but, en its belt’’ with regard to conservation. As more importantly, it is an exorbitant waste. we all know, America uses more energy per Let me begin by saying that I sincerely ap- If there is a legitimate reason for our costly capita than any other country. I have trav- preciate your decision to consult your con- global military presence, please inform me. eled abroad extensively and have thoroughly stituents about the energy issue. Though the But if not, you must agree that the financial enjoyed the availability of public transpor- electorate may be vastly uninformed, it is benefit of shutting down these bases is too tation—most of which is subsidized by the nevertheless every citizen’s duty to be active great to ignore. (Check out Nemesis by government and small hot water heaters. and politics, and you are encouraging this Chalmers Johnson for more information on Thank you for considering my thoughts. laudable behavior. You deserve to be com- this topic.) COURTNEY, Kamiah. mended. I sincerely thank you for soliciting the Yet now I fear I must turn from a tone of opinions of your constituents. As you may Even though I have a secure job at the INL praise to one of criticism because you re- have assumed by now, I have not been hard I do not consider myself to be rich I have quested personal—and thus emotionally- hit by high energy prices. I am going to be a seen many problems brought on by the en- charged—anecdotes. Indeed you asked for college student in the fall, and I prefer riding ergy/housing/banking fiascoes. I just saw a policy opinions, too, but from your email, my bike to driving my car. I hope that you news article where people who have min- those seemed of secondary importance. acknowledge the role of inflation in today’s imum wage jobs are having to quit because Anecdotes and emotions have no rightful energy crisis, and I urge you to look at the they cannot afford to drive to work!! Bread place in the policy-making process, no mat- rationale for our global military deploy- has doubled in price due to the new emphasis ter how many you receive and how depress- ment. Getting our fiscal house back in order of the administration placed on ethonal pro- ing they are. The responses you receive will will have a real and palpable benefit for the duction. My 401K plan has lost over $50,000 be surely come primarily from the constitu- American people, and solutions like scaling since January 1, 2008. ents hit hardest by the high prices, yielding back the military are the first step. I challenge you to try to live as a ‘normal’ a very skewed measurement of public opin- EDDIE, Meridian. American. I have a $1,100 mortgage, a $500 ion. payment for my daughter’s college edu- The hysteria regarding the oil ‘‘crisis’’ of I work for a small semi-trailer manufac- cation, $250 in car insurance (for myself, my the day invariably clouds our judgment. It turer here in Boise. Our orders for new trail- wife and two daughters), $300 for food (that is leads to proposals that lack all substance ers have fallen off considerably. Existing or- just for my wife and myself) and about $300 and justification such as the gas tax holiday. ders are now being canceled at an alarming for gas. Why do not you challenge your fel- These ideas are motivated chiefly by per- rate. Every Monday morning there is a num- low Congressman to this little test: Live like sonal electoral concerns rather than a sin- ber of trailers parked in front of our building this for a month, no congressional [perks]. cere desire to help citizens. Using a conserv- from owner operators calling it quits. I ask Assume you bring home $3,000/month: ative estimate of 20 mpg for my compact car, all of my customers why and they all say the $1,000 mortgage or rent I would have to drive 725 miles a week this diesel fuel prices are the reason. $500 college summer just to save $100. This is the kind of Today, in our weekly sales meeting, the $200 medical relief the American people need, really? Oh owner told us we needed to get some orders $300 gas and, by the way, it would cost an estimated on the schedule or the company will be lay- $300 food $9 billion when our nation is the largest ing off 100 people. We have already reduced $250 car insurance debtor in the world. (I am not accusing you our workforce by 50 since March. He went on $400 credit card of supporting this proposal, but it illustrates to say that if it continues he will have to Total: $2,950.00 my point.) send 50 more home by the end of July. Like In my exaggerated case, that does not Instead let us look at a major cause of this I said above, we are a small company, we had leave much for any car repairs (did I mention problem; it is not speculators or Al-Qaeda. 400 employees total at the first of 2008. By your car is 10 years old and because of all the Over the period from 2000 when national the end of July, we could cut our work force money worries, it has lost 50 percent of its prices were at approximately $1.50 per gallon by 50 percent. I have heard that since Janu- value since Jan!)—So a new hybrid car is to- till the year 2007 when prices were at ap- ary 1st the trucking industry has lost around tally out of the question. Also, I forgot to proximately $2.75 per gallon, inflation is esti- 800 trucks due to fuel prices. This is unac- tell you that you worked in construction and

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10567 have to have a big truck (3/4 ton) to haul have an option to move at this time. The Saudi Arabia, same with North Dakota, your tools and supplies around—no sissy need for gasoline won over the additional Pennsylvania, and nobody has any idea how two-seater hybrid for this job! Now that you food. Please support Senator Crapo and Con- much is in Utah. But I would never go for see what a family in Idaho is probably fac- gressman Simpson as they work to provide drilling in ANWR. ing. real solutions to our increased costs for en- That is something you cannot image. The Big oil wants the offshore oil leases opened ergy instead of merely blaming the current beauty is stunning, although they say the made available. . . . Gee, from what I saw on administration and promising to raise taxes impact would be like a sheet of plywood in C–SPAN the other night, big oil is buying as the only solutions. the middle of a football field. I believe them and holding leases, but not drilling. This has TOM, Ririe. to be liars. They have the best drillers in the been going on since I believe the speaker said world in Alaska. I have worked with all but 1999 or so. Is not that kinda like artificially I have just read through your website and a few of them. They can drill from elsewhere controlling the supply? They want the have found only responses that support your and get all the oil without going there, even leases, they have to work or forfeit them, no conclusions. Are you afraid to post any dis- if it is like the sheet of plywood. It will not refund. We will not even mention the $56+ sent on the subject? Yes, gas prices are at a stay that way. They are pigs and will ruin all billion profit (Websters definition: Income record high and yes, many people are seeing they touch. Anyway, who would want a sheet minus expenses). And then they have the significant new bills and a reduction in their of plywood in the middle of their football nerve to say they need the tax handouts be- spendable income. Some, certainly, are no field? cause it is ‘‘good for the economy’’ and they longer able to stay out of debt. Nonetheless, For all they would get offshore would be need it to protect the environment. We just all of the solutions that you are proposing dwarfed by it, anyway. Let us use our re- do not understand them! In a recent inter- will do little to impact anyone’s pocketbook sources and tell OPEC that grain is $139 a view shown on TV, none of the big oil CEOs or bottom line. Offshore drilling, whether it bushel. Leave them alone. They hate us. If would support environmental advertise- be in Florida or Alaska, will not ease the someone wanted me to stay away from them ments. current situation. No new oil will flow out of there is no way they would ever have to say The banks are making money investing in those areas for years. If you allow such ex- it twice. oil, etc. Then they charge 11–>30 percent for ploration, who do you think will pay for the OLIVER, Salmon. credit cards. Not every American is to blame new equipment and technology required to for the housing/banking bust! I just looked access such oil? I know who—either the con- f up my credit union rates for 0–$999.00, they sumers or the taxpayers, but probably, both. are paying 0.50 percent APY. More importantly, why are many Ameri- ADDITIONAL STATEMENTS It is about time to put [partisan and paro- cans struggling to pay the increased cost of chial interests aside] and do what is right for gas? How many Prius drivers are com- the country. It does not matter if it is the plaining? How many times did the Senate idea of a Republican, Democrat, or Inde- vote down legislation to force automakers to HONORING RECIPIENTS OF THE pendent, if it is the right thing to do, support manufacture more fuel efficient vehicles? PRESIDENTIAL UNIT CITATION it! On your website, you state, ‘‘It is why I ∑ After all of the ranting above, believe me support legislation to fully utilize proven Mr. BUNNING. Mr. President, today I that I still love and support America and American oil and natural gas reserves in a am honored to invite my colleagues to what its real values are. But I do [believe way that preserves the environment for fu- join me in congratulating seven of my that far too many people in power have col- ture generations.’’ How are you going to constituents who are recipients of the lectively trashed America and are not being fully utilize reserves and preserve the envi- distinguished Presidential Unit Cita- forced to fix it.] ronment? Has there ever been an oil installa- tion. This rare and prestigious citation JERRY. tion that preserves, or benefits the environ- is given to military units for their out- ment? standing bravery, gallantry and service My husband and I have been retired for al- I am extremely happy that you support re- most four years. We make $2,200 a month. We newable energies. Idaho certainly has a great as well as the unit’s performance in ac- have a house payment of $1,000 a month. deal of renewable potential. We have great complishing its mission under extreme When we retired, we were making plenty to solar, wind, and water resources. Are you and hazardous conditions. In January keep us. Since we have retired, everything aware that Idaho, as a state, offers some of 2009 this heroic award was conferred has gone up. The nearest grocery store (very the most paltry incentives in the entire upon the Alpha Troop, 11th Armored small corner market) is 15 miles away. We country? As a state, we do not even have a Cavalry Regiment for service in the have to drive 100 miles round trip to do any net-metering law. Republic of South Vietnam. kind of shopping, doctors, etc. Our home is Renewable energies are currently poised to The individuals who received this very rural, so when we built it 28 years ago be rapidly deployed, far faster than the dec- it would have cost us $10,000 to run a natural ades required to extract the limited quan- award include Mr. Dale H. Hollabaugh, gas line, so we opted for propane, which has tities of oil out of ANWR. Mr. James E. Jackson, Mr. Joseph D. risen to $3.00 a gallon. We have a wood stove Before we vote to open vast areas to devel- Boone, Mr. Gregory R. Stumbo, Mr. to help, but the nearest wood to cut is 70 opment, let us look forward to the future to Kenneth Mosley, Mr. Clifton T. Geerde, miles one way. My husband has bone on bone determine if this is a prudent thing to do. At and Mr. Kenneth E. Fulkerson. In 1970, knees, and is in a lot of pain, so getting wood the very least, let us determine if it will in War Zone C during the Vietnam con- is going to get harder and harder. When we even solve the issue at hand. flict, the Alpha Troop, First Squadron, retired we figured on being able to draw So- JAKE, Driggs. 11th Armored Cavalry Regiment per- cial Security at 621⁄2. Now they have changed it to 66. My husband worked for 38 years and Please check out this web site. We would formed heroically through a series of was able to retire while he is still young. He love to have your signature. http:// combat missions over several months. will be 60 in three days. Yes, we are able to www.drillforamericanoil.com. After a 5-year review by the Depart- live, but there is nothing extra. At least we BOB. ment of Defense, the unit was awarded are doing better than my parents making this citation. It is an incredible honor $1,200 a month and having to decide between I worked on building the Alaska Pipeline to be a recipient of this award and I am eating, staying warm, and being able to buy from 1972 to 1986 and have been back several humbled to be able to speak of these their prescription drugs, (that before the times. I have been on every National Geo- brave individuals. Medicare Part D program were free). We need graphic and all the magazines, so I have seen to take care of our own. Use our own oil, feed oil as crude and the finished product. The re- We will never forget the brave citi- our own people, keep the illegal aliens out fining is basically the same as in 1973. The zens who fought to protect our free- because they are using more of our govern- cost is low to refine to gas stage. What I am doms during this time. It is with great ments money than we are. I have my doubts getting at is what Ted Stevens said to Leo honor that I recognize these citizens you will ever read this, but it is worth a try. Lucas and I back in the 1980s when I lived for what they have done and I know TRISH. next door to him on Leo’s ranch. He said, that their families and friends are ‘‘There can be no crooked oilmen without proud to be a part of their lives. I work for the federal government, but had crooked Senators and Congressmen. He went I would like to thank these individ- to make a difficult choice last week. I had to on to predict this ‘‘crunch’’ we are having as decide on buying enough gasoline to get to something that OPEC has always said would uals for their contributions to the work for the next two weeks or providing ad- happen. state of Kentucky and to the United ditional food for my family. I commute daily Maybe it is time to take it away from the States, and I wish them well in all of from 20 miles one way to work and do not oil people. We have more oil in Alaska than their future endeavors.∑

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10568 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 REMEMBERING TIM WAPATO dling homicide, robbery and narcotics; While Tim was at CRITFC, he was ∑ Mr. JOHNSON. Mr. President, I wish Sex Crimes; Vice-Unit Investigations; appointed by President Reagan in 1986 to honor one of the most dedicated ad- Equal Opportunity and Development, to serve on the U.S. Pacific Salmon vocates for American Indian tribes in and the Affirmative Action Unit/Dis- Commission. President Reagan re-ap- my State of South Dakota and crimination Complaint Unit. Tim also pointed Tim to negotiate the Treaty throughout the United States. On Sun- served as Patrol Division Watch Com- between Canada and the United States day, April 19, 2009, Tim Wapato was mander, Patrol Division Supervisor, to serve a second term in 1988. As a called home. Tim has long served many and an Instructor at the Academy on Commissioner, Tim reported to U.S. issues important to Indian Country robbery and homicide investigations, Secretary of State and was responsible throughout his life and I have included police-community relations and Amer- for implementing the International his obituary below and ask that it be ican Indian Culture awareness. He was Treaty provisions between the U.S. and printed in the RECORD. An enrolled a frequent Instructor at the Indian Po- Canada. His peers elected Tim to be the member of the Colville Confederated lice Academy at Roswell, New Mexico, Chairman of the International Treaty Tribe in Eastern Washington, he made training Officers to work on Indian Council, (the full Commission com- his home in Rapid City, SD. My Reservations. While Officer-In-Charge prised of Canadian and U.S. Commis- thoughts and prayers go out to his fam- he was responsible for assessing the sioners) with the responsibility of U.S. ily, including his wife, my friend, Gay legal implications of each investiga- Chief Negotiator in the annual negotia- Kingman-Wapato, and their family. He tion, assignment of investigative per- tions on the Treaty with Canada. The will be greatly missed by everyone he sonnel, and analysis, evaluation of sta- result was the Pacific Salmon Treaty touched on his journey through this tus and crime trends and recommenda- between the U.S. and Canada which ac- world. tions for strategic planning to address knowledged Tribes as sovereigns and The information follows: issues and programmatic concerns. equal co-managers. Sherman Timothy Wapato, 73, en- In 1972 and 1973, through the Inter- In 1989 Tim accepted a Senior Execu- tered the Spirit World at his home in governmental Personnel Act, the tive Service, Political Appointment Rapid City, SD on Sunday, April 19, LAPD loaned S. Timothy Wapato to and became the Commissioner of the 2009 as a result of heart failure. He was the Colville Confederated Tribe for a Administration for Native Americans an enrolled Member of the Colville Special Assignment to plan and design in the Department of Health and Confederated Tribe in Eastern Wash- a Tribal Police Department and a Trib- Human Services (HHS). Tim led ANA ington. al Court. Tim completed the design for from 1989–1993. As, Commissioner for Sherman Timothy Wapato was the the Department with a fish and wild ANA, Tim was responsible for formu- second child of six children born to life enforcement section, fish and wild- lating and administering a $34,000,000.00 Paul and Elizabeth Wapato. During life biology section, court system, and budget to provide grants, contracts, Tim’s early years of schooling, the public highway safety program. technical assistance and training, Family moved frequently, as Paul During the 21 years Tim served with interagency agreements and activities Wapato was an Evangelist Minister. the LAPD, Tim volunteered his off- beneficial to ANA clients. He served as Tim went to nine different elementary duty time to work for the City of Los the principal advisor to the Sec. of the schools prior to settling down in the Angeles (LA) including the following; U.S. Department of Health and Human Methow Valley (Washington) for Jr. Chairman of the Los Angeles City- Services (HHS) on Native American Af- High and High School. The ‘‘Wapato County Native American Commission, fairs, including Native Hawaiians, Boys’’ were the only Indians attending Member of the Council for Peace and Samoans and other Pacific Islanders. Winthrop, H.S. and were admired for Equality in Education, Member of the Tim provided testimony before Con- their abilities in school and in sports. Board for the LA Indian Center, Presi- gress, delivered keynote speeches at Tim graduated High School in 1953 in dent, United American Indian Council, national, regional, tribal, federal and Winthrop, WA, where he excelled in and President, American Indian Wel- state meetings and worked on the reau- sports and government. Tim was a pop- come House. thorization of the ANA Legislation ular student and was well known for Sherman Timothy Wapato retired within the Federal Govt., with Con- his basketball prowess, good humor from the LAPD in 1979, after 21 years of gress and with key Indian organiza- and leadership abilities. He was Class service to the City of Los Angeles and tions. Tim saw the need for improved President as well as Homecoming King. after receiving numerous commenda- coordination for Indian Tribes and Tim then attended Washington State tions for his work. helped establish the Inter-Agency University and California State Uni- After retirement, Tim immediately Council which served as liaison and co- versity at Los Angeles Majoring in Po- took a post with the Columbia River ordination within HHS and among fed- litical Science, Public Administration Inter-Tribal Fish Commission eral agencies to ensure effective inte- and Police Administration. (CRITFC) where he worked for 10 years, gration of programs and policies affect- In 1955, Tim enlisted in the U.S. (1979–1989). Initially Tim was the Direc- ing Native Americans. Army and was honorably discharged in tor of Fisheries Protection and En- While ANA Commissioner, Tim was 1957 where he was in Communications forcement. In 1980 Tim was appointed also appointed to membership in the and played basketball for the Army. by the Board of Directors to Executive Senior Executive Service Advisory Tim moved to Los Angeles, Cali- Director of the Commission. He exe- Board, U.S. Office of Personnel Man- fornia in 1958 where he joined the Los cuted and administered grants and con- agement, and to the Native American Angeles Police Department. (LAPD) tracts, supervised over 65 legal, tech- Veterans Coordinating Council with With his quick-wit, coupled with pass- nical and administrative employees the Department of Veterans Affairs. ing a series of LAPD exams and obvi- and was responsible for administering a Upon leaving Government Service in ous leadership abilities, at the young $5.5 million annual budget. He directed 1993, the Tribal Nations asked S. Tim- age of 34, Tim quickly rose to the rank the analysis, evaluation, formulation othy Wapato and his wife, A. Gay King- of Lieutenant, LAPD. Tim was the and implementation of policy, judicial man to develop and establish a Na- youngest to achieve that rank at that and legislative initiatives, developed tional Indian Gaming Association age and at that time. Older Officers cooperative working agreements with (NIGA) Office in Washington, DC. Tim learned to ‘‘Trust’’ his Leadership and international, national, federal state, and Gay founded NIGA and through follow his supervision. He supervised and regional parties for the benefit of hard work and long hours developed up to 188 Officers depending upon the Tribal and intertribal interests in the NIGA into a powerful national organi- assignment and circumstances. areas of water rights, regulation and zation for Indian Tribes. NIGA’s DC of- As a LAPD Lieutenant of Police, Tim enforcement, treaty rights, hydropower fice roots began in their home, discus- served as Officer-in-Charge of Detec- fishing rights and resource manage- sions held frequently around the kitch- tive Special Investigative Teams han- ment. en table, but the success of their work

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10569 on the organization quickly expanded opment and the Institute for Tribal (The nominations received today are to increasingly larger offices on Cap- Government, Portland State Univer- printed at the end of the Senate pro- itol Hill. In 1995, the NIGA was the first sity. He remained active in NIGA, Na- ceedings.) Indian Organization ever to purchase tional Congress of American Indians, f and own property on Capitol Hill. Veterans Affairs, legislation politics, As Executive Director and chief man- and was a mentor to many young peo- MESSAGES FROM THE HOUSE agement officer of NIGA, Tim provided ple as they continued the battles for At 10:51 a.m., a message from the overall leadership, direction and guid- Indian Tribes. House of Representatives, delivered by ance to Indian Tribal Nations. He su- Tim was highly respected throughout Mrs. Cole, one of its reading clerks, an- pervised employees, managed and guid- the United States and touched many nounced that the House insists upon its ed all NIGA projects, developed and im- lives. He received many honors and was amendment to the resolution (S. Con. plemented operating policies and pro- known for his brilliant mind, his wise Res. 13) setting forth the congressional cedures for investment funds, and pub- advice, his humor, his vision, his capa- budget for the United States Govern- lic relations, including working with bilities, his ability to provide leader- ment for fiscal year 2010, revising the Congress. Namely, Tim developed and ship in crisis and his strength of will. appropriate budgetary levels for fiscal directed a strategy for a coordinated Though a tireless leader, he always year 2009, and setting forth the appro- effort among public relations staff, at- made time and always had a kind word priate budgetary levels for fiscal years torneys, lobbyists, and Indian Tribes to for his family and his extended family, 2011 through 2014, and asks a con- realize success with Congress and the of which he has legion. In his life’s ference with the Senate on the dis- Administration. Under his leadership, work, Tim had a skill for cutting agreeing votes of the two Houses there- this coalition was effective in stopping through to the core issue, no matter on; and appoints Mr. SPRATT, Mr. attempts to pass harmful legislation in how complex, then inspiring those BOYD, Ms. DELAURO, Mr. RYAN of Wis- Congress; and strategies and rec- around him to join hands to either consin, and Mr. HENSARLING as man- ommendations were developed to sup- take care of a problem or take advan- agers of the conference on the part of port amendments beneficial to Tribes. tage of an opportunity. It would be in- the House. The national press called upon Tim adequate to label Tim simply as a vi- often; again his quick wit and humor sionary, because he himself would cor- At 12:24 p.m., a message from the gained him enduring relationships with rect such a label and point out that to- House of Representatives, delivered by the media. In April 1994, NIGA won the gether, we did not all just see or talk, Mr. Zapata, one of its reading clerks, coveted National AWARD FOR ‘‘Cre- rather we all made real things happen announced that the House has passed ativity in Public Relations’’ in New and stood our shared ground. That is the following bills, in which it requests York City for the campaign/strategy Tim’s truly unique legacy, providing the concurrence of the Senate: implemented to educate the Public on guideposts to those who stand proudly H.R. 586. An act to direct the Librarian of Indian Gaming. in Tim’s wake by having experienced a Congress and the Secretary of the Smithso- man—never daunted, habitually prin- nian Institution to carry out a joint project Besides the coordinated Communica- at the Library of Congress and the National tion effort, two major programs were cipled, strategically defiant, possessing great perspective yet a healthy appre- Museum of African American History and developed under Tim’s NIGA leadership Culture to collect video and audio recordings to assist Tribes: ciation for satire, and always hopeful. of personal histories and testimonials of in- The ITN or Integrated Tribal Net- Tim was preceded in death by his dividuals who participated in the Civil work, an electronic communication parents, Reverend Paul Wapato (1955) Rights movement, and for other purposes. system, and the Institute for Tribal and Elizabeth Wapato (1994), his Sister, H.R. 749. An act to amend the Federal Government, an educational depart- Esther KeAna Wapato (1965) and Phillip Election Campaign Act of 1971 to permit can- didates for election for Federal office to des- ment within NIGA to offer courses and Francis Wapato (1961) S. Timothy Wapato is survived by his ignate an individual who will be authorized workshops to train and educate Tribes, wife, Gay Kingman, of Rapid City, SD; to disburse funds of the authorized campaign States and staff of Casinos on a wide son Stephen Timothy Wapato (Megan), committees of the candidate in the event of range of topics. In 1998, Tim first re- the death of the candidate. Wenatchee, WA and daughters KeAna signed from NIGA, wanting to make an H.R. 957. An act to authorize higher edu- Wapato Conrad and Theresa Wapato cation curriculum development and graduate attempt at a third retirement, but his Borgia of Southern California; son resignation was not accepted by the training in advanced energy and green build- Charles Robertson (Kathy), Vernon ing technologies. Board. Later, Tim resigned again but Robertson (Corina); and brothers Paul H.R. 1580. An act to authorize the Adminis- remained faithfully committed to In- G. Wapato Jr. (Ruth), Spokane, WA, trator of the Environmental Protection dian Tribes but relocated to Rapid Titus R. Wapato, Santa Monica, CA, Agency to award grants for electronic device City, SD, so that he and Gay could be and James W. Wapato, Bouse, AZ. To- recycling research, development, and dem- near family and take care of Gay’s fa- onstration projects, and for other purposes. gether, Tim and Gay have 20 Grand- H.R. 1626. An act to make technical amend- ther, Gus Kingman, who lived to be 104 children and 4 Great Grandchildren years old. ments to laws containing time periods af- with one on the way. Over the years, fecting judicial proceedings. In his fourth retirement, Tim served Tim & Gay have mentored numerous H.R. 1679. An act to provide for the replace- as the Executive Director of the Inter- young people and have a vast extended ment of lost income for employees of the Tribal Bison Cooperative in Rapid City family who love and respect them.∑ House of Representatives who are members until he experienced a stroke in August of a reserve component of the armed forces of 2000. f who are on active duty for a period of more Tim and Gay formed Kingman/ MESSAGES FROM THE PRESIDENT than 30 days, and for other purposes. H.R. 1824. An act to provide assistance to Wapato & Associates, an Indian owned Messages from the President of the consulting, lobbying and technical as- Best Buddies to support the expansion and United States were communicated to development of mentoring programs, and for sistance firm. Soon thereafter, the the Senate by Mrs. Neiman, one of his other purposes. Great Plains Tribes asked them to help secretaries. The message also announced that the organize the Great Plains Tribal Chair- f House agreed to the following concur- man’s Association where Gay con- rent resolutions, in which it requests tinues to work as Executive Director. EXECUTIVE MESSAGES REFERRED the concurrence of the Senate: Tim never let his health challenges As in executive session the Presiding hold him back; right up until his death, Officer laid before the Senate messages H. Con. Res. 86. Concurrent resolution au- thorizing the use of Emancipation Hall in he continued to give speeches, expert from the President of the United the Capitol Visitor Center for the unveiling advice and served on several national States submitting sundry nominations of a bust of Sojourner Truth. boards, including the National Center which were referred to the appropriate H. Con. Res. 101. Concurrent resolution for American Indian Enterprise Devel- committees. providing for the acceptance of a statue of

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10570 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 Ronald Wilson Reagan from the people of By Mr. SCHUMER, from the Committee on INTRODUCTION OF BILLS AND California for placement in the United Rules and Administration: JOINT RESOLUTIONS States Capitol. Special Report entitled ‘‘Report on the Resolution (S. Res. 73) Authorizing Expendi- The following bills and joint resolu- At 5:16 p.m., a message from the tures by Committees of the Senate’’ (Rept. tions were introduced, read the first House of Representatives, delivered by No. 111–14). and second times by unanimous con- Mrs. Cole, one of its reading clerks, an- f sent, and referred as indicated: nounced that the House has passed the EXECUTIVE REPORTS OF By Mr. INOUYE (for himself and Mr. AKAKA): following bills, in which it requests the COMMITTEES concurrence of the Senate: S. 871. A bill to authorize the Secretary of the Interior to conduct a special resources H.R. 1139. An act to amend the Omnibus The following executive reports of nominations were submitted: study of the Honoliuli Internment Camp site Crime Control and Safe Streets Act of 1986 to in the State of Hawaii, to determine the By Mr. INOUYE for the Committee on enhance the COPS ON THE BEAT grant pro- suitability and feasibility of establishing a Commerce, Science, and Transportation. gram, and for other purposes. unit of the National Park System; to the H.R. 1145. An act to implement a National *April S. Boyd, of the District of Columbia, to be an Assistant Secretary of Commerce. Committee on Energy and Natural Re- Water Research and Development Initiative, sources. and for other purposes. *Cameron F. Kerry, of Massachusetts, to be General Counsel of the Department of By Mr. VOINOVICH: f S. 872. A bill to establish a Deputy Sec- Commerce. MEASURES REFERRED *Robert S. Rivkin, of Illinois, to be Gen- retary of Homeland Security for Manage- eral Counsel of the Department of Transpor- ment, and for other purposes; to the Com- The following bills were read the first tation. mittee on Homeland Security and Govern- and the second times by unanimous *Roy W. Kienitz, of Pennsylvania, to be mental Affairs. consent, and referred as indicated: Under Secretary of Transportation for Pol- By Mr. LUGAR: S. 873. A bill to expand and improve Coop- H.R. 749. An act to amend the Federal icy. erative Threat Reduction Programs, and for Election Campaign Act of 1971 to permit can- *Peter H. Appel, of Virginia, to be Admin- other purposes; to the Committee on Armed didates for election for Federal office to des- istrator of the Research and Innovative Services. ignate an individual who will be authorized Technology Administration, Department of By Mr. BINGAMAN (for himself and to disburse funds of the authorized campaign Transportation. *Dana G. Gresham, of the District of Co- Mr. UDALL of New Mexico): committees of the candidate in the event of S. 874. A bill to establish El Rio Grande Del the death of the candidate; to the Committee lumbia, to be an Assistant Secretary of Transportation. Norte National Conservation Area in the on Rules and Administration. State of New Mexico, and for other purposes; H.R. 957. An act to authorize higher edu- *Joseph C. Szabo, of Illinois, to be Admin- to the Committee on Energy and Natural Re- cation curriculum development and graduate istrator of the Federal Railroad Administra- sources. training in advanced energy and green build- tion. By Mr. SPECTER (for himself, Mr. ing technologies; to the Committee on En- *Sherburne B. Abbott, of Texas, to be an Associate Director of the Office of Science TESTER, and Mr. GRASSLEY): ergy and Natural Resources. S. 875. A bill to regulate the judicial use of H.R. 1139. An act to amend the Omnibus and Technology Policy. *Coast Guard nomination of Vice Adm. presidential signing statements in the inter- Crime Control and Safe Streets Act of 1968 to pretation of Acts of Congress; to the Com- enhance the COPS ON THE BEAT grant pro- David P. Pekoske, to be Vice Admiral. *Coast Guard nomination of Rear Adm. mittee on the Judiciary. gram, and for other purposes; to the Com- John P. Currier, to be Vice Admiral. By Mr. SPECTER (for himself and Mr. mittee on the Judiciary. *Coast Guard nomination of Capt. Robert WHITEHOUSE): H.R. 1145. An act to implement a National E. Day, Jr., to be Rear Admiral (Lower Half). S. 876. A bill to provide for the substitution Water Research and Development Initiative, *Coast Guard nomination of Rear Adm. of the United States in certain civil actions and for other purposes; to the Committee on Jody A. Breckenridge, to be Vice Admiral. relating to electronic service providers and Environment and Public Works. FISA; to the Committee on the Judiciary. H.R. 1580. An act to authorize the Adminis- Mr. INOUYE. Mr. President, for the By Mr. SPECTER: trator of the Environmental Protection Committee on Commerce, Science, and S. 877. A bill to provide for the non-discre- Agency to award grants for electronic device Transportation I report favorably the tionary Supreme Court review of certain recycling research, development, and dem- following nomination lists which were civil actions relating to the legality and con- onstration projects, and for other purposes; printed in the RECORDS on the dates in- stitutionality of surveillance activities; to to the Committee on Environment and Pub- dicated, and ask unanimous consent, to the Committee on the Judiciary. lic Works. By Mr. LAUTENBERG (for himself and H.R. 1679. An act to provide for the replace- save the expense of reprinting on the Mr. VOINOVICH): ment of lost income for employees of the Executive Calendar that these nomina- tions lie at the Secretary’s desk for the S. 878. A bill to amend the Federal Water House of Representatives who are members Pollution Control Act to modify provisions of a reserve component of the armed forces information of Senators. relating to beach monitoring, and for other who are on active duty for a period of more The PRESIDING OFFICER. Without purposes; to the Committee on Environment than 30 days, and for other purposes; to the objection, it is so ordered. and Public Works. Committee on Homeland Security and Gov- *Coast Guard nomination of Michael J. By Ms. COLLINS (for herself and Mr. ernmental Affairs. McNeil, to be Lieutenant Commander. LIEBERMAN): H.R. 1824. An act to provide assistance to *Coast Guard nomination of Desarae A. S. 879. A bill to amend the Homeland Secu- Best Buddies to support the expansion and Janszen, to be Lieutenant Commander. rity Act of 2002 to provide immunity for re- development of mentoring programs, and for By Mrs. BOXER for the Committee on En- ports of suspected terrorist activity or sus- other purposes; to the Committee on Health, vironment and Public Works. picious behavior and response; to the Com- Education, Labor, and Pensions. *Regina McCarthy, of Massachusetts, to be mittee on the Judiciary. f an Assistant Administrator of the Environ- By Mr. LUGAR (for himself and Mr. mental Protection Agency. BAYH): MEASURES PLACED ON THE By Mr. LEAHY for the Committee on the S. 880. A bill to amend title XVIII of the CALENDAR Judiciary. Social Security Act to permit a Medicare The following bill was read the sec- R. Gil Kerlikowske, of Washington, to be beneficiary to elect to take ownership, or to Director of National Drug Control Policy. ond time, and placed on the calendar: decline ownership, of a certain item of com- Ronald H. Weich, of the District of Colum- plex durable medical equipment after the 13- H.R. 1664. An act to amend the executive bia, to be an Assistant Attorney General. month capped rental period ends; to the compensation provisions of the Emergency *Nomination was reported with rec- Committee on Finance. Economic Stabilization Act of 2008 to pro- By Ms. MURKOWSKI (for herself, Mr. hibit unreasonable and excessive compensa- ommendation that it be confirmed sub- BEGICH, Mr. AKAKA, and Mr. INOUYE): tion and compensation not based on perform- ject to the nominee’s commitment to respond to requests to appear and tes- S. 881. A bill to provide for the settlement ance standards. of certain claims under the Alaska Native f tify before any duly constituted com- Claims Settlement Act, and for other pur- mittee of the Senate. REPORTS OF COMMITTEES poses; to the Committee on Energy and Nat- (Nominations without an asterisk ural Resources. The following reports of committees were reported with the recommenda- By Mr. REID (for Mr. KENNEDY (for were submitted: tion that they be confirmed.) himself and Mr. GRASSLEY)):

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10571 S. 882. A bill to amend the Federal Food, poses; to the Committee on Banking, Hous- ADDITIONAL COSPONSORS Drug, and Cosmetic Act to ensure the safety ing, and Urban Affairs. and quality of medical products and enhance By Mr. MENENDEZ: S. 144 the authorities of the Food and Drug Admin- S. 892. A bill to authorize the Secretary of At the request of Mr. KERRY, the istration, and for other purposes; to the Education to award grants to educational or- names of the Senator from North Caro- Committee on Health, Education, Labor, and ganizations to carry out programs about the lina (Mr. BURR) and the Senator from Pensions. Holocaust; to the Committee on Health, Edu- South Carolina (Mr. DEMINT) were By Mr. KERRY (for himself and Mr. cation, Labor, and Pensions. added as cosponsors of S. 144, a bill to GRAHAM): By Mr. SCHUMER: amend the Internal Revenue Code of S. 883. A bill to require the Secretary of S. 893. A bill to establish the Office of Im- the Treasury to mint coins in recognition 1986 to remove cell phones from listed ported and Domestic Product Safety in the property under section 280F. and celebration of the establishment of the Department of Commerce and the Product Medal of Honor in 1861, America’s highest Safety Coordinating Council to improve the S. 301 award for valor in action against an enemy management, coordination, promotion, and At the request of Mr. GRASSLEY, the force which can be bestowed upon an indi- oversight of food and product safety respon- name of the Senator from New Mexico vidual serving in the Armed Services of the sibilities, to improve consumer and business (Mr. BINGAMAN) was added as a cospon- United States, to honor the American mili- access to food and product safety informa- tary men and women who have been recipi- sor of S. 301, a bill to amend title XI of tion, and for other purposes; to the Com- the Social Security Act to provide for ents of the Medal of Honor, and to promote mittee on Commerce, Science, and Transpor- awareness of what the Medal of Honor rep- tation. transparency in the relationship be- resents and how ordinary Americans, By Mr. CASEY (for himself and Mr. tween physicians and manufacturers of through courage, sacrifice, selfless service BAYH): drugs, devices, biologicals, or medical and patriotism, can challenge fate and S. 894. A bill to provide for an annual com- supplies for which payment is made change the course of history; to the Com- prehensive report on the status of United under Medicare, Medicaid, or SCHIP. mittee on Banking, Housing, and Urban Af- States efforts and the level of progress S. 307 fairs. achieved to counter and defeat Al Qaeda and By Mr. BINGAMAN (for himself and At the request of Mr. WYDEN, the its related affiliates and undermine long- name of the Senator from Wisconsin Mr. GRASSLEY): term support for the violent extremism that S. 884. A bill to amend title 23, United helps sustain Al Qaeda’s recruitment efforts; (Mr. FEINGOLD) was added as a cospon- States Code, to remove privatized highway to the Committee on Foreign Relations. sor of S. 307, a bill to amend title XVIII miles as a factor in apportioning highway of the Social Security Act to provide funding; to the Committee on Environment flexibility in the manner in which beds and Public Works. f By Mr. BINGAMAN (for himself and are counted for purposes of deter- mining whether a hospital may be des- Mr. GRASSLEY): SUBMISSION OF CONCURRENT AND ignated as a critical access hospital S. 885. A bill to amend the Internal Rev- SENATE RESOLUTIONS enue Code of 1986 to provide special deprecia- under the Medicare program and to ex- tion and amortization rules for highway and The following concurrent resolutions empt from the critical access hospital related property subject to long-term leases, and Senate resolutions were read, and inpatient bed limitation the number of and for other purposes; to the Committee on referred (or acted upon), as indicated: beds provided for certain veterans. Finance. By Mr. KOHL (for himself and Mr. S. 310 By Mr. NELSON of Florida: VOINOVICH): S. 886. A bill to establish a program to pro- At the request of Mrs. BOXER, the vide guarantees for debt issued by State ca- S. Res. 111. A resolution recognizing June name of the Senator from Massachu- tastrophe insurance programs to assist in 6, 2009, as the 70th anniversary of the tragic setts (Mr. KERRY) was added as a co- the financial recovery from natural catas- date when the M.S. St. Louis, a ship carrying sponsor of S. 310, a bill to amend the trophes; to the Committee on Banking, Jewish refugees from Nazi Germany, re- turned to Europe after its passengers were Public Health Service Act to ensure Housing, and Urban Affairs. that safety net family planning centers By Mr. DURBIN (for himself and Mr. refused admittance to the United States; to the Committee on the Judiciary. are eligible for assistance under the GRASSLEY): S. 887. A bill to amend the Immigration By Mr. NELSON of Nebraska (for him- drug discount program. and Nationality Act to reform and reduce self, Mr. SESSIONS, Mrs. HUTCHISON, S. 354 Mr. COCHRAN, Mr. BAYH, Mr. CRAPO, fraud and abuse in certain visa programs for At the request of Mr. WEBB, the name Mr. BUNNING, Mr. ENZI, Mr. COBURN, aliens working temporarily in the United of the Senator from Oregon (Mr. States and for other purposes; to the Com- Mr. LUGAR, Mr. CHAMBLISS, Mr. BURR, Mr. BROWN, Mr. CARPER, Mr. MERKLEY) was added as a cosponsor of mittee on the Judiciary. S. 354, a bill to provide that 4 of the 12 By Mr. SCHUMER: ALEXANDER, Mr. INHOFE, Mrs. LIN- S. 888. A bill to amend the Internal Rev- COLN, Mr. RISCH, Mr. BENNETT, Mr. weeks of parental leave made available enue Code of 1986 to terminate certain incen- THUNE, Mr. CASEY, Mr. HATCH, Mr. to a Federal employee shall be paid tives for oil and gas; to the Committee on Fi- WARNER, Ms. MURKOWSKI, Mr. leave, and for other purposes. BEGICH, Mr. CONRAD, and Mr. nance. S. 395 By Mr. SPECTER (for himself and Mr. JOHANNS): S. Res. 112. A resolution designating Feb- At the request of Mrs. FEINSTEIN, the CASEY): name of the Senator from Michigan S. 889. A bill to amend the Agricultural Ad- ruary 8, 2010, as ‘‘Boy Scouts of America justment Act to require the Secretary of Ag- Day’’, in celebration of the 100th anniversary (Mr. LEVIN) was added as a cosponsor of riculture to determine the price of all milk of the largest youth scouting organization in S. 395, a bill to direct the Librarian of used for manufactured purposes, which shall the United States; to the Committee on the Congress and the Secretary of the be classified as Class II milk, by using the Judiciary. Smithsonian Institution to carry out a national average cost of production, and for By Mr. WEBB (for himself and Mr. joint project at the Library of Congress other purposes; to the Committee on Agri- WARNER): and the National Museum of African culture, Nutrition, and Forestry. S. Res. 113. A resolution designating April American History and Culture to col- 23, 2009, as ‘‘National Adopt A Library Day’’; By Mr. REID (for Mr. ROCKEFELLER): lect video and audio recording of per- S. 890. A bill to provide for the use of im- considered and agreed to. proved health information technology with By Mrs. BOXER (for herself, Ms. sonal histories and testimonials of in- respect to certain safety net health care pro- SNOWE, Ms. MIKULSKI, Mrs. MURRAY, dividuals who participated in the Civil viders; to the Committee on Health, Edu- Mrs. GILLIBRAND, Ms. CANTWELL, Mrs. Rights movement, and for other pur- cation, Labor, and Pensions. SHAHEEN, Mrs. FEINSTEIN, and Ms. poses. COLLINS): By Mr. BROWNBACK (for himself, Mr. S. 405 DURBIN, and Mr. FEINGOLD): S. Con. Res. 19. A concurrent resolution ex- At the request of Mr. LEAHY, the S. 891. A bill to require annual disclosure pressing the sense of Congress that the to the Securities and Exchange Commission Shi’ite Personal Status Law in Afghanistan name of the Senator from Georgia (Mr. of activities involving columbite-tantalite, violates the fundamental human rights of CHAMBLISS) was added as a cosponsor of cassiterite, and wolframite from the Demo- women and should be repealed; to the Com- S. 405, a bill to amend the Internal cratic Republic of Congo, and for other pur- mittee on Foreign Relations. Revenue Code of 1986 to provide that a

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10572 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 deduction equal to fair market value receive both disability compensation S. 663 shall be allowed for charitable con- from the Department of Veterans Af- At the request of Mr. NELSON of Ne- tributions of literary, musical, artistic, fairs for their disability and either re- braska, the name of the Senator from or scholarly compositions created by tired pay by reason of their years of New York (Mr. SCHUMER) was added as the donor. military service or Combat-Related a cosponsor of S. 663, a bill to amend S. 456 Special Compensation. title 38, United States Code, to direct At the request of Mr. DODD, the name S. 557 the Secretary of Veterans Affairs to es- of the Senator from Michigan (Ms. At the request of Mr. MARTINEZ, the tablish the Merchant Mariner Equity STABENOW) was added as a cosponsor of names of the Senator from Pennsyl- Compensation Fund to provide benefits S. 456, a bill to direct the Secretary of vania (Mr. CASEY) and the Senator to certain individuals who served in Health and Human Services, in con- from Massachusetts (Mr. KERRY) were the United States merchant marine sultation with the Secretary of Edu- added as cosponsors of S. 557, a bill to (including the Army Transport Service cation, to develop guidelines to be used encourage, enhance, and integrate Sil- and the Naval Transport Service) dur- on a voluntary basis to develop plans ver Alert plans throughout the United ing World War II. to manage the risk of food allergy and States, to authorize grants for the as- S. 671 anaphylaxis in schools and early child- sistance of organizations to find miss- At the request of Mrs. LINCOLN, the hood education programs, to establish ing adults, and for other purposes. name of the Senator from Oregon (Mr. school-based food allergy management S. 614 MERKLEY) was added as a cosponsor of grants, and for other purposes. S. 671, a bill to amend title XVIII of the At the request of Mrs. HUTCHISON, the S. 468 names of the Senator from Michigan Social Security Act to provide for the coverage of marriage and family thera- At the request of Ms. STABENOW, the (Mr. LEVIN) and the Senator from pist services and mental health coun- name of the Senator from Georgia (Mr. Vermont (Mr. SANDERS) were added as CHAMBLISS) was added as a cosponsor of cosponsors of S. 614, a bill to award a selor services under part B of the Medi- S. 468, a bill to amend title XVIII of the Congressional Gold Medal to the care program, and for other purposes. Social Security Act to improve access Women Airforce Service Pilots S. 683 to emergency medical services and the (‘‘WASP’’). At the request of Mr. HARKIN, the quality and efficiency of care furnished names of the Senator from Connecticut S. 636 in emergency departments of hospitals (Mr. LIEBERMAN), the Senator from At the request of Mr. THUNE, the and critical access hospitals by estab- New Jersey (Mr. LAUTENBERG), the Sen- name of the Senator from Mississippi lishing a bipartisan commission to ex- ator from California (Mrs. BOXER) and (Mr. COCHRAN) was added as a cospon- amine factors that affect the effective the Senator from Washington (Mrs. sor of S. 636, a bill to amend the Clean delivery of such services, by providing MURRAY) were added as cosponsors of Air Act to conform the definition of re- for additional payments for certain S. 683, a bill to amend title XIX of the newable biomass to the definition physician services furnished in such Social Security Act to provide individ- given the term in the Farm Security emergency departments, and by estab- uals with disabilities and older Ameri- and Rural Investment Act of 2002. lishing a Centers for Medicare & Med- cans with equal access to community- icaid Services Working Group, and for S. 639 based attendant services and supports, other purposes. At the request of Mr. INHOFE, the and for other purposes. S. 482 name of the Senator from Oregon (Mr. S. 701 At the request of Mr. FEINGOLD, the WYDEN) was added as a cosponsor of S. At the request of Mr. KERRY, the name of the Senator from Oregon (Mr. 639, a bill to amend the definition of name of the Senator from Louisiana MERKLEY) was added as a cosponsor of commercial motor vehicle in section (Mr. VITTER) was added as a cosponsor S. 482, a bill to require Senate can- 31101 of title 49, United States Code, to of S. 701, a bill to amend title XVIII of didates to file designations, state- exclude certain farm vehicles, and for the Social Security Act to improve ac- ments, and reports in electronic form. other purposes. cess of Medicare beneficiaries to intra- S. 491 S. 645 venous immune globulins (IVIG). At the request of Mr. WEBB, the name At the request of Mrs. LINCOLN, the S. 714 of the Senator from Alabama (Mr. SES- names of the Senator from Idaho (Mr. At the request of Mr. WEBB, the name SIONS) was added as a cosponsor of S. RISCH) and the Senator from Wash- of the Senator from Pennsylvania (Mr. 491, a bill to amend the Internal Rev- ington (Ms. CANTWELL) were added as CASEY) was added as a cosponsor of S. enue Code of 1986 to allow Federal ci- cosponsors of S. 645, a bill to amend 714, a bill to establish the National vilian and military retirees to pay title 32, United States Code, to modify Criminal Justice Commission. health insurance premiums on a pretax the Department of Defense share of ex- S. 731 basis and to allow a deduction for penses under the National Guard Youth At the request of Mr. NELSON of Ne- TRICARE supplemental premiums. Challenge Program. braska, the names of the Senator from S. 535 S. 654 Alabama (Mr. SESSIONS), the Senator At the request of Mr. NELSON of Flor- At the request of Mr. BUNNING, the from Connecticut (Mr. LIEBERMAN) and ida, the name of the Senator from New name of the Senator from Iowa (Mr. the Senator from North Dakota (Mr. Jersey (Mr. MENENDEZ) was added as a HARKIN) was added as a cosponsor of S. DORGAN) were added as cosponsors of S. cosponsor of S. 535, a bill to amend 654, a bill to amend title XIX of the So- 731, a bill to amend title 10, United title 10, United States Code, to repeal cial Security Act to cover physician States Code, to provide for continuity requirement for reduction of survivor services delivered by podiatric physi- of TRICARE Standard coverage for cer- annuities under the Survivor Benefit cians to ensure access by Medicaid tain members of the Retired Reserve. Plan by veterans’ dependency and in- beneficiaries to appropriate quality S. 779 demnity compensation, and for other foot and ankle care. At the request of Mr. LAUTENBERG, purposes. S. 655 the names of the Senator from Massa- S. 546 At the request of Mr. JOHNSON, the chusetts (Mr. KERRY) and the Senator At the request of Mr. REID, the name name of the Senator from Oregon (Mr. from Missouri (Mrs. MCCASKILL) were of the Senator from New Mexico (Mr. MERKLEY) was added as a cosponsor of added as cosponsors of S. 779, a bill to UDALL) was added as a cosponsor of S. S. 655, a bill to amend the Pittman- amend titles 23 and 49, United States 546, a bill to amend title 10, United Robertson Wildlife Restoration Act to Code, to modify provisions relating to States Code, to permit certain retired ensure adequate funding for conserva- the length and weight limitations for members of the uniformed services who tion and restoration of wildlife, and for vehicles operating on Federal-aid high- have a service-connected disability to other purposes. ways, and for other purposes.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10573 S. 816 institution fraud, and other frauds re- The forced removal of these individuals At the request of Mr. CRAPO, the lated to federal assistance and relief began a nearly four year odyssey to a name of the Senator from Idaho (Mr. programs, for the recovery of funds lost series of camps in Hawaii and on the RISCH) was added as a cosponsor of S. to these frauds, and for other purposes. continental US. Over 1,000 immediate 816, a bill to preserve the rights grant- AMENDMENT NO. 1000 family members of these men joined ed under second amendment to the At the request of Mrs. BOXER, the their husbands, fathers and relatives in Constitution in national parks and na- names of the Senator from Virginia mainland camps. The detainees were tional wildlife refuge areas. (Mr. WEBB) and the Senator from Or- never formally charged and granted S. 832 egon (Mr. WYDEN) were added as co- only token hearings. Many of the de- At the request of Mr. NELSON of Flor- sponsors of amendment No. 1000 pro- tainees’ sons served with distinction in ida, the name of the Senator from posed to S. 386, a bill to improve en- the US armed forces, including the leg- North Carolina (Mrs. HAGAN) was added forcement of mortgage fraud, securi- endary 100th Battalion, 442nd Regi- as a cosponsor of S. 832, a bill to amend ties fraud, financial institution fraud, mental Combat Team and Military In- title 36, United States Code, to grant a and other frauds related to federal as- telligence Service. Federal charter to the Military Offi- sistance and relief programs, for the re- This report found that both the cers Association of America, and for covery of funds lost to these frauds, Kilauea Military Camp and the other purposes. and for other purposes. Honouliuli sites feature historic re- sources and recommended that the S. 864 AMENDMENT NO. 1002 sites be nominated for listing on the At the request of Mr. DORGAN, the At the request of Mr. THUNE, the National Register for Historic Places. name of the Senator from Ohio (Mr. names of the Senator from Utah (Mr. In 2008, the Japanese Cultural Center of BROWN) was added as a cosponsor of S. BENNETT), the Senator from Wyoming Hawaii published a more detailed ar- 864, a bill to amend the Internal Rev- (Mr. ENZI) and the Senator from Ari- cheological reconnaissance of the enue Code of 1986 to expand tax-free zona (Mr. KYL) were added as cospon- Honouliuli site. This report found that distributions from individual retire- sors of amendment No. 1002 proposed to there were numerous historic features ment accounts for charitable purposes. S. 386, a bill to improve enforcement of that would qualify the site for National S. 869 mortgage fraud, securities fraud, finan- Historic Register and further rec- cial institution fraud, and other frauds At the request of Mr. THUNE, the ommended that the site be conserved. related to federal assistance and relief name of the Senator from Wyoming The Japanese Cultural Center of Ha- programs, for the recovery of funds lost (Mr. ENZI) was added as a cosponsor of waii is currently working with Mon- to these frauds, and for other purposes. S. 869, a bill to require the Secretary of santo, the landowner, to nominate the the Treasury to use any amounts re- f Honouliuli Gulch site to be listed on paid by a financial institution that is a the National Historic Register. recipient of assistance under the Trou- STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS So far I have received letters in sup- bled Assets Relief Program for debt re- port of this legislation from a range of duction. By Mr. INOUYE (for himself and local, regional and national organiza- S. CON. RES. 14 Mr. AKAKA): tions, including the Japanese American At the request of Mrs. LINCOLN, the S. 871. A bill to authorize the Sec- National Museum, Hawaiian Historical names of the Senator from Wyoming retary of the Interior to conduct a spe- Society, Go For Broke National Edu- (Mr. ENZI) and the Senator from Ne- cial resources study of the Honoliuli cation Center, Japan America Society braska (Mr. NELSON) were added as co- Internment Camp site in the State of of Hawaii, Honolulu Chapter of the sponsors of S. Con. Res. 14, a concur- Hawaii, to determine the suitability Japanese Citizens League, Japanese rent resolution supporting the Local and feasibility of establishing a unit of Cultural Center of Hawaii, Honolulu Radio Freedom Act. the National Park System; to the Com- Japanese Junior Chamber of Com- S. CON. RES. 18 mittee on Energy and Natural Re- merce, MIS Veterans Club of Hawaii, At the request of Mr. FEINGOLD, the sources. the United Japanese Society of Hawaii, name of the Senator from New Jersey Mr. INOUYE. Mr. President, I rise Japanese American Citizens League, (Mr. MENENDEZ) was added as a cospon- today to introduce a bill that would The Conservation Fund, Densho, Na- sor of S. Con. Res. 18, a concurrent res- authorize the Secretary of the Interior tional Trust for Historic Preservation, olution supporting the goals and ideals to conduct a Special Resources Study Japanese American National Heritage of World Malaria Day, and reaffirming of the Honouliuli Gulch and associated Coalition and the Friends of Minidoka. United States leadership and support sites located in the State of Hawaii in This legislation will enable the Na- for efforts to combat malaria. order to determine the suitability and tional Park Service to study these im- feasibility of designating these sites as S. RES. 84 portant sites in my state and make a unit of the National Park System. At the request of Mr. LEVIN, the recommendations to Congress regard- During World War II, over 1,000 Japa- names of the Senator from New Jersey ing the best approach to conserve and nese Americans were incarcerated in at (Mr. MENENDEZ) and the Senator from manage these sites to tell this chapter least eight locations on Hawaii. In a re- Massachusetts (Mr. KERRY) were added in our Nation’s history to current and port completed in 2007, the Japanese as cosponsors of S. Res. 84, a resolution future generations. Cultural Center of Hawaii documented urging the Government of Canada to I would urge my colleagues to sup- these sites that include Honouliuli end the commercial seal hunt. port this legislation. Gulch, Sand Island, and the US Immi- S. RES. 94 gration Station on Oahu, the Kilauea By Mr. VOINOVICH: At the request of Mr. AKAKA, the Military Camp on the Big Island, S. 872. A bill to establish a Deputy name of the Senator from Georgia (Mr. Haiku Camp and Wailuku County Jail Secretary of Homeland Security for ISAKSON) was added as a cosponsor of S. on Maui, and the Kalaheo Stockade Management, and for other purposes; Res. 94, a resolution designating April and Waialua County Jail on Kauai. to the Committee on Homeland Secu- 2009 as ‘‘Financial Literacy Month’’. These camps also held approximately rity and Governmental Affairs. AMENDMENT NO. 996 100 local residents of German and Mr. VOINOVICH. Mr. President, I At the request of Mr. INHOFE, the Italian ancestry. rise today with my good friend and name of the Senator from Wyoming Those detained included the leaders partner on the Oversight of Govern- (Mr. ENZI) was added as a cosponsor of of the Japanese immigrant community ment Management Subcommittee, Sen- amendment No. 996 proposed to S. 386, in Hawaii, many of whom were taken ator AKAKA, to address the critical a bill to improve enforcement of mort- from their homes and families in the management challenges facing the De- gage fraud, securities fraud, financial hours after the attack on Pearl Harbor. partment of Homeland Security, DHS,

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10574 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 by introducing the Effective Homeland For these reasons, as part of the Im- proper tools to make continual im- Security Management Act of 2009. I am plementing Recommendations of the 9/ provements in its operations. Because proud to have Senators CARPER and 11 Commission Act of 2007, Congress management challenges persist at LEVIN also joining us in this important clarified that the role and responsibil- DHS, I believe the existing Under Sec- effort. ities of the Under Secretary for Man- retary for Management position at This legislation would elevate the agement would include serving as the DHS’s lacks sufficient authority to di- role and responsibilities of the current Chief Management Officer and prin- rect the type of sustained leadership DHS Under Secretary for Management cipal advisor to the Secretary on the and overarching management integra- to a Deputy Secretary of Homeland Se- management of DHS. In that legisla- tion and transformation strategy that curity for Management while pre- tion Congress also provided that the is needed department-wide, and Con- serving the authority of the Secretary Under Secretary for Management gress must elevate that Under Sec- and Deputy Secretary of DHS as the would be responsible for strategic man- retary’s role. The legislation I offer first-and second-highest ranking DHS agement and annual performance plan- today would do that and would provide officials, respectively. Under the legis- ning, identification and tracking of the focused, high-level attention that lation, the individual appointed as the performance measures, and the man- will result in effective management re- Deputy Secretary for Management agement integration and trans- form. I believe this legislation is vital would be the third highest ranking offi- formation process in support of DHS to DHS’s success, and I urge my col- cial at DHS and would serve a five year operations and programs. The Imple- leagues to join me in supporting this term in order to provide management menting Recommendations of the 9/11 legislation. continuity at DHS during times of Commission Act of 2007 also estab- Mr. President, I ask unanimous con- leadership transition, such as following lished managerial and leadership quali- sent that the text of the bill be printed a presidential election like the one we fications for the Under Secretary for in the RECORD. just experienced. Management and increased the pay There being no objection, the text of In the Homeland Security Act of 2002, scale for that Under Secretary. the bill was ordered to be printed in Congress established the position of However, there continue to be signifi- the RECORD, as follows: Under Secretary for Management to cant management challenges associ- S. 872 oversee the management and adminis- ated with integrating DHS, whose cre- tration of DHS. However, management Be it enacted by the Senate and House of Rep- ation represented the single largest re- resentatives of the United States of America in issues have persisted at DHS since its structuring of the Federal Government Congress assembled, creation. In 2003, the Government Ac- since the creation of the Department of SECTION 1. SHORT TITLE. countability Office, GAO, included im- Defense in 1947. In addition to its com- This Act may be cited as the ‘‘Effective plementing and transforming DHS on plex mission of securing the Nation Homeland Security Management Act of its high-risk list of programs suscep- from terrorism and natural hazards 2009’’. tible to waste, fraud, abuse, and mis- through protection, prevention, re- SEC. 2. DEPUTY SECRETARY OF HOMELAND SE- management. Similarly, in December sponse, and recovery, leadership of CURITY FOR MANAGEMENT. 2005, the DHS Inspector General issued DHS has the enormous task of unifying (a) ESTABLISHMENT AND SUCCESSION.—Sec- a report warning of major management 200,000 employees from 22 disparate tion 103 of the Homeland Security Act of 2002 challenges facing DHS. The report Federal agencies. This January, GAO (6 U.S.C. 113) is amended— noted that although progress has been (1) in subsection (a)— again included implementing and (A) in the subsection heading, by striking made since DHS’ inception, transforming DHS on its high-risk list, ‘‘DEPUTY SECRETARY’’ and inserting ‘‘DEPUTY ‘‘[i]ntegrating its many separate com- noting that ‘‘[a]lthough DHS has made SECRETARIES’’; ponents in a single, effective, efficient, progress in transforming into a fully (B) by striking paragraph (6); and economical Department remains functioning department, this trans- (C) by redesignating paragraphs (2) one of DHS’s biggest challenges.’’ Fur- formation remains high risk because through (5) as paragraphs (3) through (6), re- ther, DHS’s own Performance and Ac- DHS has not yet developed a com- spectively; and countability Report, released in No- prehensive plan to address the trans- (D) by striking paragraph (1) and inserting vember 2006, states that it did not meet the following: formation, integration, management ‘‘(1) A Deputy Secretary of Homeland Se- its strategic goal of ‘‘providing com- and mission challenges GAO identified curity. prehensive leadership and management since 2003. . . DHS has developed an In- ‘‘(2) A Deputy Secretary of Homeland Se- to improve the efficiency and effective- tegrated Strategy for High Risk Man- curity for Management.’’; and ness of the Department,’’ further un- agement that outlines the depart- (2) by adding at the end the following: derscoring the need for good manage- ment’s process for, among other things, ‘‘(g) VACANCIES.— ment. In 2007, the Homeland Security assessing risks and proposing initia- ‘‘(1) VACANCY IN OFFICE OF SECRETARY.— Advisory Council Culture Task Force tives to address challenges, but the ‘‘(A) DEPUTY SECRETARY.—In case of a va- Report also detailed persisting organi- cancy in the office of the Secretary, or of the strategy lacks details for the trans- absence or disability of the Secretary, the zational challenges within DHS and formation of DHS and integration of Deputy Secretary of Homeland Security may prescribed leadership and management its management functions. DHS has exercise all the duties of that office, and for models designed to empower employ- also developed corrective action plans the purpose of section 3345 of title 5, United ees, foster collaboration, and encour- to address management challenges that States Code, the Deputy Secretary of Home- age innovation. The third recommenda- contain several of the key elements land Security is the first assistant to the tion of the report was that DHS estab- GAO has identified for a corrective ac- Secretary. lish an operational leadership position. tion plan . . . However, the plans gen- ‘‘(B) DEPUTY SECRETARY FOR MANAGE- The report noted, ‘‘[a]lignment and in- MENT.—When by reason of absence, dis- erally do not contain measures to ability, or vacancy in office, neither the Sec- tegration of the DHS component orga- gauge performance and progress, nor do retary nor the Deputy Secretary of Home- nizations is vital to the success of the they identify the resources needed to land Security is available to exercise the du- DHS mission. The [Culture Task Force] carry out the corrective actions identi- ties of the office of the Secretary, the Dep- believes there is a compelling need for fied.’’ uty Secretary of Homeland Security for the creation of a Deputy Secretary for As former Chairman and now Rank- Management shall act as Secretary. Operations, DSO, who would report to ing Member of the Oversight of Govern- ‘‘(2) VACANCY IN OFFICE OF DEPUTY SEC- the Secretary and be responsible for ment Management Subcommittee, im- RETARY.—In the case of a vacancy in the of- the high level Department-wide meas- proving the management structure at fice of the Deputy Secretary of Homeland Security, or of the absence or disability of ures aimed at generating and sus- DHS has been one of my top priorities. the Deputy Secretary of Homeland Security, taining seamless operational integra- The Subcommittee’s Chairman, Sen- the Deputy Secretary of Homeland Security tion and alignment of the component ator AKAKA, and I have been com- for Management may exercise all the duties organizations.’’ mitted to ensuring that DHS has the of that office.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10575 ‘‘(3) FURTHER ORDER OF SUCCESSION.—The grams, and for other purposes; to the Nunn-Lugar Program. It provided a Secretary may designate such other officers Committee on Armed Services. critically important set of rec- of the Department in further order of succes- Mr. LUGAR. Mr. President, today I ommendations that should guide the sion to act as Secretary.’’. rise to introduce the Nunn-Lugar Coop- Obama Administration’s efforts to ex- (b) RESPONSIBILITIES.—Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) erative Threat Reduction Improvement pand the Nunn-Lugar Program around is amended— Act of 2009. the world. (1) in the section heading, by striking The proliferation of weapons of mass The report was required by the 2008 ‘‘UNDER SECRETARY’’ and inserting ‘‘DEP- destruction remains the number one National Defense Authorization Act to UTY SECRETARY OF HOMELAND SECU- national security threat facing the recommend ways to strengthen and ex- RITY’’; United States and the international pand the Defense Department’s Nunn- (2) in subsections (a) through (c) by strik- community. Our success in responding Lugar Cooperative Threat Reduction ing ‘‘Under Secretary for Management’’ each to this threat depends on cooperation program. The report argues persua- place that term appears and inserting ‘‘Dep- sively that the Nunn-Lugar Program uty Secretary of Homeland Security for with other nations and on maintaining Management’’. a basic consensus on non-proliferation should be expanded geographically, up- (c) APPOINTMENT, EVALUATION, AND RE- principles. The Nunn-Lugar Program dated in form and function and sup- APPOINTMENT.—Section 701(c) of the Home- has become the primary tool through ported as an active tool of foreign pol- land Security Act of 2002 (6 U.S.C. 341) is which the U.S. works to safely destroy icy. Over the last 16 years Nunn-Lugar amended— has been focused heavily on the de- (1) in the subsection heading, by striking nuclear, chemical, and biological war- fare capacity. Through Nunn-Lugar, struction and dismantlement of mas- ‘‘AND EVALUATION’’ and inserting ‘‘, EVALUA- sive Soviet weapons systems and the TION, AND REAPPOINTMENT’’; the U.S. has eliminated more nuclear (2) in the matter preceding paragraph (1), weapons than the combined arsenals of facilities that developed them. In the by striking ‘‘shall’’; the United Kingdom, France, and future, the program will be asked to (3) in paragraph (1), by inserting ‘‘shall’’ China. When the Soviet Union dis- address much more complex and di- verse security threats. The changing after ‘‘(1)’’; solved Ukraine, Kazakhstan and (4) in paragraph (2)— security environment means that the Belarus emerged as the third, fourth (A) by inserting ‘‘shall’’ after ‘‘(2)’’; and magnitude of projects focused on and eighth largest nuclear weapons (B) by striking ‘‘and’’ after the semicolon; former Soviet weapons threats are powers in the world. Today they are (5) in paragraph (3)— likely to be the exception and not the (A) by inserting ‘‘shall’’ after ‘‘(3)’’; and nuclear weapons free. norm. As a result, the NAS report ar- (B) by striking the period and inserting a I am delighted that President Obama gues that the program must be less semicolon; and made the Nunn-Lugar Cooperative (6) by adding at the end the following: cumbersome and bureaucratic so it can Threat Reduction Program such a high be more agile, flexible, and responsive ‘‘(4) shall— profile issue during his campaign. In ‘‘(A) serve for a term of 5 years; and to ensure timely contributions across a ‘‘(B) be subject to removal by the Presi- 2005, then-Senator Obama and I trav- larger number of countries. It con- dent if the President— eled to Russia to see the Nunn-Lugar cludes by saying ‘‘that expanding the ‘‘(i) finds that the performance of the Dep- Program in action. We visited the Rus- nation’s [Nunn-Lugar] cooperative uty Secretary of Homeland Security for sian nuclear warhead storage facility threat reduction programs beyond the Management is unsatisfactory; and at Saratov and the mobile missile dis- ‘‘(ii) communicates the reasons for remov- former Soviet Union, as proposed by mantlement facility near Perm. This Congress, would enhance U.S. national ing the Deputy Secretary of Homeland Secu- experience gives him a unique vantage rity for Management to Congress before such security and global stability.’’ The re- removal; and point to take important steps to revi- port argues that Nunn-Lugar ‘‘should ‘‘(5) may be reappointed in accordance with talize and expand the program. be expanded geographically, updated in paragraph (1), if the Secretary has made a The Nunn-Lugar Program has accu- form and function . . . and supported satisfactory determination under paragraph mulated an impressive list of accom- as an active tool of foreign policy by (3) for the 3 most recent performance plishments. To date it has deactivated engaged leadership from the White years.’’. 7,504 strategic nuclear warheads, 742 House and the relevant cabinet secre- (d) REFERENCES.—References in any other intercontinental ballistic missiles, Federal law, Executive order, rule, regula- taries.’’ tion, or delegation of authority, or any docu- ICBMs, destroyed, 496 ICBM silos elimi- Specifically, the NAS Report rec- ment of or relating to the Under Secretary nated, 143 ICBM mobile launchers de- ommends that the Pentagon take the for Management of the Department of Home- stroyed, 633 submarine launched bal- following steps: Remove any remaining land Security shall be deemed to refer to the listic missiles, SLBMs, eliminated, 476 geographic limitations on the program Deputy Secretary of Homeland Security for SLBM launchers eliminated, 31 nuclear and streamline contracting procedures. Management. submarines capable of launching bal- (e) TECHNICAL AND CONFORMING AMEND- Request from Congress limited ‘‘not- listic missiles destroyed, 155 bomber MENTS.— withstanding authority’’ to give Nunn- (1) OTHER REFERENCE.—Section 702(a) of eliminated, 906 nuclear air-to-surface Lugar the flexibility it needs for future the Homeland Security Act of 2002 (6 U.S.C. missiles, ASMs, destroyed, 194 nuclear engagements in unexpected locations. 342(a)) is amended by striking ‘‘Under Sec- test tunnels eliminated, 422 nuclear Request that Congress exempt the retary for Management’’ and inserting ‘‘Dep- weapons transport train shipments se- Nunn-Lugar Program from the Mis- uty Secretary of Homeland Security for cured, upgraded security at 24 nuclear cellaneous Receipts Act to enable the Management’’. weapons storage sites, and built and program to accept funds from foreign (2) TABLE OF CONTENTS.—The table of con- equipped 16 biological monitoring sta- countries and to co-mingle those with tents in section 1(b) of the Homeland Secu- rity Act of 2002 (6 U.S.C. 101(b)) is amended tions. program funds to accomplish non- by striking the item relating to section 701 While originally focused on the proliferation and disarmament goals. and inserting the following: states of the former Soviet Union, Review the legal and policy ‘‘Sec. 701. Deputy Secretary of Homeland Nunn-Lugar has also produced results underpinnings of the Nunn-Lugar Pro- Security for Management.’’. outside of Russia. The program elimi- gram because many are cumbersome, (3) EXECUTIVE SCHEDULE.—Section 5313 of nated a formerly secret chemical weap- dated, limiting, and often diminish title 5, United States Code, is amended by ons stockpile in Albania. Other govern- value and hinder success. In addition to striking the item relating to the Under Sec- ments, such as Pakistan, Afghanistan, supporting traditional arms control retary of Homeland Security for Manage- Congo, the Philippines, and Indonesia and nonproliferation goals, Nunn- ment, and inserting the following: are now inquiring about Nunn-Lugar Lugar should be used to advance other ‘‘Deputy Secretary of Homeland Security for Management.’’. assistance with dangerous weapons and multilateral instruments such as the materials. Proliferation Security Initiative and By Mr. LUGAR: Mr. President, last month the Na- United Nations Security Council Reso- S. 873. A bill to expand and improve tional Academy of Sciences, NAS, re- lution 1540. While the Nunn-Lugar Pro- Cooperative Threat Reduction Pro- leased a report on the future of the gram grew through the 1990s there was

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10576 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 little corresponding growth in the size have the political will and the re- main, the Bureau of Land Management of the staff that guided policy—the of- sources to implement programs de- has only begun to account for all the fice must be expanded. Engage broader voted to these ends. cultural resources that may be present military components, including the on Ute Mountain. Unified Combatant Commands, to en- By Mr. BINGAMAN (for himself The Rı´o San Antonio Wilderness sure full coordination and effective im- and Mr. UDALL, of New Mexico): Area lies northwest of San Antonio plementation of Nunn-Lugar. S. 874. A bill to establish El Rio Mountain and is currently managed as The majority of these items do not Grande Del Norte National Conserva- a Wilderness Study Area by the Bureau require legislation but rather simple tion Area in the State of New Mexico, of Land Management. Composed of Executive Branch management actions and for other purposes; to the Com- grassland vegetation similar to the ma- and improvements. As a result, I have mittee on Energy and Natural Re- jority of the conservation area, its written to Under Secretary of Defense sources. unique character is shaped by the 200- for Policy, Michele Flournoy, and the Mr. BINGAMAN. Mr. President, I rise foot-deep canyon formed by the waters new WMD Coordinator at the White today to introduce El Rı´o Grande Del of the Rı´o San Antonio that bisects the House, Gary Samore, urging them to Norte National Conservation Area Es- wilderness area. The canyon provides adopt these important recommenda- tablishment Act. This legislation will important riparian habitat to wildlife tions. But the granting of limited not- designate approximately 235,980 acres and offers visitors opportunities for withstanding authority for the Nunn- of public land managed by the Bureau solitude and primitive and unconfined Lugar Program and its exemption from of Land Management in Taos and Rı´o recreation. A favorite pastime of locals the Miscellaneous Receipts Act does Arriba counties as a National Con- and visitors alike is the outstanding require Congressional authorization. servation Area. The conservation area opportunity for fly fishing the Rı´o San The bill I am introducing today is fo- includes two new wilderness areas—the Antonio. By affirmatively designating cused on accomplishing this task. 13,420-acre Cerro del Yuta Wilderness this area as wilderness, we can help One of the most striking points made on the east-side and the 8,000-acre Rı´o preserve its natural character that by the report’s authors was that the San Antonio Wilderness in the west. draws visitors to the area. Nunn-Lugar Program has suffered from The conservation area will protect This legislation seeks to protect the a lack of leadership. It states that and enhance cultural, ecological, and valuable natural and cultural resources ‘‘since 1995, the level of leadership in scenic resources in an area with pre- found in the area while also recog- DoD has been downgraded from a high mier recreational opportunities impor- nizing that the history of these lands is priority program managed by a Deputy tant to the region’s economy. It incor- still being written by the local commu- Assistant Secretary of Defense for Co- porates the upper reaches of the Rio nity, composed of Pueblo Indians, de- operative Threat Reduction, and Spe- Grande Gorge, previously designated as scendents of Hispanic and American cial Assistant to the Secretary of De- a Wild and Scenic River, and protects settlers, and new generations of set- fense, to a CTR Policy Office under a elk wintering grounds and migratory tlers drawn to the area for similar rea- Director for the CTR Program.’’ An corridors along the plateau between sons as those who came before them. even more stark contrast is the time Ute Mountain to the east and San An- Residents maintain a strong connec- and diplomacy that former Secretaries tonio Mountain to the west. The con- tion to these public lands and are in- Perry and Cohen committed to visiting servation area will protect breeding terested in preserving the traditional project sites and engaging foreign cap- habitat for other game species like ways in which they have used them. A itals when compared to their succes- deer and antelope and for birds of prey good example of this is the importance sors. I am confident this is a trend that that hunt throughout the area, includ- to the local community to ensure that can be reversed quickly by the Obama ing peregrine falcons, golden eagles, the continued and sustainable collec- administration with proper leadership. and bald eagles. The riparian area tion of pin˜ on nuts and firewood from Under Secretary Flournoy, the Deputy along the Rı´o Grande also provides im- the public lands is permitted. Based on Secretary of Defense, and Secretary portant habitat for brown trout and this input, earlier drafts were revised Gates should make visiting Nunn- the federally-listed endangered south- to make specific mention that these Lugar sites a high priority and offer western willow flycatcher. uses are permissible within the con- their personal diplomacy to assisting The Cerro del Yuta Wilderness will servation area. In addition, existing the program in meetings its goals. add protections to Ute Mountain, a grazing within the conservation area The Nunn-Lugar Program has made mountainous and forested extinct vol- will be preserved consistent with cur- critically important contributions to cano which rises to more than 10,000 rent management practices. US national security through the feet from an elevation of about 7,600 Visitors and residents of northern elimination of strategic weapons sys- feet at its base. From its peak Ute New Mexico also enjoy these public tems and platforms arrayed against us. Mountain offers views of the Sangre de lands for recreational purposes, includ- Even as the threat changes, I am con- Cristo Mountains to the east, the deep ing hiking, camping, mountain biking, fident that it will continue to serve US canyon walls of the Rı´o Grande Gorge river rafting, skiing, hunting, fishing, interests with the right leadership and at its western base, and the high mesa photography and bird watching, among direction. I commend the members of sagebrush-grasslands interspersed with many others. The local economy bene- the NAS committee for an insightful pin˜ on juniper woodlands that form the fits greatly from the tourists who visit and invigorating set of recommenda- majority of the conservation area to this area to take in the scenic beauty tions. I ask my colleagues here in the its west. Known as Tah Ha Bien to and natural character of the region, Senate to support this legislation and I members of the Taos Pueblo and Cerro and it is my hope that this designation am hopeful that the Obama adminis- del Yuta to the earliest Hispanic set- will further highlight the region as a tration will use the report’s rec- tlers of the region, Ute Mountain was premier destination in the State, na- ommendations as a resource as they named for the historic Ute tribe that tionally and internationally. move to expand the program. traversed this area along its route to This bill is the culmination of more In sum, we must take every measure the eastern plains. The mountain has a than 2 years of work with members of possible in addressing threats posed by long history both geologically and cul- the local community to craft language weapons of mass destruction. We must turally speaking, and evidence of that achieves the balance vital to en- eliminate those conditions that re- human interaction with Ute Mountain sure a thriving economy, the preserva- strict us or delay our ability to act. can be still be found, including pre- tion of the region’s natural resources, The US has the technical expertise and historic hunting stations, historic and a sustained way of life for resi- the diplomatic standing to dramati- sheep herding camps, and important dents of northern New Mexico. Without cally benefit international security. sacred sites on the mountain. As a rel- the constructive input from the local American leaders must ensure that we atively new addition to the public do- community, this bill would look very

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10577 different from the one that I am privi- the Conservation Area shall be permitted the boundary of the Conservation Area that leged to introduce today. I am also only on roads designated for use by motor- is acquired by the United States shall— (1) become part of the Conservation Area; pleased that my colleague Senator TOM ized vehicles in the management plan. (ii) NEW ROADS.—No additional road shall and UDALL is a cosponsor of this legisla- be built within the Conservation Area after (2) be managed in accordance with— tion, and I look forward to working the date of enactment of this Act unless the (A) this Act; and with him and other members of the road is needed for public safety or natural re- (B) any other applicable laws. Senate toward its ultimate passage. source protection. (f) SPECIAL MANAGEMENT AREAS.— Mr. President, I ask unanimous con- (C) GRAZING.—The Secretary shall permit (1) IN GENERAL.—The establishment of the sent that the text of the bill be printed grazing within the Conservation Area, where Conservation Area shall not change the man- in the RECORD. established before the date of enactment of agement status of any area within the There being no objection, the text of this Act— boundary of the Conservation Area that is— (A) designated as a component of the Na- the bill was ordered to be printed in (i) subject to all applicable laws (including regulations) and Executive orders; and tional Wild and Scenic Rivers System under the RECORD, as follows: (ii) consistent with the purposes described the Wild and Scenic Rivers Act (16 U.S.C. S. 874 in subsection (b). 1271 et seq.); or Be it enacted by the Senate and House of Rep- (D) COLLECTION OF PIN˜ ON NUTS AND FIRE- (B) managed as an area of critical environ- resentatives of the United States of America in WOOD.—Nothing in this Act precludes the mental concern. Congress assembled, traditional collection of firewood and pin˜ on (2) CONFLICT OF LAWS.—If there is a conflict SECTION 1. SHORT TITLE. nuts for noncommercial personal use within between the laws applicable to the areas de- This Act may be cited as ‘‘El Rı´o Grande the Conservation Area— scribed in paragraph (1) and this Act, the Del Norte National Conservation Area Estab- (i) in accordance with any applicable laws; more restrictive provision shall control. lishment Act’’. and SEC. 4. DESIGNATION OF WILDERNESS AREAS. SEC. 2. DEFINITIONS. (ii) subject to such terms and conditions as (a) IN GENERAL.—In accordance with the In this Act: the Secretary determines to be appropriate. Wilderness Act (16 U.S.C. 1131 et seq.), the (E) UTILITY CORRIDOR UPGRADES.—Nothing (1) CONSERVATION AREA.—The term ‘‘Con- following areas in the Conservation Area are in this Act precludes the Secretary from au- servation Area’’ means El Rı´o Grande Del designated as wilderness and as components thorizing the upgrading of an existing utility Norte National Conservation Area estab- of the National Wilderness Preservation Sys- corridor (including the widening of an exist- lished by section 3(a)(1). tem: ing easement) through the Conservation (1) CERRO DEL YUTA WILDERNESS.—Certain (2) LAND GRANT COMMUNITY.—The term Area— ‘‘land grant community’’ means a member of land administered by the Bureau of Land (i) in accordance with any applicable laws; the Board of Trustees of confirmed and non- Management in Taos County, New Mexico, and confirmed community land grants within the comprising approximately 13,420 acres as (ii) subject to such terms and conditions as Conservation Area. generally depicted on the map, which shall the Secretary determines to be appropriate. be known as the ‘‘Cerro del Yuta Wilder- (3) MANAGEMENT PLAN.—The term ‘‘man- (F) TRIBAL CULTURAL USES.— agement plan’’ means the management plan ness’’. (i) ACCESS.—The Secretary shall, in con- (2) RI´O SAN ANTONIO WILDERNESS.—Certain for the Conservation Area developed under sultation with Indian tribes or pueblos— section 3(d). land administered by the Bureau of Land (I) ensure the protection of religious and Management in Rio Arriba County, New (4) MAP.—The term ‘‘map’’ means the map cultural sites; and ´ Mexico, comprising approximately 8,000 entitled ‘‘El Rıo Grande Del Norte National (II) provide occasional access to the sites Conservation Area’’ and dated March 23, 2009. acres, as generally depicted on the map, by members of Indian tribes or pueblos for which shall be known as the ‘‘Rı´o San Anto- (5) SECRETARY.—The term ‘‘Secretary’’ traditional cultural and customary uses, means the Secretary of the Interior. nio Wilderness’’. consistent with Public Law 95–341 (com- (b) MANAGEMENT OF WILDERNESS AREAS.— (6) STATE.—The term ‘‘State’’ means the monly known as the ‘‘American Indian Reli- Subject to valid existing rights, the wilder- State of New Mexico. gious Freedom Act’’) (42 U.S.C. 1996). ness areas designated by subsection (a) shall SEC. 3. ESTABLISHMENT OF NATIONAL CON- (ii) TEMPORARY CLOSURES.—In accordance be administered in accordance with the Wil- SERVATION AREA. with Public Law 95–341 (commonly known as derness Act (16 U.S.C. 1131 et seq.) and this (a) ESTABLISHMENT.— the ‘‘American Indian Religious Freedom Act, except that with respect to the wilder- (1) IN GENERAL.—There is established El Act’’) (42 U.S.C. 1996), the Secretary, on re- ness areas designated by this Act— ´ Rıo Grande Del Norte National Conservation quest of an Indian tribe or pueblo, may tem- (1) any reference to the effective date of Area in the State. porarily close to general public use 1 or more the Wilderness Act shall be considered to be (2) AREA INCLUDED.—The Conservation specific areas of the Conservation Area in a reference to the date of enactment of this Area shall consist of approximately 235,980 order to protect traditional cultural and cus- Act; and acres of public land in Taos and Rio Arriba tomary uses in those areas by members of (2) any reference in the Wilderness Act to counties in the State, as generally depicted the Indian tribe or the pueblo. the Secretary of Agriculture shall be consid- on the map. (d) MANAGEMENT PLAN.— ered to be a reference to the Secretary. (b) PURPOSES.—The purposes of the Con- (1) IN GENERAL.—Not later than 3 years (c) INCORPORATION OF ACQUIRED LAND AND servation Area are to conserve, protect, and after the date of enactment of this Act, the INTERESTS IN LAND.—Any land or interest in enhance for the benefit and enjoyment of Secretary shall develop a management plan land within the boundary of the wilderness present and future generations the cultural, for the Conservation Area. areas designated by subsection (a) that is ac- archaeological, natural, scientific, geologi- (2) OTHER PLANS.—To the extent consistent quired by the United States shall— cal, historical, biological, wildlife, edu- with this Act, the plan may incorporate in (1) become part of the wilderness area in cational, recreational, and scenic resources the management plan the Rio Grande Cor- which the land is located; and of the Conservation Area. ridor Management Plan in effect on the date (2) be managed in accordance with— (c) MANAGEMENT.— of enactment of this Act. (A) the Wilderness Act (16 U.S.C. 1131 et (1) IN GENERAL.—The Secretary shall man- (3) CONSULTATION.—The management plan seq.); age the Conservation Area— shall be developed in consultation with— (B) this Act; and (A) in a manner that conserves, protects, (A) State and local governments; (C) any other applicable laws. and enhances the resources of the Conserva- (B) tribal governmental entities; (d) GRAZING.—Grazing of livestock in the tion Area; and (C) land grant communities; and wilderness areas designated by subsection (B) in accordance with— (D) the public. (a), where established before the date of en- (i) the Federal Land Policy and Manage- (4) CONSIDERATIONS.—In preparing and im- actment of this Act, shall be administered in ment Act of 1976 (43 U.S.C. 1701 et seq.); plementing the management plan, the Sec- accordance with— (ii) this Act; and retary shall consider the recommendations (1) section 4(d)(4) of the Wilderness Act (16 (iii) any other applicable laws. of Indian tribes and pueblos on methods for— U.S.C. 1133(d)(4)); and (2) USES.— (A) ensuring access to religious and cul- (2) the guidelines set forth in Appendix A (A) IN GENERAL.—The Secretary shall allow tural sites; of the Report of the Committee on Interior only such uses of the Conservation Area that (B) enhancing the privacy and continuity and Insular Affairs to accompany H.R. 2570 of the Secretary determines would further the of traditional cultural and religious activi- the 101st Congress (H. Rept. 101–405). purposes described in subsection (b). ties in the Conservation Area; and (e) BUFFER ZONES.— (B) USE OF MOTORIZED VEHICLES.— (C) protecting traditional cultural and reli- (1) IN GENERAL.—Nothing in this section (i) IN GENERAL.—Except as needed for ad- gious sites in the Conservation Area. creates a protective perimeter or buffer zone ministrative purposes or to respond to an (e) INCORPORATION OF ACQUIRED LAND AND around any wilderness area designated by emergency, the use of motorized vehicles in INTERESTS IN LAND.—Any land that is within subsection (a).

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10578 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 (2) ACTIVITIES OUTSIDE WILDERNESS in the interpretation of Acts of Con- The Framers had good reason for AREAS.—The fact that an activity or use on gress; to the Committee on the Judici- constructing the legislative process as land outside any wilderness area designated ary. they did. According to The Records of by subsection (a) can be seen or heard within Mr. SPECTER. Mr. President, I seek the Constitutional Convention, the the wilderness area shall not preclude the ac- recognition today on behalf of myself, tivity or use outside the boundary of the wil- veto power was designed to protect derness area. Senator GRASSLEY and Senator citizens from a particular Congress (f) RELEASE OF WILDERNESS STUDY TESTER, to offer the Presidential Sign- that might enact oppressive legisla- AREAS.—Congress finds that, for purposes of ing Statements Act of 2009. The pur- tion. However, the Framers did not section 603(c) of the Federal Land Policy and pose of this bill is to regulate the use want the veto power to be unchecked, Management Act of 1976 (43 U.S.C. 1782(c)), of Presidential Signing Statements in and so, in Article I, section 7, they bal- the public land within the San Antonio Wil- the interpretation of Acts of Congress. derness Study Area not designated as wilder- anced it by allowing Congress to over- ness by this section— This bill is similar in substance to two ride a veto by 2/3 vote. (1) has been adequately studied for wilder- prior versions of this legislation: the As I stated when I initially intro- ness designation; Presidential Signing Statements Act of duced this legislation in 2006, this is a (2) is no longer subject to section 603(c) of 2007, which I introduced on June 29, finely structured constitutional proce- the Federal Land Policy and Management 2007; and the Presidential Signing dure that goes straight to the heart of Act of 1976 (43 U.S.C. 1782(c)); and Statements Act of 2006, which I intro- our system of checks and balances. (3) shall be managed in accordance with duced on July 26, 2006. Any action by the President that cir- this Act. As I have stated before, I believe that cumvents this procedure is an uncon- SEC. 5. GENERAL PROVISIONS. this legislation is necessary to protect stitutional attempt to usurp legislative (a) MAPS AND LEGAL DESCRIPTIONS.— our constitutional system of checks (1) IN GENERAL.—As soon as practicable authority. If the President is permitted after the date of enactment of this Act, the and balances. This bill achieves that to re-write the bills that Congress Secretary shall file the map and legal de- goal in the following ways. passes and cherry pick which provi- scriptions of the Conservation Area and the First, it prevents the President from sions he likes and does not like, he sub- wilderness areas designated by section 4(a) issuing a signing statement that alters verts the constitutional process de- with— the meaning of a statute by instructing signed by the Framers. The Supreme (A) the Committee on Energy and Natural federal and state courts not to rely on, Court has affirmed that the Constitu- Resources of the Senate; and or defer to, presidential signing state- (B) the Committee on Natural Resources of tional process for enacting legislation ments as a source of authority when must be safeguarded. As the Court ex- the House of Representatives. determining the meaning of any Act of (2) FORCE OF LAW.—The map and legal de- plained in INS v. Chahda, ‘‘It emerges Congress. scriptions filed under paragraph (1) shall clearly that the prescription for legis- Second, it grants Congress the power have the same force and effect as if included lative action in Article I, Section 1 and in this Act, except that the Secretary may to participate in any case where the construction or constitutionality of 7 represents the Framers’ decision that correct errors in the legal description and the legislative power of the Federal map. any Act of Congress is in question and Government be exercised in accord (3) PUBLIC AVAILABILITY.—The map and a presidential signing statement for legal descriptions filed under paragraph (1) that Act was issued by allowing Con- with a single, finely wrought and ex- shall be on file and available for public in- gress to file an amicus brief and haustively considered, procedure.’’ 462 spection in the appropriate offices of the Bu- present oral argument in such a case; U.S. 919, 951, 1982. reau of Land Management. It is well within Congress’s power to instructing that, if Congress passes a (b) NATIONAL LANDSCAPE CONSERVATION enact rules of statutory interpretation SYSTEM.—The Conservation Area and the joint resolution declaring its view of the correct interpretation of the stat- intended to preserve this constitu- wilderness areas designated by section 4(a) tional structure. This power flows from shall be administered as components of the ute, the Court must admit that resolu- National Landscape Conservation System. tion into the case record; and providing Article I, section 8, clause 18 of the (c) FISH AND WILDLIFE.—Nothing in this for expedited review in such a case. Constitution, which gives Congress the Act affects the jurisdiction of the State with Since the days of President James power ‘‘To make all laws which shall respect to fish and wildlife located on public Monroe, Presidents have issued state- be necessary and proper for carrying land in the State, except that the Secretary, into execution the foregoing powers, after consultation with the New Mexico De- ments when signing bills. It is widely partment of Game and Fish, may designate agreed that there are legitimate uses and all other powers vested by this zones where, and establishing periods when, for signing statements. For example, Constitution in the Government of the hunting shall not be allowed for reasons of Presidents may use signing statements U.S., or in any department or officer public safety, administration, or public use to instruct executive branch officials thereof.’’ Rules of statutory interpreta- and enjoyment. how to administer a law or to explain tion are ‘‘necessary and proper’’ to exe- (d) WITHDRAWALS.—Subject to valid exist- to the public the likely effect of a law. cute the legislative power. ing rights, any Federal land within the Con- Several scholars have agreed: Jeffer- servation Area and the wilderness areas des- There may be a host of other legiti- ignated by section 4(a), including any land or mate uses. son B. Fordham, a former Dean of the interest in land that is acquired by the It is clear, however, that the Presi- University of Pennsylvania Law School United States after the date of enactment of dent cannot use a signing statement to said, ‘‘[I]t is within the legislative this Act, is withdrawn from— rewrite the words of a statute, nor can power to lay down rules of interpreta- (1) entry, appropriation, or disposal under he use a signing statement to selec- tion for the future;’’ Mark Tushnet, a the public land laws; tively nullify those provisions he does Professor at Harvard Law School ex- (2) location, entry, and patent under the plained, ‘‘In light of the obvious con- mining laws; and not like. This much is clear from our (3) operation of the mineral leasing, min- Constitution. The Constitution grants gressional power to prescribe a stat- eral materials, and geothermal leasing laws. the President a specific, defined role in ute’s terms (and so its meaning), con- (e) TREATY RIGHTS.—Nothing in this Act enacting legislation. Article I, section gressional power to prescribe interpre- enlarges, diminishes, or otherwise modifies 1 of the Constitution vests ‘‘all legisla- tive methods seems to me to follow;’’ any treaty rights. tive powers . . . in a Congress.’’ Article Michael Stokes Paulsen, an Associate SEC. 6. AUTHORIZATION OF APPROPRIATIONS. I, section 7 of the Constitution provides Dean of the University of Minnesota There are authorized to be appropriated that, when a bill is presented to the Law School noted, ‘‘Congress is the such sums as are necessary to carry out this Act. President, he may either sign it or veto master of its own statutes and can pre- it with his objections. He may also scribe rules of interpretation governing By Mr. SPECTER (for himself, choose to do nothing, thus rendering a its own statutes as surely as it may Mr. TESTER, and Mr. GRASS- so-called pocket veto. But the Presi- alter or amend the statutes directly.’’ LEY): dent cannot veto part of a bill—he can- Finally, J. Sutherland, the author of S. 875. A bill to regulate the judicial not veto certain provisions he does not the leading multi-volume treatise for use of presidential signing statements like. the rules of statutory construction has

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10579 said, ‘‘There should be no question that cited an anonymous ‘‘senior adminis- SEC. 4. CONGRESSIONAL RIGHT TO PARTICIPATE an interpretive clause operating pro- tration official’’ as saying, ‘‘the presi- IN COURT PROCEEDINGS OR SUBMIT CLARIFYING RESOLUTION. spectively is within legislative power.’’ dent intended to reserve the right to (a) CONGRESSIONAL RIGHT TO PARTICIPATE Indeed, recent experience shows why use harsher methods in special situa- AS AMICUS CURIAE.—In any action, suit, or such legislation is ‘‘necessary.’’ The tions involving national security.’’ proceeding in any Federal or State court (in- use of signing statements has risen As outrageous as these signing state- cluding the Supreme Court of the United dramatically in recent years. President ments are, intruding on the Constitu- States), regarding the construction or con- Clinton issued 105 signing statements; tion’s delegation of ‘‘all legislative stitutionality, or both, of any Act of Con- President Bush issued 161. What is powers’’ to the Congress, it is even gress in which a presidential signing state- ment was issued, the Federal or State Court more alarming than the sheer numbers, more outrageous that Congress has shall permit the United States Senate, is that President Bush’s signing state- done nothing to protect its constitu- through the Office of Senate Legal Counsel, ments often raised constitutional con- tional powers. In 2006 and 2007, the leg- as authorized in section 701 of the Ethics in cerns and other objections to several islation I introduced giving Congress Government Act of 1978 (2 U.S.C. 288), or the provisions of a law. The President used standing to challenge the constitu- United States House of Representatives, those statements in a way that threat- tionality of these signing statements through the Office of General Counsel for the ened to render the legislative process a failed to muster the veto-proof major- United States House of Representatives, or both, to participate as an amicus curiae, and virtual nullity, making it completely ity it would have surely required. to present an oral argument on the question unpredictable how certain laws will be With a new administration, I believe of the Act’s construction or constitu- enforced. Even where Congress man- the time has come to pass this impor- tionality, or both. Nothing in this section aged to negotiate checks on executive tant legislation. This bill does not seek shall be construed to confer standing on any power, the President used signing to limit the President’s power, and it party seeking to bring, or jurisdiction on statements to override the legislative does not seek to expand Congress’s any court with respect to, any civil or crimi- language and defy congressional in- power. Rather, this bill simply seeks to nal action, including suit for court costs, safeguard our Constitution. In this against Congress, either House of Congress, a tent. Member of Congress, a committee or sub- Two prominent examples make the Congress, it has a better chance of committee of a House of Congress, any office point. In 2006, I spearheaded the deli- mustering a majority vote and being or agency of Congress, or any officer or em- cate negotiations on the PATRIOT Act signed into law by the new President. ployee of a House of Congress or any office or Reauthorization, which included That said, two days after criticizing agency of Congress. months of painstaking efforts to bal- President Bush’s signing statements, (b) CONGRESSIONAL RIGHT TO SUBMIT CLARI- ance national security and civil lib- President Obama issued one of his own FYING RESOLUTION.—In any suit referenced in erties, disrupted by the dramatic dis- regarding the Omnibus Appropriations subsection (a), the full Congress may pass a concurrent resolution declaring its view of closure of the Terrorist Surveillance Act of 2009. Citing among others his the proper interpretation of the Act of Con- Program. The final version of the bill ‘‘commander in chief’’ and ‘‘foreign af- gress at issue, clarifying Congress’s intent or featured a carefully crafted com- fairs’’ powers, he refused to be bound clarifying Congress’s findings of fact, or promise necessary to secure the act’s by at least eleven specific provisions of both. If Congress does pass such a concurrent passage. Among other things, it in- the bill including one long-standing resolution, the Federal or State court shall cluded several oversight provisions de- rider to appropriations bills designed permit the United States Congress, through signed to ensure that the FBI did not to aid congressional oversight. As I the Office of Senate Legal Counsel, to sub- told The Wall Street Journal, ‘‘We are mit that resolution into the record of the abuse special terrorism-related powers case as a matter of right. permitting it to make secret demands having a repeat of what Democrats bit- (c) EXPEDITED CONSIDERATION.—It shall be for business records. The President du- terly complained about under Presi- the duty of each Federal or State court, in- tifully signed the measure into law, dent Bush.’’ I hope this will be the ex- cluding the Supreme Court of the United only to then enter a signing statement ception rather than the rule. States, to advance on the docket and to ex- insisting he could withhold any infor- In the meantime, this bill seeks to pedite to the greatest possible extent the dis- implement measures that will safe- position of any matter brought under sub- mation from Congress required by the section (a). oversight provisions if he decided that guard the constitutional structure of disclosure would ‘‘impair foreign rela- enacting legislation. In preserving this By Mr. SPECTER (for himself tions, national security, the delibera- structure, this bill reinforces the sys- and Mr. WHITEHOUSE): tive process of the executive, or the tem of checks and balances and separa- S. 876. A bill to provide for the sub- performance of the executive’s con- tion of powers set out in our Constitu- stitution of the United States in cer- stitutional duties.’’ tion. tain civil actions relating to electronic The second example arose in 2005. Mr. President, I ask unanimous con- service providers and FISA; to the Congress overwhelmingly passed Sen- sent that the text of the bill be printed Committee on the Judiciary. ator JOHN MCCAIN’S amendment to ban in the RECORD. Mr. SPECTER. Mr. President, I have all U.S. personnel from inflicting There being no objection, the text of sought recognition to reintroduce leg- ‘‘cruel, inhuman or degrading’’ treat- the bill was ordered to be printed in islation that would substitute the ment on any prisoner held by the the RECORD, as follows: United States in the place of electronic United States. There was no ambiguity S. 875 communications service providers who in Congress’s intent; in fact, the Sen- Be it enacted by the Senate and House of Rep- were sued for violating the Foreign In- ate approved it 90 to 9. However, after resentatives of the United States of America in telligence Surveillance Act, FISA, and signing the bill into law, the President Congress assembled, other statutory and constitutional pro- quietly issued a signing statement as- SECTION 1. SHORT TITLE. visions. This Act may be cited as the ‘‘Presidential FISA reform legislation passed the serting that his Administration would Signing Statements Act of 2009’’. Senate in February and July of 2008, construe it ‘‘in a manner consistent SEC. 2. DEFINITION. with the constitutional authority of As used in this Act, the term ‘‘presidential both times by a vote of 68 to 29, before the President to supervise the unitary signing statement’’ means a statement being signed into law by President executive branch and as Commander in issued by the President about a bill, in con- Bush on July 10, 2008. This legislation Chief and consistent with the constitu- junction with signing that bill into law pur- made many necessary changes to FISA tional limitations on the judicial suant to Article I, section 7, of the Constitu- to enhance our intelligence collection power.’’ tion. capabilities, but it also included a con- Many understood this signing state- SEC. 3. JUDICIAL USE OF PRESIDENTIAL SIGNING troversial provision giving retroactive STATEMENTS. ment to undermine the legislation. In a In determining the meaning of any Act of immunity to telecommunications com- January 4, 2006 article titled, ‘‘Bush Congress, no Federal or State court shall panies for their alleged cooperation could bypass new torture ban: Waiver rely on or defer to a presidential signing with the warrantless surveillance pro- right is reserved,’’ the Boston Globe statement as a source of authority. gram authorized by the President after

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10580 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 September 11, 2001. The legislation key provisions. There is nothing Congress S. 876 stripped the Federal courts of jurisdic- can do about it. Be it enacted by the Senate and House of Rep- tion to decide more than 40 consoli- The Supreme Court of the United States resentatives of the United States of America in dated cases involving claims of viola- has gone absent without leave on the issue, Congress assembled, in my legal opinion. When the Detroit Fed- tions of FISA and related statutes, SECTION 1. AMENDMENT TO FISA. eral judge found the terrorist surveillance Title III of the Foreign Intelligence Sur- even though most Members of Congress program unconstitutional, it was [reversed] veillance Act of 1978 Amendments Act of 2008 had not been briefed on the program, by the Sixth Circuit on a 2-to-1 opinion on (Public Law 110-261) is amended by inserting and despite the fact that the judge han- grounds of lack of standing. Then the Su- at the end the following: dling the cases, Chief Judge Vaughn preme Court refused to review the case. But Walker of the Northern District of the very formidable dissenting opinion laid ‘‘SEC. 302. SUBSTITUTION OF THE UNITED California, had questioned the legality out all of the grounds where there was ample STATES IN CERTAIN ACTIONS. of the program in a related opinion basis to grant standing. Now we have Chief ‘‘(a) IN GENERAL.— ‘‘(1) CERTIFICATION.—Notwithstanding any issued just days before the final Senate Judge Walker declaring the [surveillance il- legal]. The Congress ought to let the courts other provision of law, a Federal or State debate. fulfill their constitutional function. court shall substitute the United States for During the February and July FISA an electronic communication service pro- debates, I sought to keep the courts It is not too late to provide for judi- vider with respect to any claim in a covered open as a way to check executive cial review of controversial post-9/11 civil action as provided in this subsection, if branch excesses. Through both a stand- intelligence surveillance activities. the Attorney General certifies to that court alone bill, S. 2402, considered by the The cases before Judge Vaughn Walker that— Senate Judiciary Committee and an are still pending and, even if he were to ‘‘(A) with respect to that claim, the assist- ance alleged to have been provided by the amendment, SA 3927 to S. 2248, offered dismiss them under the statutory de- fenses dubbed retroactive immunity, electronic communication service provider during the Senate’s February debate on was— the FISA reform bill, I proposed to sub- Congress can and should permit the ‘‘(i) provided in connection with an intel- stitute the U.S. Government for the cases to be refiled against the Govern- ligence activity involving communications telephone companies facing lawsuits ment, standing in the shoes of the car- that was— for their alleged cooperation with the riers. ‘‘(I) authorized by the President during the Terrorist Surveillance Program, TSP. This legislation substitutes the U.S. period beginning on September 11, 2001, and Just as in 2008, I propose legislation in place of any electronic communica- ending on January 17, 2007; and ‘‘(II) designed to detect or prevent a ter- that would place the Government in tion service provider who provided rorist attack, or activities in preparation for the shoes of the telephone companies, communications in connection with an a terrorist attack, against the United States; with the same defenses no more and no intelligence activity that was: author- and less. Thus, under the bill, plaintiffs get ized by the President between Sep- ‘‘(ii) described in a written request or di- their day in court and may hold the tember 11, 2001, and January 17, 2007; rective from the Attorney General or the Government accountable for unlawful and designed to detect or prevent a ter- head of an element of the intelligence com- activity, if any, related to the surveil- rorist attack against the U.S. In order munity (or the deputy of such person) to the lance program. At the same time, the for substitution to apply, the elec- electronic communication service provider indicating that the activity was— carriers themselves avoid liability tronic communications service pro- ‘‘(I) authorized by the President; and stemming from their efforts to be good vider must have received a written re- ‘‘(II) determined to be lawful; or citizens. quest from the Attorney General or the ‘‘(B) the electronic communication service I fought hard in 2008 to keep the head of an element of the intelligence provider did not provide the alleged assist- courts open on the question of the community indicating that the activ- ance. TSP, and urged my colleagues to im- ity was authorized by the President ‘‘(2) SUBSTITUTION.— prove the FISA bill. I continue that and determined to be lawful. If the pro- ‘‘(A) IN GENERAL.—Except as provided in fight today with a new Administration vider assisted the Government beyond subparagraph (B), and subject to subpara- in office. During the prior floor debate graph (C), upon receiving a certification what was requested in writing, this leg- under paragraph (1), a Federal or State court I said: ‘‘Although I am prepared to islation will provide no relief to the shall— stomach this bill, if I must, I am not service provider. ‘‘(i) substitute the United States for the yet ready to concede that the debate is The legislation also establishes a electronic communication service provider over. Contrary to the conventional wis- limited waiver of sovereign immunity as the defendant as to all claims designated dom, I don’t believe it is too late to that only applies to ‘‘covered civil ac- by the Attorney General in that certifi- make this bill better.’’ cation, consistent with the procedures under tions’’ essentially, the 40 cases cur- rule 25(c) of the Federal Rules of Civil Proce- As I observed on the floor last year, rently pending before the U.S. District it is necessary for Congress to support dure, as if the United States were a party to Court in the Northern District of Cali- whom the interest of the electronic commu- intelligence collection efforts because fornia. This is to prevent the Govern- nication service provider in the litigation of the continuing terrorist threat. No ment from asserting immunity in the had been transferred; and one wants to be blamed for another 9– event it is substituted for the current ‘‘(ii) as to that electronic communication 11. Indeed, as I acknowledged during defendants. service provider— the debate, my own briefings on the ‘‘(I) dismiss all claims designated by the We can still pass legislation sub- telephone companies’ cooperation with Attorney General in that certification; and stituting the Government for the var- the Government convinced me of the ‘‘(II) enter a final judgment relating to ious telecom defendants and have a ju- program’s value. Nevertheless, I tried those claims. dicial assessment of the constitu- ‘‘(B) CONTINUATION OF CERTAIN CLAIMS.—If to impress upon my colleagues the im- tionality and legality of the controver- a certification by the Attorney General portance and historical context of our sial surveillance. Such a judicial as- under paragraph (1) states that not all of the actions. I said: sessment is necessary to resolve the alleged assistance was provided under a writ- We are dealing here with a matter that is clash between the Executive and Legis- ten request or directive described in para- of historic importance. I believe that years graph (1)(A)(ii), the electronic communica- from now, historians will look back on this lative branches over the legality and tion service provider shall remain as a de- period from 9/11 to the present as the great- constitutionality of the surveillance fendant. est expansion of Executive authority in his- program. ‘‘(C) DETERMINATION.— tory—unchecked expansion of authority. The Mr. President, I ask unanimous con- ‘‘(i) IN GENERAL.—Substitution under sub- President disregards the National Security sent that the text of the bill be printed paragraph (A) shall proceed only after a de- Act of 1947 mandating notice to the Intel- termination by the Foreign Intelligence Sur- in the RECORD. ligence Committee; he doesn’t do it. The veillance Court that— President takes legislation that is presented There being no objection, the text of ‘‘(I) the written request or directive from by Congress and he signs it, and then he the bill was ordered to be printed in the Attorney General or the head of an ele- issues a signing statement disagreeing with the RECORD, as follows: ment of the intelligence community (or the

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10581 deputy of such person) to the electronic com- ‘‘(i) the claim shall be deemed to have been States and shall be removable under that munication service provider under paragraph filed against the United States under section section. (1)(A)(ii) complied with section 1331 of title 28, United States Code; ‘‘(e) RULE OF CONSTRUCTION.—Except as ex- 2511(2)(a)(ii)(B) of title 18, United States ‘‘(ii) with respect to any claim under a pressly provided in this section, nothing in Code; Federal statute that does not provide a cause this section may be construed to limit any ‘‘(II) the assistance alleged to have been of action against the United States, the immunity, privilege, or defense under any provided was undertaken by the electronic plaintiff shall be permitted to amend such other provision of law, including any privi- communication service provider acting in claim to substitute, as appropriate, a cause lege, immunity, or defense that would other- good faith and pursuant to an objectively of action under— wise have been available to the United reasonable belief that compliance with the ‘‘(I) section 704 of title 5, United States States absent its substitution as party-de- written request or directive under paragraph Code (commonly known as the Administra- fendant or had the United States been the (1)(A)(ii) was permitted by law; or tive Procedure Act); named defendant. ‘‘(III) the electronic communication serv- ‘‘(II) section 2712 of title 18, United States ‘‘(f) EFFECTIVE DATE AND APPLICATION.— ice provider did not provide the alleged as- Code; or This section shall apply to any covered civil sistance. ‘‘(III) section 110 of the Foreign Intel- action pending on or filed after the date of ‘‘(ii) CERTIFICATION.—If the Attorney Gen- ligence Surveillance Act of 1978 (50 U.S.C. enactment of this section.’’. eral submits a certification under paragraph 1810); (1), the court to which that certification is ‘‘(iii) the statutes of limitation applicable By Mr. SPECTER: submitted shall— to the causes of action identified in clause S. 877. A bill to provide for the non- ‘‘(I) immediately certify the questions de- (ii) shall apply to any amended claim under discretionary Supreme Court review of scribed in clause (i) to the Foreign Intel- that clause subject to the tolling require- certain civil actions relating to the le- ligence Surveillance Court; and ments of paragraph (2)(D)(ii), and any such ‘‘(II) stay further proceedings in the rel- gality and constitutionality of surveil- cause of action shall be deemed timely filed lance activities; to the Committee on evant litigation, pending the determination if any Federal statutory cause of action of the Foreign Intelligence Surveillance against the electronic communication serv- the Judiciary. Court. ice provider was timely filed; and Mr. SPECTER. Mr. President, I have ‘‘(iii) PARTICIPATION OF PARTIES.—In re- ‘‘(iv) for any amended claim under clause sought recognition to introduce legis- viewing a certification and making a deter- (ii) the United States shall be deemed a prop- lation that will mandate Supreme mination under clause (i), the Foreign Intel- er defendant under any statutes described in Court review of challenges to the ligence Surveillance Court shall permit any that clause, and any plaintiff that had stand- warrantless wiretapping program au- plaintiff and any defendant in the applicable ing to proceed against the original defendant thorized by President Bush after 9/11, covered civil action to appear before the For- shall be deemed an aggrieved party for pur- eign Intelligence Surveillance Court pursu- commonly known as the Terrorist Sur- poses of proceeding under section 2712 of title veillance Program or TSP. ant to section 103 of the Foreign Intelligence 18, United States Code, or section 110 of the Surveillance Act of 1978 (50 U.S.C. 1803). Foreign Intelligence Surveillance Act of 1978 While the Supreme Court generally ‘‘(iv) DECLARATIONS.—If the Attorney Gen- (50 U.S.C. 1810). exercises discretion as to whether it eral files a declaration under section 1746 of ‘‘(C) DISCOVERY.— will review a case or grant ‘‘certio- title 28, United States Code, that disclosure ‘‘(i) IN GENERAL.—In a covered civil action rari,’’ there are precedents for Congress of a determination made pursuant to clause in which the United States is substituted as (i) would harm the national security of the to direct Supreme Court review on con- party-defendant under paragraph (2), any United States, the Foreign Intelligence Sur- stitutional issues—including the stat- plaintiff may serve third-party discovery re- veillance Court shall limit any public disclo- utes forbidding flag burning and requir- quests to any electronic communications sure concerning such determination, includ- ing Congress to abide by Federal em- service provider as to which all claims are ing any public order following such an ex dismissed. ployment laws—and the gravity of this parte review, to a statement that the condi- INDING THE GOVERNMENT.—If a plain- issue merits Congressional action. tions of clause (i) have or have not been met, ‘‘(ii) B tiff in a covered civil action serves deposi- In August 2006, Judge Anna Diggs without disclosing the basis for the deter- Taylor of the U.S. District Court for mination. tion notices under rule 30(b)(6) of the Federal Rules of Civil Procedure or requests for ad- ‘‘(D) SPECIAL RULE.—Notwithstanding any the Eastern District of Michigan issued other provision of this Act— mission under rule 36 of the Federal Rules of a 43-page opinion finding the TSP un- ‘‘(i) in any matter in which the Foreign In- Civil Procedure upon an electronic commu- constitutional. At the time, many ap- telligence Surveillance Court denies dis- nications service provider as to which all plauded and many others criticized her claims were dismissed, the electronic com- missal on grounds that the statutory de- decision, but we have yet to see appel- fenses provided in title VIII of the Foreign munications service provider shall be deemed a party-defendant for purposes rule late review on the merits. Instead, in Intelligence Surveillance Act of 1978 are un- July 2007, the U.S. Court of Appeals for constitutional, the Attorney General shall 30(b)(6) or rule 36 and its answers and admis- be substituted pursuant to this paragraph; sions shall be deemed binding upon the Gov- the 6th Circuit overturned the district and ernment. court’s decision on other grounds. By a ‘‘(ii) if a claim is dismissed pursuant to ‘‘(b) CERTIFICATIONS.— 2–1 vote, in ACLU v. NSA, it declined title VIII of the Foreign Intelligence Surveil- ‘‘(1) IN GENERAL.—For purposes of substi- to rule on the legality of the program, lance Act of 1978 prior to date of enactment tution proceedings under this section— finding that the plaintiffs lacked of this section, the claim against the United ‘‘(A) a certification under subsection (a) may be provided and reviewed in camera, ex standing to bring the suit. The Su- States shall be tolled for the period during preme Court then declined to hear the which the claim was pending and may be re- parte, and under seal; and filled against the United States pursuant to ‘‘(B) for any certification provided and re- case, even though the doctrine of rule 60(b) of the Federal Rules of Civil Proce- viewed as described in subparagraph (A), the standing has enough flexibility, as dure after the date of enactment of this sec- court shall not disclose or cause the disclo- demonstrated by the dissent in the 6th tion. sure of its contents. Circuit, to have enabled it to take up ‘‘(3) PROCEDURES.— ‘‘(2) NONDELEGATION.—The authority and this fundamental clash between Con- ‘‘(A) TORT CLAIMS.—Upon a substitution duties of the Attorney General under this gress and the President. under paragraph (2), for any tort claim— section shall be performed by the Attorney With the Supreme Court abstaining, General or a designee in a position not lower ‘‘(i) the claim shall be deemed to have been another lone district judge took a filed under section 1346(b) of title 28, United than the Deputy Attorney General. States Code, except that sections 2401(b), ‘‘(c) SOVEREIGN IMMUNITY.—This section, stand. In In re National Security Agen- 2675, and 2680(a) of title 28, United States including any Federal statute cited in this cy Telecommunications Records Liti- Code, shall not apply; and section that operates as a waiver of sov- gation, Chief Judge Vaughn Walker in ‘‘(ii) the claim shall be deemed timely filed ereign immunity, constitute the sole waiver the Northern District of California con- against the United States if it was timely of sovereign immunity with respect to any sidered a case brought by an Islamic filed against the electronic communication covered civil action. charity that claims to have been a sub- service provider. ‘‘(d) CIVIL ACTIONS IN STATE COURT.—For ject of the surveillance program. In a ‘‘(B) CONSTITUTIONAL AND STATUTORY purposes of section 1441 of title 28, United CLAIMS.—Upon a substitution under para- States Code, any covered civil action that is 56-page opinion he held that Congress’s graph (2), for any claim under the Constitu- brought in a State court or administrative enactment of the Foreign Intelligence tion of the United States or any Federal or regulatory bodies shall be deemed to arise Surveillance Act of 1978, FISA, had statute— under the Constitution or laws of the United constrained the President’s inherent

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10582 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 authority—if any—to conduct S. 877 This new legislation would expand warrantless wiretapping: ‘‘Congress ap- Be it enacted by the Senate and House of Rep- those protections to reports of sus- pears clearly to have intended to—and resentatives of the United States of America in picious behavior in sectors other than did—establish the exclusive means for Congress assembled, transportation. For example, reports of foreign intelligence surveillance activi- SECTION 1. MANDATORY SUPREME COURT RE- suspicious activity could be equally ties to be conducted. Whatever power VIEW OF CERTAIN CIVIL ACTIONS. important in detecting terrorist plans Chapter 81 of title 28, United States Code, the executive may otherwise have had is amended by inserting at the end the fol- to attack ‘‘soft targets’’ like the ho- in this regard, FISA limits the power lowing: tels, restaurants, and religious institu- of the executive branch to conduct ‘‘SEC. 1260. MANDATORY SUPREME COURT RE- tions targeted in Mumbai. such activities.’’ Nevertheless, this VIEW OF CERTAIN CIVIL ACTIONS Real life examples highlight the need finding is preliminary. CONCERNING SURVEILLANCE AC- for this bill. In December 2008, a Fed- TIVITIES. Whatever Chief Judge Walker ulti- eral jury convicted 5 men from New ‘‘(a) IN GENERAL.—The Supreme Court Jersey of conspiring to murder Amer- mately decides, my bill will permit any shall, if it has not previously ruled on the party who is disaffected by a subse- question, accept jurisdiction over any appeal ican soldiers at Fort Dix. According to quent decision in the Ninth Circuit to of an interlocutory or final judgment, de- law enforcement officials, the report of have the case heard by the Supreme cree, or order of a court of appeals in any an alert store clerk, who reported that Court by eliminating discretionary re- case challenging the legality or constitu- a customer had brought in a video view. Under my bill, the Supreme tionality of— showing men firing weapons and shout- ‘‘(1) the President’s Surveillance Program, ing in Arabic, triggered their investiga- Court would also have to review ap- commonly known as the Terrorist Surveil- peals concerning the constitutionality tion. But for the report of this vigilant lance Program, as defined in section 301(a)(3) store clerk, law enforcement may not or legality of: the Terrorist Surveil- of the Foreign Intelligence Surveillance Act lance Program writ large; the statu- of 1978 Amendments Act of 2008 (Public Law have disrupted this plot against Fort tory immunity for telecommunications 110–261); Dix. providers created by Title II of the ‘‘(2) the statutory defenses established in That store clerk’s action likely saved FISA Amendments Act of 2008; and any Section 802(a)(4) of the Foreign Intelligence hundreds of lives. It also reveals a core other intelligence activity involving Surveillance Act of 1978, as amended by title truth of the dangerous times in which II of the Foreign Intelligence Surveillance we live. Our safety depends on more communications that was authorized Act of 1978 Amendments Act of 2008 (Public by the President during the period be- than just police officers, intelligence Law 110–261); or analysts, and soldiers. It also depends ginning on September 11, 2001, and end- ‘‘(3) any intelligence activity involving ing at such time as the activity was ap- communications that was authorized by the on the alertness and civic responsi- proved by a Federal court. President during the period beginning on bility of all Americans. September 11, 2001, and ending at such time We must encourage citizens to be Relying on similar precedents, the as the activity was approved by a Federal watchful and to report suspicious ac- bill requires the High Court to expedite court. tivity whenever it occurs. That impera- its consideration of such cases. The ‘‘(b) EXPEDITED CONSIDERATION.—The Su- tive is even stronger in the aftermath bill, however, is limited to cir- preme Court shall advance on the docket any of the November 2008 terrorist attacks cumstances where the Court has not appeal referred to in subsection (a), and ex- in Mumbai, where it appears that the previously decided the question at pedite the appeal to the greatest extent pos- terrorists performed reconnaissance on sible.’’. issue. Thus, it does not create a perma- a number of the targets before the ac- SEC. 2. CLERICAL AMENDMENT. nent right of review for all similarly tual attacks. situated parties, but it does require the The chapter analysis for chapter 81 of title 28, United States Code, is amended by insert- Senator LIEBERMAN and I recently Court to take up the matter in the first ing at the end the following: convened two hearings in the Home- instance. ‘‘Sec. 1260. Mandatory supreme court review land Security Committee to examine Congress clearly has the power to re- of certain civil actions con- lessons learned from those horrific at- quire appellate review by the Supreme cerning surveillance activi- tacks. These hearings have reinforced Court under Article III, Section 2 of ties.’’. our long-standing concern that terror- the Constitution, and it has exercised ists might shift their attention from this prerogative. For example, 28 By Ms. COLLINS (for herself and high-value, high-security targets to U.S.C. § 3904 provides for direct appeal Mr. LIEBERMAN): less secure commercial facilities, to the Supreme Court of decisions S. 879. A bill to amend the Homeland where there is the potential for mass ‘‘upon the constitutionality’’ of the Security Act to provide immunity for casualties and widespread panic. As we Congressional Accountability Act if reports of suspected terrorist activity witnessed during the three-day siege of the Court ‘‘has not previously ruled on or suspicious behavior and response; to Mumbai, commercial facilities or ‘‘soft the question’’ and requires the Court to the Committee on the Judiciary. targets,’’ such as the Taj Mahal, Tri- ‘‘expedite the appeal.’’ Congress used Ms. COLLINS. Mr. President, the re- dent, and Oberoi Hotels, are vulner- nearly identical language to provide cent terrorist attacks in Mumbai, able, tempting targets. for direct appeal and expedited Su- India, are a sobering reminder that ter- Many of the Committee’s witnesses preme Court review of the constitu- rorists continue to threaten our Nation during these hearings, including tionality of a ban on flag burning in 18 and civilized people throughout the Charles Allen, DHS’s Chief Intelligence U.S.C. § 700. world. An alert citizenry is our first Officer, Donald Van Duyn, the FBI’s I propose similar action here. It is line of defense against terrorist at- Chief Intelligence Officer, New York hard to conceive of a better case to tacks, particularly attacks like those City Police Commissioner Raymond have finally decided in the Supreme in Mumbai. Our laws must protect indi- Kelley, and Al Orlob, Marriott Inter- Court than one which challenges the viduals from frivolous lawsuits when national’s Vice President for Corporate legality of warrantless wiretapping—or they report, in good faith, suspicious Security, endorsed the idea of expand- the constitutionality of the retroactive behavior that may indicate terrorist ing the 2007 law beyond the transpor- statutory defenses passed by Congress activity. That is why I am introducing tation sector. Indeed, Commissioner last year. legislation, with Senator LIEBERMAN, Kelley said that the 2007 law ‘‘made that will provide these important pro- eminently good sense’’ and rec- Mr. President, I ask unanimous con- tections. ommended ‘‘that it be expanded [to sent that the text of the bill be printed In the 2007 homeland security law, other sectors] if at all possible.’’ in the RECORD. Chairman LIEBERMAN and I coauthored Unfortunately, we have seen that our There being no objection, the text of a provision to encourage people to re- legal system can be used to chill the the bill was ordered to be printed in port potential terrorist threats di- willingness of citizens to come forward the RECORD, as follows: rected against transportation systems. and report possible dangers. As widely

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10583 reported by the media in 2006, US Air- It is not a fight that can be left to law hood Watch Program which is one of the old- ways removed 6 Islamic clerics from a enforcement alone. The police simply est and best-known citizen and law enforce- flight after other passengers expressed can’t be everywhere. Whether at a ment based crime prevention concepts in the concerns that some of the clerics had United States. In the late 1960s, an increase hotel, a mall, or an arena, homeland in crime heightened the need for a crime pre- moved out of the their assigned seats security and law enforcement officials vention initiative focused on residential and had requested, but were not using, need all citizens to alert them to unat- areas involving local citizens. We responded, seat belt extenders that could possibly tended packages and behavior that ap- creating the National Neighborhood Watch double as weapons. In response to these pears out of the ordinary. Program in 1972 to assist citizens and law en- concerns, US Airways officials removed Many national organizations, such as forcement. these individuals from the plane so the Fraternal Order of Police, the Na- For nearly four decades, particularly after that they could further investigate. tional Sheriffs’ Association, the Na- the terrorist attacks in 2001, the nation’s For voicing their reasonable fears sheriffs have witnessed firsthand, citizens be- tional Troopers Coalition, and the Na- coming more empowered by becoming active that these passengers could be rehears- tional Association of Town Watch, sup- in homeland security efforts through partici- ing or preparing to execute a hijacking, port this legislation. pation in Neighborhood Watch. Thus, we un- these honestly concerned travelers If someone ‘‘sees something’’ sus- derstand and recognize the importance of en- found themselves as defendants in a picious, Congress has an obligation to couraging citizen involvement and the role civil rights lawsuit and accused of big- ensure that he or she will ‘‘say some- they play in ensuring homeland security. otry. The old adage about how ‘‘no thing’’ about it. This bill promotes and The proposed measure would build on this good deed goes unpunished’’ is quite concept by providing the needed legal pro- protects that civic duty. I urge my col- tections to individuals who report suspicious apt here. leagues to support it. The existence of this lawsuit clearly activity to an authorized official, in good Mr. President, I ask unanimous con- faith, that might reflect terrorist threats. illustrates how unfair it is to allow pri- sent that letters of support be printed Additionally, it would provide qualified im- vate citizens to be intimidated into si- in the RECORD. munity from civil liability for an authorized lence by the threat of litigation. Would There being no objection, the mate- official who takes reasonable action in good the passengers have spoken up if they rial was ordered to be placed in the faith to respond to the reported activity. had anticipated that there would be a RECORD, as follows; We thank you for your continued leader- ship and support of the nation’s emergency lawsuit filed against them? Even if NATIONAL TROOPERS COALITION such suits fail, they can expose citizens responders. March 24, 2009. Sincerely, to heavy costs in time and legal fees. Hon. SUSAN COLLINS, The bill we introduce today would SHERIFF DAVID A. GOAD, Ranking Member, Committee on Homeland Se- President. provide civil immunity in American curity and Governmental Affairs, U.S. Sen- courts for any person acting in good ate, Washington, DC. NATIONAL ASSOCIATION OF faith who reports any suspicious trans- DEAR SENATOR COLLINS: On behalf of the TOWN WATCH, action, activity, or occurrence related National Troopers Coalition and its 40,000 Wynnewood, PA, March 24, 2009. members comprised of State Troopers and to an act of terrorism. Specifically, the Hon. SUSAN M. COLLINS, Highway Patrol Officers, I am writing in sup- Washington, DC. bill would encourage people to pass on port of your efforts to pass the ‘‘See Some- information to Federal officials with DEAR SENATOR COLLINS: On behalf of the thing, Say Something Act’’. We applaud your National Association of Town Watch responsibility for preventing, pro- efforts to keep this country safe. (NATW), I am writing to express our support tecting against, disrupting, or respond- Our nation is currently at war against ter- for the See Something, Say Something Act ing to a terrorist act or to Federal, rorists that want to destroy our country and of 2009. State, and local law enforcement offi- disrupt our way of life. It is vital that we re- The National Association of Town Watch is cials without fear of being sued for main vigilant in our efforts to combat ter- a nonprofit, crime prevention organization doing their civic duty. Only disclosures rorism and keep our country safe. The See whose members include citizen crime watch Something, Say Something Act, will provide made to those responsible officials groups, law enforcement agencies and other necessary liability protections for citizens organizations across the country involved in would be protected by the legislation. that report suspicious activity and for law Once a report is received, those offi- organized, anticrime activities. NATW also enforcement officers that act upon these re- sponsors the annual ‘‘National Night Out’’ cials would be responsible for assessing ports. We live in a litigious society and one crime prevention event which has grown to its reasonableness and determining should not be fearful of litigation when de- involve over 15,000 communities from all 50 whether further action is required. If termining if he or she should report sus- states on the first Tuesday each August. they take reasonable action to miti- picious activities that could prevent cata- Since 1981, NATW has always promoted the gate the reported threat, they, too, strophic loss of life. What we have learned in concept of citizens working in close coopera- would be protected from lawsuits. Just our efforts to combat terrorism is that ev- tion with their local law enforcement and as we should not discourage reporting eryone needs to remain vigilant and report serving as ‘‘extra eyes and ears.’’ The pro- all suspicious activities. suspicious incidents, we also should posed legislation blends beautifully with We support your efforts to provide liability NATW’s mission. It is critical to legally pro- not discourage reasonable responses to protections for citizens acting in good faith tect individuals who report suspicious activ- them. that report suspicious activity. We can not ity to an authorized official, in good faith, Let me make very clear that this bill turn a ‘‘blind eye’’ to the terrorists we are that might reflect terrorist threats. This leg- does not offer any protection whatso- fighting and we must encourage and support islation also would provide qualified immu- ever if an individual makes a state- an ever vigilant society. nity from civil liability for an authorized of- ment that he or she knows to be false. Respectfully, ficial who takes reasonable action in good No one will be able to use this protec- A. BRADFORD CARD, faith to respond to the reported activity. tion as cover for mischievous, vengeful, Federal Government We thank you for bringing this legislation Affairs (NTC), for: forward and for supporting law enforcement or biased falsehoods. Michael Edes, Chair- Our laws and legal system must not and concerned citizens across our great na- man, National tion. be hijacked to intimidate people into Troopers Coalition. Sincerely, silence or to prevent our officials from MATT A. PESKIN, responding to terrorist threats. Pro- NATIONAL SHERIFFS’ ASSOCIATION, Executive Director. tecting citizens who make good faith Alexandria, VA, March 24, 2009. reports—and that’s an important con- Hon. SUSAN M. COLLINS, NATIONAL FRATERNAL ORDER dition in this bill—of potentially lethal Dirksen Senate Office Building, OF POLICE, activities is essential to maintaining Washington, DC. Washington, DC, April 22, 2009. DEAR SENATOR COLLINS: On behalf of the our homeland security. Our bill offers Hon. SUSAN M. COLLINS, National Sheriffs’ Association (NSA), I am Ranking Member, Committee on Homeland Se- protection in a measured way that dis- writing to express our support for the See curity and Governmental Affairs, U.S. Sen- courages abuses from either side. Something, Say something Act of 2009. ate, Washington, DC. Each of us has an important respon- As you may know, the National Sheriffs’ DEAR SENATOR COLLINS, On behalf of the sibility in the fight against terrorism. Association is the creator of the Neighbor- membership of the Fraternal Order of Police,

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.002 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10584 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 I am writing to advise you of our strong sup- and the Glacier Bay National Monu- constraints prescribed by the 1971 legis- port for the bill you have introduced entitled ment. Yes, there was a cash settlement lation it would take title to large the ‘‘See Something, Say Something Act.’’ of $7.5 million, but the Native people of swaths of roadless acres in pristine por- Following the terrorist attacks on 11 Sep- tember 2001 every American, especially law Southeast Alaska have long believed tions of the Tongass National Forest. enforcement officers, have become more vigi- that it did not adequately compensate The lands it proposes to take for eco- lant. Unfortunately, the increasingly liti- them for the loss of their lands and re- nomic uses under this legislation are gious nature of our society may result in sources. predominantly in roaded and less sen- many citizens choosing to ‘‘stay out of it’’— Beware of the law of unintended con- sitive areas of the Tongass National even if they see something or someone sus- sequences. When the native people of Forest. picious. Citizens who have reported sus- Southeast Alaska chose to pursue their The pools of lands that would be picious activity and law enforcement officers land claims in court they could not available to Sealaska under this legis- who have acted on these reports have been have foreseen that Congress would ulti- lation are depicted on a series of maps sued in Federal, State and local courts even referred to in the bill. It must be em- though their concerns were reasonable and mately settle the land claims of all of without malice. The result is that all of us Alaska’s native people through the phasized that not all of the lands de- may be more hesitant to report or act upon Alaska Native Claims Settlement Act picted on these maps will end up in any suspicious behavior we might see. of 1971. Nor could they have foreseen Sealaska’s ownership. Sealaska cannot Congress took a step in the right direction that they would be disadvantaged in receive title to lands in excess of its re- in 2007 when it passed legislation granting obtaining the return of their aboriginal maining acreage entitlement under the immunity from civil liability for citizens lands because of their early, and ulti- 1971 legislation and this legislation who report suspicious activity and law en- mately successful, effort to litigate does not change that entitlement. forcement officers who act upon such reports Early in the 110th Congress, several involving threats to transportation security. their land claims. Sadly this was the Your bill would expand this immunity to case. of our friends in the other body intro- cover all suspicious activity whether it is in The Alaska Native Claims Settle- duced H.R. 3560 to address these issues. a train station, a Federal building, or a ment Act of 1971 imposed a series of Later in September 2008 I introduced sports stadium. This bill will not only pro- highly prescriptive limitations on the legislation similar to this bill to give tect vigilant individuals from frivolous law- lands that Sealaska Corporation, the all parties time to thoroughly review suits, but it also greatly increases our na- regional Alaska Native Corporation the measure. Over the past two years, tion’s security. Sealaska, and the communities of On behalf of the more than 327,000 members formed for Southeast Alaska, could se- of the Fraternal Order of Police, I would like lect in satisfaction of the Tlingit and Southeast Alaska have worked collabo- to thank you again for your leadership on Haida land claim. None of the other 11 ratively in good faith to identify issues this issue. If I can be of any further assist- Alaska-based regional native corpora- that may arise from the transfer of ance, please do not hesitate to contact me, tions were subject to these limitations. lands on which those communities or Executive Director Jim Pasco, in my Today, I join with my Alaska col- have relied for subsistence and recre- Washington office. league, Sen. MARK BEGICH, cosponsored ation out of the Tongass National For- Sincerely, by Sens. DANIEL AKAKA and DANIEL est and into native corporation owner- CHUCK CANTERBURY, ship. My colleagues in the Alaska con- National President. INOUYE to introduce legislation to right this wrong. gressional delegation and I have de- By Ms. MURKOWSKI (for herself, For the most part, Sealaska Corpora- voted a great deal of time in reaching Mr. BEGICH, Mr. AKAKA, and Mr. tion has agreed to live within the con- out and encouraging comment from INOUYE): straints imposed by the 1971 legisla- Southeast Alaska on this new bill. S. 881. A bill to provide for the settle- tion. It has taken conveyance of rough- Sealaska has itself conducted numer- ment of certain claims under the Alas- ly 290,000 acres from the pool of lands it ous public meetings on the bill ka Native Claims Settlement Act, and was allowed to select under the 1971 throughout the region. I believe that for other purposes; to the Committee act. As Sealaska moves to finalize its these efforts have helped us to formu- on Energy and Natural Resources. land selections it has asked the Con- late a bill that addresses the concerns Ms. MURKOWSKI. Mr. President, gress for flexibility to receive title to we most frequently heard. The Tlingit and Haida people, the first certain lands that it was not permitted The legislation we are introducing people of Southeast Alaska, were per- to select under the prescriptive, and as today in the 111th Congress is different haps the first group of Alaska natives Sealaska believes, discriminatory, lim- from the original bill in numerous re- to organize for the purpose of asserting itations contained in the 1971 legisla- spects. In some cases, the lands open to their aboriginal land claims. The na- tion. Sealaska selection have changed from tive land claims movement in the rest The legislation we are introducing those that were available in the first of Alaska did not gain momentum today would allow Sealaska to select House bill to accommodate community until the 1960s when aboriginal land ti- its remaining entitlement from outside concerns. For example, this bill, com- tles were threatened by the impending of the withdrawal areas permitted in pared to last September’s version, re- construction of the Trans Alaska Pipe- the 1971 legislation. It allows the Na- duces the economic development tim- line. In Southeast Alaska, the taking tive Corporation to select up to 3,600 ber land selection pool to about 78,000 of Native lands for the Tongass Na- acres of its remaining land entitlement acres from 80,000 to protect additional tional Forest and Glacier Bay National from lands with sacred, cultural, tradi- boat anchorages by retention of shore- Monument spurred the Tlingit and tional or historical significance line timber in Shipley Bay on northern Haida people to fight to recover their throughout the Alaska Panhandle. Prince of Wales Island and at Cape Pole lands in the early part of the 20th Cen- Substantial restrictions will be placed on southwest Kosciusko Island. It tury. on the use of these lands. eliminates the Lacy Cover Native Fu- One of the first steps in this battle Up to 5,000 acres of land could be se- tures Site on northern Chichagof Is- came with the formation of the Alaska lected for non-timber related economic land, it provides full public access Native Brotherhood in 1912. In 1935, the development. These lands are called across sacred sites and historic trail Jurisdictional Act, which allowed the ‘‘Native Futures’’ Sites in the bill. conveyances near Yakutat and Kake. It Tlingit and Haida Indians to pursue Other lands referred to as ‘‘economic addresses the concern of the Huna In- their land claims in the U.S. Court of development lands’’ in the bill could be dian Association for management of sa- Claims, was enacted by Congress. used for timber related and non-timber cred sites in Glacier Bay and it deals After decades of litigation, the native related economic development. These with a complaint about the original people of Southeast Alaska received a lands are on Prince of Wales Island, on bill by the U.S. Forest Service. Our cash settlement in 1968 from the Court nearby Kosciusko Island. conversations have led to precedent of Claims for the land previously taken Sealaska observes that if it were re- setting commitment by the Sealaska to create the Tongass National Forest quired to take title to lands within the Corporation to maintain public access

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10585 to the economic development lands it residing in the region of the Regional Cor- 2005, to Native Corporations throughout the receives on Prince of Wales Island for poration bore to the total number of Alaska State of Alaska from the development of subsistence uses and recreational ac- Native shareholders, or the relative size of natural resources, which accounts for 42 per- cess. These commitments are laid out the area to which the Regional Corporation cent of the total revenues shared under that had an aboriginal land claim bore to the size section during that period; in section 4(d) of this bill. of the area to which all Regional Corpora- (9) as a result of the small land entitle- Sealaska also has offered a series of tions had aboriginal land claims; ment of Sealaska, it is critical that the re- commitments to ensure that the bene- (4)(A) Sealaska, the Regional Corporation maining land entitlement conveyances to fits of this legislation flow to the for southeast Alaska, 1 of the Regional Cor- Sealaska under the Alaska Native Claims broader Southeast Alaska economy and porations with the largest number of Alaska Settlement Act (43 U.S.C. 1601 et seq.) are not just to the Corporation and its na- Native shareholders, with more than 21 per- fulfilled to continue to meet the economic, tive shareholders. These commitments cent of all original Alaska Native share- social, and cultural needs of the Alaska Na- tive shareholders of southeast Alaska and are memorialized in a letter from holders, did not receive land under section 12 of the Alaska Native Claims Settlement Act the Alaska Native community throughout Sealaska’s chairman, Alaska State (43 U.S.C. 1611); Alaska; Senator Albert Kookesh, and its presi- (B) the Tlingit and Haida Indian Tribes of (10)(A) the conveyance requirements of the dent and chief executive officer, Chris Alaska was 1 of the entities representing the Alaska Native Claims Settlement Act (43 E. McNeil, Jr. Alaska Natives of southeast Alaska before U.S.C. 1601 et seq.) for southeast Alaska We all hope that after 38 years that the date of enactment of the Alaska Native limit the land eligible for conveyance to this measure can advance to passage Claims Settlement Act (43 U.S.C. 1601 et Sealaska to the original withdrawal areas seq.); and surrounding 10 Alaska Native villages in this Congress and resolve the last 65,000 southeast Alaska, which precludes Sealaska to 85,000 acres of entitlement that (C) Sealaska did not receive land in propor- tion to the number of Alaska Native share- from selecting land located— southeast Alaska’s 23,000 Native share- holders, or in proportion to the size of the (i) in any withdrawal area established for holders have long had a right to re- area to which Sealaska had an aboriginal the Urban Corporations for Sitka and Ju- ceive. It is impossible to expect Alas- land claim, in part because of a United neau, Alaska; or ka’s native corporations to provide States Court of Claims cash settlement to (ii) outside the 10 Alaska Native village meaningful assistance to Alaska’s na- the Tlingit and Haida Indian Tribes of Alas- withdrawal areas; and (B) unlike other Regional Corporations, tive community if they continue to be ka in 1968 for land previously taken to create the Tongass National Forest and Glacier Bay Sealaska was not authorized to request land denied the lands that Congress in- located outside the withdrawal areas de- tended them to receive to utilize to National Monument; (5) the Court of Claims cash settlement of scribed in subparagraph (A) if the with- provide economic benefits for the na- $7,500,000 did not— drawal areas were insufficient to complete tive people’s of the State. I hope this (A) adequately compensate the Alaska Na- the land entitlement of Sealaska under the measure can pass and become law be- tives of southeast Alaska for the significant Alaska Native Claims Settlement Act (43 fore the 40th anniversary of the claims quantity of land and resources lost as a re- U.S.C. 1601 et seq.); (11) 44 percent (820,000 acres) of the 10 Alas- sult of the creation of the Tongass National settlement act in 2011. Justice delayed ka Native village withdrawal areas estab- Forest and Glacier Bay National Monument truly is justice denied. lished under the Alaska Native Claims Set- or other losses of land and resources; or Mr. President, I ask unanimous con- tlement Act (43 U.S.C. 1601 et seq.) described (B) justify the significant disparate treat- sent that the text of the bill be printed in paragraph (10) are composed of salt water ment of Sealaska under the Alaska Native and not available for selection; in the RECORD. Claims Settlement Act (43 U.S.C. 1611); (12) of land subject to the selection rights There being no ojbection, the text of (6)(A) while each other Regional Corpora- of Sealaska, 110,000 acres are encumbered by the bill was ordered to be printed in tion received a significant quantity of land gubernatorial consent requirements under ECORD under sections 12 and 14 of the Alaska Native the R , as follows: the Alaska Native Claims Settlement Act (43 S. 881 Claims Settlement Act (43 U.S.C. 1611, 1613), U.S.C. 1601 et seq.); Sealaska only received land under section Be it enacted by the Senate and House of Rep- (13) the Forest Service and the Bureau of 14(h) of that Act (43 U.S.C. 1613(h)), which resentatives of the United States of America in Land Management grossly underestimated provided a 2,000,000-acre land pool from Congress assembled, the land entitlement of Sealaska under the which Alaska Native selections could be Alaska Native Claims Settlement Act (43 SECTION 1. SHORT TITLE. made for historic sites, cemetery sites, This Act may be cited as the ‘‘Southeast U.S.C. 1601 et seq.), resulting in an insuffi- Urban Corporation land, Native group land, cient area from which Sealaska could select Alaska Native Land Entitlement Finaliza- and Native Allotments; tion Act’’. land suitable for traditional, cultural, and (B) under section 14(h)(8) of that Act (43 socioeconomic purposes to accomplish a set- SEC. 2. FINDINGS; PURPOSE. U.S.C. 1613(h)(8)), after selections are made tlement ‘‘in conformity with the real eco- (a) FINDINGS.—Congress finds that— under paragraphs (1) through (7) of that sec- nomic and social needs of Natives’’, as re- (1)(A) in 1971, Congress enacted the Alaska tion, the land remaining in the 2,000,000-acre quired under that Act; Native Claims Settlement Act (43 U.S.C. 1601 land pool is allocated based on the propor- (14) the 10 Alaska Native village with- et seq.) to recognize and settle the aboriginal tion that the original Alaska Native share- drawal areas in southeast Alaska surround claims of Alaska Natives to land historically holder population of a Regional Corporation the Alaska Native communities of Yakutat, used by Alaska Natives for traditional, cul- bore to the original Alaska Native share- Hoonah, Angoon, Kake, Kasaan, Klawock, tural, and spiritual purposes; and holder population of all Regional Corpora- Craig, Hydaburg, Klukwan, and Saxman; (B) that Act declared that the land settle- tions; and (15) in each withdrawal area, there exist ment ‘‘should be accomplished rapidly, with (C) the only land entitlement of Sealaska factors that limit the ability of Sealaska to certainty, in conformity with the real eco- derives from a proportion of leftover land re- select sufficient land, and, in particular, eco- nomic and social needs of Natives’’; maining from the 2,000,000-acre land pool, es- nomically viable land, to fulfill the land en- (2) the Alaska Native Claims Settlement timated as of the date of enactment of this titlement of Sealaska, including factors such Act (43 U.S.C. 1601 et seq.)— Act at approximately 1,700,000 acres; as— (A) authorized the distribution of approxi- (7) despite the small land base of Sealaska (A) with respect to the Yakutat with- mately $1,000,000,000 and 44,000,000 acres of as compared to other Regional Corporations drawal area— land to Alaska Natives; and (less than 1 percent of the total quantity of (i) 46 percent of the area is salt water; (B) provided for the establishment of Na- land allocated pursuant to the Alaska Native (ii) 10 sections (6,400 acres) around the tive Corporations to receive and manage the Claims Settlement Act (43 U.S.C. 1601 et Situk Lake were restricted from selection, funds and that land to meet the cultural, so- seq.)), Sealaska has— with no consideration provided for the re- cial, and economic needs of Native share- (A) provided considerable benefits to share- striction; and holders; holders; and (iii)(I) 70,000 acres are subject to a guber- (3) under section 12 of the Alaska Native (B) been a significant economic force in natorial consent requirement before selec- Claims Settlement Act (43 U.S.C. 1611), each southeast Alaska; tion; and Regional Corporation, other than Sealaska (8) pursuant to the revenue sharing provi- (II) Sealaska received no consideration Corporation (the Regional Corporation for sions of section 7(i) of the Alaska Native with respect to the consent restriction; southeast Alaska) (referred to in this Act as Claims Settlement Act (43 U.S.C. 1606(i)), (B) with respect to the Hoonah withdrawal ‘‘Sealaska’’), was authorized to receive a Sealaska has distributed more than area, 51 percent of the area is salt water; share of land based on the proportion that $300,000,000 during the period beginning on (C) with respect to the Angoon withdrawal the number of Alaska Native shareholders January 1, 1971, and ending on December 31, area—

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10586 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 (i) 120,000 acres of the area is salt water; sufficient land remaining in the withdrawal (B) to secure ownership of places of sacred, (ii) Sealaska received no consideration re- areas to meet the traditional, cultural, and cultural, traditional, and historical impor- garding the prohibition on selecting land socioeconomic needs of the shareholders of tance to the Alaska Natives of southeast from the 80,000 acres located within the Ad- Sealaska; and Alaska; miralty Island National Monument; and (B) make it difficult for Sealaska to se- (C) to maintain the existing resource de- (iii)(I) the Village Corporation for Angoon lect— velopment and management operations of was allowed to select land located outside (i) places of sacred, cultural, traditional, Sealaska; or the withdrawal area on Prince of Wales Is- and historical significance; and (D) to provide continued economic oppor- land, subject to the condition that the Vil- (ii) Alaska Native futures sites located tunities for Alaska Natives in southeast lage Corporation shall not select land lo- outside the withdrawal areas of Sealaska; Alaska; cated on Admiralty Island; but (17)(A) the deadline for applications for se- (20) in order to realize cultural preserva- (II) no alternative land adjacent to the lection of cemetery sites and historic places tion goals while also diversifying economic out-of-withdrawal land of the Village Cor- on land outside withdrawal areas established opportunities, Sealaska should be authorized poration was made available for selection by under section 14 of the Alaska Native Claims to select and receive conveyance of— Sealaska; Settlement Act (43 U.S.C. 1613) was July 1, (A) sacred, cultural, traditional, and his- (D) with respect to the Kake withdrawal 1976; toric sites and other places of traditional area— (B)(i) as of that date, the Bureau of Land cultural significance, including traditional (i) 64 percent of the area is salt water; and Management notified Sealaska that the and customary trade and migration routes, (ii) extensive timber harvesting by the total entitlement of Sealaska would be ap- to facilitate the perpetuation and preserva- Forest Service occurred in the area before proximately 200,000 acres; and tion of Alaska Native culture and history; 1971 that significantly reduced the value of (ii) Sealaska made entitlement allocation and land available for selection by, and convey- decisions for cultural sites and economic de- (B) Alaska Native future sites to facilitate ance to, Sealaska; velopment sites based on that original esti- appropriate tourism and outdoor recreation (E) with respect to the Kasaan withdrawal mate; enterprises; area— (C) as a result of the Alaska Land Transfer (21) Sealaska has played, and is expected to (i) 54 percent of the area is salt water; and Acceleration Act (Public Law 108–452; 118 continue to play, a significant role in the (ii) the Forest Service previously har- Stat. 3575) and subsequent related deter- health of the southeast Alaska economy; vested in the area; minations and actions of the Bureau of Land (22)(A) the rate of unemployment in south- (F) with respect to the Klawock with- Management, Sealaska will receive signifi- east Alaska exceeds the statewide rate of un- drawal area— cantly more than 200,000 acres pursuant to employment on a non-seasonally adjusted (i) the area consists of only 5 townships, as the Alaska Native Claims Settlement Act (43 basis; and compared to the usual withdrawal area of 9 U.S.C. 1601 et seq.); (B) in January 2008, the Alaska Depart- townships, because of the proximity of the (D) Sealaska would prefer to allocate more ment of Labor and Workforce Development Klawock withdrawal area to the Village of of the entitlement of Sealaska to the acqui- reported the unemployment rate for the Craig, which reduces the selection area by sition of places of sacred, cultural, tradi- Prince of Wales–Outer Ketchikan census area tional, and historical significance; and 92,160 acres; and at 20 percent; (E)(i) pursuant to section 11(a)(1) of the (ii) the Klawock and Craig withdrawal (23) many southeast Alaska communities— Alaska Native Claims Settlement Act (43 areas are 35 percent salt water; (A) are dependent on high-cost diesel fuel U.S.C. 1610(a)(1)), Sealaska was not author- (G) with respect to the Craig withdrawal for the generation of energy; and ized to select under section 14(h)(1) of that area, the withdrawal area consists of only 6 (B) desire to diversify their energy supplies Act (43 U.S.C. 1613(h)(1)) any site within Gla- townships, as compared to the usual with- with wood biomass alternative fuel and other cier Bay National Park, despite the abun- drawal area of 9 townships, because of the renewable and alternative fuel sources; dance of cultural sites within that Park; proximity of the Craig withdrawal area to (24) if the resource development operations (ii) Sealaska seeks cooperative agreements the Village of Klawock, which reduces the of Sealaska cease on land appropriate for to ensure that sites within Glacier Bay Na- selection area by 69,120 acres; those operations, there will be a significant tional Park are subject to cooperative man- (H) with respect to the Hydaburg with- agement by Sealaska, Village and Urban negative impact on— drawal area— Corporations, and federally recognized tribes (A) southeast Alaska Native shareholders; (i) 36 percent of the area is salt water; and with ties to the cultural sites and history of (B) the cultural preservation activities of (ii) Sealaska received no consideration the Park; and Sealaska; under the Haida Land Exchange Act of 1986 (iii) Congress— (C) the economy of southeast Alaska; and (Public Law No. 99–664; 100 Stat. 4303) for re- (I) recognizes the existence of a memo- (D) the Alaska Native community that linquishing selection rights to land within randum of understanding between the Na- benefits from the revenue-sharing require- the withdrawal area that the Haida Corpora- tional Park Service and the Hoonah Indian ments under the Alaska Native Claims Set- tion exchanged to the Forest Service; Association; tlement Act (43 U.S.C. 1601 et seq.); and (I) with respect to the Klukwan withdrawal (II) does not intend to circumvent that (25) on completion of the conveyances of area— memorandum of understanding; and land to Sealaska to fulfill the full land enti- (i) 27 percent of the area is salt water; and (III) intends to ensure that the memo- tlement of Sealaska under the Alaska Native (ii) the withdrawal area is only 70,000 randum of understanding and similar mecha- Claims Settlement Act (43 U.S.C. 1601 et acres, as compared to the usual withdrawal nisms for cooperative management in Gla- seq.), the encumbrances on 327,000 acres of area of 207,360 acres, which reduces the selec- cier Bay are required by law; Federal land created by the withdrawal of tion area by 137,360 acres; and (18)(A) the cemetery sites and historic land for selection by Native Corporations in (J) with respect to the Saxman withdrawal places conveyed to Sealaska pursuant to sec- southeast Alaska would be removed, which area— tion 14(h)(1) of the Alaska Native Claims Set- will facilitate thorough and complete plan- (i) 29 percent of the area is salt water; tlement Act (43 U.S.C. 1613(h)(1)) are subject ning and efficient management relating to (ii) Sealaska received no consideration for to a restrictive covenant not required by law national forest land in southeast Alaska by the 50,576 acres within the withdrawal area that does not allow any type of management the Forest Service. adjacent to the first-class city of Ketchikan or use that would in any way alter the his- (b) PURPOSE.—The purpose of this Act is to that were excluded from selection; toric nature of a site, even for cultural edu- address the inequitable treatment of (iii) Sealaska received no consideration cation or research purposes; Sealaska by allowing Sealaska to select the with respect to the 1977 amendment to the (B) historic sites managed by the Forest remaining land entitlement of Sealaska Alaska Native Claims Settlement Act (43 Service are not subject to the limitations re- under section 14 of the Alaska Native Claims U.S.C. 1601 et seq.) requiring gubernatorial ferred to in subparagraph (A); and Settlement Act (43 U.S.C. 1613) from des- consent for selection of 58,000 acres in that (C) those limitations hinder the ability of ignated Federal land in southeast Alaska lo- area; and Sealaska to use the sites for cultural, edu- cated outside the 10 southeast Alaska Native (iv) 23,888 acres are located within the An- cational, or research purposes for Alaska Na- village withdrawal areas. nette Island Indian Reservation for the tives and others; SEC. 3. SELECTIONS IN SOUTHEAST ALASKA. Metlakatla Indian Tribe and are not avail- (19) unless Sealaska is allowed to select (a) SELECTION BY SEALASKA.— able for selection; land outside designated withdrawal areas in (1) IN GENERAL.—Notwithstanding section (16) the selection limitations and guide- southeast Alaska, Sealaska will not be 14(h)(8)(B) of the Alaska Native Claims Set- lines applicable to Sealaska under the Alas- able— tlement Act (43 U.S.C. 1613(h)(8)(B)), ka Native Claims Settlement Act (43 U.S.C. (A) to complete the land entitlement selec- Sealaska is authorized to select and receive 1601 et seq.)— tions of Sealaska under the Alaska Native conveyance of the remaining land entitle- (A) are inequitable and inconsistent with Claims Settlement Act (43 U.S.C. 1601 et ment of Sealaska under that Act (43 U.S.C. the purposes of that Act because there is in- seq.); 1601 et seq.) from Federal land located in

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10587 southeast Alaska from each category de- (3) Alaska Native futures sites with tradi- (2) land located within a withdrawal area scribed in subsection (b). tional and recreational use value, as identi- that is not conveyed to a southeast Alaska (2) NATIONAL PARK SERVICE.—The National fied on the map entitled ‘‘Native Futures Regional Corporation or Village Corporation Park Service is authorized to enter into a co- Sites’’, dated March 9, 2009, and labeled ‘‘At- shall be returned to the unencumbered man- operative management agreement described tachment D’’, subject to the condition that agement of the Forest Service as a part of in subsection (c)(2) for the purpose, in part, not more than 5,000 acres shall be selected the Tongass National Forest. of recognizing and perpetuating the values of for those purposes. (c) LIMITATION.—Sealaska shall not select the National Park Service, including those (c) SITES IN CONSERVATION SYSTEM UNITS.— or receive under this Act any conveyance of values associated with the Tlingit homeland (1) IN GENERAL.—No site with sacred, cul- land pursuant to paragraph (1) or (3) of sec- and culture, wilderness, and ecological pres- tural, traditional, or historic significance tion 3(b) located within— ervation. that is identified in the document labeled (1) any conservation system unit; (b) CATEGORIES.—The categories referred to ‘‘Attachment B’’ and located within a unit of (2) any federally designated wilderness in subsection (a) are the following: the National Park System shall be conveyed area; or (1)(A) Economic development land from to Sealaska pursuant to this Act. (3) any land use designation I or II area. the area of land identified on the map enti- (2) COOPERATIVE AGREEMENTS.— (d) APPLICABLE EASEMENTS AND PUBLIC AC- tled ‘‘Sealaska ANCSA Land Entitlement (A) IN GENERAL.—The Director of the Na- CESS.— Rationalization Pool’’, dated March 9, 2009, tional Park Service shall offer to enter into (1) IN GENERAL.—The conveyance to and labeled ‘‘Attachment A’’. a cooperative management agreement with Sealaska of land pursuant to paragraphs (1) (B) A nonexclusive easement to Sealaska Sealaska, other Village Corporations and and (2)(A)(ii) of section 3(b) that is located to allow— Urban Corporations, and federally recognized outside a withdrawal area designated under (i) access on the forest development road Indian tribes with cultural and historical section 16(a) of the Alaska Native Claims and use of the log transfer site identified in ties to Glacier Bay National Park, in accord- Settlement Act (43 U.S.C. 1615(a)) shall be paragraphs (3)(c) and (3)(d) of the patent ance with the requirements of subparagraph subject to— numbered 50–85–0112 and dated January 4, (B). (A) a reservation for easements for public 1985; (B) REQUIREMENTS.—A cooperative agree- access on the public roads depicted on the (ii) access on the forest development road ment under this paragraph shall— document labeled ‘‘Attachment E’’ and dated identified in paragraphs (2)(a) and (2)(b) of (i) recognize the contributions of the Alas- March 9, 2009; the patent numbered 50–92–0203 and dated ka Natives of southeast Alaska to the his- (B) a reservation for easements along the February 24, 1992; and tory, culture, and ecology of Glacier Bay Na- temporary roads designated by the Forest (iii) access on the forest development road tional Park and the surrounding area; Service as of the date of enactment of this identified in paragraph (2)(a) of the patent (ii) ensure that the resources within the Act for the public access trails depicted on numbered 50–94–0046 and dated December 17, Park are protected and enhanced by coopera- the document labeled ‘‘Attachment E’’ and 1993. tive activities and partnerships among feder- dated March 9, 2009; (2) Sites with sacred, cultural, traditional, ally recognized Indian tribes, Village Cor- (C) any valid preexisting right reserved or historic significance, including tradi- porations and Urban Corporations, Sealaska, pursuant to section 14(g) or 17(b) of the Alas- tional and customary trade and migration and the National Park Service; ka Native Claims Settlement Act (43 U.S.C. routes, archeological sites, cultural land- (iii) provide opportunities for a richer vis- 1613(g), 1616(b)); and scapes, and natural features having cultural itor experience at the Park through direct significance, subject to the condition that— interactions between visitors and Alaska Na- (D)(i) the right of noncommercial public (A) not more than 2,400 acres shall be se- tives, including guided tours, interpretation, access for subsistence uses, consistent with lected for this purpose, from land identified and the establishment of culturally relevant title VIII of the Alaska National Interest on— visitor sites; and Lands Conservation Act (16 U.S.C. 3111 et (i) the map entitled ‘‘Places of Sacred, Cul- (iv) provide appropriate opportunities for seq.), and recreational access without liabil- tural, Traditional and Historic Signifi- ecologically sustainable visitor-related edu- ity to Sealaska; and cance’’, dated March 9, 2009, and labeled ‘‘At- cation and cultural interpretation within the (ii) the right of Sealaska to regulate access tachment B’’; and Park— for public safety, cultural, or scientific pur- (ii) the map entitled ‘‘Traditional and Cus- (I) in a manner that is not in derogation of poses, environmental protection, and uses in- tomary Trade and Migration Routes’’, dated the purposes and values of the Park (includ- compatible with natural resource develop- March 9, 2009, and labeled ‘‘Attachment C’’, ing those values associated with the Park as ment, subject to the condition that Sealaska which includes an identification of— a Tlingit homeland); and shall post on any applicable property, in ac- (I) a conveyance of land 25 feet in width, (II) in a manner consistent with wilderness cordance with State law, notices of any such together with 1-acre sites at each terminus and ecological preservation. condition. and at 8 locations along the route, with the (C) REPORT.—Not later than 2 years after (2) EFFECT.—No right of access provided to route, location, and boundaries of the con- the date of enactment of this Act, the Direc- any individual or entity (other than veyance described on the map inset entitled tor of the National Park Service shall sub- Sealaska) by this subsection— ‘‘Yakutat to Dry Bay Trade and Migration mit to Congress a report describing each ac- (A) creates any interest of such an indi- Route’’, dated March 9, 2009, and labeled ‘‘At- tivity for cooperative management of each vidual or entity in the land conveyed to tachment C’’; site described in subparagraph (A) carried Sealaska in excess of that right of access; or (II) a conveyance of land 25 feet in width, out under a cooperative agreement under (B) provides standing in any review of, or together with 1-acre sites at each terminus, this paragraph. challenge to, any determination by Sealaska with the route, location, and boundaries of SEC. 4. CONVEYANCES TO SEALASKA. regarding the management or development the conveyance described on the map inset (a) TIMELINE FOR CONVEYANCE.— of the applicable land. entitled ‘‘Bay of Pillars to Port Camden (1) IN GENERAL.—Not later than 1 year after (e) CONDITIONS ON SACRED, CULTURAL, AND Trade and Migration Route’’, dated March 9, the date of selection of land by Sealaska HISTORIC SITES.—The conveyance to 2009, and labeled ‘‘Attachment C’’; and under paragraphs (1) and (3) of section 3(b), Sealaska of land selected pursuant to section (III) a conveyance of land 25 feet in width, the Secretary of the Interior (referred to in 3(b)(2)— together with 1-acre sites at each terminus, this Act as the ‘‘Secretary’’) shall complete (1) shall be subject to a covenant prohib- with the route, location, and boundaries of the conveyance of the land to Sealaska. iting any commercial timber harvest or min- the conveyance described on the map inset (2) SIGNIFICANT SITES.—Not later than 2 eral development on the land; entitled ‘‘Portage Bay to Duncan Canal years after the date of selection of land by (2) shall not be subject to any additional Trade and Migration Route,’’ dated March 9, Sealaska under section 3(b)(2), the Secretary restrictive covenant based on cultural or his- 2009, and labeled ‘‘Attachment C’’; and shall complete the conveyance of the land to toric values, or any other restriction, en- (B) an additional 1,200 acres may be used Sealaska. cumbrance, or easement, except as provided by Sealaska to acquire places of sacred, cul- (b) EXPIRATION OF WITHDRAWALS.—On com- in sections 14(g) and 17(b) of the Alaska Na- tural, traditional, and historic significance, pletion of the selection by Sealaska and the tive Claims Settlement Act (43 U.S.C. 1613(g), archeological sites, traditional, and cus- conveyances to Sealaska of land under sub- 1616(b)); and tomary trade and migration routes, and section (a) in a manner that is sufficient to (3) shall allow use of the land as described other sites with scientific value that advance fulfill the land entitlement of Sealaska in subsection (f). the understanding and protection of Alaska under the Alaska Native Claims Settlement (f) USES OF SACRED, CULTURAL, TRADI- Native culture and heritage that— Act (43 U.S.C. 1601 et seq.)— TIONAL, AND HISTORIC SITES.—Any sacred, (i) as of the date of enactment of this Act, (1) the original withdrawal areas set aside cultural, traditional, or historic site or trade are not fully identified or adequately docu- for selection by Native Corporations in or migration route conveyed pursuant to mented for cultural significance; and southeast Alaska under that Act (as in effect this Act may be used for— (ii) are located outside of a unit of the Na- on the day before the date of enactment of (1) preservation of cultural knowledge and tional Park System. this Act) shall be rescinded; and traditions associated with such a site;

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(2) historical, cultural, and scientific re- uled to occur after the date of enactment of By Mr. REID (for Mr. KENNEDY search and education; this Act. (for himself and Mr. GRASSLEY): (3) public interpretation and education re- (2) BOUNDARY ADJUSTMENTS.—The Sec- S. 882. A bill to amend the Federal garding the cultural significance of those retary of Agriculture shall implement any Food, Drug, and Cosmetic Act to en- land ownership boundary adjustments to the sites to Alaska Natives; sure the safety and quality of medical (4) protection and management of the site Tongass National Forest Land and Resources to preserve the natural and cultural features Management Plan resulting from the imple- products and enhance the authorities of the site, including cultural traditions, val- mentation of this Act through a technical of the Food and Drug Administration, ues, songs, stories, names, crests, and clan amendment to that Plan. and for other purposes; to the Com- usage, for the benefit of future generations; (d) NO EFFECT ON EXISTING INSTRUMENTS, mittee on Health, Education, Labor and PROJECTS, OR ACTIVITIES.— and Pensions. (5) site improvement activities for any pur- (1) IN GENERAL.—Nothing in this Act or the Mr. GRASSLEY. Mr. President, over pose described in paragraphs (1) through (4), implementation of this Act revokes, sus- the last 5 years I have conducted exten- subject to the condition that the activities pends, or modifies any permit, contract, or other legal instrument for the occupancy or sive oversight of the Food and Drug are consistent with the sacred, cultural, tra- Administration. As a result of my over- ditional, or historic nature of the site. use of Tongass National Forest land, or any (g) TERMINATION OF RESTRICTIVE COV- determination relating to a project or activ- sight activities, I identified serious ENANTS.— ity that authorizes that occupancy or use, problems at the FDA that included: the (1) IN GENERAL.—Each restrictive covenant that is in effect on the day before the date of quashing of scientific opinion within regarding cultural or historical values with enactment of this Act. the agency; delays in informing the respect to any interim conveyance or patent (2) TREATMENT.—The conveyance of land to public of emerging safety problems; too Sealaska pursuant to this Act shall be sub- for a historic or cemetery site issued to cozy a relationship between the FDA Sealaska pursuant to the regulations con- ject to the instruments and determinations described in paragraph (1) to the extent that and the industries it is supposed to reg- tained in sections 2653.3 and 2653.11 of title ulate; and a failure to be adequately 43, Code of Federal Regulations (as in effect those instruments and determinations au- on the date of enactment of this Act), in ac- thorize occupancy or use of the land so con- transparent and accountable to the cordance with section 14(h)(1) of the Alaska veyed. public. (e) TECHNICAL CORRECTIONS.— Native Claims Settlement Act (43 U.S.C. The FDA will require strong leader- (1) TRIBAL FOREST PROTECTION.—Section 1613(h)), terminates on the date of enactment ship to rebuild public confidence and 2(a)(2) of the Tribal Forest Protection Act of of this Act. tackle the cultural and organizational 2004 (25 U.S.C. 3115a(a)(2)) is amended— (2) REMAINING CONDITIONS.—Land subject to (A) in subparagraph (A), by inserting ‘‘, or problems that have plagued the agen- a covenant described in paragraph (1) on the is conveyed to an Alaska Native Corporation cy. day before the date of enactment of this Act pursuant to the Alaska Native Claims Set- Strong leadership alone, however, shall be subject to the conditions described tlement Act (43 U.S.C. 1601 et seq.)’’ before will not fix all the problems. in subsection (e). the semicolon; and The agency needs additional tools, (3) RECORDS.—Sealaska shall be responsible (B) in subparagraph (B)(i)— for recording with the land title recorders of- resources, and authorities to fulfill its (i) in subclause (I), by striking ‘‘or’’ at the mission of protecting the health and fice of the State of Alaska any modification end; and to an existing conveyance of land under sec- safety of the American people. (ii) by adding at the end the following: In September 2007, the Congress tion 14(h)(1) of the Alaska Native Claims Set- ‘‘(III) is owned by an Alaska Native Cor- tlement Act (43 U.S.C. 1613(h)(1)) as a result poration established pursuant to the Alaska passed the Food and Drug Administra- of this Act. Native Claims Settlement Act (43 U.S.C. 1601 tion Amendments Act to provide FDA (h) CONDITIONS ON ALASKA NATIVE FUTURES et seq.) and is forest land or formerly had a some of the needed tools, resources, LAND.—Each conveyance of land to Sealaska forest cover or vegetative cover that is capa- and authorities. selected under section 3(b)(3) shall be subject ble of restoration; or’’. This legislation was a positive step only to— (2) NATIONAL HISTORIC PRESERVATION.—Sec- (1) a covenant prohibiting any commercial forward in strengthening the agency tion 301 of the National Historic Preserva- timber harvest or mineral development; and and restoring the public’s trust in the tion Act (16 U.S.C. 470w) is amended by strik- (2) the restrictive covenants, encum- FDA, but Congress’s work is not done. ing paragraph (14) and inserting the fol- brances, or easements under sections 14(g) Today, I am here to talk about an- lowing: and 17(b) of the Alaska Native Claims Settle- other FDA bill. ‘‘(14)(A) ‘Tribal lands’ means— ment Act (43 U.S.C. 1613(g), 1616(b)). In the summer of 2007, I started ex- ‘‘(i) all land within the exterior boundaries SEC. 5. MISCELLANEOUS. of any Indian reservation; amining FDA’s program for inspections (a) STATUS OF CONVEYED LAND.—Each con- ‘‘(ii) all dependent Indian communities; of foreign pharmaceutical manufac- veyance of Federal land to Sealaska pursu- and turing plants. ant to this Act, and each action carried out ‘‘(iii) land held by an incorporated Alaska I expressed concerns to the FDA re- to achieve the purpose of this Act, shall be Native group, a Regional Corporation, or a garding, among other things, inspec- considered to be conveyed or acted on, as ap- Village Corporation pursuant to the Alaska tion funding, emerging exporters, and plicable, pursuant to the Alaska Native Native Claims Settlement Act (43 U.S.C. 1601 severe weaknesses in the inspection Claims Settlement Act (43 U.S.C. 1601 et et seq.). seq.). process. ‘‘(B) Nothing in this paragraph validates, An increasing amount of the drugs (b) ENVIRONMENTAL MITIGATION AND INCEN- invalidates, or otherwise affects any claim TIVES.—Notwithstanding subsection (e) and regarding the existence of Indian country (as and active pharmaceutical ingredients (h) of section 4, all land conveyed to defined in section 1151 of title 18, United Americans use are being manufactured Sealaska pursuant to the Alaska Native States Code) in the State of Alaska.’’. in foreign countries, primarily in China Claims Settlement Act (43 U.S.C. 1601 et seq.) SEC. 6. MAPS. and India. and this Act shall be considered to be quali- (a) AVAILABILITY.—Each map referred to in Yet as reported by the Government fied to receive or participate in, as applica- this Act shall be maintained on file in— Accountability Office in November ble— (1) the office of the Chief of the Forest 2007, the Food and Drug Administra- (1) any federally authorized carbon seques- Service; and tration program, ecological services pro- tion does not know how many foreign (2) the office of the Secretary. establishments are subject to inspec- gram, or environmental mitigation credit; (b) CORRECTIONS.—The Secretary or the and Chief of the Forest Service may make any tion and the agency conducts rel- (2) any other federally authorized environ- necessary correction to a clerical or typo- atively few foreign inspections each mental incentive credit or program. graphical error in a map referred to in this year. (c) NO MATERIAL EFFECT ON FOREST Act. According to the FDA, from fiscal PLAN.— (c) TREATMENT.—No map referred to in this year 2002 through fiscal year 2007, the (1) IN GENERAL.—The implementation of Act shall be considered to be an attempt by agency conducted fewer than 1,400 in- this Act, including the conveyance of land to the Federal Government to convey any State Sealaska, alone or in combination with any or private land. spections of foreign pharmaceutical fa- other factor, shall not require an amendment SEC. 7. AUTHORIZATION OF APPROPRIATIONS. cilities. of, or revision to, the Tongass National For- There are authorized to be appropriated And these inspections were often con- est Land and Resources Management Plan such sums as are necessary to carry out this ducted in countries with few reported before the first revision of that Plan sched- Act and the amendments made by this Act. quality concerns.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10589 In China, the world’s largest pro- mitment and efforts over the years to military men and women who have ducer of active pharmaceutical ingredi- reform and improve the FDA. been recipients of the Medal of Honor, ents, and where we have seen increas- I am going to spend the next few and to promote awareness of what the ing reports of contaminated products, minutes highlighting some of the Medal of Honor represents and how or- only 11 inspections were conducted dur- things the Drug and Device Account- dinary Americans, through courage, ing fiscal year 2007—that is way too ability Act of 2009 would do. sacrifice, selfless service and patriot- few. This bill would augment FDA’s re- ism, can challenge fate and change the During the same year, FDA con- sources through the collection of in- course of history; to the Committee on ducted 14 inspections in Switzerland, 18 spection fees. Banking, Housing, and Urban Affairs. in Germany, and 24 in France—all It also expands the agency’s author- Mr. KERRY. Mr. President, today countries with advanced regulatory in- ity for ensuring the safety of drugs and along with Senator GRAHAM, I am in- frastructures. medical devices, including foreign troducing the Medal of Honor Com- In addition, FDA officials estimated manufactured drugs and devices by ex- memorative Coin Act of 2009 to assist that the agency inspected foreign class panding FDA’s authority to inspect the Congressional Medal of Honor II device makers every 27 years and for- foreign manufacturers and importers; Foundation in raising the funds it eign class III device makers every 6 allowing the FDA to issue subpoenas; needs to promote the qualities which years. and allowing the FDA to detain a de- the Medal of Honor embodies—courage, Class III devices are devices that sup- vice or drug when its inspectors have sacrifice, selfless service, and patriot- port or sustain human life or present a reason to believe the product is adul- ism. potentially unreasonable risk of illness terated or misbranded. The Medal of Honor was first author- or injury, such as pacemakers and In addition, the bill would require in- ized by Congress in 1861 and represents heart defibrillators. dividuals responsible for submitting a our Nation’s highest award for valor in In January 2008, we saw too well drug or device application or a report action against an enemy force. The what happens when we have a broken related to safety or efficacy to certify medal symbolizes the value we, as a inspection system. Nation, place on the power of one indi- Baxter International Inc. tempo- that the application or report complies vidual to make a difference in extraor- rarily suspended production of its with applicable regulations and is not blood thinner Heparin because of an in- false or misleading. Civil as well as dinary circumstances through selfless crease in reports of adverse events that criminal penalties could be imposed for actions of bravery. Although the Medal may be associated with its drug. Then false or misleading certifications. of Honor was created for the Civil War, recalls were announced. There were se- I believe this is an important provi- Congress made it a permanent decora- rious concerns about whether or not sion given the troubling findings over tion in 1863. Since then, fewer than this country would have enough Hep- the last few years; that is, that some 3,500 Medals of Honor have been award- arin to meet patient needs as a result companies have withheld important ed to members of the U.S. Armed of the contamination. After several safety information from the FDA or Forces—approximately half during the months, FDA’s investigation found buried that information in their sub- Civil War. Today, there are only 111 that the active ingredient in Heparin, missions to the agency. living recipients. These select few ex- which was made at a facility in China, In addition, in light of recent serious emplify the values of our great nation was contaminated. And the serious ad- allegations that have been raised by through their incredible acts of brav- verse events in patients who received scientists within the FDA regarding ery and commitment to our country. Heparin were linked to the contami- the agency’s handling of medical de- The Congressional Medal of Honor nated blood thinner. vice reviews, the bill calls for an Insti- Foundation was formed in 1999. This The recalls and investigation of con- tute of Medicine study to examine 501(c)(3) not-for-profit organization taminated Heparin highlighted signifi- FDA’s system for clearing and approv- promotes heroism and selflessness cant weaknesses in FDA’s oversight of ing devices for marketing. among our Nation’s youth by perpet- the production and supply chain and During President Obama’s weekly ad- uating the Medal of Honor’s legacy emphasized the need to improve FDA’s dress last month, the President stated, through increased awareness, edu- protection of the safety of products ‘‘There are certain things only a gov- cation, scholarships, behavior, and ex- made in this country and abroad. ernment can do. And one of those ample. The commemorative coins will The FDA is charged with ensuring things is ensuring that the foods we be legal tender, emblematic of the spir- the safety and efficacy of drugs, phar- eat, and the medicines we take, are it of the Medal of Honor, giving the maceutical ingredients, and devices safe and do not cause us harm.’’ holder a physical reminder of the produced around the world despite its I concur, and the Drug and Device American tradition of selfless service inadequate budget for inspections, in Accountability Act is an opportunity and sacrifice. These coins will be mint- particular foreign inspections. for Congress to help FDA do a better ed for the year 2011, marking the 150th It is troubling that the FDA is gross- job of ensuring that our increasingly anniversary of the Medal of Honor’s ly under-resourced at a time when for- foreign-produced drug and device sup- initial authorization by Congress. eign production of drugs and active ply is safe and effective. Today, in Iraq and Afghanistan, pharmaceutical ingredients is growing I look forward to working with my American soldiers not only serve their at record rates. colleagues in the Senate and with the country selflessly but do so in an exem- Last Congress, I introduced the Drug Obama administration to ensure that plary manner. In this time of war and and Device Accountability Act of 2008 FDA has the necessary tools and re- sacrifice it is of utmost importance with Senator KENNEDY, chairman of sources to meet its oversight respon- that we show the people fighting for the Committee on Health, Education, sibilities. their country how much we value their Labor, and Pensions. The Congress did service. not have an opportunity to act on that By Mr. KERRY (for himself and This is the medal won by Sergeant legislation. So today Senator KENNEDY Mr. GRAHAM): First Class Paul R. Smith. Under at- and I are introducing the Drug and De- S. 883. A bill to require the Secretary tack at the Baghdad International Air- vice Accountability Act of 2009. of the Treasury to mint coins in rec- port, Sergeant Smith quickly orga- Senator KENNEDY is not able to join ognition and celebration of the estab- nized the defense on the ground to en- me on the Senate floor, but I thank lishment of the Medal of Honor in 1861, gage a company-sized enemy force. He him for his cooperation and work with America’s highest award for valor in showed no concern for his own personal my office on this important legisla- action against an enemy force which safety when he mounted a personnel tion. can be bestowed upon an individual carrier and manned a .50 caliber ma- I also want to take this opportunity serving in the Armed Services of the chine gun while under fire from the to express my appreciation for his com- United States, to honor the American enemy and was mortally wounded in

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10590 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 doing so. His valor lead to the defeat of local government leases existing high- erence, the Model T is 101 years old— the enemy and saved the lives of nu- ways to a private party, often on a very can we even pretend to imagine what merous injured members of his platoon. long-term basis. We have already seen the next century will bring? These very This is the medal won by Captain two existing highways sold off to pri- long lease lengths are all the more Humbert Roque Versace. During an in- vate companies. In 2004, Chicago sold troubling because these deals often tense attack by the Viet Cong in the Macquarie of Australia concession contain non-compete clauses, which Xuyen Providence Captain Versace was rights to the Chicago Skyway for 99 make it difficult for public transpor- wounded while engaging the enemy. Al- years, in exchange for $1.8 billion. In tation agencies to address safety and though he fought against capture 2006, Indiana sold concession rights to congestion problems on highways and through injury and hostility he was the Indiana Toll Road to a partnership adjacent streets. taken prisoner. While incarcerated between Cintra of Spain and Macquarie It is true that private lessors are Captain Versace exemplified the Code for 75 years, in exchange for $3.8 bil- merely following the letter of the law. of Conduct as a prisoner of war, at- lion. Both deals have generated signifi- But when cost-recovery rules subsidize tempted to escape three times and cant interest from the press and the fi- forms of investment that contravene never gave in to the brutal interroga- nancial community. Now, investors are the public interest, Congress should tions all while maintaining command approaching state and local govern- change those rules. Indeed, public pol- over his fellow American soldiers that ments across the country, seeking a icy concerns have already led Congress were also imprisoned setting an ex- piece of what is believed to be a very to alter cost-recovery rules for other traordinary example. lucrative pie. For instance, last year assets, such as luxury cars, sport util- This is the medal won by Marine Governor Ed Rendell proposed a $12.8 ity vehicles, and sports franchises. Corps Second Lieutenant Robert Dale billion deal for a 75-year sale of conces- Senator GRASSLEY and I agree that Reem, who on the night of November 6, sion rights to the Pennsylvania Turn- to protect the American taxpayer, such 1950, after leading three separate as- pike, which, if ratified, would represent an alteration is also necessary here. saults on an enemy position in the vi- the largest privatization of highway in- It’s time for the tax tail to stop wag- cinity of Chinhung-ni, Korea, threw frastructure in U.S. history. ging the dog, by cutting off Federal tax himself on top of an enemy grenade While I agree that States should have subsidies to companies that privatize that landed amidst his men. some latitude to determine how to op- existing American highways. Our first Since 1863 this country has been hon- erate their own highways, that doesn’t bill, the Transportation Access for All oring its greatest heroes by decorating mean that the Federal taxpayer should Americans Act, would do just that. It them with the Congressional Medal of subsidize leasing these highways. But would allow a private operator of an Honor. This is an elite group of men as we uncovered at a Finance Sub- existing highway to depreciate costs and women who make us proud every- committee on Energy, Natural Re- associated with tangible highway infra- day of the U.S. Armed Forces and the sources and Infrastructure hearing structure on a 45-year period, in line protection they afford us. We should that I convened last year, the Federal with Bureau of Economic Analysis esti- show our thanks in the best manner government—and taxpayers in all mates, and to amortize the intangible possible. states—now subsidizes these PPPs right to collect tolls on a schedule that I ask all my colleagues to support through exceedingly generous tax pro- is no shorter than the lease’s actual this legislation. visions. To take advantage of the Tax length. By making these changes to Code’s 15-year cost recovery period for the Tax Code, our bill eliminates the By Mr. BINGAMAN (for himself highway infrastructure, a private les- unjustifiable subsidy that the U.S. tax- and Mr. GRASSLEY): sor must obtain constructive owner- payer is now asked to provide directly S. 884. A bill to amend title 23, ship of the road. Constructive owner- to the private operators. United States Code, to remove ship is generally attained by entering a Our second bill, S. 885, the Transpor- privatized highway miles as a factor in lease that exceeds the 45-year period tation Equity for All Americans Act, apportioning highway funding; to the that the Bureau of Economic Affairs, deals with the highway funding that is Committee on Environment and Public BEA, says is a road’s ‘‘useful life.’’ provided for a privatized road. As I un- Works. Once they attain this constructive derstand it, when a road is privatized, Mr. BINGAMAN. Mr. President, when ownership, the private lessor can re- all responsibility for maintaining the our States and cities lease their tolled cover most of its costs over the first 15 road, collecting tolls, paying the inves- highways to private parties, American years of the lease—or one-third as long tors’ profit, and so forth are taken on taxpayers almost always experience as BEA says the highway infrastruc- by the private entity. It simply makes significant fee increases at the toll ture can be expected to last. The end no sense that the road should continue booth. But our taxpayers’ contribution result? Private operators demand ex- to qualify for highway funding if the does not end there. Under current tax ceptionally long lease lengths, to en- road is privately operated. Similarly, law, the Federal Treasury subsidizes sure they can take advantage of the it makes no sense that the formulae private lessors through exceedingly Tax Code’s subsidy. that distribute the Federal highway generous depreciation and amortiza- These Tax Code provisions are of in- funding should reflect any credit for tion deductions. Meanwhile, Federal terest not just because the Senate privatized roads—it would be like the funding continues to flow to the state must prudently shepherd our Nation’s users paying twice, once at the toll government—as though the highway tax revenues, but also because there booth and again in the taxes they al- had never been privatized. Today, I rise are considerable transportation policy ready pay to use the Nation’s high- to introduce two bills that would put dangers to these very long-term leases. ways. an end to this fleecing of the American Chicago signed a 99-year lease for the Under current law, all roads, includ- taxpayer. I am pleased that Senator Skyway, a road that, at the time of the ing interstate highways, national high- GRASSLEY, the Ranking Member of the lease, had only a 47 operating history. ways, and other major state and local Senate Finance Committee, is joining Indiana signed a 75-year lease for its roads in the federal-aid system are in- me in introducing both bills. Toll Road, a highway that, at the time cluded in the calculation of the federal I’d like to take a moment to set the of the lease, had only a 49 history. With highway funds. The lane-miles and ve- stage, by explaining where we find our- respect to a critical artery of transpor- hicle-miles-traveled on all these roads selves. There is no denying the serious- tation, how can a State or city possibly are used directly to apportion the fed- ness of our nation’s surface transpor- predict its future needs for a period eral highway funds for the Interstate tation funding challenges. Among the that is twice that artery’s operating Maintenance Program, the National solutions that have been offered are so- history? It is impossible to envision Highway Program, and the Surface called Public-Private Partnerships, or how transportation will change in the Transportation Program. The calcula- PPPs. Under one PPP model, a state or next hundred years. As a point of ref- tion currently includes roads that are

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10591 publicly or privately operated. Our sec- ture to be depreciated on a 15-year schedule, nating subparagraph (E) as subparagraph (F), ond bill is very simple; it subtracts on a 150% declining-balance basis. The intan- and by inserting after subparagraph (D) the from these calculations the lane-miles gible franchise right to collect tolls is cur- following new subparagraph: and vehicle-miles-traveled for any rently recovered over a 15-year period, re- ‘‘(E) any applicable leased highway prop- gardless of the lease length. The Act would erty,’’. privatized highway, thus eliminating amend Section 168(g)(2) of the Internal Rev- (2) RECOVERY PERIOD.—The table contained the double payments. The bill also cor- enue Code so that a taxpayer that leases an in subparagraph (C) of section 168(g)(2) of rects the Equity Bonus program to re- existing highway on a sufficiently longterm such Code is amended by redesignating flect properly the changes in the for- basis can depreciate the tangible infrastruc- clause (iv) as clause (v) and by inserting mula calculations. ture on a 45-year schedule, on a straight-line after clause (iii) the following new clause: basis. The Act would also amend Section This year Congress must reauthorize ‘‘(iv) Applicable leased highway 197(f) of the Internal Revenue Code so that the Federal surface transportation pro- property ...... 45 years.’’. grams. I look forward to working with the lessor of an existing highway can amor- tize the intangible franchise right to collect (3) APPLICABLE LEASED HIGHWAY PROPERTY Finance Chairman BAUCUS and Senator tolls over the greater of a 15-year period or DEFINED.— GRASSLEY and EPW Chairman BOXER the actual length of the lease. (A) IN GENERAL.—Section 168(g) of such and Senator INHOFE to complete a new Code is amended by redesignating paragraph transportation bill that meets the BILL SUMMARY—TRANSPORTATION EQUITY FOR (7) as paragraph (8) and by inserting after needs of my State and the Nation. ALL AMERICANS ACT paragraph (6) the following new paragraph: Mr. President, I ask unanimous con- The bill would amend sections 104(b) and ‘‘(7) APPLICABLE LEASED HIGHWAY PROP- sent that the text of the bill and a bill 105 of title 23, USC, pertaining to Federal-aid ERTY.—For purposes of paragraph (1)(E)— ‘‘(A) IN GENERAL.—The term ‘applicable summary be printed in the RECORD. highways apportionment factors and the eq- leased highway property’ means property to There being no objection, the mate- uity bonus program. Section 104(b) provides the manner in which the Secretary appor- which this section otherwise applies which— rial was ordered to be printed in the tions the sums authorized to be appropriated ‘‘(i) is subject to an applicable lease, and RECORD, as follows: for expenditure on the Interstate and Na- ‘‘(ii) is placed in service before the date of S. 884 tional Highway System program, the Con- such lease. Be it enacted by the Senate and House of Rep- gestion Mitigation and Air Quality Improve- ‘‘(B) APPLICABLE LEASE.—The term ‘appli- resentatives of the United States of America in ment program, the highway safety improve- cable lease’ means a lease or other arrange- Congress assembled, ment program, and the Surface Transpor- ment— ‘‘(i) which is between the taxpayer and a SECTION 1. SHORT TITLE. tation program for that fiscal year, among State or political subdivision thereof, or any This Act may be cited as the ‘‘Transpor- the several States. The amendment to sec- agency or instrumentality of either, and tation Equity for All Americans Act’’. tion 104(b) would remove lane miles and ve- hicle miles traveled on a ‘‘privatized high- ‘‘(ii) under which the taxpayer— SEC. 2. REMOVAL OF PRIVATIZED HIGHWAY way’’ from the formula factors for the Na- ‘‘(I) leases a highway and associated im- MILES. tional Highway System, the Surface Trans- provements, (a) IN GENERAL.—Section 104(b) of title 23, portation program, and the Interstate Main- ‘‘(II) receives a right-of-way on the public United States Code, is amended by adding at tenance component. lands underlying such highway and improve- the end the following: Section 105, the equity bonus program, pro- ments, and ‘‘(6) PRIVATIZED HIGHWAY MILES.— vides that the Secretary allocate among the ‘‘(III) receives a grant of a franchise or ‘‘(A) DEFINITION OF PRIVATIZED HIGHWAY.— States amounts sufficient to ensure that no other intangible right permitting the tax- In this paragraph, the term ‘privatized high- State receives a percentage of the total ap- payer to receive funds relating to the oper- way’ means a highway subject to an agree- portionments for the fiscal year for specific ation of such highway.’’. ment giving a private entity— programs that is less than the calculated (B) CONFORMING AMENDMENT.—Subpara- ‘‘(i) control over the operation of the high- State percentage. The amendment to section graph (F) of section 168(g)(1) (as redesignated way; and 105 would provide that, notwithstanding sec- by subsection (a)(1)) is amended by striking ‘‘(ii) ownership over the toll revenues col- tion 104(b)(6), lane miles and vehicle miles ‘‘paragraph (7)’’ and inserting ‘‘paragraph lected from the operation of the highway. traveled on a ‘‘privatized highway’’ are not (8)’’. ‘‘(B) EXCLUSION.—For the purposes of para- excluded from the calculations under this (b) AMORTIZATION OF INTANGIBLES.—Section graphs (1), (3), and (4), the lane miles and ve- section. 197(f) of the Internal Revenue Code of 1986 hicle miles traveled on a privatized highway (relating to special rules for amortization of that is otherwise an included highway shall By Mr. BINGAMAN (for himself intangibles) is amended by adding at the end be excluded from consideration as factors in and Mr. GRASSLEY): the following new paragraph: the formula for apportionment of funds ‘‘(11) INTANGIBLES RELATING TO APPLICABLE under this title.’’. S. 885. A bill to amend the Internal Revenue Code of 1986 to provide special LEASED HIGHWAY PROPERTY.—In the case of (b) EQUITY BONUS.—Section 105 of title 23, any section 197 intangible property which is United States Code, is amended by adding at depreciation and amortization rules for subject to an applicable lease (as defined in the end the following: highway and related property subject section 168(g)(8)(B)), the amortization period ‘‘(g) PRIVATIZED HIGHWAYS.—Calculations to long-term leases, and for other pur- under this section shall not be less than the under this section shall be made without poses; to the Committee of Finance. term of the applicable lease. For purposes of taking into account the exclusion under sec- Mr. BINGAMAN. Mr. President, I ask the preceding sentence, rules similar to the tion 104(b)(6) of certain lane miles and vehi- unanimous consent that the text of the rules of section 168(i)(3)(A) shall apply in de- cle miles traveled from consideration as fac- bill be printed in the RECORD termining the term of the applicable lease.’’. tors in the formula for apportionment of (c) NO PRIVATE ACTIVITY BOND FINANCING funds pursuant to this title.’’. There being no objection, the text of the bill was ordered to be placed in the OF APPLICABLE LEASES.—Section 147(e) of the Internal Revenue Code of 1986 is amended by BILL SUMMARY—TRANSPORTATION ACCESS FOR RECORD, as follows: inserting ‘‘, or to finance any applicable ALL AMERICANS ACT S. 885 lease (as defined in section 168(g)(8)(B))’’ The Internal Revenue Code generally char- Be it enacted by the Senate and House of Rep- after ‘‘premises’’. acterizes a lease of assets as an outright pur- resentatives of the United States of America in (d) EFFECTIVE DATE.—The amendments chase of those assets if the lessee has ac- Congress assembled, made by this section shall apply to leases en- quired all the benefits and burdens of owner- SECTION 1. SHORT TITLE. tered into after the date of the enactment of ship for a term that significantly exceeds This Act may be cited as the ‘‘Transpor- this Act. their expected remaining useful life (as gen- tation Access for All Americans Act’’. erally determined by the Bureau of Eco- SEC. 2. DEPRECIATION AND AMORTIZATION By Mr. DURBIN (for himself and nomic Analysis). The Bureau of Economic RULES FOR HIGHWAY AND RELATED Mr. GRASSLEY): Analysis estimates the service life of high- PROPERTY SUBJECT TO LONG-TERM S. 887. A bill to amend the Immigra- ways and streets to be 45 years. For Federal LEASES. tion and Nationality Act to reform and income tax purposes, a lessor with such con- (a) ACCELERATED COST RECOVERY.— reduce fraud and abuse in certain visa structive ownership is allowed to recover its (1) IN GENERAL.—Section 168(g)(1) of the In- costs through depreciation and amortization ternal Revenue Code of 1986 (relating to al- programs for aliens working tempo- deductions. Notwithstanding BEA’s 45-year ternative depreciation system for certain rarily in the United States and for estimate, the Tax Code currently permits property) is amended by striking ‘‘and’’ at other purposes; to the Committee on the value of the lease of tangible infrastruc- the end of subparagraph (D), by redesig- the Judiciary.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10592 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 Mr. DURBIN. Mr. President, I ask employment for each H–1B nonimmigrant, ‘‘(II) an individual who is or will be an H– unanimous consent that the text of the wages that are determined based on the best 1B nonimmigrant shall receive priority or a bill be printed in the RECORD. information available at the time the appli- preference in the hiring process for such po- There being no objection, the text of cation is filed and which are not less than sition. the highest of— ‘‘(ii) The employer has not solely recruited the bill was ordered to be printed in ‘‘(I) the locally determined prevailing wage individuals who are or who will be H–1B non- the RECORD, as follows: level for the occupational classification in immigrants to fill such position. S. 887 the area of employment; ‘‘(I) If the employer employs 50 or more Be it enacted by the Senate and House of Rep- ‘‘(II) the median average wage for all work- employees in the United States, the sum of resentatives of the United States of America in ers in the occupational classification in the the number of such employees who are H–1B Congress assembled, area of employment; and nonimmigrants plus the number of such em- SECTION 1. SHORT TITLE. ‘‘(III) the median wage for skill level 2 in ployees who are nonimmigrants described in section 101(a)(15)(L) may not exceed 50 per- (a) SHORT TITLE.—This Act may be cited as the occupational classification found in the the ‘‘H–1B and L–1 Visa Reform Act of 2009’’. most recent Occupational Employment Sta- cent of the total number of employees. ‘‘(J) If the employer, in such previous pe- (b) TABLE OF CONTENTS.—The table of con- tistics survey; and tents for this Act is as follows: ‘‘(ii) will provide working conditions for riod as the Secretary shall specify, employed 1 or more H–1B nonimmigrants, the em- Sec. 1. Short title. such H–1B nonimmigrant that will not ad- versely affect the working conditions of ployer shall submit to the Secretary the In- TITLE I—H–1B VISA FRAUD AND ABUSE other workers similarly employed.’’. ternal Revenue Service Form W-2 Wage and PROTECTIONS (b) INTERNET POSTING REQUIREMENT.—Sub- Tax Statement filed by the employer with Subtitle A—H–1B Employer Application paragraph (C) of such section 212(n)(1) is respect to the H–1B nonimmigrants for such Requirements amended— period.’’. Sec. 101. Modification of application require- (1) by redesignating clause (ii) as subclause SEC. 103. APPLICATION REVIEW REQUIREMENTS. ments. (II); (a) TECHNICAL AMENDMENT.—Section Sec. 102. New application requirements. (2) by striking ‘‘(i) has provided’’ and in- 212(n)(1) of the Immigration and Nationality Sec. 103. Application review requirements. serting the following: Act (8 U.S.C. 1182(n)(1)), as amended by sec- Subtitle B—Investigation and Disposition of ‘‘(ii)(I) has provided’’; and tion 102, is further amended in the undesig- Complaints Against H–1B Employers (3) by inserting before clause (ii), as redes- nated paragraph at the end, by striking ‘‘The employer’’ and inserting the following: Sec. 111. General modification of procedures ignated by paragraph (2) of this subsection, the following: ‘‘(K) The employer.’’. for investigation and disposi- (b) APPLICATION REVIEW REQUIREMENTS.— tion. ‘‘(i) has posted on the Internet website de- scribed in paragraph (3), for at least 30 cal- Subparagraph (K) of such section 212(n)(1), as Sec. 112. Investigation, working conditions, designated by subsection (a), is amended— endar days, a detailed description of each po- and penalties. (1) by inserting ‘‘and through the Depart- sition for which a nonimmigrant is sought Sec. 113. Waiver requirements. ment of Labor’s website, without charge.’’ that includes a description of— Sec. 114. Initiation of investigations. after ‘‘D.C.’’; ‘‘(I) the wages and other terms and condi- Sec. 115. Information sharing. (2) by striking ‘‘only for completeness’’ and tions of employment; Sec. 116. Conforming amendment. inserting ‘‘for completeness and clear indica- ‘‘(II) the minimum education, training, ex- Subtitle C—Other Protections tors of fraud or misrepresentation of mate- perience, and other requirements for the po- rial fact,’’; Sec. 121. Posting available positions through sition; and (3) by striking ‘‘or obviously inaccurate’’ the Department of Labor. ‘‘(III) the process for applying for the posi- Sec. 122. H–1B government authority and re- and inserting ‘‘, presents clear indicators of tion; and’’. quirements. fraud or misrepresentation of material fact, (c) WAGE DETERMINATION INFORMATION.— or is obviously inaccurate’’; Sec. 123. Requirements for information for Subparagraph (D) of such section 212(n)(1) is (4) by striking ‘‘within 7 days of’’ and in- H–1B and L–1 nonimmigrants. amended by inserting ‘‘the wage determina- Sec. 124. Additional Department of Labor serting ‘‘not later than 14 days after’’; and tion methodology used under subparagraph employees. (5) by adding at the end the following: ‘‘If (A)(i),’’ after ‘‘shall contain’’. Sec. 125. Technical correction. the Secretary’s review of an application (d) APPLICATION OF REQUIREMENTS TO ALL Sec. 126. Application. identifies clear indicators of fraud or mis- EMPLOYERS.— representation of material fact, the Sec- TITLE II—L–1 VISA FRAUD AND ABUSE (1) NONDISPLACEMENT.—Subparagraph (E) PROTECTIONS retary may conduct an investigation and of such section 212(n)(1) is amended— hearing in accordance with paragraph (2).’’. Sec. 201. Prohibition on outplacement of L–1 (A) in clause (i)— nonimmigrants. (i) by striking ‘‘90 days’’ both places it ap- Subtitle B—Investigation and Disposition of Sec. 202. L–1 employer petition require- pears and inserting ‘‘180 days’’; and Complaints Against H–1B Employers ments for employment at new (ii) by striking ‘‘(i) In the case of an appli- SEC. 111. GENERAL MODIFICATION OF PROCE- offices. cation described in clause (ii), the’’ and in- DURES FOR INVESTIGATION AND Sec. 203. Cooperation with Secretary of DISPOSITION. serting ‘‘The’’; and Subparagraph (A) of section 212(n)(2) of the State. (B) by striking clause (ii). Sec. 204. Investigation and disposition of Immigration and Nationality Act (8 U.S.C. (2) RECRUITMENT.—Subparagraph (G)(i) of 1182(n)(2)) is amended— complaints against L–1 employ- such section 212(n)(1) is amended by striking ers. (1) by striking ‘‘(A) Subject’’ and inserting ‘‘In the case of an application described in ‘‘(A)(i) Subject’’; Sec. 205. Wage rate and working conditions subparagraph (E)(ii), subject’’ and inserting for L–1 nonimmigrant. (2) by striking ‘‘12 months’’ and inserting ‘‘Subject’’. ‘‘24 months’’; Sec. 206. Penalties. (e) REQUIREMENT FOR WAIVER.—Subpara- Sec. 207. Prohibition on retaliation against (3) by striking the last sentence; and graph (F) of such section 212(n)(1) is amended (4) by adding at the end the following: L–1 nonimmigrants. to read as follows: Sec. 208. Reports on L–1 nonimmigrants. ‘‘(ii)(I) Upon the receipt of such a com- ‘‘(F) The employer shall not place, plaint, the Secretary may initiate an inves- Sec. 209. Technical amendments. outsource, lease, or otherwise contract for Sec. 210. Application. tigation to determine if such a failure or the services or placement of H–1B non- misrepresentation has occurred. Sec. 211. Report on L–1 blanket petition immigrants with another employer unless process. ‘‘(II) The Secretary may conduct surveys the employer of the alien has been granted a of the degree to which employers comply TITLE I—H–1B VISA FRAUD AND ABUSE waiver under paragraph (2)(E).’’. with the requirements of this subsection and PROTECTIONS SEC. 102. NEW APPLICATION REQUIREMENTS. may conduct annual compliance audits of Subtitle A—H–1B Employer Application Section 212(n)(1) of the Immigration and employers that employ H–1B nonimmigrants. Requirements Nationality Act (8 U.S.C. 1182(n)(1)) is ‘‘(III) The Secretary shall— SEC. 101. MODIFICATION OF APPLICATION RE- amended by inserting after clause (ii) of sub- ‘‘(aa) conduct annual compliance audits of QUIREMENTS. paragraph (G) the following: not less than 1 percent of the employers that (a) GENERAL APPLICATION REQUIREMENTS.— ‘‘(H)(i) The employer has not advertised employ H–1B nonimmigrants during the ap- Subparagraph (A) of section 212(n)(1) of the any available position specified in the appli- plicable calendar year; Immigration and Nationality Act (8 U.S.C. cation in an advertisement that states or in- ‘‘(bb) conduct annual compliance audits of 1182(n)(1)) is amended to read as follows: dicates that— each employer with more than 100 employees ‘‘(A) The employer— ‘‘(I) such position is only available to an who work in the United States if more than ‘‘(i) is offering and will offer to H–1B non- individual who is or will be an H–1B non- 15 percent of such employees are H–1B non- immigrants, during the period of authorized immigrant; or immigrants; and

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10593 ‘‘(cc) make available to the public an exec- ‘‘(bb) to fail to offer to an H–1B non- months’’ and inserting ‘‘comply with the re- utive summary or report describing the gen- immigrant, during the nonimmigrant’s pe- quirements under this subsection, unless the eral findings of the audits carried out pursu- riod of authorized employment, on the same Secretary of Labor receives the information ant to this subclause.’’. basis, and in accordance with the same cri- not later than 24 months’’; SEC. 112. INVESTIGATION, WORKING CONDI- teria, as the employer offers to United (7) by amending clause (v), as so redesig- TIONS, AND PENALTIES. States workers, benefits and eligibility for nated, to read as follows: Subparagraph (C) of section 212(n)(2) of the benefits, including— ‘‘(v) The Secretary of Labor shall provide Immigration and Nationality Act (8 U.S.C. ‘‘(AA) the opportunity to participate in notice to an employer of the intent to con- 1182(n)(2)) is amended— health, life, disability, and other insurance duct an investigation. The notice shall be (1) in clause (i)— plans; provided in such a manner, and shall contain (A) in the matter preceding subclause (I)— ‘‘(BB) the opportunity to participate in re- sufficient detail, to permit the employer to (i) by striking ‘‘a condition of paragraph tirement and savings plans; and respond to the allegations before an inves- (1)(B), (1)(E), or (1)(F)’’ and inserting ‘‘a con- ‘‘(CC) cash bonuses and noncash compensa- tigation is commenced. The Secretary is not dition under subparagraph (A), (B), (C)(i), tion, such as stock options (whether or not required to comply with this clause if the (E), (F), (G)(i)(I), (H), (I), or (J) of paragraph based on performance).’’; and Secretary determines that such compliance (1)’’; and (B) in subclause (III), by striking ‘‘$1,000’’ would interfere with an effort by the Sec- (ii) by striking ‘‘(1)(C)’’ and inserting and inserting ‘‘$2,000’’. retary to investigate or secure compliance ‘‘(1)(C)(ii)’’; and SEC. 113. WAIVER REQUIREMENTS. by the employer with the requirements of (B) in subclause (I)— (a) IN GENERAL.—Subparagraph (E) of sec- this subsection. A determination by the Sec- (i) by striking ‘‘$1,000’’ and inserting tion 212(n)(2) of the Immigration and Nation- retary under this clause shall not be subject ‘‘$2,000’’; and ality Act (8 U.S.C. 1182(n)(2)) is amended to to judicial review.’’; (ii) by striking ‘‘and’’ at the end; read as follows: (8) in clause (vi), as so redesignated, by (C) in subclause (II), by striking the period ‘‘(E)(i) The Secretary of Labor may waive striking ‘‘An investigation’’ and all that fol- at the end and inserting a semicolon and the prohibition in paragraph (1)(F) if the lows through ‘‘the determination.’’ and in- ‘‘and’’; Secretary determines that the employer serting ‘‘If the Secretary of Labor, after an (D) by adding at the end the following: seeking the waiver has established that— investigation under clause (i) or (ii), deter- ‘‘(III) an employer that violates such sub- ‘‘(I) the employer with whom the H–1B mines that a reasonable basis exists to make paragraph (A) shall be liable to the employ- nonimmigrant would be placed has not dis- a finding that the employer has failed to ees harmed by such violations for lost wages placed, and does not intend to displace, a comply with the requirements under this and benefits.’’; and United States worker employed by the em- subsection, the Secretary shall provide inter- (2) in clause (ii) ployer within the period beginning 180 days ested parties with notice of such determina- (A) in subclause (I)— before and ending 180 days after the date of tion and an opportunity for a hearing in ac- (i) by striking ‘‘may’’ and inserting the placement of the nonimmigrant with the cordance with section 556 of title 5, United ‘‘shall’’; and employer; States Code, not later than 120 days after the (ii) by striking ‘‘$5,000’’ and inserting ‘‘(II) the H–1B nonimmigrant will not be date of such determination.’’; and ‘‘$10,000’’; and controlled and supervised principally by the (9) by adding at the end the following: (B) in subclause (II), by striking the period employer with whom the H–1B non- ‘‘(vii) If the Secretary of Labor, after a at the end and inserting a semicolon and immigrant would be placed; and hearing, finds a reasonable basis to believe ‘‘and’’; ‘‘(III) the placement of the H–1B non- that the employer has violated the require- (C) by adding at the end the following: immigrant is not essentially an arrangement ments under this subsection, the Secretary ‘‘(III) an employer that violates such sub- to provide labor for hire for the employer shall impose a penalty under subparagraph paragraph (A) shall be liable to the employ- with whom the H–1B nonimmigrant will be (C).’’. ees harmed by such violations for lost wages placed. SEC. 115. INFORMATION SHARING. and benefits.’’; and ‘‘(ii) The Secretary shall grant or deny a Subparagraph (H) of section 212(n)(2) of the (3) in clause (iii)— waiver under this subparagraph not later Immigration and Nationality Act (8 U.S.C. (A) in the matter preceding subclause (I), than 7 days after the Secretary receives the 1182(n)(2)) is amended to read as follows: by striking ‘‘90 days’’ both places it appears application for such waiver.’’. ‘‘(H) The Director of United States Citizen- and inserting ‘‘180 days’’; (b) REQUIREMENT FOR RULES.— ship and Immigration Services shall provide (B) in subclause (I)— (1) RULES FOR WAIVERS.—The Secretary of the Secretary of Labor with any information (i) by striking ‘‘may’’ and inserting Labor shall promulgate rules, after notice contained in the materials submitted by em- ‘‘shall’’; and and a period for comment, for an employer ployers of H–1B nonimmigrants as part of (ii) by striking ‘‘and’’ at the end; to apply for a waiver under subparagraph (E) the adjudication process that indicates that (C) in subclause (II), by striking the period of section 212(n)(2) of such Act, as amended the employer is not complying with visa pro- at the end and inserting a semicolon and by subsection (a). gram requirements for H–1B nonimmigrants. ‘‘and’’; and (2) REQUIREMENT FOR PUBLICATION.—The The Secretary may initiate and conduct an (D) by adding at the end the following: Secretary of Labor shall submit to Congress investigation and hearing under this para- ‘‘(III) an employer that violates subpara- and publish in the Federal Register and graph after receiving information of non- graph (A) of such paragraph shall be liable to other appropriate media a notice of the date compliance under this subparagraph.’’. the employees harmed by such violations for that rules required by paragraph (1) are pub- SEC. 116. CONFORMING AMENDMENT. lost wages and benefits.’’; lished. Subparagraph (F) of section 212(n)(2) of the (4) in clause (iv)— SEC. 114. INITIATION OF INVESTIGATIONS. Immigration and Nationality Act (8 U.S.C. (A) by inserting ‘‘to take, fail to take, or Subparagraph (G) of section 212(n)(2) of the 1182) is amended by striking ‘‘The preceding threaten to take or fail to take, a personnel Immigration and Nationality Act (8 U.S.C. sentence shall apply to an employer regard- action, or’’ before ‘‘to intimidate’’; 1182(n)(2)) is amended— less of whether or not the employer is an H– (B) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and (1) in clause (i), by striking ‘‘if the Sec- 1B-dependent employer.’’. (C) by adding at the end the following: retary’’ and all that follows and inserting Subtitle C—Other Protections ‘‘(II) An employer that violates this clause ‘‘with regard to the employer’s compliance SEC. 121. POSTING AVAILABLE POSITIONS shall be liable to the employees harmed by with the requirements of this subsection.’’; THROUGH THE DEPARTMENT OF such violation for lost wages and benefits.’’; (2) in clause (ii), by striking ‘‘and whose LABOR. and identity’’ and all that follows through ‘‘fail- (a) DEPARTMENT OF LABOR WEBSITE.—Para- (5) in clause (vi)— ure or failures.’’ and inserting ‘‘the Sec- graph (3) of section 212(n) of the Immigration (A) by amending subclause (I) to read as retary of Labor may conduct an investiga- and Nationality Act (8 U.S.C. 1182(n)) is follows: tion into the employer’s compliance with the amended to read as follows: ‘‘(I) It is a violation of this clause for an requirements of this subsection.’’; ‘‘(3)(A) Not later than 90 days after the employer who has filed an application under (3) in clause (iii), by striking the last sen- date of the enactment of the H–1B and L–1 this subsection— tence; Visa Reform Act of 2009, the Secretary of ‘‘(aa) to require an H–1B nonimmigrant to (4) by striking clauses (iv) and (v); Labor shall establish a searchable Internet pay a penalty for ceasing employment with (5) by redesignating clauses (vi), (vii), and website for posting positions as required by the employer prior to a date agreed to by the (viii) as clauses (iv), (v), and (vi), respec- paragraph (1)(C). Such website shall be avail- nonimmigrant and the employer (the Sec- tively; able to the public without charge. retary shall determine whether a required (6) in clause (iv), as so redesignated, by ‘‘(B) The Secretary may work with private payment is a penalty, and not liquidated striking ‘‘meet a condition described in companies or nonprofit organizations to de- damages, pursuant to relevant State law); clause (ii), unless the Secretary of Labor re- velop and operate the Internet website de- and ceives the information not later than 12 scribed in subparagraph (A).

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10594 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 ‘‘(C) The Secretary may promulgate rules, SEC. 124. ADDITIONAL DEPARTMENT OF LABOR SEC. 202. L–1 EMPLOYER PETITION REQUIRE- after notice and a period for comment, to EMPLOYEES. MENTS FOR EMPLOYMENT AT NEW carry out the requirements of this para- (a) IN GENERAL.—The Secretary of Labor is OFFICES. graph.’’. authorized to hire 200 additional employees Section 214(c)(2) of the Immigration and (b) REQUIREMENT FOR PUBLICATION.—The to administer, oversee, investigate, and en- Nationality Act (8 U.S.C. 1184(c)(2)) is Secretary of Labor shall submit to Congress force programs involving nonimmigrant em- amended by adding at the end the following: ‘‘(G)(i) If the beneficiary of a petition and publish in the Federal Register and ployees described in section under this paragraph is coming to the United other appropriate media a notice of the date 101(a)(15)(H)(i)(B). States to open, or be employed in, a new of- that the Internet website required by para- UTHORIZATION OF APPROPRIATIONS.— (b) A fice, the petition may be approved for up to graph (3) of section 212(n) of such Act, as There are authorized to be appropriated such amended by subsection (a), will be oper- 12 months only if— sums as may be necessary to carry out this ‘‘(I) the alien has not been the beneficiary ational. section. (c) APPLICATION.—The amendments made of 2 or more petitions under this subpara- by subsection (a) shall apply to an applica- SEC. 125. TECHNICAL CORRECTION. graph during the immediately preceding 2 tion filed on or after the date that is 30 days Section 212 of the Immigration and Nation- years; and after the date described in subsection (b). ality Act is amended by redesignating the ‘‘(II) the employer operating the new office SEC. 122. H–1B GOVERNMENT AUTHORITY AND second subsection (t), as added by section has— REQUIREMENTS. 1(b)(2)(B) of the Act entitled ‘‘An Act to ‘‘(aa) an adequate business plan; (a) IMMIGRATION DOCUMENTS.—Section 204 amend and extend the Irish Peace Process ‘‘(bb) sufficient physical premises to carry of the Immigration and Nationality Act (8 Cultural and Training Program Act of 1998’’ out the proposed business activities; and U.S.C. 1154) is amended by adding at the end (Public Law 108–449 (118 Stat. 3470)), as sub- ‘‘(cc) the financial ability to commence the following: section (u). doing business immediately upon the ap- ‘‘(l) EMPLOYER TO PROVIDE IMMIGRATION SEC. 126. APPLICATION. proval of the petition. PAPERWORK EXCHANGED WITH FEDERAL AGEN- ‘‘(ii) An extension of the approval period Except as specifically otherwise provided, CIES.—Not later than 21 business days after under clause (i) may not be granted until the the amendments made by this title shall receiving a written request from a former, importing employer submits an application apply to applications filed on or after the current, or future employee or beneficiary, to the Secretary of Homeland Security that date of the enactment of this Act. an employer shall provide such employee or contains— beneficiary with the original (or a certified TITLE II—L–1 VISA FRAUD AND ABUSE ‘‘(I) evidence that the importing employer copy of the original) of all petitions, notices, PROTECTIONS meets the requirements of this subsection; and other written communication exchanged SEC. 201. PROHIBITION ON OUTPLACEMENT OF ‘‘(II) evidence that the beneficiary of the between the employer and the Department of L–1 NONIMMIGRANTS. petition is eligible for nonimmigrant status Labor, the Department of Homeland Secu- (a) IN GENERAL.—Subparagraph (F) of sec- under section 101(a)(15)(L); rity, or any other Federal agency or depart- tion 214(c)(2) of the Immigration and Nation- ‘‘(III) a statement summarizing the origi- ment that is related to an immigrant or non- ality Act (8 U.S.C. 1184(c)(2)) is amended to nal petition; immigrant petition filed by the employer for read as follows: ‘‘(IV) evidence that the importing em- such employee or beneficiary.’’. ‘‘(F)(i) Unless an employer receives a waiv- ployer has fully complied with the business (b) REPORT ON JOB CLASSIFICATION AND er under clause (ii), an employer may not plan submitted under clause (i)(I); WAGE DETERMINATIONS.—Not later than 1 employ an alien, for a cumulative period of ‘‘(V) evidence of the truthfulness of any year after the date of the enactment of this more than 1 year, who— representations made in connection with the Act, the Comptroller General of the United ‘‘(I) will serve in a capacity involving spe- filing of the original petition; States shall prepare a report analyzing the cialized knowledge with respect to an em- ‘‘(VI) evidence that the importing em- accuracy and effectiveness of the Secretary ployer for purposes of section 101(a)(15)(L); ployer, for the entire period beginning on the of Labor’s current job classification and and date on which the petition was approved wage determination system. The report ‘‘(II) will be stationed primarily at the under clause (i), has been doing business at shall— worksite of an employer other than the peti- the new office through regular, systematic, (1) specifically address whether the sys- tioning employer or its affiliate, subsidiary, and continuous provision of goods and serv- tems in place accurately reflect the com- or parent, including pursuant to an out- ices; plexity of current job types as well as geo- sourcing, leasing, or other contracting agree- ‘‘(VII) a statement of the duties the bene- graphic wage differences; and ment.’’ ficiary has performed at the new office dur- (2) make recommendations concerning nec- ing the approval period under clause (i) and ‘‘(ii) The Secretary of Homeland Security essary updates and modifications. the duties the beneficiary will perform at the may grant a waiver of the requirements of SEC. 123. REQUIREMENTS FOR INFORMATION new office during the extension period grant- clause (i) for an employer if the Secretary FOR H–1B AND L–1 NONIMMIGRANTS. ed under this clause; determines that the employer has estab- Section 214 of the Immigration and Nation- ‘‘(VIII) a statement describing the staffing lished that— ality Act (8 U.S.C. 1184) is amended by add- at the new office, including the number of ‘‘(I) the employer with whom the alien re- ing at the end the following: employees and the types of positions held by ferred to in clause (i) would be placed has not ‘‘(s) REQUIREMENTS FOR INFORMATION FOR such employees; displaced and does not intend to displace a H–1B AND L–1 NONIMMIGRANTS.— ‘‘(IX) evidence of wages paid to employees; United States worker employed by the em- ‘‘(1) IN GENERAL.—Upon issuing a visa to ‘‘(X) evidence of the financial status of the ployer within the period beginning 180 days an applicant for nonimmigrant status pursu- new office; and after the date of the placement of such alien ant to subparagraph (H)(i)(b) or (L) of sec- ‘‘(XI) any other evidence or data prescribed with the employer; tion 101(a)(15) who is outside the United by the Secretary. States, the issuing office shall provide the ‘‘(II) such alien will not be controlled and ‘‘(iii) A new office employing the bene- applicant with— supervised principally by the employer with ficiary of an L–1 petition approved under this ‘‘(A) a brochure outlining the obligations whom the nonimmigrant would be placed; paragraph shall do business only through of the applicant’s employer and the rights of and regular, systematic, and continuous provi- the applicant with regard to employment ‘‘(III) the placement of the nonimmigrant sion of goods and services for the entire pe- under Federal law, including labor and wage is not essentially an arrangement to provide riod for which the petition is sought. protections; labor for hire for an unaffiliated employer ‘‘(iv) Notwithstanding clause (ii), and sub- ‘‘(B) the contact information for appro- with whom the nonimmigrant will be placed, ject to the maximum period of authorized priate Federal agencies or departments that rather than a placement in connection with admission set forth in subparagraph (D), the offer additional information or assistance in the provision or a product or service for Secretary of Homeland Security, in the Sec- clarifying such obligations and rights; and which specialized knowledge specific to the retary’s discretion, may approve a subse- ‘‘(C) a copy of the application submitted petitioning employer is necessary. quently filed petition on behalf of the bene- for the nonimmigrant under section 212(n) or ‘‘(iii) The Secretary shall grant or deny a ficiary to continue employment at the office the petition submitted for the nonimmigrant waiver under clause (ii) not later than 7 days described in this subparagraph for a period under subsection (c)(2)(A), as appropriate. after the date that the Secretary receives beyond the initially granted 12-month period ‘‘(2) Upon the issuance of a visa to an ap- the application for the waiver.’’. if the importing employer has been doing plicant referred to in paragraph (1) who is in- (b) REGULATIONS.—The Secretary of Home- business at the new office through regular, side the United States, the issuing officer of land Security shall promulgate rules, after systematic, and continuous provision of the Department of Homeland Security shall notice and a period for comment, for an em- goods and services for the 6 months imme- provide the applicant with the material de- ployer to apply for a waiver under subpara- diately preceding the date of extension peti- scribed in clauses (i), (ii), and (iii) of sub- graph (F)(ii) of section 214(c)(2), as added by tion filing and demonstrates that the failure paragraph (A).’’. subsection (a). to satisfy any of the requirements described

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10595 in those subclauses was directly caused by Code, not later than 120 days after the date ‘‘(aa) the opportunity to participate in extraordinary circumstances, as determined of such determination. If such a hearing is health, life, disability, and other insurance by the Secretary in the Secretary’s discre- requested, the Secretary shall make a find- plans; tion.’’. ing concerning the matter by not later than ‘‘(bb) the opportunity to participate in re- SEC. 203. COOPERATION WITH SECRETARY OF 120 days after the date of the hearing. tirement and savings plans; and STATE. ‘‘(vii) If the Secretary, after a hearing, ‘‘(cc) cash bonuses and noncash compensa- Section 214(c)(2) of the Immigration and finds a reasonable basis to believe that the tion, such as stock options (whether or not Nationality Act (8 U.S.C. 1184(c)(2)), as employer has violated the requirements based on performance). amended by section 202, is further amended under this subsection, the Secretary shall ‘‘(iv) The Secretary of Homeland Security by adding at the end the following: impose a penalty under subparagraph (L). shall determine whether a required payment ‘‘(H) For purposes of approving petitions ‘‘(viii)(I) The Secretary may conduct sur- under clause (iii)(I) is a penalty (and not liq- under this paragraph, the Secretary of veys of the degree to which employers com- uidated damages) pursuant to relevant State Homeland Security shall work cooperatively ply with the requirements under this sec- law.’’. with the Secretary of State to verify the ex- tion. (b) REGULATIONS.—The Secretary of Home- istence or continued existence of a company ‘‘(II) The Secretary shall— land Security shall promulgate rules, after or office in the United States or in a foreign ‘‘(aa) conduct annual compliance audits of notice and a period of comment, to imple- country.’’. not less than 1 percent of the employers that ment the requirements of subparagraph (J) employ nonimmigrants described in section of section 214(c)(2) of the Immigration and SEC. 204. INVESTIGATION AND DISPOSITION OF Nationality Act (8 U.S.C. 1184(c)(2)), as added COMPLAINTS AGAINST L–1 EMPLOY- 101(a)(15)(L) during the applicable fiscal ERS. year; by subsection (a). In promulgating these Section 214(c)(2) of the Immigration and ‘‘(bb) conduct annual compliance audits of rules, the Secretary shall take into consider- Nationality Act (8 U.S.C. 1184(c)(2)), as each employer with more than 100 employees ation any special circumstances relating to amended by sections 202 and 203, is further who work in the United States if more than intracompany transfers. amended by adding at the end the following: 15 percent of such employees are non- SEC. 206. PENALTIES. ‘‘(I)(i) The Secretary of Homeland Security immigrants described in 101(a)(15)(L); and Section 214(c)(2) of the Immigration and may initiate an investigation of any em- ‘‘(cc) make available to the public an exec- Nationality Act (8 U.S.C. 1184(c)(2)), as ployer that employs nonimmigrants de- utive summary or report describing the gen- amended by sections 202, 203, 204, and 205, is scribed in section 101(a)(15)(L) with regard to eral findings of the audits carried out pursu- further amended by adding at the end the the employer’s compliance with the require- ant to this subclause.’’. following: ‘‘(K)(i) If the Secretary of Homeland Secu- ments of this subsection. SEC. 205. WAGE RATE AND WORKING CONDI- rity finds, after notice and an opportunity ‘‘(ii) If the Secretary receives specific cred- TIONS FOR L–1 NONIMMIGRANT. for a hearing, a failure by an employer to ible information from a source who is likely (a) IN GENERAL.—Section 214(c)(2) of the meet a condition under subparagraph (F), to have knowledge of an employer’s prac- Immigration and Nationality Act (8 U.S.C. (G), (J), or (L) or a misrepresentation of ma- tices, employment conditions, or compliance 1184(c)(2)), as amended by section 202, 203, terial fact in a petition to employ 1 or more with the requirements under this subsection, and 204, is further amended by adding at the aliens as nonimmigrants described in section the Secretary may conduct an investigation end the following: 101(a)(15)(L)— ‘‘(J)(i) An employer that employs a non- into the employer’s compliance with the re- ‘‘(I) the Secretary shall impose such ad- immigrant described in section 101(a)(15)(L) quirements of this subsection. The Secretary ministrative remedies (including civil mone- for a cumulative period of time in excess of may withhold the identity of the source from tary penalties in an amount not to exceed 1 year shall— the employer, and the source’s identity shall $2,000 per violation) as the Secretary deter- ‘‘(I) offer such nonimmigrant, during the not be subject to disclosure under section 552 mines to be appropriate; of title 5, United States Code. period of authorized employment, wages, ‘‘(II) the Secretary may not, during a pe- ‘‘(iii) The Secretary shall establish a pro- based on the best information available at riod of at least 1 year, approve a petition for cedure for any person desiring to provide to the time the application is filed, which are that employer to employ 1 or more aliens as the Secretary information described in not less than the highest of— such nonimmigrants; and clause (ii) that may be used, in whole or in ‘‘(aa) the locally determined prevailing ‘‘(III) in the case of a violation of subpara- part, as the basis for the commencement of wage level for the occupational classification graph (J) or (L), the employer shall be liable an investigation described in such clause, to in the area of employment; to the employees harmed by such violation provide the information in writing on a form ‘‘(bb) the median average wage for all for lost wages and benefits. developed and provided by the Secretary and workers in the occupational classification in ‘‘(ii) If the Secretary finds, after notice and completed by or on behalf of the person. the area of employment; and an opportunity for a hearing, a willful fail- ‘‘(iv) No investigation described in clause ‘‘(cc) the median wage for skill level 2 in ure by an employer to meet a condition (ii) (or hearing described in clause (vi) based the occupational classification found in the under subparagraph (F), (G), (J). or (L) or a on such investigation) may be conducted most recent Occupational Employment Sta- willful misrepresentation of material fact in with respect to information about a failure tistics survey; and a petition to employ 1 or more aliens as non- to comply with the requirements under this ‘‘(II) provide working conditions for such immigrants described in section subsection, unless the Secretary receives the nonimmigrant that will not adversely affect 101(a)(15)(L)— information not later than 24 months after the working conditions of workers similarly ‘‘(I) the Secretary shall impose such ad- the date of the alleged failure. employed. ministrative remedies (including civil mone- ‘‘(v) Before commencing an investigation ‘‘(ii) If an employer, in such previous pe- tary penalties in an amount not to exceed of an employer under clause (i) or (ii), the riod specified by the Secretary of Homeland $10,000 per violation) as the Secretary deter- Secretary shall provide notice to the em- Security, employed 1 or more such non- mines to be appropriate; ployer of the intent to conduct such inves- immigrants, the employer shall provide to ‘‘(II) the Secretary may not, during a pe- tigation. The notice shall be provided in such the Secretary of Homeland Security the In- riod of at least 2 years, approve a petition a manner, and shall contain sufficient detail, ternal Revenue Service Form W–2 Wage and filed for that employer to employ 1 or more to permit the employer to respond to the al- Tax Statement filed by the employer with aliens as such nonimmigrants; and legations before an investigation is com- respect to such nonimmigrants for such pe- ‘‘(III) in the case of a violation of subpara- menced. The Secretary is not required to riod. graph (J) or (L), the employer shall be liable comply with this clause if the Secretary de- ‘‘(iii) It is a failure to meet a condition to the employees harmed by such violation termines that to do so would interfere with under this subparagraph for an employer for lost wages and benefits.’’. an effort by the Secretary to investigate or who has filed a petition to import 1 or more SEC. 207. PROHIBITION ON RETALIATION secure compliance by the employer with the aliens as nonimmigrants described in section AGAINST L–1 NONIMMIGRANTS. requirements of this subsection. There shall 101(a)(15)(L)— Section 214(c)(2) of the Immigration and be no judicial review of a determination by ‘‘(I) to require such a nonimmigrant to pay Nationality Act (8 U.S.C. 1184(c)(2)), as the Secretary under this clause. a penalty for ceasing employment with the amended by section 202, 203, 204, 205, and 206, ‘‘(vi) If the Secretary, after an investiga- employer before a date mutually agreed to is further amended by adding at the end the tion under clause (i) or (ii), determines that by the nonimmigrant and the employer; or following: a reasonable basis exists to make a finding ‘‘(II) to fail to offer to such a non- ‘‘(L)(i) It is a violation of this subpara- that the employer has failed to comply with immigrant, during the nonimmigrant’s pe- graph for an employer who has filed a peti- the requirements under this subsection, the riod of authorized employment, on the same tion to import 1 or more aliens as non- Secretary shall provide the interested par- basis, and in accordance with the same cri- immigrants described in section 101(a)(15)(L) ties with notice of such determination and teria, as the employer offers to United to take, fail to take, or threaten to take or an opportunity for a hearing in accordance States workers, benefits and eligibility for fail to take, a personnel action, or to intimi- with section 556 of title 5, United States benefits, including— date, threaten, restrain, coerce, blacklist,

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10596 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 discharge, or discriminate in any other man- tion is necessary to bring the price of tural community, and they deserve our ner against an employee because the em- milk back to a level where farmers can support. ployee— earn a living and provide for their fam- ‘‘(I) has disclosed information that the em- ilies. By Mr. REID (for Mr. ROCKE- ployee reasonably believes evidences a viola- Over the past year, farmers in my FELLER): tion of this subsection, or any rule or regula- S. 890. A bill to provide for the use of tion pertaining to this subsection; or state have seen the average price for a ‘‘(II) cooperates or seeks to cooperate with hundredweight, cwt, of milk drop from improved health information tech- the requirements of this subsection, or any around $24 in July 2008, to hovering nology with respect to certain safety rule or regulation pertaining to this sub- around $10 this February. This dra- net health care providers; to the Com- section. matic price decrease has been the re- mittee on Health, Education, Labor, ‘‘(ii) In this subparagraph, the term ‘em- sult of a perfect storm of factors, in- and Pensions. ployee’ includes— cluding record high fuel prices last Mr. ROCKEFELLER. Mr. President, I ‘‘(I) a current employee; summer, which increased the cost of rise today to introduce the Health In- ‘‘(II) a former employee; and formation Technology Public Utility ‘‘(III) an applicant for employment.’’. feed and other supplies, and a decrease Act, legislation I have recently intro- SEC. 208. REPORTS ON L–1 NONIMMIGRANTS. in demand for dairy products abroad, Section 214(c)(8) of the Immigration and where cases of melamine in milk have duced to facilitate nationwide adoption Nationality Act (8 U.S.C. 1184(c)(8)) is caused a severe drop in demand. of electronic health records, EHRs, par- amended by inserting ‘‘(L),’’ after ‘‘(H),’’. Last year, Sen. CASEY and I worked ticularly among small, rural providers. SEC. 209. TECHNICAL AMENDMENTS. diligently to increase the Milk Income This legislation will build on the suc- Section 214(c)(2) of the Immigration and Loss Contract, MILC, Program in the cessful open source models for EHRs Nationality Act (8 U.S.C. 1184(c)(2)) is 2008 Farm Bill. We were successful in developed by the Department of Vet- amended by striking ‘‘Attorney General’’ including a cost of production increase erans Affairs and the Indian Health each place it appears and inserting ‘‘Sec- to all MILC payments. These direct Service—as well as the open source ex- retary of Homeland Security’’. payments from the federal government change model recently expanded SEC. 210. APPLICATION. among federal agencies through the The amendments made by sections 201 are triggered when the price of milk through 207 shall apply to applications filed per cwt falls below $16.94. When the av- Nationwide Health Information Net- on or after the date of the enactment of this erage price of milk for a given month work-Connect initiative. Act. falls below this trigger, farmers are Health information technology, IT, SEC. 211. REPORT ON L–1 BLANKET PETITION paid 45 percent of the difference be- that is interoperable and meaningful is PROCESS. tween the actual price of milk and the a necessary tool to improve the quality (a) REQUIREMENT FOR REPORT.—Not later trigger price. With the 2008 Farm bill’s of health care Americans receive and than 6 months after the date of the enact- inclusion of the cost of production to make our health care system more effi- ment of this Act, the Inspector General of these payments, farmers are seeing cient. It is the cornerstone of health the Department of Homeland Security shall care communication and coordination submit to the appropriate committees of higher MILC payments than they oth- Congress a report regarding the use of blan- erwise would. between patients and providers and ket petitions under section 214(c)(2)(A) of the However, this is not enough. I have among providers in order delivery high- Immigration and Nationality Act (8 U.S.C. heard numerous reports from my con- quality medical care. Several of the 1184(c)(2)(A)). Such report shall assess the ef- stituents that the price of milk has mechanisms embedded in this tech- ficiency and reliability of the process for re- fallen so low that they are fearful of nology—clinical decisions support, viewing such blanket petitions, including having to sell their farms in order to interoperability—achieve the long- whether the process includes adequate safe- provide for their families. Many of the term policy goals we are considering as guards against fraud and abuse. part of our broader health reform dis- (b) APPROPRIATE COMMITTEES OF CON- dairy farms in Pennsylvania are small, GRESS.—In this section the term ‘‘appro- family-owned farms, which, once sold, cussions. It is clear that coordination priate committees of Congress’’ means— will be lost forever. We cannot let this and communication among providers, (1) the Committee on Homeland Security happen. The dairy industry is critical improved efficiencies in resource use, and Governmental Affairs of the Senate; not only to Pennsylvania’s economy, streamlined administration and bill- (2) the Committee on the Judiciary of the but to the economy of the U.S. and to ing, and increased access to meaningful Senate; the security of our nation. data about quality improvement and (3) the Committee on Homeland Security The Federal Milk Marketing Im- improved health outcomes will not be of the House of Representatives; and (4) the Committee on the Judiciary of the provement Act will not only use a na- possible without meaningful use of this House of Representatives. tional average cost of production to de- technology among all providers. termine Class II milk, but will also However, access to affordable tech- By Mr. SPECTER (for himself keep the Secretary of Agriculture en- nology is the primary reason why pro- and Mr. CASEY): gaged in protecting farmers from fall- viders across the nation do not invest S. 889. A bill to amend the Agricul- ing milk prices. This legislation would in this valuable tool. The licensing fees tural Adjustment Act to require the require the Secretary to adjust the of proprietary software are expensive Secretary of Agriculture to determine value of milk four times a year, ensur- and beyond the reach of many of health the price of all milk used for manufac- ing that price volatilities in the fuel care providers—particularly small, tured purposes, which shall be classi- sector will not unfairly hurt this indus- rural providers. Moreover, the federal fied as Class II milk, by using the na- try, as we have seen it do in the past government has spent substantial tax- tional average cost of production, and year. payer dollars in the development of for other purposes; to the Committee Finally, this legislation provides an open source technology—with the De- on Agriculture, Nutrition, and For- exemption for new dairy producers, up partment of Veterans Affairs and the estry. to 3 million pounds of milk during the Indian Health Service, IHS, national Mr. SPECTER. Mr. President, I seek first year of production, to encourage leaders in open source electronic recognition to speak on legislation I growth in the industry. With recent health record, EHR, development and am introducing with Senator CASEY losses across the country of so many implementation. Both the Veterans that will require the Secretary of Agri- dairy farms, this provision is impor- Health Administration’s VistA soft- culture to determine the price of all tant to spurring new farmers and pro- ware and the Indian Health Services’ manufactured milk, classified as Class ducers to enter the dairy industry. Resource and Patient Management II milk, using the national average I look forward to working with my System, RPMS, are affordable and de- cost of production. At a time when the colleagues to advance this and other pendable systems that have been in dairy farmers in Pennsylvania and legislation which will help a vital in- place for decades. across the country are seeing record dustry to this country. Our dairy farm- Most recently, the health IT funding low prices for their milk, this legisla- ers are the backbone of the agricul- included in the American Recovery and

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10597 Reinvestment Act, ARRA, although (3) SECRETARY.—The term ‘‘Secretary’’ Care Pilot Program, with Department of substantial, is likely to fall short of of- means the Secretary of Veterans Affairs. Veterans Affairs hospital systems, and with fering affordable options to all pro- (4) VISTA.—The term ‘‘VistA’’ means the other Federal health information technology viders. In fact, CBO estimates that, VistA software program utilized by the De- health initiatives; and partment of Veterans Affairs. (7) carry out other activities determined even with funding and incentives in the SEC. 3. FEDERAL CONSOLIDATED HEALTH IN- appropriate by the board of directors. ARRA, 30 percent of hospitals and 10 FORMATION TECHNOLOGY BOARD. (d) ANNUAL AUDITS.—The Comptroller Gen- percent of physicians will not have (a) ESTABLISHMENT.—To facilitate the im- eral of the United States shall annually con- adopted health IT by 2019. And, there plementation of electronic health record sys- duct an audit of the activities of the Board are some providers that are ineligible tems among safety-net health care providers during the year and submit the results of for funding under ARRA altogether. (particularly small, rural providers) there such audits to the appropriate committees of The Health Information Technology shall be established within the Office of the Congress. Public Utility Act will address this National Coordinator for Health Information (e) AUTHORIZATION OF APPROPRIATIONS.— problem by increasing access to open Technology of the Department of Health and There is authorized to be appropriated such sums as may be necessary to carry out this source software through a public util- Human Services, a Federal Consolidated Health Information Technology Board. section. ity model. The public utility model (b) BOARD OF DIRECTORS.—The Board shall SEC. 4. 21ST CENTURY HEALTH INFORMATION proposed in this bill would be adminis- be administered by a board of directors that TECHNOLOGY (HIT) GRANTS. tered by a Federal Consolidated Health shall be composed of the following individ- (a) ESTABLISHMENT.—The Board shall es- Information Technology Board under uals or their designees: tablish a grant program, to be known as the the umbrella of the ONCHIT, separate (1) The Secretary. 21st Century Health Information Technology from the Policy and Standards Com- (2) The Under Secretary for Health of the (HIT) Grant program, to award competitive mittees. Members of this Board would Department of Veterans Affairs. grants to eligible safety-net health care pro- represent relevant agencies across the (3) The Director of the Indian Health Serv- viders to enable such providers to fully im- federal government. The Board would ice. plement VistA or RPMS with respect to the (4) The Secretary of Defense. patients served by such providers. be responsible for linking efforts of (5) The Secretary of Health and Human (b) ELIGIBILITY.— current and new VistA and RPMS user Services. (1) IN GENERAL.—To be eligible to receive a groups, and updating VistA and RPMS (6) The Director of the Agency for grant under subsection (a), an entity shall— open source software (including pro- Healthcare Research and Quality. (A) be— vider-based EHRs, personal health (7) The Administrator of the Health Re- (i) a public or nonprofit health care pro- records, and other software modules) sources and Services Administration. vider (as defined in section 254(h)(7)(B) of the on a timely basis. (8) The Chairman of the Federal Commu- Communications Act of 1934 (47 U.S.C. The legislation also establishes a new nications Commission. 254(h)(7)(B)), including— 21st Century Health Information Tech- (c) DUTIES.—The Board shall— (I) post-secondary educational institutions (1) provide ongoing communication with offering health care instruction, teaching nology Grant Program to provide fund- existing VistA and RPMS user groups to en- hospitals, and medical schools; ing to public and not-for-profit safety sure that there is constant interoperability (II) a community health center receiving a net providers to cover the costs of im- between such groups and to provide for the grant under section 330 of the Public Health plementation and initial maintenance sharing of innovative ideas and technology; Service Act (42 U.S.C. 254) or a health center of VistA and/or RPMS systems. Grants (2) update VistA and RPMS open source that provides health care to migrants; will focus on eligible hospitals and software (including health care provider- (III) a local health department or agency, clinics, with some additional funding based electronic health records, personal including a dedicated emergency department for demonstrations in long-term care, health records, and other software modules) of rural for-profit hospitals; home health, and hospice. on a timely basis; (IV) a community mental health center; (3) implement and administer the 21st Cen- (V) a nonprofit hospitals; The Health Information Technology tury HIT Grant Program under section 4, in- (VI) a rural health clinics, including a mo- Public Utility Act fills a crucial gap in cluding providing for notice in the Federal bile clinic; health IT affordability and accessi- Register as well as— (VII) a consortia of health care providers, bility. This legislation does not replace (A) determining specific health informa- that consists of 1 or more of the entities de- commercial software; instead, it com- tion technology grant needs based on health scribed in clauses (i) through (vi); and plements the private industry in this care provider settings; (VIII) a part-time eligible entity that is lo- field—by making health information (B) developing benchmarks for levels of im- cated in an otherwise ineligible facility (as technology a realistic option for all plementation in each year that 21st Century described in section 5(b); or grant funding is provided; and (ii) a free clinic (as defined in paragraph providers and by making it possible for (C) providing ongoing VistA and RPMS (4); and the benefits of health IT to accrue to technical assistance to grantees under such (B) submit to the Board as application at all patients and I urge my colleagues program (either through the provision of di- such time, in such manner, and containing to join me in support of this important rect technical support or through the award- such information as the Board may require. policy. ing of competitive contracts to other quali- (2) NON-ELIGIBLE ENTITIES.— Mr. President, I ask unanimous con- fied entities); (A) IN GENERAL.—An entity shall not be eli- sent that the text of the bill be printed (D) develop mechanisms to integrate VistA gible to receive a grant under this section if in the RECORD. and RPMS with records and billing systems such entity is a for-profit health care entity There being no objection, the text of utilized under the Medicaid and State chil- (except as provided for in paragraph (1)(A)), the bill was ordered to be printed in dren’s health insurance programs under ti- or any other type of entity that is not de- tles XIX and XXI of the Social Security Act scribed in such paragraph, including— the RECORD, as follows: (42 U.S.C. 1396 and 1397aa et seq.); (i) an entity described in paragraph (1)(A) S. 890 (4) establish a child-specific electronic that is implementing an existing electronic Be it enacted by the Senate and House of Rep- health record, consistent with the param- health records system; resentatives of the United States of America in eters to be set for child electronic health (ii) an entity that is receiving grant fund- Congress assembled, records as provided for in the American Re- ing under the Federal Communication Com- SECTION 1. SHORT TITLE. covery and Reinvestment Act of 2009, to be mission Rural Health Pilot Program; This Act may be cited as the ‘‘Health In- used in the Medicaid and State children’s (iii) an entity receiving funding for health formation Technology (IT) Public Utility health insurance programs under titles XIX information technology through a Medicaid Act of 2009’’. and XXI of the Social Security Act, and transformation grant under title XIX of the SEC. 2. DEFINITIONS. under other Federal children’s health pro- Social Security Act (42 U.S.C. 1936 et seq.); In this Act: grams determined appropriate by the board (iv) a private physician office or clinic; (1) BOARD.—The term ‘‘Board’’ means the of directors; (v) a nursing home or other long-term care Federal Consolidated Health Information (5) develop and integrate quality and per- facility (such as an assisted living facility); Technology Board established under section formance measurement into the VistA and (vi) an emergency medical service facility; 3. RPMS modules; (vii) a residential substance abuse treat- (2) RPMS.—The term ‘‘RPMS’’ means the (6) integrate the 21st Century HIT Grant ment facility; Resource and Patient Management System Program under section 4 with the Federal (viii) a hospice; of the Indian Health Service. Communications Commission’s Rural Health (ix) a for-profit hospital;

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10598 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 (x) a home health agency; (including reductions in medication errors activities conducted under grants awarded (xi) a blood bank; and the provision of care management); under this section. (xii) a social service agency; and (F) a description of the extent of electronic (xiii) a community center, vocational reha- health record use across health care provider By Mr. BROWNBACK (for him- bilitation center, or youth center. settings; self, Mr. DURBIN, and Mr. FEIN- (B) OTHER ENTITIES.—An entity shall not (G) a description of the extent to which in- GOLD): be eligible to receive a grant under this sec- tegration of VistA and RPMS with Medicaid S. 891. A bill to require annual disclo- tion if such entity is receiving Medicare or and State children’s health insurance pro- sure to the Securities and Exchange Medicaid incentive funding under any of the gram billing has been achieved; and Commission of activities involving co- amendments made by title IV of division B (H) any other information determined nec- of the American Recovery and Reinvestment essary by the Board. lumbite-tantalite, cassiterite, and Act of 2009. (f) ANNUAL AUDITS.—The Comptroller Gen- wolframite from the Democratic Re- (3) PREFERENCE.—In awarding grant under eral of the United States shall annually con- public of Congo, and for other purposes; this section the Board shall give preference duct an audit of the grant program carried to the Committee on Banking, Hous- to applicants that— out under this section and submit the results ing, and Urban Affairs. (A) are located in geographical areas that of such audits to the Board and the appro- Mr. BROWNBACK. Mr. President, I have a greater likelihood of serving the same priate committees of Congress. rise before you today to speak on an patients and utilizing interoperability to (g) AUTHORIZATION OF APPROPRIATIONS.— issue that I have brought to the Senate promote coordinated care management; or There is authorized to be appropriated to carry out this section— Floor before and have been watching (B) demonstrate the greatest need for such for quite some time now. I would like award (as determined by the Secretary). (1) $2,000,000,000 for each of fiscal years 2010 to submit for the record the Congo (4) DEFINITION.—In this subsection, the and 2011; and term ‘‘free clinic’’ means a safety-net health (2) $1,000,000,000 for each of fiscal years 2012 Conflict Minerals Act of 2009. care organization that— through 2014. This bill will require U.S.-registered (A) utilizes volunteers to provide a range SEC. 5. 21ST CENTURY HEALTH INFORMATION companies selling products using co- of medical, dental, pharmacy, or behavioral TECHNOLOGY DEMONSTRATION lumbite-tantalite, coltan, cassiterite, health services to economically disadvan- PROGRAM FOR INELIGIBLE ENTI- TIES. or wolframite, or derivatives of these taged individuals the majority of whom are (a) IN GENERAL.—The Board may use not to minerals, to annually disclose to the uninsured or underinsured; and exceed 10 percent of the amount appropriate Securities and Exchange Commission (B) is a community-based tax-exempt orga- for each fiscal year under section 4(g) to the country of origin of those minerals. nization under section 501(c)(3) of the Inter- award competitive grants to eligible long- If the country of origin is the Demo- nal Revenue Code of 1986, or that operates as term care providers for the conduct of dem- cratic Republic of Congo or neigh- a program component or affiliate of such a onstration projects to implement VistA or 501(c)(3) organization. boring countries, the company would RPMS with respect to the individuals served need to disclose the mine of origin. An entity that is otherwise a free clinic by such providers. under this paragraph, but that charge a (b) ELIGIBILITY.— These minerals are the ‘‘conflict dia- nominal fee to patients, shall still be consid- (1) IN GENERAL.—To be eligible to receive a monds’’ of Congo, however rather than ered to be a free clinics if the entity delivers grant under subsection (a), an entity shall— ending up in jewelry these minerals are essential services regardless of the patient’s (A) be a— ending up in our electronics products. ability to pay. (i) nursing home or other long-term care This is not the first time this issue (c) USE OF FUNDS.—An entity shall use facility (such as an assisted living facility); has been raised. Only last year Senator amounts received under a grant under this (ii) a hospice; or DURBIN and I introduced S3058, the section to fully implement the VistA or (iii) a home health agency; and Conflict Coltan and Cassiterite Act, RPMS with respect to the patients served by (B) submit to the Board as application at which prohibited the importation of such entity. Such implementation shall in- such time, in such manner, and containing clude at least the meaningful use (as defined such information as the Board may require, certain products that contained or are by the Secretary of Health and Human Serv- including a description of the manner in derived from columbite-tantalite or ices) of such systems, including any ongoing which the applicant will use grant funds to cassiterite mined or extracted in the updates and changes to such definition. implement VistA or RPMS with respect to Democratic Republic of the Congo. (d) TERM AND RENEWAL.—A grant under the individuals served by such applicant to While the bill did not go anywhere, the this section shall be for a period of not to ex- achieve one or more of the following: issue itself has gained attention. We ceed 5 years and may be renewed, as deter- (i) Improve care coordination and chronic mined appropriate by the Board, based on have taken a strong hard look at last disease management. year’s bill and have done our best to the achievement of benchmarks required by (ii) Reduce hospitalizations. the Board. (iii) Reduce patient churning between the improve on it. (e) ANNUAL REPORTING.— hospital, nursing home, hospice, and home In the current legislation we call for (1) BY GRANTEES.—Not later than 1 year health entity. transparency and accountability after the date on which an entity receives a (iv) Increase the ability of long-term care throughout the supply-chain of these grant under this section, and annually dur- patients to remain in their homes and com- minerals. By making this supply-chain ing each year in which such entity has re- munities. more translucent, we ultimately can ceived funds under such grant, such entity (v) Improve patient completion, and pro- shall submit to the Board a report con- help save millions of innocent Congo- vider execution, of advance directives. lese lives who find themselves caught cerning the activities carried out under the (2) NONELIGIBILITY.—An entity shall not be grant. eligible to receive a grant under this section in the middle of this conflict, a conflict (2) BY BOARD.—Not later than 2 years after if such entity is receiving Medicare or Med- based on the control of these minerals. the date of enactment of this Act, and annu- icaid incentive funding under any of the Some in industry have already started ally thereafter, the Board shall submit to amendments made by title IV of division B down this road and are even in front of the appropriate committees of Congress a re- of the American Recovery and Reinvestment the curve with their efforts, but we port concerning the activities carried out Act of 2009. still need to strive to do a better job of under this section, including— (c) USE OF FUNDS.—An entity shall use (A) a description of the grants that have showing transparency and we need to amounts received under a grant under this do it quickly. been awarded under this section and the pur- section to implement the VistA or RPMS poses of such grants; with respect to the individuals served by It is no secret that the exploitation (B) specific implementation information such entity. Such implementation shall in- of minerals is taking place and funding with respect to activities carried out by clude at least the meaningful use (as defined the conflict in Congo. In its final re- grantees; by the Secretary of Health and Human Serv- port, released on December 12, 2008, the (C) the costs and savings achieved under ices) of such systems, including any ongoing United Nations Group of Experts on the the program under this section; updates and changes to such definition. Democratic Republic of the Congo (D) a description of any innovations devel- (d) DURATION.—A grant under this section found that official exports of colum- oped by health care providers as a result of shall be for a period of not to exceed 3 years, bite-tantalite, cassiterite, wolframite, the implementation of activities under this as determined appropriate by the Board. grant; (e) REPORTING.—The Board, as part of the and gold are grossly undervalued and (E) a description of the results of grant ac- report submitted under section 4(e)(2), shall that various illegal armed groups in tivities on patient care quality measurement provide comprehensive information on the the eastern region of the Democratic

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10599 Republic of Congo continue to profit While this small 2–year-old boy had a placement and human rights abuses in greatly from these natural resources similar story, however more disheart- the eastern Democratic Republic of by coercively exercising control over ening. His family had fled into the jun- Congo. The metals derived from these mining sites from where they are ex- gle when the rebels attacked their vil- three minerals are used widely in the tracted and locations along which they lage. After 3 months of seeking shelter electronic products that we use daily, are transported for export. in the jungle, his mother finally from cell phones to laptops to digital I have said this before and I will say brought him to a local health clinic cameras. By working to ensure the raw it again, this murky, conflict-funding where he too was referred to the inter- materials used in those products are supply-chain of minerals in eastern national humanitarian organization not benefiting armed groups, we can Congo has been the heart of darkness there. The only diagnosis the doctors have a positive impact on ending for that country too long and I am not could come up with was malaria. How- armed conflict and human rights the only one who believes that. ever when this photo was taken his abuses in the Congo. Last month the Democratic Republic body was rejecting the treatments, he Specifically, this bill charges the of Congo’s U.N. Ambassador Faida no longer cried-out in hunger or pain, State Department to support the work Mitifu spoke in New York during a he no longer responded to anything. of the United Nations Group of Experts panel discussion on media coverage of The issue of rape in the Congo is to further investigate and provide com- sexual violence against Congolese quite possibly the worst in the world. panies with guidance on the links be- women. When the issue of minerals in We used to call it a ‘‘tool of war’’ but tween natural resources and the fi- eastern Congo was raised, Ambassador now it’s not even due to the war. Be- nancing of armed groups. It also Mitifu said the exploitation of mineral cause it has been taking place there for charges the State Department with de- veloping a strategy to help break these resources is the driving force behind so long, it has nearly become an ac- linkages, while helping governments in the conflict. cepted behavior and one where impu- the region to establish the necessary Her exact quote ‘‘the minerals have nity reigns free. frameworks and institutions to mon- truly been the driving force behind this Last year I spoke with Dr. Mukwege itor and regulate the cross-border trade war. It has been dressed with different from Panzi Hospital in the city of of these minerals. Then, this bill re- clothes, but truly the minerals are the Bukavu in the South Kivu Province of quires U.S.-registered companies sell- driving force.’’ She went onto say the Congo. Panzi Hospital is the leading history of exploitation and conflict ing products containing those three treatment hospital of rape and sexual minerals to disclose the country of ori- dates back to the Congo’s colonial his- violence survivors in Congo. Dr. tory with Belgium. gin of those minerals and, if they come Mukwege sat in my office and told me She is right. The mismanagement of from Congo or neighboring countries, of how he was seeing as many as 10 new natural resources has long cast a to give further information, including gloom over the Democratic Republic of rape survivors who needed treatment a the mine of origin. This requirement Congo. The exploitation of these nat- week. will compel companies to take respon- He then pulled out a map and circled ural resources that began during the sibility for their suppliers and thus the areas where majority of his pa- reign of King Leopold has endured for bring greater transparency to the trade tients were coming from and explained over 100 years. During this 24-year tyr- in these minerals, which may enable anny of Congo, King Leopold exploited that those areas were the key mining more targeted actions down the road. the local population by turning it into areas for coltan and cassiterite in Finally, this bill encourages USAID to a slave colony, extracting the resource South Kivu. He said that rebels con- expand programs seeking to improve of the day—rubber, while over 13 mil- trolled these areas because of the min- the conditions and livelihood prospects lion Congolese died. eral wealth and that with their control for communities affected by this vio- In his book the ‘‘Heart of Darkness’’ of these areas came their lawlessness lence in Congo. We must not forget Joseph Conrad describes King and with lawlessness came the impu- that the long-term goal is not to shut Leopold’s colonial project in the Congo nity of rape. this trade down, but to support a con- ‘‘the vilest scramble for loot that ever Rape, displacement, insecurity, flict-free mining economy that benefits disfigured the history of human con- forced labor, child soldiers, curable ill- the Congolese people. science.’’ But have we seen history nesses left untreated, and deaths of The United Nations Group of Experts change at all? Well let me share with 1,500 people a day are only a few of the has reported over the years that var- you some of the lives ravaged by this human indignities directly and indi- ious illegal armed groups in eastern ongoing conflict. rectly surrounding this struggle for Congo profit greatly from the region’s This small 31⁄2-year-old boy became control of the minerals in eastern vast natural resources. In February one of the millions of victims of dis- Congo. However there is no room for 2008, the Group of Experts stated, ‘‘in- placement and malnourishment. His turning a blind eye on this matter dividuals and entities buying mineral family fled into the jungle from a rebel when we all must be actors in this sup- output from areas of the eastern part group that had burnt their village to ply-chain—from miner to consumer. of the Democratic Republic of Congo the ground in just outside the village American greatness has always been with a strong rebel presence are vio- of Kitchanga in North Kivu. founded on our fundamental goodness. lating the sanctions regime when they They lived in the jungle and had been We need to be a nation where the do not exercise due diligence to ensure constantly on the move. Food became strong protect the weak and people of their mineral purchases do not provide scarce and meals became as sporadic as privilege assist those in poverty. It assistance to illegal armed groups.’’ 2 to 3 a week. He fell sick and devel- says a lot about the kind of America They defined due diligence as deter- oped a cough. When his mother brought we all should work for when we speak mining the precise identify of the de- him to the local health clinic, they out against this type of tragedy and posits from which the minerals have were immediately referred to an inter- commit ourselves to those who are suf- been mined, establishing whether or national humanitarian organization in fering there. not these deposits are controlled and/or the area. There, this young boy was di- Mr. FEINGOLD. Mr. President, today taxed by illegal armed groups, and re- agnosed with malaria, tuberculosis, I am pleased to join Senators BROWN- fusing to buy minerals known to origi- and anemia. BACK and DURBIN as an original cospon- nate—or suspected to originate—from His doctors then discovered he had sor of the Congo Conflict Minerals Act deposits controlled/taxed by these been eating only what his mother could of 2009. The purpose of this bill is to armed groups. In December 2008, the gather in jungle and ate only once bring greater attention and trans- United Nations Security Council every three to four days. They imme- parency to the way in which the trade unanimously adopted Resolution 1857, diately began his treatments, which his in three minerals—columbite-tantalite, broadening existing sanctions relating small, frail body was struggling to ac- cassiterite, or wolframite—is inter- to Congo to include individuals or enti- cept. twined with the ongoing violence, dis- ties supporting the illegal armed

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10600 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 groups through the illicit trade of nat- processing stages before the relevant SUBMITTED RESOLUTIONS ural resources. The resolution also en- metals are used in technological prod- couraged member countries to ensure ucts. Bringing transparency to those that companies handling minerals from SENATE RESOLUTION 111—RECOG- supply chains may not be easy, but it NIZING JUNE 6, 2009, AS THE 70TH Congo exercise due diligence with their is something we can and should expect suppliers. ANNIVERSARY OF THE TRAGIC The U.S. has invested financial re- of industry when certain commodities DATE WHEN THE M.S. ST. LOUIS, sources and diplomacy over recent are known to be fueling human rights A SHIP CARRYING JEWISH REFU- years in trying to bring peace and sta- violations. Industry itself has acknowl- GEES FROM NAZI GERMANY, RE- bility to eastern Congo, and there have edged this. In February 2009, the Elec- TURNED TO EUROPE AFTER ITS been some successes. However, our ef- tronic Industry Citizenship Coalition, PASSENGERS WERE REFUSED forts have ultimately been hindered by which includes several major U.S. elec- ADMITTANCE TO THE UNITED a failure to directly address the under- tronic companies, put out a statement STATES lying causes of conflict. A study by the saying that companies can and should Mr. KOHL (for himself and Mr. Government Accountability Office re- uphold responsible practices in their VOINOVICH) submitted the following leased in 2007 found that U.S. efforts in operations and work with suppliers to resolution; which was referred to the Congo are undermined by weak govern- Committee on the Judiciary: meet social and environmental stand- ance and mismanagement of natural S. RES. 111 ards with respect to the raw materials resources. The plunder and unregulated Whereas on May 13, 1939, the ocean liner trade of eastern Congo’s rich mineral used in the manufacture of their prod- M.S. St. Louis departed from Hamburg, Ger- base continues to make war a profit- ucts. That was a bold statement and I many for Havana, Cuba with 937 passengers, able enterprise. This legislation at- want to work with companies to make most of whom were Jewish refugees fleeing tempts to finally confront and address it a reality with respect to Congo. Nazi persecution; that problem. It commits the United Whereas the Nazi regime in Germany in I traveled in 2007 to eastern Congo the 1930s implemented a program of violent States government and those compa- and saw firsthand the grave suffering persecution of Jews; nies under our jurisdiction to shed of people who have lived through a dec- Whereas the Kristallnacht, or Night of light on the dynamics of eastern Con- ade of conflict and humanitarian crisis. Broken Glass, pogrom of November 9 go’s mineral economy and to take ac- through 10, 1938, signaled an increase in vio- tions to reduce its exploitation by The numbers are staggering: an esti- lent anti-Semitism; armed groups. This can be an impor- mated 5.4 million deaths over the last Whereas after the Cuban Government, on tant step—perhaps even a transitional decade—making it the deadliest con- May 27, 1939, refused entry to all except 28 one—as we work with our regional flict since the Second World War. In passengers on board the M.S. St. Louis, the M.S. St. Louis proceeded to the coast of partners to help them establish and im- addition, millions of people are still south Florida in hopes that the United plement better frameworks for regula- displaced from their homes, living in States would accept the refugees; tion and oversight. squalid camps where children are sub- Whereas the United States refused to allow Some may say the bill goes too far, ject to forced recruitment and women the M.S. St. Louis to dock and thereby pro- while others may argue that this bill vide a haven for the Jewish refugees; suffer unspeakable levels of sexual vio- does not go far enough; that it has Whereas the Immigration Act of 1924 lence. In my travels to many parts of loopholes and lacks sufficient ‘‘teeth.’’ placed strict limits on immigration; This bill is not perfect. However, we Africa over the years, the suffering of Whereas a United States Coast Guard cut- must realize the conflict mineral prob- women and girls in eastern Congo par- ter patrolled near the M.S. St. Louis to pre- ticularly stands out. I met with women vent any passengers from jumping to free- lem is a complex one. This legislation dom; is just a first step to bring greater and girls there who had been gang Whereas following denial of admittance of transparency to that problem, which raped, often leaving them with horrific the passengers to Cuba, the United States, will then enable more comprehensive, physical and psychological damage. I and Canada, the M.S. St. Louis set sail on robust and targeted measures down the met with women who had lost their June 6, 1939 for return to Antwerp, Belgium road. At the same time, we must tread with the refugees; and husbands, their homes, and their liveli- Whereas 254 former passengers of the M.S. carefully because there are many com- hoods and yet against all odds they re- munities in eastern Congo whose liveli- St. Louis died under Nazi rule: Now, there- fused to give up—if only for the sake of fore, be it hoods are intertwined with the mining their children. I believe this bill will Resolved, That the Senate— economy. All-out prohibitions or blan- (1) recognizes that June 6, 2009, marks the make attaining peace for these women ket sanctions could be counter- 70th anniversary of the tragic date when the productive and negatively affect the and their families a little easier and M.S. St. Louis returned to Europe after its very people we seek to help. I am con- that is one of the reasons why I am passengers were refused admittance to the fident that this bill is sensitive to that supporting it. United States and other countries in the complex reality. It tasks the Govern- Western Hemisphere; In 2006, under the leadership of then- (2) honors the memory of the 937 refugees ment Accountability Office, within two Senator Obama and Senator BROWN- aboard the M.S. St. Louis, most of whom years, with assessing any problems re- BACK, the U.S. Congress passed the were Jews fleeing Nazi oppression, and 254 of sulting from the implementation of Democratic Republic of Congo Relief, whom subsequently died during the Holo- this Act, determining any adverse im- caust; pacts on local Congolese communities, Security and Democracy Promotion (3) acknowledges the suffering of those ref- and making recommendations for im- Act. That bill committed the United ugees caused by the refusal of the United proving its effectiveness. It also urges States to work comprehensively to- States, Cuban, and Canadian governments to USAID to expand its programs to work ward peace, prosperity and good gov- provide them political asylum; and (4) recognizes the 70th anniversary of the with these communities and improve ernance in the Congo. The Congo Con- M.S. St. Louis tragedy as an opportunity for their livelihood prospects. flict Minerals Act of 2009 seeks to move public officials and educators to raise aware- I also realize that some others may us a step closer toward those goals. I ness about an important historical event, argue that this bill goes too far; that it urge my colleagues to support it, and the lessons of which are relevant to current imposes impractical or onerous re- and future generations. thank Senators BROWNBACK and DURBIN quirements on companies who end-use for their leadership on this important Mr. KOHL. Mr. President, seventy these minerals. Similar arguments years ago the M.S. St. Louis, a German issue. were made in the early days of the ocean liner, sailed from Hamburg, Ger- Kimberley Process. I appreciate that many to Havana, Cuba with 937 pas- these three minerals often pass sengers, mostly Jewish refugees through extensive supply chains and searching for the freedom and safety of

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10601 the American dream. Those passengers SENATE RESOLUTION 112—DESIG- of the largest youth scouting organization in left their homes because of state sup- NATING FEBRUARY 8, 2010, AS the United States. ported anti-semitism including violent ‘‘BOY SCOUTS OF AMERICA f pogroms, expulsion from public schools DAY’’, IN CELEBRATION OF THE SENATE RESOLUTION 113—DESIG- and service, and arrest and imprison- 100TH ANNIVERSARY OF THE NATING APRIL 23, 2009, AS ‘‘NA- ment solely because of Jewish heritage. LARGEST YOUTH SCOUTING OR- TIONAL ADOPT A LIBRARY DAY’’ Some passengers were released from GANIZATION IN THE UNITED Mr. WEBB (for himself and Mr. WAR- prisons at Buchenwald and Dachau STATES NER) submitted the following resolu- only because they were immigrating Mr. NELSON of Nebraska (for him- tion; which was considered and agreed out of the country. With their freedom self, Mr. SESSIONS, Mrs. HUTCHISON, Mr. to: and safety stripped away by Nazi perse- COCHRAN, Mr. BAYH, Mr. CRAPO, Mr. S. RES. 113 cution, these refugees sailed for Cuba, BUNNING, Mr. ENZI, Mr. COBURN, Mr. a way station to wait for entry visas to Whereas libraries are an essential part of LUGAR, Mr. CHAMBLISS, Mr. BURR, Mr. the communities and the national system of the U.S. BROWN, Mr. CARPER, Mr. ALEXANDER, education in the United States; When the M.S. St. Louis arrived in Mr. INHOFE, Mrs. LINCOLN, Mr. RISCH, Whereas the people of the United States benefit significantly from libraries that Cuba, only 28 passengers were allowed Mr. BENNETT, Mr. THUNE, Mr. CASEY, to disembark. Corruption and political serve as an open place for people of all ages Mr. HATCH, Mr. WARNER, Ms. MUR- and backgrounds to make use of books and maneuvering within the Cuban govern- KOWSKI, Mr. BEGICH, Mr. CONRAD, and ment invalidated the transit visas of other resources that offer pathways to learn- Mr. JOHANNS) submitted the following ing, self-discovery, and the pursuit of knowl- the other passengers. Those individuals resolution; which was referred to the edge; waited with great hope for a remedy Committee on the Judiciary: Whereas the libraries of the United States that would provide refuge far from Nazi depend on the generous donations and sup- persecution. Before returning to Eu- S. RES. 112 port of individuals and groups to ensure that rope, the ship sailed towards Miami in Whereas the Boy Scouts of America was in- people who are unable to purchase books hopes of a solution. The ship sailed so corporated by the Chicago publisher William still have access to a wide variety of re- Boyce on February 8, 1910, after William close to Florida that the passengers sources; Boyce learned of the Scouting movement Whereas certain nonprofit organizations could see the lights of Miami. One sur- during a visit to London; facilitate donations of books to schools and vivor remembers his father com- Whereas, on June 21, 1910, a group of 34 na- libraries across the country to extend the menting that ‘‘Florida’s golden shores, tional representatives met, developed orga- joys of reading to millions of people in the so near, might as well be 4,000 miles nization plans, and opened a temporary na- United States and to prevent used books away for all the good it did them.’’ tional headquarters for the Boy Scouts of from being thrown away; and The US Immigration and Nationality America in New York; Whereas several States and Common- Whereas the purpose of the Boy Scouts of Act of 1924 strictly limited the number wealths that recognize the importance of li- America is to teach the youth of the United braries and reading have adopted resolutions of immigrants admitted to the U.S. States patriotism, courage, self-reliance, and commemorating April 23 as ‘‘Adopt A Li- each year and in 1939 the waiting list kindred values; brary Day’’: Now, therefore, be it for German-Austrian immigration was Whereas, by 1912, Boy Scouts were enrolled Resolved, That the Senate— several years long. While the press was in every State; (1) designates April 23, 2009, as ‘‘National largely sympathetic to the plight of Whereas, in 1916, Congress granted the Boy Adopt A Library Day’’; the passengers of the M.S. St. Louis, no Scouts of America a Federal charter; (2) honors organizations that help facili- extraordinary measures were taken to Whereas each local Boy Scout Council tate donations to schools and libraries; commits each Boy Scout to perform 12 hours (3) urges all people in the United States permit the refugees to enter the United of community service yearly, for a total of who own unused books to donate those books States. The passengers were told that 30,000,000 community service hours each to local libraries; they must ‘‘await their turns on the year; (4) strongly supports children and families waiting list and qualify for and obtain Whereas, since 1910, more than 111,000,000 who take advantage of the resources pro- immigration visas’’. people have been members of the Boy Scouts vided by schools and libraries; and On June 6 the M.S. St. Louis sailed of America; (5) encourages the people of the United Whereas Boy Scouts are found in 185 coun- States to observe the day with appropriate back to Europe with nearly all of its tries around the world; ceremonies and activities. original passengers. Refuge for the pas- Whereas the Boy Scouts of America will f sengers was eventually obtained in present the 2 millionth Eagle Scout award in Great Britain, the Netherlands, Bel- 2009; SENATE CONCURRENT RESOLU- gium, and France. World War II started Whereas more than 1,000,000 adult volun- TION 19—EXPRESSING THE three months later and those coun- teer leaders selflessly serve young people in SENSE OF CONGRESS THAT THE tries, with the exception of Great Brit- their communities through organizations SHI’ITE PERSONAL STATUS LAW ain, fell to Nazi occupation. Two hun- chartered by the Boy Scouts of America; IN AFGHANISTAN VIOLATES THE Whereas the adult volunteer leaders of the FUNDAMENTAL HUMAN RIGHTS dred and fifty-four of those passengers Boy Scouts of America often neither receive died during the Holocaust and many nor seek the gratitude of the public; and OF WOMEN AND SHOULD BE RE- others suffered under Nazi persecution Whereas the Boy Scouts of America en- PEALED and in concentration camps. deavors to develop United States citizens Mrs. BOXER (for herself, Ms. SNOWE, During this week when we remember who are physically, mentally, and emotion- Ms. MIKULSKI, Mrs. MURRAY, Mrs. the Holocaust, it is appropriate and ally fit, have a high degree of self-reliance GILLIBRAND, Ms. CANTWELL, Mrs. SHA- demonstrated by such qualities as initiative, right to acknowledge the voyage of the HEEN, Mrs. FEINSTEIN, and Ms. COLLINS) courage, and resourcefulness, have personal M.S. St. Louis and the lives and the values based on religious concepts, have the submitted the following concurrent dreams of those refugees who made a desire and skills to help others, understand resolution; which was referred to the trip towards freedom only to be re- the principles of the social, economic, and Committee on Foreign Relations: turned to Europe. This Senate Resolu- governmental systems of the United States, S. CON. RES. 19 tion acknowledges the 70th anniversary take pride in the heritage of the United Whereas in March 2009, the Shi’ite Per- of the voyage of the M.S. St. Louis and States and understand the role of the United sonal Status Law was approved by the par- honors the memory of those pas- States in the world, have a keen respect for liament of Afghanistan and signed by Presi- sengers, 254 of who died during the Hol- the basic rights of all people, and are pre- dent Hamid Karzai; pared to participate in and give leadership to ocaust. This resolution also provides Whereas according to the United Nations, the society of the United States: Now, there- the law legalizes marital rape by mandating an opportunity for public officials and fore, be it that a wife cannot refuse sex to her husband educators to reflect on this historic Resolved, That the Senate designates Feb- unless she is ill; event and lessons that are relevant to ruary 8, 2010, as ‘‘Boy Scouts of America Whereas the law also weakens mothers’ current and future generations. Day’’, in celebration of the 100th anniversary rights in the event of a divorce and prohibits

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10602 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 a woman from leaving her home unless her Whereas the international community and SA 1010. Mrs. McCASKILL submitted an husband determines it is for a ‘‘legitimate the United States have a long-standing com- amendment intended to be proposed by her purpose’’; mitment to and interest in working with the to the bill S. 386, supra; which was ordered to Whereas President Barack Obama has people and Government of Afghanistan to re- lie on the table. called the law ‘‘abhorrent’’ and stated that establish respect for fundamental human SA 1011. Mr. COBURN submitted an ‘‘there are certain basic principles that all rights and protect women’s rights in Afghan- amendment intended to be proposed to nations should uphold, and respect for istan; and amendment SA 990 proposed by Mr. KOHL to women and respect for their freedom and in- Whereas the provisions in the Shi’ite Per- the bill S. 386, supra; which was ordered to tegrity is an important principle’’; sonal Status Law that restrict women’s lie on the table. Whereas the United Nations High Commis- rights are diametrically opposed to those SA 1012. Mr. COBURN submitted an sioner for Human Rights has said that the goals: Now, therefore, be it amendment intended to be proposed to law represents a ‘‘huge step in the wrong di- Resolved by the Senate (the House of Rep- amendment SA 990 proposed by Mr. KOHL to rection’’ and is ‘‘extraordinary, reprehen- resentatives concurring), That Congress— the bill S. 386, supra; which was ordered to sible and reminiscent of the decrees made by (1) urges the Government of Afghanistan lie on the table. the Taliban regime in Afghanistan in the and President Hamid Karzai to declare the SA 1013. Mr. SCHUMER (for himself and 1990s’’; provisions of the Shi’ite Personal Status Mr. KENNEDY) submitted an amendment in- Whereas the Secretary-General of the Law on marital rape and restrictions on tended to be proposed by him to the bill S. North Atlantic Treaty Organization (NATO) women’s freedom of movement unconstitu- 386, supra; which was ordered to lie on the has asserted that passage of the law could tional and an erosion of growth and develop- table. discourage countries in Europe from contrib- ment in Afghanistan; f uting additional troops to help combat ter- (2) supports the decision by President rorism in the region; Karzai to analyze the draft law and strongly TEXT OF AMENDMENTS Whereas President Karzai has instructed urges him not to publish it on the grounds SA 1003. Mr. ENSIGN submitted an that it violates the Constitution of Afghani- the Government of Afghanistan and mem- amendment intended to be proposed to bers of the clergy to review the law and stan and the basic human rights of women; change any articles that are not in keeping (3) encourages the Secretary of State, the amendment SA 1000 submitted by Mrs. with Afghanistan’s Constitution and Islamic Special Representative to Afghanistan and BOXER (for herself, Ms. SNOWE, Mr. Sharia, yet has not made a concrete declara- Pakistan, the Ambassador-at-Large for CORKER, and Mr. MERKLEY) to the bill tion that the provision legalizing marital International Women’s Issues, and the S. 386, to improve enforcement of mort- rape and other provisions curtailing women’s United States Ambassador to Afghanistan to gage fraud, securities fraud, financial rights will be removed completely; consider and address the status of women’s institution fraud, and other frauds re- Whereas the law includes provisions that rights and security in Afghanistan to ensure lated to federal assistance and relief that these rights are not being eroded are fundamentally incompatible with the ob- programs, for the recovery of funds lost ligations of the Government of Afghanistan through unjust laws, policies, or institu- under the various international instruments tions; and to these frauds, and for other purposes; that it has ratified, as well as under its own (4) encourages the Government of Afghani- as follows: Constitution; stan to solicit information and advice from After page 2, line 20, add the following: Whereas Afghanistan is a signatory of the the Ministry of Justice, the Ministry for (f) PUBLIC-PRIVATE INVESTMENT PRO- Universal Declaration of Human Rights Women’s Affairs, the Afghanistan Inde- GRAM.— (UDHR), which establishes the principle of pendent Human Rights Commission, and (1) IN GENERAL.—Any program established nondiscrimination, including on the basis of women-led nongovernmental organizations by the Secretary of the Treasury or the sex, and states that men and women are en- to ensure that current and future legislation Board of Directors of the Federal Deposit In- titled to equal rights to marriage, during and official policies protect and uphold the surance Corporation that does any of the fol- marriage, and at its dissolution; equal rights of women, including through na- lowing shall meet the requirements of para- Whereas Afghanistan became a party to tional campaigns to lead public discourse on graph (2): the International Covenant on Economic, the importance of women’s status and rights (A) Creates a public-private investment Social and Cultural Rights, done at New to the overall stability of Afghanistan. fund. York December 16, 1966, and entered into f (B) Makes available any funds from the force January 3, 1976 (ICESCR), which em- Troubled Asset Relief Program established phasizes the principle of self-determination, AMENDMENTS SUBMITTED AND under title I of the Emergency Economic in that men and women may freely deter- PROPOSED Stabilization Act of 2008 (12 U.S.C. 5211 et mine their political status as well as their SA 1003. Mr. ENSIGN submitted an amend- seq.) or the Federal Deposit Insurance Cor- economic, social, and cultural development; ment intended to be proposed to amendment poration for— Whereas Afghanistan acceded to the Con- SA 1000 submitted by Mrs. BOXER (for her- (i) a public-private investment fund; or vention on the Elimination of All Forms of self, Ms. SNOWE, Mr. CORKER, and Mr. (ii) a loan to a private investor to fund the Discrimination Against Women, done at New MERKLEY) to the bill S. 386, to improve en- purchase of a mortgage-backed security or York December 18, 1979, and entered into forcement of mortgage fraud, securities an asset-backed security. force September 3, 1981 (CEDAW), which con- fraud, financial institution fraud, and other (C) Employs or contracts with a private demns discrimination against women in all frauds related to federal assistance and relief sector partner to manage assets for a public- its forms and reaffirms the equal rights and programs, for the recovery of funds lost to private investment program. responsibilities of men and women during these frauds, and for other purposes. (D) Guarantees any debt or asset for pur- marriage and at its dissolution; SA 1004. Mr. ENSIGN submitted an amend- poses of a public-private investment pro- Whereas, notwithstanding any declarations ment intended to be proposed by him to the gram. or reservations made upon ratification of bill S. 386, supra. (2) REQUIREMENTS.—Any program described these various international conventions, the SA 1005. Mr. KOHL (for himself and Mrs. in paragraph (1) shall— Government of Afghanistan is under an obli- LINCOLN) submitted an amendment intended (A) impose strict conflict of interest rules gation not to act in any way which might de- to be proposed by him to the bill S. 386, on managers of public-private investment feat the object and purpose of these conven- supra; which was ordered to lie on the table. funds that— tions, pursuant to the Vienna Convention on SA 1006. Mr. SCHUMER (for himself, Mr. (i) specifically describe the extent, if any, the Law of Treaties, done at New York May SHELBY, Mr. DODD, Mrs. FEINSTEIN, Mr. GRA- to which such managers may— 23, 1969, and entered into force January 27, HAM, and Mr. REED) proposed an amendment (I) invest the assets of a public-private in- 1980, which is widely recognized as embody- to the bill S. 386, supra. vestment fund in assets that are held or ing customary international law; SA 1007. Mr. HATCH (for himself, Mr. COR- managed by such managers or the clients of Whereas Article 22 of the Constitution of NYN, Mr. ENZI, Mr. ROBERTS, and Mr. BEN- such managers; and Afghanistan (2003) prohibits any kind of dis- NETT) proposed an amendment to the bill S. (II) conduct transactions involving a pub- crimination between and privilege among 386, supra. lic-private investment fund and an entity in the citizens of Afghanistan and establishes SA 1008. Ms. SNOWE submitted an amend- which such manager or a client of such man- the equal rights of all citizens before the ment intended to be proposed by her to the ager has invested; law; bill S. 386, supra; which was ordered to lie on (ii) take into consideration that there is a Whereas Article 54 of the Constitution of the table. trade off between hiring a manager with sig- Afghanistan obligates the Government of Af- SA 1009. Mr. PRYOR (for himself and Mr. nificant experience as an asset manager that ghanistan to ensure the physical and psycho- CORKER) submitted an amendment intended has complex conflicts of interest, and hiring logical well-being of the family, especially of to be proposed by him to the bill S. 386, a manager with less expertise that has no mothers and children; supra; which was ordered to lie on the table. conflicts of interest; and

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10603 (iii) acknowledge that the types of entities (B) funded by a combination of cash or eq- action by such manager or a client of such that are permitted to make investment deci- uity from private investors and funds pro- manager in the same type of asset that is sions for a public-private investment fund vided by the Secretary of the Treasury, the held by the public-private investment fund; may need to be limited to mitigate conflicts Federal Deposit Insurance Corporation, or (5) allow the Special Inspector General of of interest; the Board of Governors of the Federal Re- the Troubled Asset Relief Program, access to (B) require the disclosure of information serve System. all books and records of a public-private in- regarding participation in and management vestment fund; of public-private investment funds, including SA 1004. Mr. ENSIGN submitted an (6) require each manager of a public-pri- any transaction undertaken in a public-pri- amendment to be proposed by him to vate investment fund to retain all books, vate investment fund; the bill S. 386, to improve enforcement documents, and records relating to such pub- (C) require each public-private investment of mortgage fraud, securities fraud, fi- lic-private investment fund, including elec- fund to make a certified report to the Sec- nancial institution fraud, and other tronic messages; retary of the Treasury that describes each frauds related to federal assistance and (7) allow the Special Inspector General of transaction of such fund and the current the Troubled Asset Relief Program, the Sec- value of any assets held by such fund, which relief programs, for the recovery of retary of the Treasury, and any other Fed- report shall be publicly disclosed by the Sec- funds lost to these frauds, and for other eral agency with oversight responsibilities retary of the Treasury purposes; as follows: access to— (D) require each manager of a public-pri- At the end of the bill, add the following: (A) the books, documents, records, and em- vate investment fund to report to the Sec- SEC. 5. PUBLIC-PRIVATE INVESTMENT PROGRAM. ployees of each manager of a public-private retary of the Treasury any holding or trans- (a) IN GENERAL.—Any program established investment fund; and action by such manager or a client of such by the Secretary of the Treasury or the (B) the books, documents, and records of manager in the same type of asset that is Board of Directors of the Federal Deposit In- each private investor in a public-private in- held by the public-private investment fund; surance Corporation that does any of the fol- vestment fund that relate to the public-pri- (E) allow the Special Inspector General of lowing shall meet the requirements of sub- vate investment fund; the Troubled Asset Relief Program, access to section (b): (8) require each manager of a public-pri- all books and records of a public-private in- (1) Creates a public-private investment vate investment fund to give such public-pri- vestment fund; fund. vate investment fund terms that are at least (F) require each manager of a public-pri- (2) Makes available any funds from the as favorable as those given to any other per- vate investment fund to retain all books, Troubled Asset Relief Program established son for whom such manager manages a fund; documents, and records relating to such pub- under title I of the Emergency Economic (9) require each manager of a public-pri- lic-private investment fund, including elec- Stabilization Act of 2008 (12 U.S.C. 5211 et vate investment fund to acknowledge a fidu- tronic messages; seq.) or the Federal Deposit Insurance Cor- ciary duty to the public and private inves- (G) allow the Special Inspector General of poration for— tors in such fund; the Troubled Asset Relief Program, the Sec- (A) a public-private investment fund; or (10) require each manager of a public-pri- retary of the Treasury, and any other Fed- (B) a loan to a private investor to fund the vate investment fund to develop a robust eral agency with oversight responsibilities purchase of a mortgage-backed security or ethics policy that includes methods to en- access to— an asset-backed security. sure compliance with such policy; (i) the books, documents, records, and em- (3) Employs or contracts with a private (11) require stringent investor screening ployees of each manager of a public-private procedures for public-private investment investment fund; and sector partner to manage assets for a public- funds that include know your customer re- (ii) the books, documents, and records of private investment program. quirements at least as rigorous as those of a each private investor in a public-private in- (4) Guarantees any debt or asset for pur- commercial bank or retail brokerage oper- vestment fund that relate to the public-pri- poses of a public-private investment pro- ation; vate investment fund; gram. (b) REQUIREMENTS.—Any program described (12) require each manager of a public-pri- (H) require each manager of a public-pri- in subsection (a) shall— vate investment fund to give such public-pri- vate investment fund to identify for the Sec- vate investment fund terms that are at least (1) impose strict conflict of interest rules retary of the Treasury each beneficial owner as favorable as those given to any other per- on managers of public-private investment of a private interest in such fund; and son for whom such manager manages a fund; funds that— (13) require the Secretary of the Treasury (I) require each manager of a public-pri- (A) specifically describe the extent, if any, to ensure that all investors in a public-pri- vate investment fund to acknowledge a fidu- to which such managers may— vate investment fund are legitimate. EPORT.—Not later than 45 days after ciary duty to the public and private inves- (i) invest the assets of a public-private in- (c) R tors in such fund; vestment fund in assets that are held or the date of the establishment of a program (J) require each manager of a public-pri- managed by such managers or the clients of described in subsection (a), the Special In- vate investment fund to develop a robust such managers; and spector General of the Troubled Asset Relief ethics policy that includes methods to en- (ii) conduct transactions involving a pub- Program shall submit to Congress a report sure compliance with such policy; lic-private investment fund and an entity in on the implementation of this section. (d) DEFINITION.—In this section, the term (K) require stringent investor screening which such manager or a client of such man- procedures for public-private investment ager has invested; ‘‘public-private investment fund’’ means a fi- funds that include know your customer re- (B) take into consideration that there is a nancial vehicle that is— quirements at least as rigorous as those of a trade off between hiring a manager with sig- (1) established by the Federal Government commercial bank or retail brokerage oper- nificant experience as an asset manager that to purchase pools of loans, securities, or as- ation; has complex conflicts of interest, and hiring sets from a financial institution described in (L) require each manager of a public-pri- a manager with less expertise that has no section 101(a)(1) of the Emergency Economic vate investment fund to identify for the Sec- conflicts of interest; and Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); retary of the Treasury each beneficial owner (C) acknowledge that the types of entities and of a private interest in such fund; and that are permitted to make investment deci- (2) funded by a combination of cash or eq- (M) require the Secretary of the Treasury sions for a public-private investment fund uity from private investors and funds pro- to ensure that all investors in a public-pri- may need to be limited to mitigate conflicts vided by the Secretary of the Treasury, the vate investment fund are legitimate. of interest; Federal Deposit Insurance Corporation, or (3) REPORT.—Not later than 45 days after (2) require the disclosure of information re- the Board of Governors of the Federal Re- the date of the establishment of a program garding participation in and management of serve System. described in paragraph (1), the Special In- public-private investment funds, including spector General of the Troubled Asset Relief any transaction undertaken in a public-pri- SA 1005. Mr. KOHL (for himself and Program shall submit to Congress a report vate investment fund; Mrs. LINCOLN) submitted an amend- on the implementation of this section. (3) require each public-private investment ment intended to be proposed by him (4) DEFINITION.—In this subsection, the fund to make a certified report to the Sec- to the bill S. 386, to improve enforce- term ‘‘public-private investment fund’’ retary of the Treasury that describes each ment of mortgage fraud, securities means a financial vehicle that is— transaction of such fund and the current fraud, financial institution fraud, and (A) established by the Federal Government value of any assets held by such fund, which other frauds related to federal assist- to purchase pools of loans, securities, or as- report shall be publicly disclosed by the Sec- sets from a financial institution described in retary of the Treasury; ance and relief programs, for the recov- section 101(a)(1) of the Emergency Economic (4) require each manager of a public-pri- ery of funds lost to these frauds, and Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); vate investment fund to report to the Sec- for other purposes; which was ordered and retary of the Treasury any holding or trans- to lie on the table; as follows:

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10604 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 At the end of the bill, add the following: Commission, $20,000,000 for each of the fiscal On page 26, after line 22, add the following: SEC. 5. WARNINGS TO HOMEOWNERS OF FINAN- years 2010 and 2011 for investigations and en- SEC. 5. EFFICIENT INVESTIGATION OF FINAN- CIAL SCAMS. forcement proceedings involving financial CIAL CRIMES. (a) IN GENERAL.—If a loan servicer finds institutions, including financial institutions Not later than 60 days after the date of en- that a homeowner has failed to make 2 con- to which this Act and amendments made by actment of this Act, the Attorney General of secutive payments on a residential mortgage this Act apply. the United States shall submit to the Com- loan and such loan is at risk of being fore- (2) INSPECTOR GENERAL.—There is author- mittee on the Judiciary of the Senate and closed upon, the loan servicer shall notify ized to be appropriated to the Securities and the Committee on the Judiciary of the House such homeowner of the dangers of fraudulent Exchange Commission, $1,000,000 for each of of Representatives a report regarding the ac- activities associated with foreclosure. the fiscal years 2010 and 2011 for the salaries tivities of the Department of Justice to work (b) NOTICE REQUIREMENTS.—Each notice and expenses of the Office of the Inspector with other Federal departments and agencies provided under subsection (a) shall— General of the Securities and Exchange Com- and State and local governments to ensure (1) be in writing; mission. that financial crimes (including fraud, mis- (2) be included with a mailing of account representation, malfeasance, or related information; SA 1007. Mr. HATCH (for himself, Mr. crimes with respect to development, adver- (3) have the heading ‘‘Notice Required by CORNYN, Mr. ENZI, Mr. ROBERTS, and tising, brokerage, or sale of financial prod- Federal Law’’ in a 14-point boldface type in Mr. BENNETT) proposed an amendment ucts including derivatives, mortgage-backed English and Spanish at the top of such no- to the bill S. 386, to improve enforce- securities, credit default swaps, and tice; and ment of mortgage fraud, securities subprime loans, or related services) are in- vestigated and prosecuted in the most effi- (4) contain the following statement in fraud, financial institution fraud, and English and Spanish: ‘‘Mortgage foreclosure cient way possible and without duplication is a complex process. Some people may ap- other frauds related to federal assist- of effort. proach you about saving your home. You ance and relief programs, for the recov- should be careful about any such promises. ery of funds lost to these frauds, and SA 1009. Mr. PRYOR (for himself and There are government and nonprofit agen- for other purposes; as follows: Mr. CORKER) submitted an amendment cies you may contact for helpful information At the end, insert the following: intended to be proposed by him to bill about the foreclosure process. Contact your SEC. ll. TRANSPARENCY IN ANNUAL FINANCIAL S. 386, to improve enforcement of mort- lender immediately at [llll], call the De- REPORTS. gage fraud, securities fraud, financial partment of Housing and Urban Development (a) FINDINGS.—Congress finds the fol- institution fraud, and other frauds re- Housing Counseling Line at (800) 569–4287 to lowing: lated to federal assistance and relief find a housing counseling agency certified by (1) The American workers who contribute the Department to assist you in avoiding union dues deserve to have transparency and programs, for the recovery of funds lost foreclosure, or visit the Department’s Tips accountability in the management of their to these frauds, and for other purposes; for Avoiding Foreclosure website at http:// unions. which was ordered to lie on the table; www.hud.gov/foreclosure for additional as- (2) Since 2001, investigations of union fraud as follows: sistance.’’ (the blank space to be filled in by have resulted in more than 1,000 indictments, At the appropriate place, insert the fol- the loan servicer and successor telephone 929 convictions, and restitution in excess of lowing: numbers and Uniform Resource Locators $93,000,000. SEC. ll. ENHANCED REPORTING ON USE OF (URLs) for the Department of Housing and (3) A new rule (referred to in this sub- TARP FUNDS. Urban Development Housing Counseling Line section as the ‘‘transparency rule’’) to re- Section 105 of the Emergency Economic and Tips for Avoiding Foreclosure website, quire union management to disclose more in- Stabilization Act of 2008 (12 U.S.C. 5215(a)) is respectively.). formation about sales and purchases of as- amended— (c) LOAN SERVICER.—As used in this sec- sets, and disbursements to officers and em- (1) in subsection (a)— tion, the term ‘‘loan servicer’’ has the same ployees, among other things, was set to take (A) in paragraph (2), by striking ‘‘and’’ at meaning as the term ‘‘servicer’’ in section effect on April 21, 2009, after a previous delay the end; 6(i)(2) of the Real Estate Settlement Proce- affording reporting entities more time to (B) in paragraph (3), by striking the period dures Act of 1974 (12 U.S.C. 2605(i)(2)). prepare to comply. at the end and inserting ‘‘; and’’; and (d) ENFORCEMENT BY FEDERAL TRADE COM- (4) The Obama Administration has set a (C) by adding at the end the following: MISSION.— goal for itself to be the most open and trans- ‘‘(4) a detailed report on the use of capital (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— parent administration in the history of the investments by each financial institution, A failure to comply with any provision of Nation. including— this section shall be treated as a violation of (5) On April 21, 2009, the Department of ‘‘(A) a narrative response, in a form and on a rule defining an unfair or deceptive act or Labor issued— a date to be established by the Secretary, practice promulgated under section (A) a final rule providing for a further specifically outlining, with respect to the fi- 18(a)(1)(B) of the Federal Trade Commission delay of the transparency rule; and nancial institution— Act (15 U.S.C. 57a(a)(1)(B)). (B) a proposed rule to withdraw the trans- ‘‘(i) the original intended use of the TARP (2) ACTIONS BY THE FEDERAL TRADE COMMIS- parency rule. funds; SION.—The Federal Trade Commission shall (6) The transparency rule would have been ‘‘(ii) whether the TARP funds are seg- enforce the provisions of this section in the a key tool in the battle against fraud, dis- regated from other institutional funds; same manner, by the same means, and with couraging embezzlement of the money of ‘‘(iii) the actual use of the TARP funds to the same jurisdiction, powers, and duties as union members and making money harder to date; though all applicable terms and provisions of hide, and would have provided great sunlight ‘‘(iv) the amount of TARP funds retained the Federal Trade Commission Act (15 U.S.C. and transparency to allow members to know for the purpose of recapitalization; and 41 et seq.) were incorporated into and made how their dues were being spent. ‘‘(v) the expected use of the remainder of part of this section. (7) The Department of Labor’s actions are the TARP funds; in direct contradiction to everything the ‘‘(B) information compiled by the Sec- SA 1006. Mr. SCHUMER (for himself, Obama Administration purports to stand for. retary under subsection (b); and Mr. SHELBY, Mr. DODD, Mrs. FEINSTEIN, (b) PROHIBITION.—The Secretary of Labor ‘‘(C) a report, in a form and on a date to be Mr. GRAHAM, and Mr. REED) proposed may not expend Federal funds to withdraw established by the Secretary, on the compli- an amendment to the bill S. 386, to im- the rule issued by the Secretary of Labor en- ance by the financial institution with the re- prove enforcement of mortgage fraud, titled ‘‘Labor Organization Annual Financial strictions on dividends, stock repurchases, securities fraud, financial institution Reports’’, 74 Fed. Reg. 3678 (January 21, 2009). and executive compensation under the Secu- fraud, and other frauds related to fed- rity Purchase Agreement and executive com- SA 1008. Ms. SNOWE submitted an pensation guidelines of the Department of eral assistance and relief programs, for amendment to be proposed by her to Treasury.’’; the recovery of funds lost to these the bill S. 386, to improve enforcement (2) by redesignating subsections (b) frauds, and for other purposes; as fol- of mortgage fraud, securities fraud, fi- through (e) as subsections (c) through (f), re- lows: nancial institution fraud, and other spectively; and At the appropriate place in section 3, in- frauds related to federal assistance and (3) by inserting after subsection (a) the fol- sert the following: lowing: (l) ADDITIONAL APPROPRIATIONS FOR THE relief programs, for the recovery of ‘‘(b) INFORMATION PROVIDED BY FINANCIAL SECURITIES AND EXCHANGE COMMISSION.— funds lost to these frauds, and for other INSTITUTIONS.— (1) IN GENERAL.—There is authorized to be purposes; which was ordered to lie on ‘‘(1) IN GENERAL.—For purposes of the re- appropriated to the Securities and Exchange the table; as follows: port of the Secretary required by subsection

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10605 (a)(4), financial institutions assisted under SEC. 23. FEDERALLY-INSURED HOME EQUITY moved from the title to the dwelling, infor- this title shall provide to the Secretary the CONVERSION MORTGAGES. mation about— information required by paragraph (2), at (a) CERTIFICATION OF RESIDENCE.—Section ‘‘(i) the consequences of being removed such times and in such manner as the Sec- 255(d)(2) of the National Housing Act (12 from such title; and retary shall establish. U.S.C. 1715z-20(d)(2)) is amended— ‘‘(ii) the consequences upon the death of ‘‘(2) INFORMATION REQUIRED.—Information (1) in subparagraph (C), by striking ‘‘and’’ the mortgagor or a divorce settlement. required by this paragraph is— at the end; ‘‘(2) FRAUD REPORTING.—A person or entity ‘‘(A) for those financial institutions receiv- (2) by redesignating subparagraph (D) as that counsels a mortgagor under this sub- ing $1,000,000,000 or more from the Capital subparagraph (E); and section shall report to the Inspector General Purchase Program established by the Sec- (3) by inserting after subparagraph (C) the of the Department of Housing and Urban De- retary (or any successor thereto), a monthly following: velopment any suspected mortgage-related lending and intermediation snapshot, as of a ‘‘(D) submits a certification to the Sec- fraud against a mortgagor. retary and the mortgagee that the mort- date to be established by the Secretary, ‘‘(3) CERTIFICATION.—Before making a which shall include— gagor occupies the dwelling that secures the home equity conversion mortgage, a mort- ‘‘(i) quantitative information, as well as mortgage; and’’. gagee shall obtain from each mortgagor a (b) PURCHASE OF DWELLING.—Section commentary, to explain changes in lending certification that such mortgagor has re- 255(d)(3) of the National Housing Act (12 ceived counseling under this subsection.’’. levels for each category on consumer lend- U.S.C. 1715z-20(d)(3)) is amended by striking (e) ADDITIONAL PROTECTIONS.—Section 255 ing, including first mortgages, home equity ‘‘that is’’ and all that follows through ‘‘unit’’ of the National Housing Act (12 U.S.C. 1715z- lines of credit, open end credit plans (as that and inserting ‘‘that—’’ 20) is amended by inserting after subsection term is defined in section 103 of the Truth in ‘‘(A) is designed principally for a 1- to 4- Lending Act (15 U.S.C. 1602)), and other con- (p) the following: family residence in which the mortgagor oc- ‘‘(q) POWERS OF HUD INSPECTOR GEN- sumer lending; cupies 1 of the units; and ‘‘(ii) quantitative information, as well as ERAL.—The Inspector General of the Depart- ‘‘(B) in the case of a dwelling that is pur- ment of Housing and Urban Development commentary, to explain changes in lending chased with the proceeds of a home equity levels for each category on commercial lend- may— conversion mortgage, was owned and occu- ‘‘(1) conduct independent audits and in- ing, including commercial and industrial pied during the 180-day period ending on the (C&I) lending and real estate; spections of mortgagees to ensure that such date of the sale of the dwelling’’. mortgagees comply with the requirements ‘‘(iii) quantitative information, as well as (c) APPRAISALS.—Section 255(d) of the Na- under this section; and commentary, to explain changes in lending tional Housing Act (12 U.S.C. 1715z-20(d)) is ‘‘(2) compare the records of mortgagors levels for each category on other lending ac- amended— under mortgages insured under this section tivities, including mortgage-backed securi- (1) in paragraph (10), by striking ‘‘and’’ at with the Death Master File of the Social Se- ties, asset-backed securities, and other se- the end; curity Administration. cured lending; and (2) in paragraph (11), by striking the period ‘‘(r) PRIVACY PROTECTIONS.—A mortgagee ‘‘(iv) a narrative report of the intermedi- at the end and inserting ‘‘; and’’; and may not sell or disclose any personally iden- ation activity during the reporting period, (3) by adding at the end the following: tifiable information about a mortgagor including a general commentary on the lend- ‘‘(12) be secured by a dwelling that has under a home equity conversion mortgage ing environment, loan demand, any changes been properly appraised by a person that— for marketing purposes unless such disclo- in lending standards and terms, and any ‘‘(A) the Secretary determines is qualified sure is at the request of the mortgagor. other intermediation activity; and to perform such appraisals; ‘‘(s) COMPLIANCE SYSTEM.—Each mortgagee ‘‘(B) for those financial institutions receiv- ‘‘(B) has verified the purchase price of the shall create and maintain a system to ensure ing less than $1,000,000,000 from the Capital dwelling to ensure that the appraised value compliance with this section that includes— Purchase Program established by the Sec- of the property is not inflated; and ‘‘(1) written procedures; and retary (or any successor thereto), a lending ‘‘(C) has obtained any documentation nec- ‘‘(2) a periodic review of records to detect and intermediation snapshot, as of a date to essary to support an appraised value that is and prevent violations of this section. be established by the Secretary, but not high in relation to those of comparable ‘‘(t) ADVERTISING.— more frequently than once every 90 days, in- dwellings.’’. ‘‘(1) IN GENERAL.—A mortgagee may not cluding the information described in clauses (d) INFORMATION SERVICES FOR MORTGA- advertise a home equity conversion mort- (i) through (iv) of subparagraph (A). GORS.—Section 255(f) of the National Housing gage in a manner that— ‘‘(3) CERTIFICATION REQUIRED.—The infor- Act (12 U.S.C. 1715z-20(f)) is amended— ‘‘(A) is false or misleading; mation submitted to the Secretary under (1) by redesignating paragraphs (1) through ‘‘(B) fails to present a fair balance between this subsection shall be signed by a duly au- (4) as subparagraphs (A) through (D), respec- the risks and benefits of a home equity con- thorized senior executive officer of the finan- tively, and adjusting the margins accord- version mortgage; or cial institution, including a statement certi- ingly; ‘‘(C) fails to reveal— fying the accuracy of all statements, rep- (2) by striking paragraph (5); ‘‘(i) facts that are material to a representa- resentations, and supporting information (3) in the matter preceding subparagraph tion made in such advertisement; or provided, and such certifications shall be in- (A), as redesignated by this subsection, by ‘‘(ii) the consequences of obtaining a home cluded in the reports submitted by the Sec- striking ‘‘The Secretary’’ and all that fol- equity conversion mortgage. retary under subsection (a)(4).’’. lows through ‘‘which shall include—’’ and in- ‘‘(2) REQUEST TO WITHDRAW OR REVISE AD- serting the following: VERTISEMENT.—The Secretary or the Com- SA 1010. Mrs. MCCASKILL submitted ‘‘(1) IN GENERAL.—The Secretary shall pro- missioner of the Federal Trade Commission an amendment to be proposed by her to vide or cause to be provided to entities other may request that a mortgagee withdraw or the bill S. 386, to improve enforcement than the lender the information required modify an advertisement that does not meet of mortgage fraud, securities fraud, fi- under subsection (d)(2)(B). Such information the requirements established under para- nancial institution fraud, and other shall be discussed with the mortgagor and graph (1).’’. shall include—’’; SEC. 24. CRIMINAL PENALTIES. frauds related to federal assistance and (4) in the matter following subparagraph relief programs, for the recovery of (a) DEPARTMENT OF HOUSING AND URBAN (D), as redesignated, by striking ‘‘The Sec- DEVELOPMENT TRANSACTIONS.—Section 1012 funds lost to these frauds, and for other retary shall’’ and inserting the following: of title 18, United States Code, is amended by purposes; which was ordered to lie on ‘‘(4) ALTERNATIVE APPROACHES.—The Sec- striking ‘‘one year’’ and inserting ‘‘2 years’’. the table; as follows: retary shall’’; (b) EQUITY SKIMMING.—Section 912 of the At the end of the bill, add the following: (5) in subparagraph (D), as redesignated by Housing and Urban Development Act of 1970 this subsection, by striking ‘‘and’’ at the (12 U.S.C. 1709-2) is amended— TITLE II—HECM FRAUD PREVENTION AND end; and (1) in paragraph (1), by striking ‘‘a mort- ENFORCEMENT ACT (6) by inserting after subparagraph (D), as gage or deed of trust insured or held by the SEC. 21. SHORT TITLE. redesignated by this subsection, the fol- Secretary’’ and inserting ‘‘a home equity This title may be cited as the ‘‘Home Eq- lowing: conversion mortgage, a mortgage, or deed of uity Conversion Mortgage Fraud Prevention ‘‘(E) information about how to report trust insured or held by the Secretary’’; and and Enforcement Act of 2009’’. mortgage-related fraud or consumer abuses, (2) in the matter following paragraph (3), SEC. 22. PURPOSE. including information about how to contact by adding at the end the following: ‘‘Not- The purpose of this title is to provide addi- the Office of the Inspector General of the De- withstanding any other provision of law, and tional fraud prevention, detection, and en- partment of Housing and Urban Develop- for purposes of any violation of this section forcement provisions with respect to feder- ment; relating to a home equity conversion mort- ally-insured home equity conversion mort- ‘‘(F) in the case of a home equity conver- gage, the statute of limitations for the com- gages. sion mortgage in which a person was re- mencement of a criminal action under this

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section shall not begin and shall be consid- (b) PROTECTING THE RIGHT OF INDIVIDUALS (7) Congress needs to weigh in on the new ered tolled until the fraud constituting the TO BEAR ARMS IN UNITS OF THE NATIONAL regulations to ensure that unelected bureau- action is discovered.’’. PARK SYSTEM AND THE NATIONAL WILDLIFE crats cannot again override the Second REFUGE SYSTEM.—The Secretary of the Inte- Amendment rights of law-abiding citizens on SA 1011. Mr. COBURN submitted an rior shall not promulgate or enforce any reg- 83,600,000 acres of National Park System land amendment intended to be proposed to ulation that prohibits an individual from and 90,790,000 acres of land under the juris- amendment SA 990 proposed by Mr. possessing a firearm including an assembled diction of the United States Fish and Wild- KOHL to the bill S. 386, to improve en- or functional firearm in any unit of the Na- life Service. forcement of mortgage fraud, securi- tional Park System or the National Wildlife (8) The Federal laws should make it clear ties fraud, financial institution fraud, Refuge System if— that the second amendment rights of an indi- (1) the individual is not otherwise prohib- and other frauds related to federal as- vidual at a unit of the National Park System ited by law from possessing the firearm; and or the National Wildlife Refuge System sistance and relief programs, for the re- (2) the possession of the firearm is in com- should not be infringed. covery of funds lost to these frauds, pliance with the law of the State in which (b) PROTECTING THE RIGHT OF INDIVIDUALS and for other purposes; which was or- the unit of the National Park System or the TO BEAR ARMS IN UNITS OF THE NATIONAL dered to lie on the table; as follows: National Wildlife Refuge System is located. PARK SYSTEM AND THE NATIONAL WILDLIFE At the appropriate place, insert the fol- REFUGE SYSTEM.—The Secretary of the Inte- lowing: SA 1012. Mr. COBURN submitted an rior shall not promulgate or enforce any reg- SEC. ll. PROTECTING AMERICANS FROM VIO- amendment intended to be proposed to ulation that prohibits an individual from LENT CRIME. amendment SA 990 proposed by Mr. possessing a firearm including an assembled (a) CONGRESSIONAL FINDINGS.—Congress KOHL to the bill S. 386, to improve en- or functional firearm in any unit of the Na- finds the following: forcement of mortgage fraud, securi- tional Park System or the National Wildlife (1) The Second Amendment to the Con- ties fraud, financial institution fraud, Refuge System if— stitution provides that ‘‘the right of the peo- and other frauds related to federal as- (1) the individual is not otherwise prohib- ple to keep and bear Arms, shall not be in- ited by law from possessing the firearm; and fringed’’. sistance and relief programs, for the re- (2) the possession of the firearm is in com- (2) Section 2.4(a)(1) of title 36, Code of Fed- covery of funds lost to these frauds, pliance with the law of the State in which eral Regulations (as in effect before January and for other purposes; which was or- the unit of the National Park System or the 9, 2009), provided that ‘‘except as otherwise dered to lie on the table; as follows: National Wildlife Refuge System is located. provided in this section and parts 7 (special Strike all after line 1, and insert the fol- regulations) and 13 (Alaska regulations), the lowing: SA 1013. Mr. SCHUMER (for himself, following are prohibited: (i) Possessing a SEC. ll. PROTECTING AMERICANS FROM VIO- Mr. KENNEDY) submitted an amend- weapon, trap or net (ii) Carrying a weapon, LENT CRIME. ment intended to be proposed by him trap or net (iii) Using a weapon, trap or net’’. (a) CONGRESSIONAL FINDINGS.—Congress to the bill S. 386, to improve enforce- (3) Section 27.42 of title 50, Code of Federal finds the following: Regulations (as in effect before January 9, (1) The Second Amendment to the Con- ment of mortgage fraud, securities 2009), provided that, except in special cir- stitution provides that ‘‘the right of the peo- fraud, financial institution fraud, and cumstances, citizens of the United States ple to keep and bear Arms, shall not be in- other frauds related to federal assist- may not ‘‘possess, use, or transport firearms fringed’’. ance and relief programs, for the recov- on national wildlife refuges’’ of the United (2) Section 2.4(a)(1) of title 36, Code of Fed- ery of funds lost to these frauds, and States Fish and Wildlife Service. eral Regulations (as in effect before January for other purposes; which was ordered (4) The regulations described in paragraphs 9, 2009), provided that ‘‘except as otherwise to lie on the table; as follows: (2) and (3) (as in effect before January 9, 2009) provided in this section and parts 7 (special At the appropriate place, add the fol- prevented individuals complying with Fed- regulations) and 13 (Alaska regulations), the lowing: eral and State laws from exercising the sec- following are prohibited: (i) Possessing a ond amendment rights of the individuals weapon, trap or net (ii) Carrying a weapon, SEC. ll. DECLARATION OF ENGLISH AS LAN- while at units of— trap or net (iii) Using a weapon, trap or net’’. GUAGE. (A) the National Park System; and (3) Section 27.42 of title 50, Code of Federal (a) IN GENERAL.—English is the common (B) the National Wildlife Refuge System. Regulations (as in effect before January 9, language of the United States. (5) The existence of different laws relating 2009), provided that, except in special cir- (b) PRESERVING AND ENHANCING THE ROLE to the transportation and possession of fire- cumstances, citizens of the United States OF THE ENGLISH LANGUAGE.—The Govern- arms at different units of the National Park may not ‘‘possess, use, or transport firearms ment of the United States shall preserve and System and the National Wildlife Refuge on national wildlife refuges’’ of the United enhance the role of English as the language System entrapped law-abiding gun owners States Fish and Wildlife Service. of the United States. Nothing in this Act while at units of the National Park System (4) The regulations described in paragraphs shall diminish or expand any existing rights and the National Wildlife Refuge System. (2) and (3) (as in effect before January 9, 2009) under the laws of the United States relative (6) Although the Bush administration prevented individuals complying with Fed- to services or materials provided by the Gov- issued new regulations relating to the Sec- eral and State laws from exercising the sec- ernment of the United States in any lan- ond Amendment rights of law-abiding citi- ond amendment rights of the individuals guage other than English. zens in units of the National Park System while at units of— (c) DEFINITION.—For purposes of this sec- and National Wildlife Refuge System that (A) the National Park System; and tion, the term ‘‘laws of the United States’’ went into effect on January 9, 2009— (B) the National Wildlife Refuge System. includes the Constitution of the United (A) on March 19, 2009, the United States (5) The existence of different laws relating States, any provision of Federal statute, any District Court for the District of Columbia to the transportation and possession of fire- rule or regulation issued under such statute, granted a preliminary injunction with re- arms at different units of the National Park any judicial decisions interpreting such stat- spect to the implementation and enforce- System and the National Wildlife Refuge ute, or any Executive Order of the President. ment of the new regulations; and System entrapped law-abiding gun owners (B) the new regulations— while at units of the National Park System f (i) are under review by the administration; and the National Wildlife Refuge System. and (6) Although the Bush administration NOTICE OF HEARING (ii) may be altered. issued new regulations relating to the Sec- COMMITTEE ON INDIAN AFFAIRS (7) Congress needs to weigh in on the new ond Amendment rights of law-abiding citi- regulations to ensure that unelected bureau- zens in units of the National Park System Mr. DORGAN. Mr. President, I would crats cannot again override the Second and National Wildlife Refuge System that like to announce that the Committee Amendment rights of law-abiding citizens on went into effect on January 9, 2009— on Indian Affairs will meet on Thurs- 83,600,000 acres of National Park System land (A) on March 19, 2009, the United States day, April 23, 2009, at 2:15 p.m. in room and 90,790,000 acres of land under the juris- District Court for the District of Columbia 628 of the Dirksen Senate office build- diction of the United States Fish and Wild- granted a preliminary injunction with re- ing to conduct a hearing on the nomi- life Service. spect to the implementation and enforce- nation of Yvette D. Roubideaux to be (8) The Federal laws should make it clear ment of the new regulations; and that the second amendment rights of an indi- (B) the new regulations— Director of the Indian Health Service. vidual at a unit of the National Park System (i) are under review by the administration; Those wishing additional information or the National Wildlife Refuge System and may contact the Indian Affairs Com- should not be infringed. (ii) may be altered. mittee at 202–224–2251.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10607 AUTHORITY FOR COMMITTEES TO ernmental Affairs be authorized to DESIGNATING APRIL 23, 2009, AS MEET meet during the session of the Senate ‘‘NATIONAL ADOPT A LIBRARY COMMITTEE ON BANKING, HOUSING, AND URBAN on Thursday, April 23, 2009, at 9 a.m. to DAY’’ AFFAIRS conduct a hearing entitled ‘‘Follow the Mr. DURBIN. I ask unanimous con- Mr. LEAHY. Mr. President, I ask Money: State and Local Oversight of sent the Senate proceed to the imme- unanimous consent that the Com- Stimulus Funding.’’ diate consideration of S. Res. 113, sub- mittee on Banking, Housing, and The PRESIDING OFFICER. Without mitted earlier today. Urban Affairs be authorized to meet objection, it is so ordered. The PRESIDING OFFICER. The during the session of the Senate on COMMITTEE ON INDIAN AFFAIRS clerk will report the resolution by April 23, 2009, at 10:30 a.m. Mr. LEAHY. Mr. President, I ask title. The PRESIDING OFFICER. Without unanimous consent that the Com- The legislative clerk read as follows: objection, it is so ordered. mittee on Indian Affairs be authorized A resolution (S. Res. 113) designating April 23, 2009, as ‘‘National Adopt A Library Day.’’ COMMITTEE ON COMMERCE, SCIENCE, AND to meet during the session of the Sen- TRANSPORTATION ate on Thursday, April 23, 2009, at 2:15 There being no objection, the Senate Mr. LEAHY. Mr. President, I ask p.m. in room 628 of the Dirksen Senate proceeded to consider the resolution. unanimous consent that the Com- office building. Mr. DURBIN. I ask unanimous con- mittee on Commerce, Science, and The PRESIDING OFFICER. Without sent the resolution be agreed to, the preamble be agreed to, the motions to Transportation be authorized to meet objection, it is so ordered. reconsider be laid upon the table, with during the session of the Senate on COMMITTEE ON THE JUDICIARY no intervening action or debate, and Thursday, April 23, 2009, in room S–216, Mr. LEAHY. Mr. President, I ask any statements be printed in the at 12 p.m. unanimous consent that the Senate RECORD. The PRESIDING OFFICER. Without Committee on the Judiciary be author- The PRESIDING OFFICER. Without objection, it is so ordered. ized to meet during the session of the objection, it is so ordered. COMMITTEE ON ENERGY AND NATURAL Senate, to conduct an executive busi- The resolution (S. Res. 113) was RESOURCES ness meeting on Thursday, April 23, agreed to. Mr. LEAHY. Mr. President, I ask 2009, at 10 a.m. in room SD–226 of the The preamble was agreed to. unanimous consent that the Com- Dirksen Senate office building. The resolution, with its preamble, mittee on Energy and Natural Re- The PRESIDING OFFICER. Without reads as follows: sources be authorized to meet during objection, it is so ordered. S. RES. 113 the session of the Senate to conduct a SELECT COMMITTEE ON INTELLIGENCE Whereas libraries are an essential part of hearing on Thursday, April 23, at 2 Mr. LEAHY. Mr. President, I ask the communities and the national system of p.m., in room SD–366 of the Dirksen unanimous consent that the Select education in the United States; Senate office building. Committee on Intelligence be author- Whereas the people of the United States The PRESIDING OFFICER. Without ized to meet during the session of the benefit significantly from libraries that objection, it is so ordered. serve as an open place for people of all ages Senate on April 23, 2009, at 2 p.m. and backgrounds to make use of books and COMMITTEE ON ENVIRONMENT AND PUBLIC The PRESIDING OFFICER. Without other resources that offer pathways to learn- WORKS objection, it is so ordered. ing, self-discovery, and the pursuit of knowl- Mr. LEAHY. Mr. President, I ask JOINT COMMITTEE ON THE LIBRARY edge; unanimous consent that the Com- Mr. LEAHY. Mr. President, I ask Whereas the libraries of the United States mittee on Environment and Public unanimous consent that the Joint depend on the generous donations and sup- Works be authorized to meet during port of individuals and groups to ensure that Committee on the Library be author- people who are unable to purchase books the session of the Senate on Thursday, ized to meet during the session of the April 23, 2009 at 10:30 a.m. in room 406 still have access to a wide variety of re- Senate on Thursday, April 23, 2009, at sources; of the Dirksen Senate office building. 11:30 a.m. Whereas certain nonprofit organizations The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without facilitate donations of books to schools and objection, it is so ordered. objection, it is so ordered. libraries across the country to extend the COMMITTEE ON FINANCE joys of reading to millions of people in the JOINT COMMITTEE ON PRINTING Mr. LEAHY. Mr. President, I ask United States and to prevent used books Mr. LEAHY. Mr. President, I ask from being thrown away; and unanimous consent that the Com- unanimous consent that the Joint mittee on Finance be authorized to Whereas several States and Common- Committee on Printing be authorized wealths that recognize the importance of li- meet during the session of the Senate to meet during the session of the Sen- braries and reading have adopted resolutions on Thursday, April 23, 2009, at 10 a.m., ate on Thursday, April 23, 2009, at 11:45 commemorating April 23 as ‘‘Adopt A Li- in room 215 of the Dirksen Senate of- a.m. brary Day’’: Now, therefore, be it fice building, to conduct a hearing en- The PRESIDING OFFICER. Without Resolved, That the Senate— (1) designates April 23, 2009, as ‘‘National titled ‘‘Technology Neutrality in En- objection, it is so ordered. ergy Tax: Issues and Options.’’ Adopt A Library Day’’; The PRESIDING OFFICER. Without f (2) honors organizations that help facili- NOTICE: REGISTRATION OF MASS tate donations to schools and libraries; objection, it is so ordered. (3) urges all people in the United States COMMITTEE ON FOREIGN RELATIONS MAILINGS who own unused books to donate those books Mr. LEAHY. Mr. President, I ask The filing date for 2009 first quarter to local libraries; unanimous consent that the Com- Mass Mailings is Monday, April 27, (4) strongly supports children and families mittee on Foreign Relations be author- 2009. If your office did no mass mailings who take advantage of the resources pro- ized to meet during the session of the during this period, please submit a vided by schools and libraries; and Senate on Thursday, April 23, 2009, at (5) encourages the people of the United form that states ‘‘none.’’ States to observe the day with appropriate 10:15 a.m., to hold a hearing entitled Mass mailing registrations, or nega- ceremonies and activities. ‘‘Voice of Veterans from the Afghan tive reports, should be submitted to f War.’’ the Senate Office of Public Records, 232 The PRESIDING OFFICER. Without Hart Building, Washington, D.C. 20510– AUTHORIZING THE USE OF objection, it is so ordered. 7116. EMANCIPATION HALL COMMITTEE ON HOMELAND SECURITY AND The Public Records office will be Mr. DURBIN. Mr. President, I ask GOVERNMENTAL AFFAIRS open from 9:00 a.m. to 6:00 p.m. on the unanimous consent the Senate proceed Mr. LEAHY. Mr. President, I ask filing date to accept these filings. For to the immediate consideration of H. unanimous consent that the Com- further information, please contact the Con. Res. 86, which was received from mittee on Homeland Security and Gov- Public Records office at (202) 224–0322. the House.

VerDate Mar 15 2010 13:38 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\BR09\S23AP9.003 S23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10608 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 23, 2009 The PRESIDING OFFICER. The The PRESIDING OFFICER. The To be general clerk will report the resolution by Chair announces, on behalf of the Re- LT. GEN. DOUGLAS M. FRASER title. publican Leader, pursuant to P.L. 110– THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- The legislative clerk read as follows: 229, the appointment of the following CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE A concurrent resolution (H. Con. Res. 86) to be members of the Commission to AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION authorizing the use of Emancipation Hall in Study the Potential Creation of a Na- 601: the Capitol Visitor Center for the unveiling tional Museum of the American To be lieutenant general of a bust of Sojourner Truth. Latino: Dr. Eduardo Padron of Florida, MAJ. GEN. LARRY O. SPENCER There being no objection, the Senate Sean D. Reyes of Utah, and Ellie THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- proceeded to consider the concurrent Lopez-Bowlan of Nevada. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE resolution. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Mr. DURBIN. I ask unanimous con- f 601: sent that the resolution be agreed to, ORDERS FOR FRIDAY, APRIL 24, To be lieutenant general and the motion to reconsider be laid 2009 MAJ. GEN. MARC E. ROGERS upon the table, with no intervening ac- Mr. DURBIN. I ask unanimous con- IN THE MARINE CORPS tion or debate. sent that when the Senate completes THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT The PRESIDING OFFICER. Without IN THE UNITED STATES MARINE CORPS TO THE GRADE its business today, it adjourn until 11 INDICATED UNDER TITLE 10, U.S.C., SECTION 624: objection, it is so ordered. a.m. tomorrow, Friday, April 24; that The concurrent resolution (H. Con. To be brigadier general following the prayer and pledge, the Res. 86) was agreed to. COLONEL JOHN J. BROADMEADOW Journal of proceedings be approved to COLONEL JOHN W. BULLARD, JR. f COLONEL STEVEN W. BUSBY date, the morning hour be deemed ex- COLONEL HERMAN S. CLARDY III PROVIDING FOR ACCEPTANCE OF pired, the time for the two leaders be COLONEL LEWIS A. CRAPAROTTA COLONEL ROBERT F. HEDELUND RONALD REAGAN STATUE reserved for their use later in the day, COLONEL FREDERICK M. PADILLA Mr. DURBIN. I ask unanimous con- and the Senate proceed to a period of COLONEL MICHAEL A. ROCCO morning business with Senators per- COLONEL RICHARD L. SIMCOCK II sent the Senate proceed to the imme- COLONEL VINCENT R. STEWART mitted to speak for up to 10 minutes diate consideration of H. Con. Res 101, IN THE NAVY each. which was received from the House. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. The The PRESIDING OFFICER. Without IN THE UNITED STATES NAVY TO THE GRADE INDICATED clerk will report the concurrent resolu- objection, it is so ordered. UNDER TITLE 10, U.S.C., SECTION 624: tion by title. f To be rear admiral (lower half) The legislative clerk read as follows: CAPT. ELEANOR V. VALENTIN PROGRAM A concurrent resolution (H. Con. Res 101) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED providing for the acceptance of a statue of Mr. DURBIN. The next vote will UNDER TITLE 10, U.S.C., SECTION 624: Ronald Wilson Reagan from the people of occur at approximately 5:30 p.m. on To be rear admiral (lower half) California for placement in the United Monday. That vote will be on the mo- States Capitol. tion to invoke cloture on S. 386, the CAPT. MARK L. TIDD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT There being no objection, the Senate Fraud Enforcement and Recovery Act. IN THE UNITED STATES NAVY TO THE GRADE INDICATED proceeded to consider the concurrent UNDER TITLE 10, U.S.C., SECTION 624: f resolution. To be rear admiral (lower half) Mr. DURBIN. I ask unanimous con- ADJOURNMENT UNTIL 11 A.M. CAPT. KURT L. KUNKEL sent that the concurrent resolution be TOMORROW CAPT. JONATHAN A. YUEN agreed to, and the motion to reconsider THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Mr. DURBIN. If there is no further IN THE UNITED STATES NAVY TO THE GRADE INDICATED be laid upon the table, with no inter- business to come before the Senate, I UNDER TITLE 10, U.S.C., SECTION 624: vening action or debate. ask unanimous consent that it stand To be rear admiral (lower half) The PRESIDING OFFICER. Without adjourned under the previous order. CAPT. KATHERINE L. GREGORY objection, it is so ordered. There being no objection, the Senate, CAPT. KEVIN R. SLATES The concurrent resolution (H. Con. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT at 10 p.m., adjourned until Friday, IN THE UNITED STATES NAVY TO THE GRADE INDICATED Res. 101) was agreed to. April 24, 2009, at 11 a.m. UNDER TITLE 10, U.S.C., SECTION 624: f To be rear admiral (lower half) f APPOINTMENT CAPT. CLINTON F. FAISON III NOMINATIONS The PRESIDING OFFICER. The IN THE ARMY Chair announces, on behalf of the Re- Executive nominations received by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Senate: TO THE GRADE INDICATED IN THE UNITED STATES ARMY publican leader, pursuant to the provi- JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, sions of S. Res. 105, adopted April 13, DEPARTMENT OF TRANSPORTATION U.S.C., SECTIONS 624 AND 3064: 1989 as amended by S. Res. 149, adopted VICTOR M. MENDEZ, OF ARIZONA, TO BE ADMINIS- To be lieutenant colonel October 5, 1993, as amended by Public TRATOR OF THE FEDERAL HIGHWAY ADMINISTRATION, VICE THOMAS J. MADISON, RESIGNED. CHARLES T. KIRCHMAIER Law 105–275, adopted October 21, 1998, ENVIRONMENTAL PROTECTION AGENCY further amended by S. Res. 75, adopted f STEPHEN ALAN OWENS, OF ARIZONA, TO BE ASSISTANT March 25, 1999, amended by S. Res. 383, ADMINISTRATOR FOR TOXIC SUBSTANCES OF THE ENVI- adopted October 27, 2000, and amended RONMENTAL PROTECTION AGENCY, VICE JAMES B. CONFIRMATION by S. Res. 355, adopted November 13, GULLIFORD, RESIGNED. 2002, and further amended by S. Res. DEPARTMENT OF AGRICULTURE Executive nomination confirmed by 480, adopted November 21, 2004, the ap- RAJIV J. SHAH, OF WASHINGTON, TO BE UNDER SEC- the Senate, April 23, 2009: RETARY OF AGRICULTURE FOR RESEARCH, EDUCATION, pointment of the following Senators as AND ECONOMICS, VICE GALE A. BUCHANAN, RESIGNED. DEPARTMENT OF DEFENSE members of the Senate National Secu- IN THE AIR FORCE ASHTON B. CARTER, OF MASSACHUSETTS, TO BE rity Working Group for the 111th Con- UNDER SECRETARY OF DEFENSE FOR ACQUISITION, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TECHNOLOGY, AND LOGISTICS. gress: the Senator from Arizona, Mr. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE ABOVE NOMINATION WAS APPROVED SUBJECT TO MCCAIN, and the Senator from Idaho, CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE NOMINEE’S COMMITMENT TO RESPOND TO RE- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Mr. RISCH. 601: CONSTITUTED COMMITTEE OF THE SENATE.

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HONORING THE STRATFORD FIRE support to the funding of projects in the areas break down, any toxic additives they contain— DEPARTMENT AS THEY CELE- of fire and burn prevention through education, including flame retardants, antimicrobials, and BRATE THEIR CENTENNIAL AN- research, and public awareness programs. plasticizers—may be released into the ocean NIVERSARY We owe a great debt of gratitude to the men environment. Not only are the components of and women who dedicate themselves to the the plastics themselves entering the food HON. ROSA L. DeLAURO protection of our communities as firefighters. chain, but so are toxic chemicals that attach to OF CONNECTICUT They face risks that few of us can truly com- the plastic particles because of plastic’s mo- IN THE HOUSE OF REPRESENTATIVES prehend. Each day, they must be ready to lecular tendency to attract oils. Thursday, April 23, 2009 perform under intense pressure—literally in life Many of these chemicals may disrupt the or death situations. For one hundred years, endocrine system—the delicately balanced set Ms. DELAURO. Madam Speaker, it is with the men and women of the Stratford Fire De- of hormones and glands that affect virtually great pleasure that I rise today to join the partment have ensured the health and safety every organ and cell. In marine environments, community of Stratford, Connecticut in mark- of the Stratford community and I am proud to excess estrogen has led to discoveries of ing the 100th Anniversary of the Stratford Fire rise today to pay tribute not only to their rich male fish and seagulls with female sex or- Department. This is a remarkable milestone history but to their outstanding and unwaver- gans. and a testament to the dedication and commit- ing commitment to public service. The Plastic Bag Reduction Act encourages ment of those men and women who devote f consumers to choose reusable bags by impos- their professional lives to protecting the Strat- ing a 5 cent tax on single-use carryout bags ford community. THE PLASTIC BAG REDUCTION beginning January 1, 2010. On January 1, One hundred years ago the town’s paid fire- ACT OF 2009 2015, the amount of the tax increases to 25 fighting force was established with the hiring cents per bag. The tax applies to paper as of the first paid fire chief and then volunteer, HON. JAMES P. MORAN well as to plastic single-use carryout bags. Of Allen Judson as well as the merging of two OF VIRGINIA each 5 cents charged to the customer, the re- volunteer units, the Mutual Hook and Ladder IN THE HOUSE OF REPRESENTATIVES tail seller may apply for a tax credit of one Company and the Chemical Hose Company. Thursday, April 23, 2009 cent for carrying out a qualified carryout bag In its earliest years, Chief Judson was the sole recycling program. Of each 5 cents charged to paid employee of the Department and he Mr. MORAN of Virginia. Madam Speaker, the customer, one cent will be transferred to would lead the Department for the next forty- today I am introducing the ‘‘Plastic Bag Re- the Land and Water Conservation Fund. Fi- three years. Volunteers were called to emer- duction Act,’’ legislation that will protect our nally, the bill directs the Comptroller General gencies by the ringing of the church bells with watersheds, and ultimately the marine environ- to conduct a study of the effectiveness of the Chief Judson coordinating the ‘‘bucket bri- ment, by reducing a major source of coastal provisions of the legislation and evaluate gades,’’ the hand-drawn hook and ladder ap- and marine debris, single-use packaging. whether imposing a tax on other products, paratus, as well as the manually operated Trash in our watersheds interferes with pub- such as food wrappers and containers, could water pump. By day the men who worked in lic use and enjoyment of natural resources, reduce the use of those products. Stratford Center responded and by night those can be hazardous to wildlife, and can break I am also co-sponsoring Congressman MAR- who lived within a thousand feet of the Center down into tiny ‘‘microplastics’’ that enter the KEY’s ‘‘Bottle Recycling Climate Protection Act responded while horses drew the fire appa- food chain, carrying toxins with them. Trash is of 2009.’’ This legislation will impose a 5 cent ratus. Nine years after its establishment, the a serious problem in the Potomac and Ana- deposit on beverage containers, which will re- second paid member of the Department, As- costia River watersheds, where every year duce the number of bottles and cans that end sistant Chief William Anthony, was hired and cleanup efforts retrieve tons of plastic bags up as trash in oceans and inland watersheds. by the 1930s there were more than half a and beverage containers. Madam Speaker, human health is directly dozen paid members. Much of the trash that reaches major water- linked to the health of our watersheds and Many changes have occurred since those sheds does not stay in the watersheds—it is oceans. Each of us needs to take responsi- early days of the Department—its responsibil- washed out to sea and becomes marine de- bility for protecting these essential resources. ities expanding dramatically and the job be- bris. Scientists are becoming alarmed about We can do so through the simple step of tak- coming more complex and dangerous. To- massive ‘‘garbage patches’’ that are building ing reusable bags with us when we shop. The day’s 97-member Department staff four sta- up in nearly all of the world’s oceans. The Trash Free Watersheds Act creates a tax that tions throughout Town and respond to fires, best-known patch consists of an estimated I hope no American will choose to pay. Haz-mat calls, vehicle extrications, medical 100 million tons of plastic debris that has ac- f calls, as well as plane incidents. Department cumulated inside a circular vortex of currents members also participate in a variety of com- known as the North Pacific gyre. It is esti- PERSONAL EXPLANATION munity activities aimed at fire safety and pre- mated to be anywhere from 270,000 square vention as well as annual celebrations such as miles to almost 580,000 square miles—be- HON. LEONARD L. BOSWELL the Memorial Day Parade. The Department tween six and thirteen times the size of the OF IOWA does all of this in a Town which today has Commonwealth of Virginia. Eighty per cent of IN THE HOUSE OF REPRESENTATIVES 50,000 residents, is bordered by eighteen the plastic in these ocean gyres is believed to miles of shoreline, is intersected by Interstate come from the land. Thursday, April 23, 2009 95, the Merritt Parkway, and the Metro-North The debris that chokes our inland water- Mr. BOSWELL. Madam Speaker, I regret railroad, and has an airport within its borders. sheds, our coastlines, and the marine environ- my absence from the House on April 21st and What makes this centennial celebration ment sickens and kills thousands of animals April 22nd, but I was in my district welcoming even more special is that the proceeds from every year. Over 267 species worldwide have President Obama to Newton, Iowa, former the parade and festival will benefit the Strat- been impacted by plastic bags and other litter home of Maytag, and now home to a growing ford Professional Firefighters Burn Founda- through entanglement or ingestion. Scientists wind power industry, where we celebrated tion—a non-profit organization founded in are also realizing that the increasing volume of Earth Day and focused on alternative energy 1999 by the members of the Stratford Fire De- plastic that is slowly decomposing in the development and the green collar jobs this will partment, Local 998 of the International Asso- world’s oceans may present a longterm prob- create. Had I been present, I would have ciation of Firefighters to provide economic lem for marine food chains. As plastic items voted ‘‘aye’’ on rollcall votes 193, 194, 195,

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

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He was an innovative water Chief’s representative in his absence. OF ILLINOIS user, one of the first to employ lasers when On January 3, 2009, Lieutenant Costa re- IN THE HOUSE OF REPRESENTATIVES leveling fields allowing water to flow evenly tired after over three decades of exemplary Thursday, April 23, 2009 and efficiently. His careful water management service as a member of the U.S. Capitol Po- also included hiring agronomists to determine lice Department. He is currently residing in La Mr. ROSKAM. Madam Speaker, I rise today when and how to irrigate. This allowed the Plata, Maryland with his wife Barbara of 28 to recognize the Village of Itasca in my Con- Boswell farms to produce more cotton with years and daughter Danielle. His unwavering gressional District. Through a dedicated com- less water than their competitors. James re- commitment to the public serves as an inspira- munity-wide effort, Itasca has earned the des- mained a very private man, in spite of periods tion to all Americans. ignation of an International Safe Community of growth and success for his enterprises, from the World Health Organization. which included such things as diversification Madam Speaker, I rise to once again praise This impressive effort places Itasca at the into real estate development and farming ven- Lieutenant Dominick Costa for his outstanding forefront of public health and safety efforts as tures in Australia. His family business main- public service to the Congress and to his the only Illinois community, and one of only tained that private reputation throughout his country. I ask my colleagues to join me in five communities across the nation to receive life. wishing Lieutenant Costa well in his retirement this prestigious designation. James Griffin Boswell served as Chairman, and thank him for all his years of service. By developing community programs includ- President and CEO of the JG Boswell Co. ing self defense classes, home safety inspec- from 1952 and continued until his retirement in f tions, an unused prescription drug disposal 1984. After his retirement James continued to program, investing in defibrillator equipment serve on the Boswell Company Board of Di- HONORING ST. PAUL INDUSTRIAL and training, and establishing a Community rectors until his passing. In addition, Mr. Bos- TRAINING SCHOOL AND MR. Emergency Response Team; the Village of well served on the Boards of Safeway, Gen- JAMES WILLIAM SMOTHERS AND Itasca has worked to engage its citizens, first eral Electric, Security Pacific Bank, Bank of MRS. ALICE OLENZA SMOTHERS responders, and local leaders in making Itasca America, and Up with People. James was a a healthier, safer place to live and work. trustee of the California Nature Conservancy, Madam Speaker and Distinguished Col- Cal Tech, Thacher School, the James G. Bos- HON. EDDIE BERNICE JOHNSON leagues, please join me in recognizing the Vil- well Foundation in California and the Boswell OF TEXAS lage of Itasca for achieving this challenging Family Foundation in Idaho. Many were the IN THE HOUSE OF REPRESENTATIVES goal and setting an outstanding example for recipients of Mr. Boswell’s generosity. all Illinois communities to work together to It goes without saying that Mr. James Griffin Thursday, April 23, 2009 tackle public health and safety challenges. Boswell’s dedicated involvement to the cotton f industry earned him a reputation of respect Ms. EDDIE BERNICE JOHNSON of Texas. and enormous appreciation from Central Val- Madam Speaker, I rise today to recognize St. A TRIBUTE TO THE LIFE OF ley cotton farmers, and the agriculture industry Paul Industrial Training School and the dedi- JAMES GRIFFIN BOSWELL II in general. James was known as the Cotton cation of a Texas State Historical Marker in King. My colleagues and I are honored and commemoration of this institute. HON. JIM COSTA humbled to join his family today in celebrating St. Paul Industrial Training school was OF CALIFORNIA the life of this amazing man. His presence will founded in Henderson County, Texas by IN THE HOUSE OF REPRESENTATIVES be dearly missed in our community in the James William Smothers and Alice Olenza Thursday, April 23, 2009 years to come. Smothers in the 1920’s. This couple placed a f particular emphasis on educating orphaned Mr. COSTA. Madam Speaker, I rise today and abandoned children, and throughout the IN HONOR OF U.S. CAPITOL PO- along with my colleagues from the House, Mr. course of six decades, thousands of African LICE LIEUTENANT DOMINICK NUNES and Mr. RADANOVICH, and from the American students received instruction at their COSTA ON THE OCCASION OF HIS Senate, Mrs. FEINSTEIN to pay a special tribute institute. The Smothers’ dedication to service RETIREMENT to the life of an agricultural icon of California, was unwavering, and even when a tornado Mr. James Griffin Boswell II of Indian Wells, leveled the campus in 1942, the couple re- California. James passed away on April 3, HON. XAVIER BECERRA solved anew to continue their work. Today, St. 2009 at the age of 86. He is survived by his OF CALIFORNIA Paul Industrial Training School, Inc. continues wife Barbara Wallace Boswell, three children IN THE HOUSE OF REPRESENTATIVES the legacy of this couple and their school by and several grandchildren. Thursday, April 23, 2009 offering financial assistance to needy, college Mr. James Griffin Boswell was born on bound students. March 10, 1923 in Greensboro, Georgia to Mr. BECERRA. Madam Speaker, I rise William Whittier Boswell, Sr. and Kate Hall today to honor Lieutenant Dominick Costa for Institutions of this nature played an impor- Boswell. James graduated in 1941 from the his more than 31 years of public service to the tant role in our nation’s history, and the work Thacher School an exclusive private boarding U.S. Capitol Police Department and our con- of educators like the Smotherses was integral school in Ojai, California. In 1946 he received gressional community. in advancing the civil rights movement. They his B.S. in Economics from Stanford Univer- Since his appointment to the U.S. Capitol worked diligently to make sure that every child sity. Prior to graduating from Stanford, ‘‘JG’’ Police on October 3, 1977, Lieutenant Costa had the opportunity to learn and succeed, and as he was most commonly known, served in has held several important positions within the they felt that it was vital to ensure these the United States Army during World War II Department. He has served in the House and youths had the ability to make a lasting con- where he was stationed in the South Pacific. Senate Divisions, Capitol Division, and the tribution to society. At the age of twenty-nine, James inherited First Responder Unit. As an instructor and as The placement of this historical marker will one-third of the JG Boswell Company after the a supervisor in the Training Division, he take place on May 2, 2009, and I ask my fel- death of his uncle, JG Boswell I. At that time helped develop and enhance the skills of fel- low colleagues to join me in recognizing St. the company held 150,000 acres in California. low officers. Over the years, Lieutenant Costa Paul Industrial Training School and its found- During the next half century, James spent a also worked as a Crime Scene Research Offi- ers, Mr. J.W. Smothers and Mrs. Alice O. good portion of his time transforming the fam- cer, a member of the U.S. Capitol Police De- Smothers.

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10611 HONORING THE ROSELLE LIONS pendent, non-partisan center for policy re- coidosis. Basic research into the mechanism CLUB search and analysis and a platform for citizen that drives the autoimmune response is the participation and advocacy. Stephen designed fundamental knowledge needed to cure many HON. PETER J. ROSKAM and developed new projects in enterprise de- of these diseases. OF ILLINOIS velopment, trade diversification, foreign invest- This legislation will increase awareness of autoimmune diseases, increase research on IN THE HOUSE OF REPRESENTATIVES ment promotion, rural and agricultural finance and agricultural development. environmental triggers of autoimmune dis- Thursday, April 23, 2009 Stephen’s years of work reflected his desire eases, enhance education on the relationship Mr. ROSKAM. Madam Speaker, I rise today to improve living situations and stimulate eco- between autoimmune and mental illness, and to recognize the 75th anniversary of the Ro- nomic growth and self-sufficiency in devel- provide loan repayment for physician research selle Lions Club in my Congressional District. oping countries. Though he sought to create a on autoimmune disease. This support will help On April 26, 2009, the Roselle Lions will mark more perfect, peaceful world, Stephen’s life alleviate the suffering of millions of Americans, more than 75 years of dedicated community was lost at the hands of gunmen in Pakistan. who suffer every day with the symptoms of service. At the time of his assassination, he was work- these diseases, many times unable to fully Through the years, the Lions Club has been ing for Cooperative Housing Federation Inter- participate in their work and family life as a re- instrumental in aiding those with hearing and national. There he directed ‘‘Livelihoods sult. vision impairments by providing members of Project’’ in the FATA region, a program in- For these reasons, I urge you to give full the local community in need with hearing aids, tended to infuse $750 million in economic de- consideration of this bill as quickly s possible. glasses, and support groups. velopment into the area. f With local events like The Lions Carnival, Stephen was loved by many; his upbeat and ARMENIAN GENOCIDE National Night Out, and the Children’s Christ- optimistic attitude, as well as his zealous and mas Party, the Lions Club has raised funds for vivacious approach to dealing with situations these worthy causes and provided a fun and made him always a pleasure to be around. His HON. TIMOTHY J. WALZ safe environment for families to spend time to- humanitarian efforts gained him the respect OF MINNESOTA gether. The extent of the Roselle Lions’ dedi- and friendship of people all over the world; his IN THE HOUSE OF REPRESENTATIVES cation and generosity can be seen in the zest for life and creative nature made him a Thursday, April 23, 2009 countless library, school, and civic projects person who will not soon be forgotten. Mr. WALZ. I rise in sadness today and also they have supported financially, and with their The City of Santa Cruz and the rest of the in hope, as we commemorate the Armenian time and energy. world will miss Stephen’s vision and leader- genocide that happened in the second decade Madam Speaker and Distinguished Col- ship, but there is no doubt that he has left us of the twentieth century. leagues, the Roselle Lions Club has worked a better place than when he first arrived. There is nothing easier than to forget the tirelessly to make their local community a bet- Madam Speaker, on behalf of the United victims of history, and nothing more tragic, ter place to live, work and raise a family. They States of Congress, I would like to honor the and for those very reasons, there is nothing have brought compassion to those in need many accomplishments of Stephen Vance and more important than to remember them. And and been a tremendous asset to the citizens express sincere gratitude for his contributions that is what we are here for. of Roselle. locally and internationally. The genocide of the Armenian people is a Please join me in recognizing the impres- f fact of history. It is a sad fact of history. sive work of the Roselle Lions Club, and wish- PREVENTION, AWARENESS, AND But the very fact that we are here, together ing them every success in their next 75 years in the U.S. House of Representatives address- of fellowship and service. RESEARCH AUTOIMMUNE DIS- EASE (PARAID) ACT ing the issue is reason for hope. Armenians’ f determination to carry on, and in the United IN HONOR OF STEPHEN VANCE States’ historic support for them, and in our HON. PATRICK J. KENNEDY joined determination to make sure that we rec- OF RHODE ISLAND ognize the facts of history—there is great hu- HON. SAM FARR IN THE HOUSE OF REPRESENTATIVES manity and hope. OF CALIFORNIA Thursday, April 23, 2009 I remain committed to the public recognition IN THE HOUSE OF REPRESENTATIVES of the fact of the Armenian genocide. It is the Mr. KENNEDY. Madam Speaker, today, I only way to make sure we are forever vigilant Thursday, April 23, 2009 am introducing along with my colleague Rep- to prevent genocide in the future. Mr. FARR. Madam Speaker, I rise today to resentative CLIFF STEARNS, the Prevention, I have hope, that we can all move forward, honor the life of an invaluable member of the Awareness, and Research Autoimmune Dis- not in an exercise in collective guilt, but in the Santa Cruz community, and his humanitarian ease (PARAID) Act. simple recognition of what happened, that a efforts all over the world. After decades of I am introducing this legislation to address genocide was perpetrated upon the Armenian service and devotion to aiding developing the critical issue of autoimmune diseases in people, and that such a thing, quite simply, countries, Stephen Vance lost his life serving our population. The National Institutes of never should have happened and must never the people and countries for whom he always Health (NIH) estimates that between 14 and happen again. cared. 23.5 million Americans have an autoimmune After graduating from the University of Cali- disease and the prevalence is rising. Seventy- f fornia at Santa Cruz, Stephen became im- five percent of those afflicted are women with HONORING BOY SCOUT TROOP 457 mersed in work for the United States Agency most cases occurring during the childbearing OF MIAMI, FL for International Development (USAID). In his years. The chronic nature of these diseases role at USAID, Stephen spent more than twen- accounts for its incredible cost to the individual HON. ILEANA ROS-LEHTINEN ty years working the issues of developing and staggering drain on our nation’s OF FLORIDA countries. He held numerous Country Director healthcare resources. The National Institutes IN THE HOUSE OF REPRESENTATIVES and Chief of Party assignments with USAID of Health estimates that annual direct health contractors and directed the USAID Mission care costs for autoimmune disease are in the Thursday, April 23, 2009 experience. He served as the Senior Eco- range of $100 billion. Ms. ROS-LEHTINEN. Madam Speaker, I nomic Development Advisor for USAID in Autoimmune diseases encompass more would like to congratulate and commend Timor-Leste, where he managed USAID’s eco- than 100 interrelated diseases, such as lupus, Troop 457 of Boy Scouts of America in my nomic growth team. Earlier, he served two multiple sclerosis, rheumatoid arthritis, district of South Florida. On Saturday, April 25, years as the Executive Director of the Soros Sjogren’s syndrome, polymyositis, pemphigus, 2009, the troop will conduct their Court of Foundation in Mongolia. While there, he myasthenia gravis, Wegener’s granulomatosis, Honor, honoring 13 of their own with the most spearheaded the foundation’s transformation psoriasis, celiac disease, autoimmune platelet prestigious rank of Eagle Scout. from a grant-making organization with more disorders, scleroderma, alopecia areata, vit- Boy Scouts of America is a tremendous or- than 20 programs and 500 projects to an inde- iligo, autoimmune thyroid disease, and sar- ganization that my husband, Dexter, and I

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10612 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 23, 2009 have continuously supported. With Dexter Congress and the American people for their This is a great honor for Paul Tash, the Edi- being a Eagle Scout, and me previously serv- past and future service. tor, Chairman, and Chief Executive Officer of ing as a Girl Scout Troop Leader, we fully un- Monterey County, in Central California, is a The St. Petersburg Times and his team of derstand and appreciate all of the hard work region that has inspired artists since the late writers, editors, and support staff in this the and dedication invested into achieving the 1800s. Artists flocked to the area, which was newspaper’s 125th year. highest rank of Eagle Scout. then and still is a region of pristine beauty. Madam Speaker, following my remarks, I These 13 young men have distinguished They brought with them the tradition of plein will include for the benefit of my colleagues a themselves in the South Florida community as air painting, still in evidence today with artists story from the Times by Stephen Nohlgren leaders of tomorrow through their countless painting the land and seascapes of ‘‘the great- with more background on these awards and hours of service toward improving South Flor- est meeting of land and sea.’’ the six Pulitzer Prizes earned previously by St. ida. It is with great honor that I ask that the The Monterey Museum of Art was founded Petersburg Times reporters and editors. names of these 13 individuals be submitted in 1959 in Carmel as a Chapter of the Amer- The creation of PolitiFact will be of special into the CONGRESSIONAL RECORD. ican Federation of the Arts by a group of civic interest to our colleagues in the House. The William David Cochran, Kenneth Lewis minded individuals who sought to create an PolitiFact team, led by Bill Adair, included edi- Baer, James Phillip Baer, Joshua Rothenberg, arts space for that seminal arts colony. In ad- tors Scott Montgomery and Amy Hollyfield, re- Michael Thomas Dannelly, Leo Benjamin dition to celebrating pioneers of early Cali- porter and researcher Angie Drobnic Holan, Kaplowitz, Wade Morgan Judy, Timothy fornia art such as Armin Hansen, the museum reporters Robert Farley and Alexander Lane, Young Hunter, David Benjamin Shapiro, Alex- collects and exhibits contemporary photog- news technologist Matthew Waite and de- ander Pergakis, Jonathan A. Muench, Jona- raphy by such renowned artists as Ansel signer Martin Frobisher. than O. Lopez, Gabriel Cespedes. Adams, Edward Weston, and Imogen Together they searched through political f Cunningham, contemporary artists working lo- ads, speeches and debates and determined cally, in California and nationally. the accuracy of political statements by presi- OBSERVANCE OF THE ARMENIAN Now comprising two locations, after the be- dential candidates and candidates for other of- GENOCIDE quest of an historic adobe in the early 1980’s fices. The information is accessible and by Frank Work, the museum serves nearly searchable on the internet and is also pub- HON. MICHAEL E. CAPUANO 40,000 visitors annually from around the lished in the Times. PolitiFact became such a OF MASSACHUSETTS world, including thousands of local school- valuable source of information during last fall’s IN THE HOUSE OF REPRESENTATIVES children. The museum is reaching out to fami- campaign season that it was quoted regularly lies and children with new activities and pro- by national news organizations. Thursday, April 23, 2009 grams geared to inspire a passion for the vis- Madam Speaker, Please join me in con- Mr. CAPUANO. Madam Speaker, I rise in ual arts in accordance with their mission. gratulating Lane DeGregory, Bill Adair, and his sorrow and in solidarity with Armenians, with The mission of the Monterey Museum of Art team for a job well done in earning journal- our fellow citizens of Armenian descent, and is to collect, preserve, and interpret the art of ism’s highest honor this week. They have set with all men and women of good will to recall California from the nineteenth century to the the standard for human interest and political the atrocities Armenians suffered in the early present day, within a national and international reporting as judged by the peers in their field years of the last century. Contemporary ac- context. In this way, they expand the apprecia- of work. counts leave no doubt that indiscriminate mas- tion of their evolving artistic legacy and inspire [From the St. Petersburg Times, Apr. 21, sacres took place. a passion for the visual arts. We look forward 2009] I understand that this topic evokes painful to the next fifty years of their endeavors in this TIMES WINS 2 PULITZERS memories and raises difficult issues of national area. (By Stephen Nohlgren), The St. Petersburg identity for persons of both Armenian and Madam Speaker, I want to hold up the Mon- Times, April 21, 2009 Turkish ancestry. Nonetheless, I believe that terey Museum of Art as a model museum and For the first time in its 125-year history, we must call genocide by its proper name and cultural institution, an expression of what the St. Petersburg Times has won two Pul- acknowledge it when it has occurred so that makes our nation a worldwide leader in arts itzer Prizes in a single year. we may better learn to recognize and resist its unique to our land. May their continued suc- Staff writer Lane DeGregory, 42, captured horrors in the future. That includes recognizing cess inspire many more generations to cele- the feature writing category for ‘‘The Girl in the policies of the Ottoman Empire during brate our nation’s artistic heritage and partici- the Window,’’ a moving account of a Plant pate in its future. City child whose mother kept her locked in World War I and its aftermath as genocidal. a filthy room, and the adoptive family who International response to genocide has his- f worked to overcome her feral beginnings. torically been inadequate at best, and we must ST. PETERSBURG TIMES EARNS The Times staff won the national reporting do all we can to strengthen our resolve to pre- TWO PULITZER PRIZES FOR prize for PolitiFact, a Web site, database and ‘‘Truth-O-Meter’’ that tests the validity of vent and punish such atrocities. Moreover, I JOURNALISM believe that nations can move forward in fel- political statements. lowship when the past is confronted with hon- That award reflected the growing influence of online media in public affairs. PolitiFact esty and courage. I hope to see the republics HON. C.W. BILL YOUNG OF FLORIDA was designed for the Web at politifact.com, of Armenia and Turkey cooperate and jointly IN THE HOUSE OF REPRESENTATIVES though its content also appears regularly in contribute to the stability of their troubled re- the Times’ print edition. gion. Thursday, April 23, 2009 The two awards are ‘‘so representative of f Mr. YOUNG of Florida. Madam Speaker, our organization as a team, of the skill we The St. Petersburg Times earned a rare honor bring to work every day,’’ Executive Editor IN HONOR OF THE MONTEREY Monday by collecting multiple Pulitzer Prizes Neil Brown told the newsroom staff Monday MUSEUM OF ART amid cheers and popping champagne corks. for journalism excellence. Like newspapers all over the country, the Washington Bureau Chief Bill Adair and his Times is navigating tough economic times, HON. SAM FARR team won the only Pulitzer Prize awarded this Brown said, but ‘‘this is old-fashioned jour- OF CALIFORNIA year by Columbia University for content cre- nalism, great reporting and great writing. IN THE HOUSE OF REPRESENTATIVES ated for the web. They earned the honor in Nothing has changed about that. This is the National Reporting category for PolitiFact, what we do.’’ Thursday, April 23, 2009 a website at www.politifact.com conceived by The Pulitzers, awarded by Columbia Uni- Mr. FARR. Madam Speaker, I rise today to Bill Adair to test the validity of political state- versity, are widely regarded as journalism’s honor the Monterey Museum of Art for their ments. highest accolade. The only other newspaper fifty years of service dedicated to the steward- Times Staff Writer Lane DeGregory won the to win more than one prize in this year’s 14 categories was the New York Times, with ship and celebration of the artistic legacy of second Pulitzer Prize for Feature Writing for five. the Monterey Peninsula. On behalf of the her story ‘‘The Girl in the Window’’, which is The St. Petersburg Times previously had whole House, I am honored to extend to the about a Plant City child who was locked in her won six Pulitzers, its most recent coming in Monterey Museum of Art the gratitude of the room by her adoptive parents. 1998.

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Web. remain true to his previous statements and, as By lunchtime Monday, grins, hugs and ex- Editor, chairman and CEO Paul Tash cited whispers spread through the newsroom. capped off Monday’s newsroom toasts by re- President, recognize the Armenian Genocide A few minutes before the 3 p.m. announce- calling longtime owner Nelson Poynter, who as, ‘‘a widely documented fact supported by ment, staffers congregated around one com- willed the Times to a not-for-profit jour- an overwhelming body of historical evidence.’’ puter to await the Associated Press bulletin nalism institute so that public service, not Madam Speaker, the United States serves together. profits, would drive the newspaper’s cor- as an example to the world of what can be After congratulations died down, porate culture. DeGregory told her colleagues she was work- ‘‘Here’s to a little guy, in a bow tie, who achieved when basic human rights are pro- ing at the Virginian-Pilot 10 years ago, when came from Indiana,’’ Tash said. ‘‘He gave us tected and nurtured. It is in this role that we she read ‘‘Angels & Demons,’’ a Pulitzer-win- the chance, and today our colleagues have must recognize this methodic extermination of ning series by then-Times reporter Thomas vindicated his confidence.’’ over one million Armenians during World War French about the murders of an Ohio woman Pulitzer Prizes at the St. Petersburg Times I. Moreover, I believe that through appropriate and her two daughters in Florida. and Evening Independent recognition, we can work to ensure that atroc- ‘‘I thought, ‘Oh my God, there’s a news- 1998: Thomas French, feature writing, for ities such as the Armenian Genocide are re- ‘‘Angels & Demons,’’ his narrative portrait paper that publishes real stories like that?’ ’’ membered, and not relived. When she was hired at the Times in 2000, of an Ohio mother and two daughters slain DeGregory said, ‘‘I thought it couldn’t get on a Florida vacation, and the three-year in- any better than working at this place and quiry into their murders. f working with these people. But today it got 1995: Jeffrey Good, editorial writing, for a little better.’’ ‘‘Final Indignities,’’ his editorial campaign RECOGNIZING THE SERVICE OF ‘‘The Girl in the Window’’ was published urging reform of Florida’s probate system AMERICAN CANCER SOCIETY last August, with photos by Melissa Lyttle. for settling estates. VOLUNTEER BOB WILLIAMS Danielle was 7 when neighbors spotted her 1991: Sheryl James, feature writing, for ‘‘A face through a broken window of her home. Gift Abandoned,’’ a series about a mother Detectives found her in diapers, her skeletal who abandoned her newborn child and how it HON. BRIAN HIGGINS body raw from bug bites. affected her life and the lives of others. She couldn’t speak. 1985: Lucy Morgan and Jack Reed, inves- OF NEW YORK A Fort Myers family adopted her, and tigative reporting, for their reporting on DeGregory chronicled their efforts to draw Pasco County Sheriff John Short, which re- IN THE HOUSE OF REPRESENTATIVES vealed his department’s troubles and led to her from her silent shell. Thursday, April 23, 2009 Within a month of publication, more than his removal from office by voters. 1 million people read the story online. Calls 1980: Bette Swenson Orsini and Charles Stafford, national reporting, for their inves- Mr. HIGGINS. Madam Speaker, I rise today, to authorities from Tampa Bay residents during National Volunteer Week, to recognize wanting to adopt foster children jumped 33 tigation of the Church of Scientology. percent. 1964: Times staff, public service, for the in- Bob Williams, a man who has gone above and Times staff writer John Barry was a Pul- vestigation of the Florida Turnpike Author- beyond in the call to serve his community and itzer finalist in the feature category for ity, which disclosed widespread illegal acts fellow American. ‘‘Winter’s Tale,’’ an account of a dolphin and resulted in a major reorganization of the state’s road construction program. I first met Bob and learned of his story when with a prosthetic tail and a disabled girl who he visited my office in his role as the Amer- befriended it. f PolitiFact was conceived by Washington ican Cancer Society’s Ambassador for New bureau chief Bill Adair during the runup to RECOGNIZING THE ARMENIAN York’s 27th Congressional District. the 2008 presidential election. GENOCIDE Bob, a cancer survivor himself, does not Adair, 47, felt frustrated in earlier cam- simply advocate on the fight against cancer, paigns by a lack of time and resources to HON. MICHELE BACHMANN he lives it. fact-check political rhetoric. OF MINNESOTA ‘‘We had neglected this aspect of reporting Bob is a volunteer with the American Can- too long,’’ said Adair, a 20-year Times vet- IN THE HOUSE OF REPRESENTATIVES cer Society’s ‘‘Road to Recovery’’ program eran. ‘‘With the Web, we had the tools to do Thursday, April 23, 2009 which links patients in need of transportation reporting better and the tools to be able to Mrs. BACHMANN. Madam Speaker, I be- to cancer treatments with volunteers willing to publish in new ways.’’ donate their time and the use of their car to With the green light from Times’ brass, lieve it is important that we all remember the Adair skipped traditional campaign coverage past, whether it relates to people’s positive ac- provide free transportation. and worked full time on PolitiFact. tions or their negative. The saying that those With remarkable devotion and an over- The PolitiFact team included editors Scott who do not know their past are doomed to re- flowing heart Bob has made trip after trip— Montgomery and Amy Hollyfield, reporter peat it holds much truth. For that reason, well over 500 in total—providing patients with and researcher Angie Drobnic Holan, report- today I rise to recognize a tragic event in comfort and companionship as they drive the ers Robert Farley and Alexander Lane, news technologist Matthew Waite and designer human history that resulted in the loss of the over 120 mile round trip route between Chau- Martin Frobisher. lives of nearly 1.5 million Armenians during tauqua County and Roswell Park Cancer Insti- The team combed through political ads, World War I. tute. speeches and debates, and summarized the On April 24, 1915, the then-Ottoman Empire Quickly the miles added up and with more findings on a ‘‘Truth-O-Meter,’’ which la- began the systematic execution of Armenians, than 100,000 miles under his belt Bob recently beled statements as True, Mostly True, Half an event now known as the Armenian Geno- True, Barely True, False or Pants on Fire. rightfully earned the title American Cancer So- cide. While a large number of Armenians were ciety Western New York Volunteer of the year. A searchable database kept the rulings ac- killed outright, many others suffered and died cessible. Through the ‘‘Road to Recovery’’ program Soon other media outlets were quoting of starvation and diseases which spread through their concentration camps. By 1923, Bob has provided transportation to over 1,600 PolitiFact as an authority on public dis- people, relieving patients of the fight to find a course, and Adair was appearing on CNN and the entire Armenian population previously in- National Public Radio. habiting the landmass of Asia Minor and West ride to treatment and allowing them to focus About 95 percent of the Web site’s hits Armenia had been eliminated. on the fight against the disease. come from outside the Tampa Bay area and As a Member of Congress, I have joined Madam Speaker, thank you for this oppor- 10 percent from outside the United States. with nearly one hundred of my colleagues in tunity to honor Bob Williams, a man who with ‘‘This is such a terrible time for news- support of legislation affirming the United humility and compassion has set an example papers, and I think our winning today is a sign that the Web is not a death sentence for States record on the Armenian Genocide and for us all on the enormous difference one per- newspapers,’’ Adair said. ‘‘We need to look at urging the President to ensure U.S. foreign son can make. Bob’s volunteerism is admi- it as an opportunity.’’ policy reflects an understanding of the human rable and inspiring and I am pleased to ac- For the first time this year, the Pulitzer suffering relating to this genocide. I appreciate knowledge his many contributions this Volun- board invited entries in all categories from the efforts of the International Association of teer Week.

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Madam Speaker, it is my dis- ber of Commerce, Cincinnati Center City De- both pride and pleasure that I rise today to tinct pleasure to rise today in commemoration velopment, United Way of Greater Cincinnati, and many others. honor the career of beloved television host, of the 150th Anniversary of the First Reformed As a proud graduate of the University of author and community leader, Rosie Seaman. Church of Grandville, Michigan. On Sunday, April 19, 2009, a commemorative worship Cincinnati and a faithful Bearcat, it is with a A former preschool and kindergarten teach- service and celebration will memorialize this heavy heart that I congratulate Dr. Zimpher on er, Rosie joined Mobile’s WKRG-TV5 in 1974 extraordinary milestone, and it is a privilege to her new and exciting opportunity as chancellor as the host of ‘‘Rosie’s Place,’’ a locally-pro- recognize and honor Reverend Christopher of the State University of New York. The Cin- duced, weekly half-hour show for school-age Wolf and the congregation of this remarkable cinnati region and most importantly the Univer- children. For almost ten years, families across church for the model of Christian service and sity of Cincinnati are better off today due to the central Gulf Coast welcomed Rosie into the beacon of hope they have offered to the President Zimpher’s dedication and leader- their homes. In 1976, ‘‘Rosie’s Place’’ won the Grandville community over the past 150 years. ship. Good luck Dr. Zimpher, you will be Alabama Arts and Humanities Award for best From the first service on April 13, 1859 up missed. TV series in the state. until today, First Reformed has faithfully f served The Lord, the residents of Grandville, EARMARK DECLARATION Rosie later went on to produce other chil- and the world through its ministries, involve- dren’s programming at WKRG, including ment in the community, and missionary out- ‘‘Small Fry News’’ and ‘‘Youth Magazine.’’ reach. The commemoration of First HON. FRANK R. WOLF Rosie has worn many hats over the course Reformed’s sesquicentennial anniversary dur- OF VIRGINIA of her 35 year career with Mobile’s CBS affil- ing the April 19 service is the highlight of a IN THE HOUSE OF REPRESENTATIVES iate. She was the producer of the public affairs year-long celebration of spiritual, historic and Thursday, April 23, 2009 program, ‘‘Page 5,’’ associate producer for the community events. Mr. WOLF. Madam Speaker, pursuant to ‘‘We Are Mobile’’ tri-centennial movie project, This remarkable anniversary reminds all of the Republican guidelines on earmarks, I sub- and producer for WKRG’s morning and noon us that wonderful things do happen when we mit the following statement for the record re- news programs. Most recently, she served as seek to serve and glorify God. Reflecting on garding H.R. 1105, the Fiscal Year 2009 Om- the journey experienced by the congregants of segment producer at WKRG, booking guests nibus Appropriations Act. First Reformed over the last 150 years, it is for the station’s news and public affairs pro- Requesting Member: The Hon. FRANK R. appropriate to reaffirm and strengthen our own grams. WOLF faith, acknowledge the blessings bestowed Bill Number: H.R. 1105 Through her work at WKRG, Rosie ensured upon us, and recognize the call to reach out Provision: State and Local Law Enforcement that civic leaders and organizations had fre- to others and share God’s love. Assistance, Byrne Justice Assistance Grant quent access to the airwaves. She helped or- I am proud to represent the people who call Legal Name of Requesting Entity: Northern ganizations including the United Way, the First Reformed their church home, and am Virginia Regional Gang Task Force American Cancer Society, the Salvation Army grateful to this congregation for their Christ- Address of Requesting Entity: One Park and the Child Advocacy Center reach out to like example. I am honored to extend my best Center Court, Manassas Park, VA, 20111 viewers through the station’s public affairs and wishes on this sesquicentennial occasion, and Description of Request: In response to in- talk segments on news shows. look forward to their service and ministry to creasing gang activity in northern Virginia, a the people of Grandville for many more years. multi-jurisdictional law enforcement task force Rosie was also the author of several nation- f was established in 2003 to more effectively re- ally published educational books, which spond to gang activity. As a result of the task ranged in topic from arts and sciences to the HONORING DR. NANCY ZIMPHER force’s efforts, criminal gang activity has de- teaching of moral values to young children. clined by more than 50 percent. In order to Mobile’s Drug Education Council recently pub- HON. JEAN SCHMIDT sustain and maintain these impressive results, lished one of Rosie’s books on drug aware- OF OHIO the task force requested $2.5 million in fund- ness for young children. IN THE HOUSE OF REPRESENTATIVES ing, which is included in H.R. 1105. In recognition of her remarkable accomplish- Thursday, April 23, 2009 Requesting Member: The Hon. FRANK R. ments, The Press Club of Mobile awarded WOLF Mrs. SCHMIDT. Madam Speaker, I rise Bill Number: H.R. 1105 Rosie its 2004 John Harris Lifetime Achieve- today to honor Dr. Nancy Zimpher, President Provision: State and Local Law Enforcement ment Award. of the University of Cincinnati for her tremen- Assistance, Byrne Justice Assistance Grant Madam Speaker, I ask my colleagues to join dous dedication to higher education. Unfortu- Legal Name of Requesting Entity: Northwest me in recognizing a dedicated community nately, President Zimpher will be departing us Virginia Regional Gang Task Force leader and friend to many throughout Ala- to become the new chancellor of the State Address of Requesting Entity: P.O. Box 49, bama. On behalf of all those who have bene- University of New York on June 1. They will Berryville, VA, 22611 fited from her good heart and generous spirit, be blessed to have her. Description of Request: In response to in- permit me to extend thanks for her many ef- A native Ohioan, President Zimpher became creasing gang activity in the Shenandoah Val- forts in making Mobile and south Alabama a the University of Cincinnati’s 25th president ley, this task force was established to coordi- better place. Rosie Seaman is an outstanding and first woman president in October of 2003. nate and share information with their counter- From the beginning, President Zimpher parts at the Northern Virginia Regional Gang example of the quality of individuals who have worked tirelessly to raise the University’s pro- Task Force. According to the Federal Bureau devoted their lives to the field of broadcast file. During her tenure she increased the Uni- of Investigation, the entire northern Virginia re- journalism. versity of Cincinnati’s freshman class and total gion is a hotbed of gang activity. In order to On behalf of a grateful community, I wish enrollments to new heights, while increasing better fight gang activity in this area, the task her the best of luck in all her future endeav- retention and graduation rates. The caliber of force requested $750,000 in funding, which is ors. students and educators at the University of included in H.R. 1105.

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Requesting Member: The Hon. FRANK R. Our thoughts and prayers are with them all a young age, George became a mentor of WOLF during this difficult time. mine. He gave me the kind of fatherly guid- Bill Number: H.R. 1105 f ance and encouragement that I so desperately Provision: Capital Investment Grants needed as I grew up and faced life’s many Legal Name of Requesting Entity: Dulles A LIFE LIVED FOR OTHERS: A challenges. Unlike any other, I looked to Corridor Metrorail Project TRIBUTE TO GEORGE K. STEIL, George as a role model, and was blessed to Address of Requesting Entity: 1 Aviation SR. be taken under his wing. Circle, Washington, D.C. 20001 George Steil dedicated his life to the service Description of Request: H.R. 1105 provides HON. PAUL RYAN of others: to his fellow countrymen in the U.S. $29.1 million to be used for extending the Met- OF WISCONSIN Army; to his neighbors—especially those most rorail system through Tysons Corner to Wash- IN THE HOUSE OF REPRESENTATIVES vulnerable—in Janesville, Rock County, and ington Dulles International Airport. Northern Thursday, April 23, 2009 Wisconsin; to his clients, his customers, and Virginia continues to be one of the country’s fellow parishioners; and—most passionately— fastest growing areas, but with that has come Mr. RYAN of Wisconsin. Madam Speaker, I to his friends and his family. the distinction of being the second worse traf- rise today to pay tribute to a loving father, To George’s four children: George, Jr. and fic congested region in America. Congres- grandfather, and great-grandfather, a devoted wife Patricia; John of Janesville; Michelle and sional funding to bring a much needed mass husband, and a personal friend and mentor. husband Patrick; and Marcelaine and husband transit system linking the West Falls Church George K. Steil, Sr. was a pillar of integrity John. Your father will forever be one of Metro station to Washington Dulles Inter- and leadership in the Janesville community Janesville’s finest. national Airport was first approved in FY 1999. and the state of Wisconsin. George passed To his two great-grandchildren and ten Additional Request: I also requested lan- away less than a month ago at his home in grandchildren, including my former and future guage in this bill that would prohibit the Fed- Janesville, but not before leaving an indelible staffers Bryan and Allison Steil: your grand- eral Transit Administration (FTA) from reallo- mark on the countless lives he touched—my- father’s zest for life and selfless commitment cating previously appropriated funding for the self included. He will be sorely missed, but will to service provides a guiding light for you to Dulles Corridor Rapid Transit Project. Specifi- never, ever, be forgotten. follow for years to come. cally, I requested that the funding from FY George was born in Western Wisconsin in To his wife Mavis: For your unconditional 2002, FY 2003, FY 2004, FY 2005, FY 2006 1924, and served his nation with honor in love and support over the years, I will forever and FY 2008 be protected. World War II as a sergeant in the U.S. Army be in debt to you and to your husband. f Amphibious Forces in both New Guinea and My prayers and my eternal gratitude remain with the Steil family. HONORING THE MEMORY OF the Philippines. Shortly after his return from FRANKLIN ROOSEVELT BRACKIN service, George married the beautiful Mavis f Andrews in 1947 in Darlington, Wisconsin. IN MEMORY OF ROBERT E. ‘‘BOB’’ George is an institution at the University of WHEELER HON. JO BONNER Wisconsin—having received a Doctor of Law OF ALABAMA Degree from the University of Wisconsin in IN THE HOUSE OF REPRESENTATIVES 1950, been named a lecturer at UW in 1974, HON. MIKE ROSS Thursday, April 23, 2009 and having received the law school’s highest OF ARKANSAS IN THE HOUSE OF REPRESENTATIVES Mr. BONNER. Madam Speaker, the town of honor—the Alumni Distinguished Service Loxley, Alabama, and all of southwest Ala- Award in 1991. He was appointed by Gov- Thursday, April 23, 2009 bama recently lost a dear friend, and I rise ernor Tommy Thompson to the UW Board of Mr. ROSS. Madam Speaker, I rise today to today to honor Franklin Roosevelt Brackin and Regents, serving as the Board’s President honor the memory of Robert E. ‘‘Bob’’ Wheel- pay tribute to his memory. from 1992–1994, as well as Chairperson of er of Hot Springs, who passed away on April Known to his many friends as Frank, he the UW Medical Foundation and member of 16, 2009, at the age of 72. Affectionately was a native of Covington, Alabama and lived the UW Hospital Authority. called ‘‘Mister Hot Springs,’’ Bob dedicated his in Loxley for over three decades. Frank was He had among the most illustrious legal ca- life’s work to Hot Springs, the city he loved known to everyone in Loxley for riding his bi- reers of any in the State of Wisconsin, serving and the city he called home. cycle adorned with American flags through on numerous statewide—and international— Bob was a hard worker and an inspiring town. He took it upon himself to monitor the committees and associations. George was leader, and it was his vision that helped make flags flown on the town’s public property, and elected president of the State Bar in 1976, Hot Springs the vibrant center of tourism, he would notify the staff at Town Hall if he and later honored by the Wisconsin Bar Foun- commerce and history that it is today. In re- spotted a problem. dation as the 9th recipient of the Charles L. sponse to the city’s struggling economy in the Each day, Frank ate breakfast at the Loxley Goldberg Distinguished Service Award for his 1980s, Bob was instrumental in passing bond Civic Center with other seniors, and he visited outstanding public service as a citizen, an at- issues that renovated and expanded the the Fire Department, Police Department and torney, and a humanitarian. former Hot Springs Convention Auditorium into merchants along Alabama Highway 59. As His leadership in the community was also the Hot Springs Convention Center, a state-of- Frank grew older and traffic increased, he unparalleled. He has served as President and the-art conference facility that now hosts began making his daily visits on foot, at which Senior Partner of Brennan, Steil, and Basting groups from across the country. He was also time, Loxley police provided him with an or- in Janesville, having been with the firm from key in reopening the Magic Springs & Crystal ange safety vest to make him more visible as 1960 until his death. George had been Presi- Falls amusement park, as well as envisioning he traveled throughout the community. dent of Janesville’s Chamber of Commerce; and seeing to completion Summit Arena, Frank was also a member of the Associa- Chairman of the Board of Directors of Bank which now hosts major concerts and athletic tion of Retarded Citizens of Baldwin County One in Janesville; and took countless other events. (ARCBC). Each year, he and other ARCBC leading roles in both the public and private In an official capacity, Bob served as the members traveled to either Disney World or sector. He had also been recognized for his City Director from 1986 until 2004, when he Dollywood, which was always a highlight of his commitment to the Catholic Church and the declined to run for re-election. He also served year. Frank was also active in the Baldwin Diocese of Madison. George’s commitment to on the Hot Springs Advertising and Promotion County Strawberry Festival, serving on the faith was evident in all he did, as his service Commission for 15 years, being named the cleanup committee for many years. to God was manifest in his tireless service to commission’s only ‘‘Commissioner Emeritus’’ Madam Speaker, I ask my colleagues to join others. upon his retirement. me in remembering a beloved friend to many His long list of achievements and honors Bob was a successful businessman heading throughout southwest Alabama. Franklin Roo- fails to do justice in describing the type of man Wheeler Printing, and he was the motivation sevelt Brackin will be dearly missed by his George Steil was. My father was George’s law for making Hot Springs the permanent home family—his two brothers, his sister, and the partner, and I had the privilege of getting to of the Miss Arkansas Pageant, where he entire town of Loxley—as well as the count- know the Steil family during the formative served more than 40 years as the state pag- less friends he leaves behind. years of my life. Because I lost my father at eant’s Executive Director.

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10616 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 23, 2009 Realizing the city’s important contributions Harbon, Joseph, Jeff, and Willard all landed in Alabama’s Mitchell Cancer Institute was devel- to Arkansas over the years, Bob’s vision in- France as part of the American forces fighting oped, and a scholarship program to train cluded a city that recognizes and honors its in the Atlantic Theatre. Harbon was killed in nurses was created. past and traditions while embracing change action near Isigny, France, while the others With more than three decades with the com- and economic development. Today, as a di- fought throughout Europe until the end of the pany, Chandler was the most senior rect result of Bob’s efforts, Hot Springs is a war. Joseph also landed with the 1st Infantry healthcare executive serving in the state of year-round destination for conventions and division in North Africa. Alabama at the time of his retirement in De- tourists and a thriving community in which to Pete was stationed in the Pacific after join- cember 2008. raise a family. ing the Navy prior to the end of the war. John Madam Speaker, I ask my colleagues to join Most importantly. Bob inspired a new gen- was on active duty just prior to the Korean me in recognizing a dedicated community eration of leaders in Hot Springs all of whom War. The remaining Sextons, Jim, Ernest, leader and friend to many throughout Ala- embraced his vision and shared his infectious Robert, Luther, and Jonah all spent more then bama. I know his family, his wife, Polly; their energy and passion that will carry the city well 20 years each on active duty before retiring daughters, Louise, Susanne, Patricia, and into the 21st century. from their respective branches. At three dif- Amanda; his many friends; and past and Unfortunately. Bob lost his long battle with ferent times between 1942 and 1968, there present Infirmary Health System employees Alzheimer’s disease last week. Though he is were five Sexton brothers wearing the Uniform join me in praising his accomplishments and no longer with us and will be deeply missed, of the United States Armed Forces at the extending thanks for his service over the years Bob’s legacy will live on as Hot Springs and same time. on behalf of the city of Mobile and the state its leaders continue to meet the expectations, f of Alabama. dreams and goals outlined by the city’s big- Chandler will surely enjoy the well deserved gest champion. CONGRATULATING CHANDLER time he now has to spend with family and BRAMLETT ON THE OCCASION OF f loved ones. On behalf of a grateful commu- HIS RETIREMENT nity, I wish him the best of luck in all his future HONORING THE SEXTON FAMILY’S endeavors. SERVICE HON. JO BONNER f OF ALABAMA INTRODUCTION OF THE HON. JOE WILSON IN THE HOUSE OF REPRESENTATIVES HONOULIULI INTERNMENT CAMP OF SOUTH CAROLINA Thursday, April 23, 2009 SPECIAL RESOURCES STUDY ACT IN THE HOUSE OF REPRESENTATIVES Mr. BONNER. Madam Speaker, it is with OF 2009 Thursday, April 23, 2009 great pride and pleasure that I rise to honor Mr. WILSON of South Carolina. Madam the long and distinguished career of Chandler HON. MAZIE K. HIRONO Speaker, I wish to take this opportunity to rec- Bramlett, on the occasion of his retirement OF HAWAII ognize and honor the service and sacrifice of from Infirmary Health System. IN THE HOUSE OF REPRESENTATIVES the Sexton family. Thirteen Sextons have With a career spanning over 40 years, served bravely in our Armed Forces since Chandler has served in administrative posi- Thursday, April 23, 2009 World War II—several having served on the tions in healthcare facilities in Florida, Geor- Ms. HIRONO. Madam speaker, I rise today front lines in both the Atlantic and Pacific The- gia, Mississippi, and Alabama. to introduce a bill to authorize a special re- atres. This tradition of service and dedication A native of Mobile and graduate of Murphy sources study of the World War II-era to the United States of America has earned High School, Chandler received a Bachelor of Honouliuli Internment Camp site in the State them due recognition and appreciation. I sub- Science degree in Chemistry from the Univer- of Hawaii. mit their names here for the RECORD: sity of Alabama in 1964 and an M.B.A. and Unlike much of the mainland United States, Hugo ‘‘Doc’’ Sexton—served with U.S. Certificate in Hospital Administration from the Japanese Americans in Hawaii were not sub- Navy—WWII Veteran (1908–1982); University of Florida in 1996. jected to the mass roundups experienced by James Edward ‘‘Tad’’ Sexton—served with After graduation and before his induction Americans of Japanese ancestry who lived on U.S. Army (1911–1945); into military service, Chandler served as an the West Coast of the U.S. mainland. Execu- Harbon ‘‘Whitey’’ Sexton—served with the administrative assistant with Baptist Hospital in tive Order 9066, which called for removal of 30th Infantry Division; killed in action in France Pensacola, Florida. Later that same year, he Japanese Americans from restricted areas, (1915–1944); joined the U.S. Public Health Service Office in was not enforced to the same degree in Ha- Joseph Howard ‘‘Tut’’ Sexton—served with Atlanta where he worked as a health services waii. Forcing all of Hawaii’s Japanese Amer- 1st Infantry Division—WWII Veteran (1918– officer at the Division of Medical Care Admin- ican population into camps was simply not 1983); istration Regional Office. Two years later, he practical as they made up some 40 percent of Jeff Jackson ‘‘Jodie’’ Sexton—served with was named vice president of the North Mis- the population at the time. 90th Infantry Division—WWII Veteran (1920– sissippi Medical Center in Tupelo, Mississippi. Executive Order 9066 put Hawaii under 2003); In 1972, Chandler returned to Alabama as the martial law. Interestingly, even before the at- Willard ‘‘Pistol’’ Sexton—served with 1106th administrator of Jackson County Hospital and tack on Pearl Harbor, the FBI had a ‘‘custodial Combat Engineers—WWII Veteran (1922– Nursing Home in Scottsboro. detention list’’ of 337 people in Hawaii marked 2009); Chandler joined the Mobile Infirmary in for arrest if America went to war with Japan. Elurd Preston ‘‘Pete’’ Sexton—served with 1976, initially as administrator of its Rotary On December 7, 1941, the day Pearl Harbor U.S. Navy—WWII Veteran; Rehabilitation Hospital. In 1978, he was was attacked, the FBI and the Army ordered John Daniel Sexton—U.S. Air Force Veteran named executive vice president. Five years the internment of everyone on the ‘‘custodial (1930– 2008); later, he became president/chief executive offi- detention list.’’ Jim Sherman Sexton—retired from the U.S. cer of Infirmary Health System, which today is Most of these initial internees were ‘‘con- Air Force; the largest integrated healthcare delivery sys- sular agents,’’ persons who worked on a vol- Ernest Norman ‘‘Snag’’ Sexton—retired from tem in the Central Gulf Coast Region. unteer basis to assist other Japanese in filling the U.S. Air Force; Today, the Infirmary Health System is the out reports of birth, marriage, and death to be Robert Charles ‘‘Bobo’’ Sexton—retired from fifth largest private sector employer in the sent back to the emigrants’ original villages in the U.S. Army (1937–1991); state. It is the parent company of five hospitals Japan. Many of these volunteer ‘‘consular Luther Madison ‘‘Luke’’ Sexton—retired from and one nursing home in Mobile and Baldwin agents’’ were long-time residents of Hawaii but the U.S. Air Force; Counties with 1,300 licensed beds, including were not citizens because they were not born Jonah Clark ‘‘Buster’’ Sexton—retired from Mobile Infirmary Medical Center, the largest in Hawaii. At the time, Japanese immigrants the U.S. Air Force. not-for-profit acute care hospital in Alabama. were barred from becoming naturalized U.S. Hugo served in the Pacific Theatre. James Under Chandler’s leadership, the not-for-profit citizens on the basis of race. None of these entered the Army but was medically dis- healthcare system was created, a comprehen- ‘‘consular agents’’ were ever charged with es- charged shortly after he began service. sive partnership with the University of South pionage or sabotage. Shinto and Buddhists

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10617 priests, language teachers, and community A consummate family man, Mayor Cafagna Dr. Mukundan’s work had an indelible im- leaders were also rounded up and put in the is survived by his wife Sharon of 43 years, his pact on the fabric of health care in Chicago’s camps. two children and five grandchildren, who were underserved communities and today I rise to Honouliuli Internment Camp was the largest the light of his life. Mayor Cafagna was widely recognize, and to direct my colleague’s atten- and last-closed of the eight detention centers known and respected for his goodwill to all, tion to, this great Chicagoan. that operated in Hawaii. Honouliuli was also his ability to bring people together with f used as a prisoner of war camp. Each of the warmth, humility, and good sense of humor. major islands had internment facilities for a His accomplishments both personal and public HONORING THE MEMORY OF RAY- period of time. Some 1,200 Japanese Ameri- are to be commended and I can say that he RAY RUSSELL cans and 100 Americans of Italian or German will be sincerely missed by the people of San descent were interned in Hawaii between De- Diego County, especially in the beautiful city HON. JO BONNER cember 7, 1941, and September 14, 1945. of Poway. OF ALABAMA Many were initially held in Hawaii and then It is with immense gratitude that I commend IN THE HOUSE OF REPRESENTATIVES transferred to internment camps on the U.S. Mayor Cafagna for his long and distinguished Thursday, April 23, 2009 mainland. service on behalf of his constituents and coun- The story of the internments in Hawaii is not ty. His humor and easygoing personality will Mr. BONNER. Madam Speaker, the city of well known. Most people in Hawaii are not be greatly missed by all who worked with him. Mobile and indeed the entire state of Ala- even aware of this history. Archeological re- However the stories and warm memories of bama, recently lost a dear friend, and I rise connaissance surveys of the Honouliuli Camp this larger than life man will be shared by today to honor the memory of Ray-Ray Rus- site have been conducted with the support of many. I urge my colleagues to join me in com- sell. the Japanese Cultural Center of Hawaii, Con- memorating the life of Mayor Mickey Cafagna. A native of Mobile, Ray-Ray graduated from servation Fund, National Park Service, Na- f Williamson High School in the Maysville com- tional Trust for Historic Preservation, and the munity and earned a Bachelor’s Degree in University of Hawaii. The landowner, Mon- HONORING DR. PADMANABHAN communication from Alabama State University. santo, has also been supportive. ‘‘DAN’’ MUKUNDAN In 1996, Ray-Ray returned to Mobile and The Honouliuli site, which is located in a started working for WBLX–FM radio. He was gulch in an agricultural area on the island of HON. DANNY K. DAVIS host of the station’s long-running radio show, Oahu, still contains many remnants of the OF ILLINOIS ‘‘The Gulf Coast Wake-up Party.’’ For years, camp. The special resource study authorized IN THE HOUSE OF REPRESENTATIVES listeners across the central Gulf Coast tuned in every morning for Ray-Ray to help them by this bill will evaluate the Honouliuli site, as Thursday, April 23, 2009 well as associated sites on Oahu and other is- start their day. He also broadcast Friday night lands, regarding its significance in the history Mr. DAVIS of Illinois. Madam Speaker, on high school football games for Comcast’s Port of World War II; in relation to the forcible in- February 5, 2009 the City of Chicago and the City 6. ternment of Japanese Americans, Italian nation lost an inspirational leader in commu- However, Ray-Ray’s contributions extended Americans, and German Americans; and for nity health, Dr. Padmanabhan ‘‘Dan’’ far beyond the airwaves. He started the Roll- its physical historic resources. Mukundan. Dr. Mukundan, or ‘‘Dr. Dan’’ as he ing Reader program, in which disc jockeys One of the things I am most proud about was warmly known, was a pioneering force in read to elementary school children. In fact, America is our willingness to examine painful community medicine in Chicago for nearly 40 Ray-Ray read to Mobile and Baldwin County and often shameful periods of our past. The years. Dr. Dan held a lifelong commitment to classes at least once a week. He also partici- experience of Hawaii in relation to Executive caring for the medically underserved and he pated in a number of charity events. Order 9066 has not really been told before. believed passionately in providing the highest Madam Speaker, I ask my colleagues to join The proposed resource study will provide a quality of medical care to all persons regard- me in remembering a dedicated community map of how we might move forward in pre- less of health status or ability to pay. leader and friend to many throughout Ala- serving and interpreting the historical record of Dr. Dan opened his first practice on Chi- bama. Ray-Ray Russell was an outstanding this period. cago’s South Side in the 1970s, and in the example of the quality of individuals who have I urge my colleagues to join me in sup- early 1990s he joined ACCESS Community devoted their lives to the field of broadcast porting this legislation. Health Network where he served as the Med- journalism, and at the age of 42, he was taken f ical Director. His drive and enthusiasm for from us too soon. quality community health care attracted other On behalf of all those who have benefited COMMEMORATING THE LIFE OF dedicated medical providers into the field and from his generous spirit, permit me to extend MICKEY CAFAGNA, MAYOR OF into ACCESS, which is now the largest com- thanks for his many efforts in making Mobile POWAY munity health center organization in the na- and south Alabama a better place. Ray-Ray tion. With Dr. Dan’s support, ACCESS has will be deeply missed by his family—his seven HON. BRIAN P. BILBRAY grown to operating over 50 health centers children and his seven brothers and sisters— OF CALIFORNIA serving over 215,000 patients annually in the as well as the countless friends he leaves be- IN THE HOUSE OF REPRESENTATIVES greater Chicago area. Today, ACCESS is re- hind. Our thoughts and prayers are with them garded as a national leader in providing qual- all at this difficult time. Thursday, April 23, 2009 ity primary and preventive medicine to unin- f Mr. BILBRAY. Madam Speaker, I rise today sured and underinsured patients. Dr. Dan’s to mourn the passing of one of San Diego work was essential to enabling ACCESS to HONORING MITCH KING Counties most beloved citizens, Mayor Mickey build a unique community health infrastructure Cafagna. Mayor Cafagna lost his battle to can- in the Chicagoland area, an infrastructure le- HON. JAMES P. MORAN cer on Saturday, April 11, 2009, and I urge my veraged through partnerships to provide pa- OF VIRGINIA colleagues to join me in commemorating the tients access to the specialty, diagnostic and IN THE HOUSE OF REPRESENTATIVES life of this devoted public servant. inpatient services they require. In addition, he Mayor Cafagna has had a long history of expanded the scope of ACCESS’s program to Thursday, April 23, 2009 serving San Diego County. In addition to being include mental health and social services. Mr. MORAN of Virginia. I rise to thank and a successful businessman, he was elected On Saturday, April 25, family, friends, col- praise Mitch King for his exemplary 36 years mayor of Poway, served on the Poway City leagues and patients of Dr. Dan will gather to of public service—a career which has spanned Council, was chairman of the Regional Solid remember his life and his accomplishments. I 11 Postmaster Generals and during which Waste Association, and represented the city of extend my heartfelt condolences to Dr. mail service has expanded to serve more than Poway on the San Diego Association of Gov- Mukundan’s family and to those who will gath- 149 million addresses every day, becoming ernments (SANDAG) since 1998, serving two er in his memory, including Donna Thompson, the country’s largest retail network. years as Chairman of the Board, where I had Linda Shapiro and other members of the AC- Mitch is the epitome of a true public servant: the privilege to serve with him. CESS leadership team. he was and is always professional, always

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10618 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 23, 2009 ready to help with any issue, and always on For over 20 years Kate has given countless Empire, Henry Morgenthau, display how the the lookout for constructive solutions. It has hours of her time to help promote social and Ottoman government specifically decided to been an honor to benefit from his contributions political change in Massachusetts. Kate has target the Armenians, move them towards both on the House Appropriations Committee been an avid volunteer with many groups and what is the modern day Syrian Desert, and and in my District over the years, and it is only has worked tirelessly for the greater good for butcher men, women, and children. right that we should honor and salute him for more than 40 years. She has served as an It is a disturbing history, but one that needs his more than three decades of service. elected member of the Massachusetts State to be retold, remembered, and reaffirmed to Mr. King is one of several Managers in the Democratic Committee for the past 13 years ensure its legacy and rightfully honor its vic- Government Relations Department at the U.S. and has served in many capacities with the tims and survivors. Postal Service Headquarters in Washington, party. She is one of the founding chairpersons DC, responsible for Congressional Liaison and of the Middlesex Worcester Democratic Coali- We have stood by for too long as the Turk- legislative activities. He will retire from the tion and is also a board member of the re- ish government manipulates the issue of the Postal Service on May 1, after 36 years of cently formed Worcester Democratic League. Armenian Genocide. We have watched them service. She has also represented her district at count- pay millions of dollars to Turkish lobbyists to During the later part of his career, he man- less state and national conventions. mislead and even threaten members of Con- aged Postal Service Congressional Liaison ac- Kate is also the founder of the widely read gress. We have watched the Turkish govern- tivities for the states of Virginia, Maryland, Donaghue’s Democratic Dispatch, which she ment bring scholars and writers to court for in- Pennsylvania, Ohio, West Virginia, Kentucky, founded in 2000. This popular email news- sulting Turkishness just for writing the words Mississippi, Alabama, Florida, and the District letter provides information about political and Armenian Genocide. And two years ago we of Columbia. He was also responsible for civic events that are happening across the watched in profound disbelief when Hrant Dink postal-related legislative activity within the commonwealth. Thanks to her efforts, thou- was assassinated in Istanbul. House Appropriations Committee. Additionally, sands of individuals are kept abreast about It is enough. one of his ad hoc activities included service on how to be engaged in local and national polit- Armenian Genocide Recognition is not only the Elections Center-sponsored Election Mail ical efforts. important for Armenians, it is important for us Task Force. Kate has also worked tirelessly to get others as Americans. If we are going to live up to the Mitch began his postal career in 1973 as a involved in community service efforts. She has letter carrier in my District in Falls Church. standards we set for ourselves and continue helped organize Earthday Clean-ups, food to lead the world in affirming human rights ev- Subsequently, he became a supervisor of let- drives and clothing drives. ter carriers, before becoming an Instructor in erywhere, we need to stand up and recognize Madam Speaker, I commend Kate the Armenian Genocide. the Delivery Service Branch of the Postal Donaghue for her dedication to Massachusetts Service Management Academy in Potomac, and the political community in promoting activ- To not do so sends a message that we are Maryland. By the spring of 1982, he began ism in politics throughout the community. I complicit in Turkey’s denial. By not affirming working in the Government Relations Depart- congratulate Kate on receiving this award and the Armenian Genocide, we fail as Americans ment at the U.S. Postal Service Headquarters I ask my colleagues to join me in paying trib- to take a stand against all genocides and we in Washington, DC. In 1992, he was promoted ute to this fine example of civic engagement. fail to end genocide denial. to the position of Government Relations Man- f We can reverse this path and officially ager; a Postal Career Executive position. speak the truth. We as Americans and as an Since then he has managed government re- 94TH ANNIVERSARY OF THE entire international community must recognize lations activities with many Members of Con- ARMENIAN GENOCIDE the Armenian Genocide so that we can renew gress, addressing an ever expanding variety our commitment to prevent such atrocities of postal-related issues. He has also served HON. FRANK PALLONE, JR. from occurring again. as the principal postal contact for the House OF NEW JERSEY Appropriations Committee and the Financial I am hopeful that the U.S. Government can IN THE HOUSE OF REPRESENTATIVES Services Appropriations Subcommittee. While stand behind our statements and our prom- the Postal Service receives only minimal fund- Thursday, April 23, 2009 ises. ing to support free mail for the blind and over- Mr. PALLONE. Madam Speaker, I rise today f seas voters, Mitch has been an extraordinary to commemorate the 94th Anniversary of the resource to us in addressing a host of postal Armenian Genocide. It is morally imperative HONORING CODY WAYNE JOHNSON issues which have arisen in our committee. that we remember this atrocity and collectively Mitch and his wife, Mickey Fenyk-King, re- demand reaffirmation of this crime against hu- cently celebrated their 35th anniversary. Now, manity. HON. SAM GRAVES they look forward to having more time to For thousands of years, the Armenian peo- spend with family and friends and to exploring ple have been known for their perseverance in OF MISSOURI the world together. They have surely earned the face of great challenges. Today we honor IN THE HOUSE OF REPRESENTATIVES our thanks and congratulations for a job well the victims and survivors of the Armenian done and our very best wishes for their jour- Genocide. We pay our respects to the Arme- Thursday, April 23, 2009 neys ahead. nian people for their strength to overcome ad- Mr. GRAVES. Madam Speaker, I proudly f versity. pause to recognize Cody Wayne Johnson a HONORING KATE DONAGHUE It is a somber day as we reflect on the vic- very special young man who has exemplified tims of the Armenian Genocide, the continued the finest qualities of citizenship and leader- HON. JAMES P. McGOVERN denial by the Turkish government, and our ship by taking an active part in the Boy Scouts own government’s inaction in using the word OF MASSACHUSETTS of America, Troop 70, and in earning the most genocide to describe these events. IN THE HOUSE OF REPRESENTATIVES prestigious award of Eagle Scout. There is an absurdity about Turkey’s inabil- Thursday, April 23, 2009 ity to recognize its own past and something Cody has been very active with his troop Mr. MCGOVERN. Madam Speaker, I rise deeply disturbing about our government’s participating in many scout activities. Over the today to pay tribute to my friend, Kate complacency in this misrepresentation of his- many years Cody has been involved with Donaghue from Westborough, Massachusetts tory. Scouting, he has not only earned numerous for her outstanding service to the people of my The Armenian Genocide is the first geno- merit badges, but also the respect of his fam- district and my home state of Massachusetts. cide of the twentieth century. Between 1915 ily, peers, and community. On Sunday, April 26 of this year, Kate will be and 1923, 1.5 million Armenians were system- Madam Speaker, I proudly ask you to join this year’s recipient of the Democrat of the atically and deliberately killed by the Ottoman me in commending Cody Wayne Johnson for Year award from the Middlesex Worcester Co- Turks. his accomplishments with the Boy Scouts of alition in appreciation for her lifetime of serv- Our own National Archives and writings America and for his efforts put forth in achiev- ice. from the U.S. Ambassador to the Ottoman ing the highest distinction of Eagle Scout.

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10619 HONORING ADDIE GREEN I am fortunate to have had the opportunity Dunsmuir, California in 1939 to Claude and to work side by side with Commissioner Rhoda Diridon. As the son of Italian immi- HON. KENDRICK B. MEEK Greene and it is a privilege for me to have this grants, Rod’s father, Claudius Diridoni was OF FLORIDA opportunity to recognize her before the es- compelled to change his name when bigotry in IN THE HOUSE OF REPRESENTATIVES teemed House of Representatives. Now, in re- the railroad employment system kept him from Thursday, April 23, 2009 tirement, she embarks upon new challenges in being hired. After becoming a union member, life and I am certain her legacy of greatness Claude was protected from discrimination, Mr. MEEK of Florida. Madam Speaker, I am will only grow and develop as she enters this thus starting the Diridon family’s long appre- pleased to recognize and extend my congratu- new phase of life. I wish her every happiness ciation of organized labor. lations to the Honorable Addie Green on the and success. Although Rod was dyslexic, through hard occasion of her retirement from elected office. f work and determination, he was a good stu- Ms. Green will retire as County Commissioner dent and member of championship football for District 7 in Palm Beach County, and can HONORING RODNEY JOHN DIRIDON teams in high school. While working his way look back on a proud career of service and ON THE OCCASION OF THE 70TH through college as a railroad trainman, he at- distinction in community leadership. ANNIVERSARY OF HIS BIRTH tended Shasta Junior College and Chico Though she is a native Alabamian, Ms. State, each for one year. He then transferred Green has been a resident of Palm Beach HON. ZOE LOFGREN to San Jose State University, where he was a County since 1965. She graduated from student leader, and graduated with a Bachelor Stillman College with a Bachelor of Science OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES of Science in Accounting and an MSBA in Sta- degree and went on to receive her Masters tistics. Degree in Education from Florida Agricultural Thursday, April 23, 2009 He was married to Mary Ann Fudge from & Mechanical University in Tallahassee, Flor- Ms. ZOE LOFGREN of California. Madam July 4, 1964 until 1999 and raised two chil- ida. Speaker, today I rise to congratulate Rodney dren, Rodney Jr. born September 10, 1969, Ms. Green served as Mangonia Park’s Vice John Diridon, ‘‘Rod,’’ on the 70th anniversary and Mary Margaret, born September 14, 1971. Mayor in 1988 and Mayor in 1991. In 1992, of his birth. In addition to celebrating the com- On June 10, 2001 he married Dr. Gloria Duffy. she was elected to the Florida House of Rep- memoration of a life well spent, I would like to Rod has chaired over 100 international, na- resentatives and served four consecutive acknowledge the dedication he has exempli- tional, state and local community service pro- terms as the District 84 Representative. While fied in serving the Valley of Santa Clara for grams and projects, most related to transit and serving in the Florida House of Representa- over half of his life. the environment. He served, in 1993, as the tives from 1995 to 1998, I had the pleasure of Diridon, the son of an immigrant Italian rail- chairperson of the American Public Transit As- working with Ms. Green. During her State ten- road brakeman, has focused on transportation sociation in Washington, D.C., and more re- ure, she served on several influential House issues for decades. A most effective pro- cently as the North American Vice President committees and was instrumental in securing ponent of public transportation, Rod Sr. is con- of the International Transit Association in vital resources for Palm Beach County. Brussels. He has been an advisor to the Fed- The appropriations Ms. Green worked dili- sidered the ‘‘father of modern transit’’ in Santa eral Transit Administration and in 1995 chaired gently to bring to Palm Beach County in- Clara County and credited with countless the National Research Council’s Transit Over- cluded: $1.35 million for the Mangonia Resi- achievements including building the light rail sight and Project Selection Committee. Rod dence for senior citizens; $751,000 for Florid- system. He is a former member of the Santa chaired the NRC’s Transportation Research ians stricken with Parkinson’s disease; Clara County Board of Supervisors and a $250,000 for the Belle Glade Business Park former candidate for the California State As- Board’s study panel on ‘‘Combating Global Wages Program to create new jobs; tax relief sembly. Warming Through Sustainable Transportation for NOAH, an organization that provides af- Upon his retirement from public office in Policy.’’ He is frequently asked to provide tes- fordable housing to more than 400 families in 1994, the main train station in San Jose was timony to Congressional Committees. Diridon has received published recognition the Glades; $249,000 for the renovation of the renamed ‘‘The Diridon Station’’ in his honor. and numerous awards for his contributions Lake Park Library; $500,000 for the St. Mary’s He currently heads the Norman I. Mineta and has served on numerous organizations Medical Center Children’s Emergency Room Transportation Institute at San Jose State Uni- committed to community service at the na- Wing; $500,000 for Home Safe; and $100,000 versity, and is a former chairman of the board for project SOAR Healthy Mothers/Healthy Ba- of the High Speed Rail Authority. tional, state, regional and local levels. He has bies. Rod’s service to his community and country been most involved with transportation, the Moreover, Ms. Green has helped to secure started much earlier in his life. From 1963 to environment, arts and human rights fund-rais- funding for projects beneficial to the Palm 1967 he served in the U.S. Navy as a Fleet ing and advocacy. Beach community such as an aquatics facility Officer and Combat Duty Officer in Vietnam. f in Riviera Beach, the Dan Calloway Recre- In 1969, Diridon founded the Diridon Re- INTRODUCING THE NATIONAL ation Complex, the Northwest Community search Corporation, later renamed Decision COMMISSION ON EMPLOYMENT Center, the Spady House Museum and C. Research Institute (DRI) in 1972. DRI con- AND ECONOMIC SECURITY ACT Spencer Pompey Amphitheater in Delray ducted market research, needs assessment OF 2009 Beach, the Wilson Recreation Center and Pool surveys and legislative consulting throughout Renovation, the 1916 County Courthouse the United States. As founder and president Restoration, and the 4–H Community Gar- he developed a ‘‘shared survey’’ research pro- HON. ALCEE L. HASTINGS OF FLORIDA dens. She arranged recreational and cultural cedure subsequently adopted by the UNICEF IN THE HOUSE OF REPRESENTATIVES funding in support of Heritage Fest, Children’s of the United Nations. Outreach, Mt. Olive Community Outreach His political career began in 1972 as the Thursday, April 23, 2009 Center, Roots Festival, the Soul of Delray, An- youngest person ever elected to the Saratoga Mr. HASTINGS of Florida. Madam Speaker, nual Jazz & Blues Festival in Riviera Beach, City Council. He retired because of term limits, I rise today to introduce the National Commis- Salvation Army, Teen Partnership Coalition, after completing 20 years and six terms as sion on Employment and Economic Security Operation Hope, and a host of school-based chairperson of both the Santa Clara County Act of 2009. programs. Board of Supervisors and Transit Board. He is This legislation is a necessary and vital in- With the concerted efforts of many individ- the only person to have chaired the San Fran- vestment in the people of the American work- uals and business leaders in the community, cisco Bay Area’s (nine counties and 104 cit- force and their families. This bill will establish Ms. Green was able to organize the first ies) three regional governments: the Metropoli- a national commission to examine issues of Homeless Task Force for Palm Beach County. tan Transportation Commission, the Bay Area economic and psychological insecurity within In 2007, she was named ‘‘Commissioner of Air Quality Management District, and the As- our workforce that have been caused by em- the Year’’ by the Florida League of Cities for sociation of Bay Area Governments. ployment displacement. Further, it will propose her extraordinary efforts of presiding over To find the basis for Rod’s call to public solutions, including recommendations for legis- tough County transitions and improved rela- service, one need only look at his family’s lative and administrative action, to Congress tionships with cities throughout South Florida. roots. Rodney John Diridon was born in and the President.

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10620 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 23, 2009 Since the recession began in December SISTERS OF ST. JOSEPH CELE- I believe that keeping the family ties alive 2007, more than 5.1 million jobs have been BRATE 125 YEARS OF MINISTRY and allowing family members to assist one an- lost. Last month, the national unemployment other are essential for Cuban citizens’ quest rate reached an unprecedented 8.5 percent, HON. RICHARD E. NEAL for reform and a critical step towards the build- the highest it has been since the recession of OF MASSACHUSETTS ing of a trustworthy relationship. Cuban-Americans are the best ambas- 1983 and it is much higher in many states like IN THE HOUSE OF REPRESENTATIVES Florida, at 9.7 percent, and it has topped 12.6 sadors to the Cuban people for democracy’s percent in Michigan. Thursday, April 23, 2009 core values. Diplomatic relations can begin with familial and cultural exchanges. This is Over the past year, unemployment rates Mr. NEAL of Massachusetts. Madam Speak- especially true with Jazz music, which has al- have increased in all 50 states and the District er, I rise today to celebrate the 125th Anniver- sary of the Sisters of St. Joseph. I would like ways shown the sense of freedom. of Columbia. The scope of the economic Cuba has a rich musical tradition that has downturn is so large that its impact is felt vir- to share some local history as provided by the Springfield Diocese. many admirers throughout the World, particu- tually everywhere along the economic spec- larly in America. As more Cuban-Americans trum. The Sisters of St. Joseph of Springfield were founded in 1883 following a request by travel to Cuba, there will be increased oppor- While Americans lose their jobs and their in- the pastor of St. Patrick’s in Chicopee Falls. tunities to access this rich tradition. Reaching comes shrink, too often, they face the loss of He needed help starting a parish school and out in an effort to expand our common interest their family’s health insurance and, subse- so seven sisters from the New York Con- in culture and the arts will deepen our under- quent to the loss of income, even their hous- gregation moved to the Springfield Area. The standing of one another and serve as a bridge ing. According to a September 2008 survey by small community grew slowly but steadily builder to more substantial bilateral relations. In that spirit, I would like to submit this let- the American Psychology Association, 80 per- while educating poor immigrant children in ter, from the US-Cuba Cultural Exchange, into cent of Americans say the economy is a sig- central and western Massachusetts and the RECORD. This letter, written last March, nificant cause of stress, an increase from 66 Rhode Island. urges the President to build a respectful and percent since April 2008. Perhaps even more By the mid 1960s, the ranks of the Spring- critical dialogue between the United States disturbing, calls to the National Suicide Pre- field Congregation swelled to over one thou- and Cuba through cultural exchange. vention Lifeline have increased by more than sand women. The group had founded or US-CUBA CULTURAL EXCHANGE, 20 percent from January 2008 to January staffed sixty schools and had established the 2009. Albuquerque, New Mexico, March 3, 2009. Elms College. President BARACK OBAMA, Madam Speaker, the mental health of the Following the Second Vatican Council, the The White House, American worker will be integral on the road to Sisters restructured their community life. Many Washington, DC. economic recovery and Congress must face moved out of convents and into small houses DEAR PRESIDENT OBAMA: We are artists, this problem head on and help the very people and apartments in local towns and cities. Their arts presenters, arts educators, cultural en- who are facing unemployment, loss of health ministries expanded as well. No longer limited trepreneurs and scholars, and cultural herit- age and policy professionals from diverse po- insurance, home foreclosure, stress, increased to schools, the Sisters worked in prisons, par- litical persuasions. We have been adversely violence, and depression. It is time that we ishes, homeless shelters and other social affected by the cultural embargo imposed by create this Commission and get our nation services. the U.S. government against both Cuban and back on track. In the mid 1970s, the Sisters of St. Joseph American artists and cultural institutions. We have a solemn responsibility to ensure of Fall River merged with the Springfield Con- We are writing to request that you make gregation. In 2001, the Sisters of St. Joseph of concrete changes in U.S. policy towards the greatest possible assistance to the Amer- Cuba that will allow for the uninhibited flow ican workforce, whose commitment to eco- Rutland, Vermont joined the community which also covers Worcester, the Berkshires, Rhode of art, culture, information, ideas and de- nomic participation has been a defining fea- bates, as well as travel by artists, cultural ture of the cultural fabric of our country. I urge Island and even Louisiana and Uganda. workers and professionals, and arts and cul- my colleagues to support this legislation. Today, the Springfield Congregation of about tural aficionados between the two countries. 300 Sisters continues to serve the people of U.S. policies towards Cuba—worsened f God through a variety of Ministries. many times over by the previous administra- Today we salute the Sisters of St. Joseph tion and criticized throughout the world— HONORING DELANE GOWER for 125 years of ministry as educations, pas- have prevented us from engaging in critical toral ministers, innovators, evangelizers and communication and collaboration with our KINZLER Cuban counterparts, compromising our na- social justice ministers. We thank the Sisters tion’s cherished ideals of freedom of expres- for their loving service to our communities. sion and preventing cultural interchange be- HON. SAM GRAVES The Sisters of Saint Joseph have provided tween two societies that share a historic re- quality, values-based Catholic education to lationship lasting over two centuries. OF MISSOURI countless students and we are grateful for In 2007 we requested policy changes from IN THE HOUSE OF REPRESENTATIVES their immeasurable impact. the Bush Administration so that respectful, critical dialogue and principled exchange Thursday, April 23, 2009 f could take place between the peoples of Cuba COMMENDING THE PRESIDENT OF and the United States and our respective Mr. GRAVES. Madam Speaker, I proudly THE UNITED STATES ON ALLOW- governments. Our petition fell on deaf ears. pause to recognize Delane Gower Kinzler, a ING FAMILY TRAVEL TO CUBA As citizens, artists, scholars, educators and very special young man who has exemplified cultural workers from all artistic practices the finest qualities of citizenship and leader- and from advocacy and service organizations ship by taking an active part in the Boy Scouts HON. JOHN CONYERS, JR. in the arts, we now call upon your Adminis- OF MICHIGAN tration to: of America, Troop 345, and in earning the 1. open a respectful dialogue with the gov- most prestigious award of Eagle Scout. IN THE HOUSE OF REPRESENTATIVES ernment and people of Cuba in accord with Delane has been very active with his troop Thursday, April 23, 2009 established protocols supported by the com- munity of nations; participating in many scout activities. Over the Mr. CONYERS. Madam Speaker, I rise many years Delane has been involved with 2. end the travel ban that prevents U.S. today to commend the President for his lead- citizens from visiting Cuba, and allow for Scouting, he has not only earned numerous ership and commitment to improve the United Cuban artists and scholars to visit the merit badges, but also the respect of his fam- States’ relationship with Cuba. United States, thus eliminating the censor- ily, peers, and community. Lifting restrictions on family members’ trav- ship of art and ideas, and Madam Speaker, I proudly ask you to join els to the island and removing restrictions on 3. initiate, by working with the U.S. Con- gress, a process that can result in the devel- me in commending Delane Gower Kinzler for remittances to Cuban families responds to opment of normal, respectful bilateral rela- his accomplishments with the Boy Scouts of both Cuban-American and Cubans’ needs as tions between our countries. America and for his efforts put forth in achiev- well as it builds bridges between the American The artistic and cultural communities in ing the highest distinction of Eagle Scout. and the Cuban people. the United States and in Cuba are catalysts

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10621 of imagination and creativity. We are com- CONGRATULATORY TRIBUTE TO commend and congratulate Dr. Cowan on an mitted to serve as bridges for our fellow citi- DR. LARICE Y. COWAN ON THE outstanding career and wish her well in all of zens. Now, we need our government to take ACCESSION OF HER RETIREMENT her future endeavors. leadership and re-open the pathways of ex- AS ASSISTANT CHANCELLOR change. AND DIRECTOR OF THE OFFICE f We look forward to working with you to OF EQUAL OPPORTUNITY AND HONORING SEAN IAN O’REAR advance the interests of the United States ACCESS AT THE UNIVERSITY OF and of Cuba. ILLINOIS CHAMPAIGN URBANA Sincerely, CAMPUS. HON. SAM GRAVES (Sampling of over 1,100 signatures from arts OF MISSOURI & culture as of March 2, 2009) HON. DANNY K. DAVIS IN THE HOUSE OF REPRESENTATIVES Patch Adams; Michael Alexander, Exec OF ILLINOIS Thursday, April 23, 2009 Dir, Grand Performances* & Chair, IN THE HOUSE OF REPRESENTATIVES Mr. GRAVES. Madam Speaker, I proudly California Arts Council*; Stuart A. Thursday, April 23, 2009 Ashman, Cabinet Secretary, State of pause to recognize Sean Ian O’Rear, a very New Mexico Cultural Affairs; Stephen Mr. DAVIS of Illinois. Madam Speaker, I rise special young man who has exemplified the Bailey, Executive Director/CEO, Grand to pay tribute to Dr. Larice Cowan, a fellow finest qualities of citizenship and leadership by Opera House; Amiri & Amina Baraka; alumnus from the University of Arkansas at taking an active part in the Boy Scouts of Harry Belafonte; Laura Bickford, Film Pine Bluff who has distinguished herself as an America, Troop 145, and in earning the most Producer; Beth Boone, Artistic & Exec- outstanding academician and practitioner in prestigious award of Eagle Scout. utive Director, Miami Light Project; the field of human relations and affirmative ac- Sean has been very active with his troop Jackson Browne, Songwriter; Jimmy tion. Dr. Cowan graduated from the University participating in many scout activities. Over the Cobb, NEA Jazz Master, Drums; James of Arkansas at Pine Bluff with a Bachelor of many years Sean has been involved with Early, Artists & Intellectuals in De- Arts Degree in Sociology in 1971; she subse- Scouting, he has not only earned numerous fense of Humanity; Charles Fishman, quently earned a Masters Degree in Social merit badges, but also the respect of his fam- Executive Producer, Duke Ellington Work at the University of Arkansas at Little ily, peers, and community. Jazz Festival; Danny Glover, Activist- Rock, and a PhD in Educational Policy Stud- Madam Speaker, I proudly ask you to join Actor; Charlie Haden, Educator/Musi- ies from the University of Illinois at Cham- me in commending Sean Ian O’Rear for his cian; Herbie Hancock, Musician/Chair- paign. man, Thelonious Monk Institute of accomplishments with the Boy Scouts of Dr. Cowan began her career in civil rights Jazz.* America and for his efforts put forth in achiev- Donald Harrison, Musician & Composer; and human rights as Director of the Commu- ing the highest distinction of Eagle Scout. Louis Head, US-Cuba Cultural Ex- nity Relations Department for the City of change; Oscar Hernandez, Musician/ Champaign, where she pioneered cooperative f Composer; Mike Kappus, President, relationships between Champaign Police De- The Rosebud Agency; Robert Kraft, partment and the community. She partnered COMMEMORATING ARMENIAN President, Fox Music; Vivien Lesnik with a Lieutenant in the police department and GENOCIDE REMEMBRANCE DAY Weisman, Filmmaker; Sandra two university professors to produce a re- Levinson, Director, Cuban Art Space/ search document titled ‘‘Police-community Re- HON. GARY C. PETERS Center for Cuban Studies; Bill lations: A Process, not a Product’’, this re- OF MICHIGAN Martı´nez, Arts Attorney & Presenter, search actively is credited with helping to IN THE HOUSE OF REPRESENTATIVES Martı´nez & Associates; Graham Nash; change police and citizens interaction within Lukas Nelson, Musician; Arturo the City of Champaign. Thursday, April 23, 2009 O’Farrill, Musician & Founder, Afro After coming to the University of Illinois, Dr. Mr. PETERS. Madam Speaker, I rise today Latin Jazz Alliance & 2009 Grammy Cowan devoted her life to a career in affirma- to commemorate the Armenian Genocide Re- Award Winner; Michael Orlove, Senior Program Dir, Chicago Department of tive action and diversity. As Assistant Vice membrance Day, which is observed by com- Cultural Affairs; Eddie Palmieri; Chancellor for Administration and Director of munities around the world on April 24th. It is Armando Peraza, Musician; Dafnis Affirmative Action for staff, she led the campus of great importance that atrocities past are not Prieto, Musician. in establishing policies and procedures to ad- forgotten, but rather serve as a solemn re- Bonnie Raitt, Musician & Activist; vance campus affirmative action for faculty minder of the importance of our continued vigi- Awilda Rivera, Radio Personality, and staff. As Assistant Chancellor and Director lance and opposition to genocide today. WBGO-Jazz 88; Tito Rodriguez, Jr., Mu- of OEOA, she introduced the first major cam- On April 24, 1915, the Ottoman Empire ar- sician, Tito Rodriguez, Jr. Orchestra; pus-wide diversity program which was at- rested Armenian intellectuals and community Ann Rosenthal/Cathy Zimmerman, Co- tended by Deans, Directors, and department leaders in Constantinople, marking the begin- Dirs, MAPP International Productions; heads and instrumental in the development of ning of an eight year campaign against Arme- David Rubinson, Music Producer; Pon- the first video produced on sexual harassment nian civilians. By the genocide’s end in 1923, cho Sanchez, Musician; Carlos prevention and the presentation of a series of roughly one and a half million unarmed men, Santana, Musician; Pete Seeger; Scott campus programs on sexual harassment pre- women and children were rounded up, Southard, Director, International vention. Currently, Dr. Cowan oversees the stripped of all their possessions and means of Music Network; Mavis Staples and Yvonne Staples, Singers; Ned Sublette, university’s affirmative action policies and pro- support, and sent on death marches or to con- Independent Scholar; Yosvany Terry, cedures, including companies such as The centration camps. Saxophonist & Composer; Dave Americans with Disabilities Act: the investiga- Nearly a century later, these events still res- Valentin, Latin Jazz Artist & Grammy tion of internal and external complaints of al- onate across the world. I am proud of the Award Winner; Jesse ‘‘Chuy’’ Varela, leged discrimination filed with federal and United States’ strong and continued history in Broadcaster/Writer, KCSM–FM 91/SF state civil rights agencies, the development standing up to and opposing genocide. I am Chronicle; Howard Zinn, Author & and implementation of educational programs proud to join with so many of my colleagues Playwright. on diversity inclusion, sexual harassment pre- who have weighed in on this issue and have vention, disability issues and related topics for called on Turkey and Armenia to have an faculty and staff to improve campus climate open and honest dialogue about their past. and to facilitate campus and community out- Madam Speaker, as we observe the Arme- reach and interaction. Dr. Cowan is active in nian Genocide Remembrance Day, it is impor- her local community where she serves on sev- tant that we pay our respects to the hundreds eral boards dealing with education, substance of thousands of lives senselessly lost. My abuse, women’s issues and civil rights. She thoughts and prayers on this day will be with has received numerous awards and citations the Armenian community in Oakland County, for her outstanding work. I am pleased to Michigan and throughout the world.

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10622 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 23, 2009 INTRODUCTION OF KINGMAN AND HONORING PEGGY COLLIER flew 25 World War II missions against Japan HERITAGE ISLAND ACT OF 2009 in a B–29 Superfortress. In his last mission in HON. ADAM H. PUTNAM the bomber, he was shot down off the coast HON. ELEANOR HOLMES NORTON OF FLORIDA of Japan but was able to parachute out of the OF THE DISTRICT OF COLUMBIA IN THE HOUSE OF REPRESENTATIVES plane and was rescued by a submarine. IN THE HOUSE OF REPRESENTATIVES Thursday, April 23, 2009 After Lt. Gen. Pitt’s heroic service during Thursday, April 23, 2009 Mr. PUTNAM. Madam Speaker, today I rise World War II, he was steadily promoted and Ms. NORTON. Madam Speaker, the King- to honor a local civil servant. Ms. Peggy Col- earned three stars. He served as a NATO man and Heritage Islands Act of 2009 will lier has served as a crossing guard at High- commander in Turkey, four tours at the Pen- make it possible for the District of Columbia, lands City Elementary School for forty years tagon and also as a diplomat in Cuba, Haiti, the Army Corps of Engineers and environ- come this May of 2009, when she will retire. mental education groups to develop Kingman the Dominican Republic, England and Taiwan. Ms. Collier began her career on May 1, 1969 and Heritage Island as a center for environ- In 1972, Lt. Gen. Pitts returned to March Air and has since rarely missed a day of work. No mental education, a recreation site, and for Force Base as the Commander of the 15th Air matter the weather, almost nothing prevented restoration of the Anacostia River eco-system. Force. His military decorations and awards in- Kingman and Heritage Islands were created this local Highway 98 icon from helping usher clude the Distinguished Service Medal, Legion our children into their school day. by the Army Corps of Engineers in the 1920’s of Merit with an oak leaf cluster, Distinguished I wish to congratulate Ms. Collier for a long, as part of the Anacostia Tidal Flats Reclama- Flying Cross with one oak leaf cluster, Air tion project and were managed by the U.S. successful career and I wish her well in retire- ment. Medal with three oak leaf clusters, Air Force Department of the Interior/National Park Serv- Commendation Medal with one oak leaf clus- ice (NPS) through 1996. At the request of the f ter, the Distinguished Unit Citation Emblem District, Congress dedicated the two islands to HONORING JOSH GREATHOUSE a child-oriented theme park in the National with one oak leaf cluster and the Purple Heart. Children’s Island Act of 1995. This Act trans- In 1975, Lt. Gen. Pitts retired from the Air ferred title of certain NPS property in Ana- HON. SAM GRAVES Force and he and his wife, Doris, made River- OF MISSOURI costia Park to the District of Columbia (Dis- side their permanent home in the 1990s. He IN THE HOUSE OF REPRESENTATIVES trict). These properties included Heritage Is- was active in the March community during his land and a portion of Kingman Island located Thursday, April 23, 2009 retirement, helping to keep the base open dur- within the District. However, the law includes Mr. GRAVES. Madam Speaker, I proudly ing the Base Realignment and Closure proc- a reversionary provision to the Department of pause to recognize Josh Greathouse a very Interior if a theme park was not built, necessi- ess. In honor of his efforts, March erected a special young man who has exemplified the tating this bill. stone post at the parade grounds on the base. As times have changed, the District no finest qualities of citizenship and leadership by He was also a board member of the March longer believes that a theme park is the high- taking an active part in the Boy Scouts of Field Museum. est and best use of the space. Instead, the America and in earning the most prestigious award of Eagle Scout. Doris Mansfield Pitts was born in New York District announced plans to use Kingman Is- City on January 17, 1924. She was the only land as part of an initiative to help revitalize Josh has been very active with his troop daughter of Lillian and John Mansfield, a the River. The bill calls for a unique environ- participating in many Scout activities. Over the mental natural reserve park to restore the eco- many years Josh has been involved with Spanish American War veteran and news- system, provide usable open space for resi- Scouting; he has not only earned numerous paper executive. She attended Barnard School dents and visitors, and environmental edu- merit badges and performed volunteer work in New York and worked for IBM during World cation, including a September 11th Remem- for soldiers, but has also earned the respect of War II. She met her husband at West Point brance Grove. In my view, this is an even his family, peers, and community. and they were married following the war on more appropriate use for Kingman Island. This Madam Speaker, I proudly ask you to join December 22, 1948. She served her country me in commending Josh Greathouse for his use also buttresses my own work in the Con- as a supportive military wife, joining and com- gress on the Anacostia River, particularly the accomplishments with the Boy Scouts of America and for his efforts put forth in achiev- plimenting her husband throughout his highly Anacostia Watershed legislation, which successful military career. Doris relocated her Congess has passed and whose implementa- ing the highest distinction of Eagle Scout. family settling in more than 15 locations during tion is now underway. f A renovated pedestrian bridge now provides their time in the Air Force. Doris was a loving TRIBUTE TO LIEUTENANT access to these islands for environmental pro- wife, mother of three daughters and grand- GENERAL WILLIAM F. PITTS grams and the general public. Over 40 acres mother to four grandchildren. of tidal marsh in Kingman Lake are currently On December 22, 2008, Lt. Gen. Pitts cele- being restored through the combined efforts of HON. KEN CALVERT brated his 60th anniversary with his wife Doris. the Army Corps, the District and local environ- OF CALIFORNIA Lt. Pitts and Doris are survived by their daugh- mental teaching groups. The renovated is- IN THE HOUSE OF REPRESENTATIVES ters Dale, Alisha and Linda; sister Nanetta At- lands will include a particularly appropriate Thursday, April 23, 2009 memorial tree grove dedicated to the three kinson; and four grandchildren. District of Columbia schoolchildren who were Mr. CALVERT. Madam Speaker, I rise to As we look at the incredibly rich military his- victims of the September 11 terrorist attack. pay tribute to a hero from my congressional tory of our country we realize that this history district, Lieutenant General William F. Pitts Self-guided trails and interpretive stations will is comprised of men like Lt. Gen. Pitts who and his wife, Doris Pitts. Today, I ask that the instruct visitors about the abundant natural bravely fought for the ideals of freedom and history of the Anacostia River and will track House of Representatives honor and remem- democracy. Each story is unique and hum- contemporary efforts to restore the river’s wild- ber these two incredible people who dedicated life, habitats and water quality. their lives in service to our country. On Tues- bling for those of us who, far from the dangers This non-controversial, no-cost bill will have day, December 30, 2008, Lt. Gen. Pitts they have faced, live our lives in relative com- a positive effect on the deteriorating ecology passed away at the age of 89. Doris followed fort and ease. In the case of Lt. Gen. Pitts, he of the region. Because the bill involves a Dis- eight weeks later on March 1, 2009. was blessed to have the love and strength of trict of Columbia property, it has little national Lt. Gen. Pitts’ father was a career military his wonderful wife to help him along the way. significance except for residents of the region officer. Lt. Gen. Pitts was born at March Field Lt. Gen. Pitts and Doris Pitts were dear friends and visitors to the nation’s capitol. The bill will Hospital, located in Riverside, California, on and above all, they were patriots. They will serve all who are here or are visiting and Thanksgiving Day 1919. When he was 10 both be sorely missed but their legacy and years old, Lt. Gen. Pitts took his first airplane therefore I intend to ask that the bill be put on service to our great nation will always be re- the suspension calendar after review by the ride and vowed to become an Air Force pilot. membered. appropriate committee. In 1943, he graduated from West Point and

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10623 HONORING DOMINIC PALUMBO FOR I would be remiss if I did not take this op- exist in the world. The troubling events from A LIFETIME OF SERVICE portunity to extend my sincerest thanks to this past week’s United Nations Summit on Dom for his many years of special friendship. Racism in Geneva reinforce even more the HON. ROSA L. DeLAURO Today along with his wife, Judith; his four chil- need to mark this day. Iranian President OF CONNECTICUT dren, Richard, Robert, Ronald and Raymond; Ahmadinejad’s remarks remind us that we IN THE HOUSE OF REPRESENTATIVES and his four granddaughters, we pay tribute to need to remain vigilant about hate and misin- Dominic Palumbo—a remarkable individual formation. He has repeatedly distorted facts Thursday, April 23, 2009 whose innumerable contributions have set an and denied that the Holocaust even existed. Ms. DeLAURO. Madam Speaker, it gives example of community service to which we As citizens of the world, we remain alert and me great pleasure to rise today to join the should all strive. ensure that dictators and despots are never North Haven Democratic Town Committee as f again able to commit genocide against any well as the many family, friends, and commu- people in any corner of the globe. nity leaders who have gathered to pay tribute HONORING MICHAEL ANGELO In honor of their memory and to protect gen- to an outstanding member of our community HARTER erations to come, we must never forget. and a man I am honored to call my friend, f Dominic Palumbo. Entrepreneur, community HON. SAM GRAVES INTRODUCTION OF THE SOUTH- leader, mentor, and friend, Dom has left an in- OF MISSOURI EAST ALASKA NATIVE LAND EN- delible mark on our community. IN THE HOUSE OF REPRESENTATIVES TITLEMENT FINALIZATION ACT Dom has dedicated a lifetime of service to Thursday, April 23, 2009 the town of North Haven, the State of Con- necticut and our nation. Born and raised in Mr. GRAVES. Madam Speaker, I proudly HON. DON YOUNG New Haven, Connecticut, Dom joined the Mer- pause to recognize Michael Angelo Harter a OF ALASKA chant Marines and later the armed forces very special young man who has exemplified IN THE HOUSE OF REPRESENTATIVES where he fought in both World War II and the the finest qualities of citizenship and leader- Thursday, April 23, 2009 Korean War. Upon his return from military ship by taking an active part in the Boy Scouts of America, Troop 145, and in earning the service, Dom and his family settled in North Mr. YOUNG of Alaska. Madam Speaker, most prestigious award of Eagle Scout. Haven where he began a successful business, today I, along with my distinguished col- Michael has been very active with his troop North Haven Ceramic & Tile, and soon be- leagues, Mr. ABERCROMBIE, Mr. participating in many Scout activities. Over the came an institution in town. FALEOMAVAEGA, Mr. BOREN and Mr. SHULER in- many years Michael has been involved with There are few who demonstrate the depth troduce the Southeast Alaska Native Land En- Scouting, he has not only earned numerous of commitment to their community as Dom has titlement Finalization Act. This legislation will merit badges, but also the respect of his fam- over the years. When he made North Haven redress the inequitable treatment of the Native his home, he quickly became involved in local ily, peers, and community. Madam Speaker, I proudly ask you to join Regional Corporation for Southeast Alaska, issues and is perhaps best known in town for Sealaska Corporation, by allowing it to select his enduring presence on the Planning and me in commending Michael Angelo Harter for his accomplishments with the Boy Scouts of its remaining land entitlement under Section Zoning Commission. The Planning and Zoning 14 of the Alaska Native Claims Settlement Commission is one of those local boards America and for his efforts put forth in achiev- ing the highest distinction of Eagle Scout. Act, ANCSA, from designated Federal land in which have a significant impact on the town as Southeast Alaska. its responsibilities include the oversight of the f In 1971, Congress enacted ANCSA to rec- overall development of a community—bal- HOLOCAUST REMEMBRANCE DAY ognize and settle the aboriginal claims of Alas- ancing the often competing demands of ex- ka Natives. ANCSA allocated 44 million acres pansion and the quality of life for its residents. HON. CAROLYN McCARTHY and nearly $1 billion to Alaska’s Native peo- Dom served on that board for more than thirty OF NEW YORK ple, to be managed by the 12 Regional Cor- years, at least ten of which as its Chairman, porations, including Sealaska, and more than IN THE HOUSE OF REPRESENTATIVES and in doing so helped to shape the very 200 Village Corporations. While Sealaska is character of his community as it has grown. Thursday, April 23, 2009 one of the Regional Corporations with the Dom’s contributions stretch far beyond the Mrs. McCARTHY of New York. Madam largest number of Native shareholders, with 21 town of North Haven. Over the course of his Speaker. Today, I wish to join with my friends, percent of all original Native shareholders, life he has been involved in countless service family, and colleagues as we remember the Sealaska received the smallest Regional Cor- and civic organizations which include serving murder of more than 6 million Jews and others poration land settlement, which was less than as Director of the Quinnipiac Council of the killed during the Holocaust. Their memory 1 percent of the total of all ANCSA lands. Boy Scouts of America, a supporter of the must be preserved and the atrocities com- Now, nearly four decades since ANCSA’s pas- Special Olympics, a sponsor of several Little mitted by the Nazis and their accomplices sage, Sealaska is still without their full land League and Midget Football teams, as well as must be noted in order to ensure that such entitlement. a founding member of the North Haven High crimes against humanity will never be re- It remains critical that Sealaska complete its School Sports Hall of Fame. The myriad of peated remaining land entitlement under ANCSA to awards, commendations, and honors that he We should also take time to remember the continue to meet the economic, social and cul- has received from groups ranging from the millions of others systematically murdered by tural needs of its Native shareholders, and of Knights of Columbus to the National Multiple the Nazis, including Gypsies, Poles, the handi- the Native community throughout Alaska. Sclerosis Society are a testament to the dif- capped, homosexuals, Jehovah’s witnesses, The Bureau of Land Management projects ference that he has made. political dissidents and prisoners of war. that Sealaska is entitled to receive between Dom has long been a political leader in the This year, we recognize in particular the one 355,000 and 375,000 acres pursuant to North Haven community. As a founding mem- and a half million children who perished during ANCSA. To date, over 35 years after ber of the town’s Democratic Town Com- the Holocaust. It is estimated that mere thou- ANCSA’s enactment, Sealaska has secured mittee, Dom has spent long hours advising sands survived. Many of the survivors still with conveyance of 290,000 acres. Accordingly, and supporting candidates as they seek elect- us today were children during the Second there are up to 85,000 acres remaining to be ed office—in North Haven and across the World War and lost many friends and rel- conveyed. However, ANCSA limits Sealaska state, at every level of government. As a long- atives. Decades later, the horrors of the Holo- land selections to withdrawal areas sur- time member of the Connecticut Democratic caust are still etched in their memory and they rounding certain Native villages in Southeast State Central Committee, he has also helped serve as a reminder of the vulnerability of chil- Alaska. The problem is that there are no lands to shape Connecticut’s Democratic Party. His dren in times of war. We must ensure that we remaining in these withdrawal areas that meet commitment to public service and to improving protect those in every corner of the world that Sealaska’s traditional, cultural, historic, or so- his community has been an inspiration to can- cannot defend themselves. cioeconomic needs, and certain portions of didates as they sought his guidance and direc- More than 60 years have passed since the those lands should more appropriately remain tion. Holocaust, yet racism and anti-Semitism still in public ownership.

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10624 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 23, 2009 The selection limitations preclude Sealaska United States but also include excursions as I also want to take this opportunity to re- from using any of its remaining ANCSA land far away as Alaska and Florida, serve to edu- member our dear friend and colleague Chair- settlement to select places of sacred, cultural, cate and develop character amongst partici- man Tom Lantos, who passed away last year. traditional, and historic significance located pants. The only Holocaust survivor elected to Con- outside the withdrawal areas that are critical to Boy Scout Troop 127 is currently led by The gress, Tom translated his horrific experience facilitate the perpetuation and preservation of Reverend Wayne Lowe, Jr., Charles Q. Smith, into a lifetime commitment to Holocaust edu- Alaska Native culture and history. Moreover, and Scoutmaster Donn Schoonover. The lead- cation and the fight against anti-Semitism. selection from the withdrawal areas would not ership of these gentlemen and those that led As the generations who survived the Holo- allow Sealaska to meet the purposes of the Troop in the past has inspired more than caust pass away, we must make sure that ANCSA, which is to create continued eco- 125 youth to achieve the rank of Eagle Scout. new generations know the horrors of that ter- nomic opportunities for the Native people of Troop 127’s contribution to the community rible time. We must also make sure that those Southeast Alaska. Further, more than 40 per- and to Pennsylvania as a whole is without who would deny the existence of the Holo- cent of the original withdrawal areas are salt question. Troop 127’s proud tradition of 90 caust do not have the ability to rewrite history. water and, therefore, not available for selec- years of Scouting service to the Greater Unfortunately, many young people around tion. Chambersburg and Franklin County Commu- the country have not learned about the Holo- Despite the small land base in comparison nities embodies the spirit of Scouting and caust because their schools do not have the to all other Regional Corporations, Sealaska serves to encourage Pennsylvania’s boys to funds or tools to teach about this tragic event has provided significant economic benefits to work hard and give back to their community. in world history. We need programs in our not only Sealaska Native shareholders, but I congratulate Troop 127 in their celebration of schools that allow students to learn about the also to the other Native Corporations through- the 90th anniversary of such a wonderful orga- consequences of intolerance and hate. out Alaska. Pursuant to a revenue sharing nization, as it has brought a greater apprecia- The most effective way to counter prejudice, provision in ANCSA, Sealaska distributes con- tion to our area and has surely been an asset hate crimes and violence is through education: siderable revenues derived from its timber de- to the community. the best investment a society can make to- velopment—more than $315 million between f wards ensuring tolerance. 1971 and 2007—to the other Native Corpora- The Simon Wiesenthal Holocaust Education HONORING GARRISON WESLEY tions. Unless it is allowed to select land out- Assistance Act is a positive step toward that PRIDDLE side of the designated withdrawal areas, end. Sealaska will not be able to select land that f would allow it to maintain its existing resource HON. SAM GRAVES development and management operations, or OF MISSOURI ON THE NINETY-FOURTH ANNI- provide continued economic opportunities for IN THE HOUSE OF REPRESENTATIVES VERSARY OF THE ARMENIAN the Native people of Southeast Alaska and Thursday, April 23, 2009 GENOCIDE economic benefits to the broader Alaska Na- Mr. GRAVES. Madam Speaker, I proudly tive community through the revenue sharing pause to recognize Garrison Wesley Priddle a HON. EDWARD J. MARKEY requirements under ANCSA. very special young man who has exemplified OF MASSACHUSETTS The legislation presents a solution that the finest qualities of citizenship and leader- IN THE HOUSE OF REPRESENTATIVES would allow Sealaska to complete the convey- ship by taking an active part in the Boy Scouts Thursday, April 23, 2009 ance of its land entitlement and enable the of America, Troop 145, and in earning the Federal Government to complete its statutory Mr. MARKEY of Massachusetts. Madam most prestigious award of Eagle Scout. Speaker, I rise to commemorate the 94th anni- obligation to the Natives of Southeast Alaska, Garrison has been very active with his troop versary of the Armenian Genocide, and to call, as promised under ANCSA. I thank my col- participating in many Scout activities. Over the once again, for the immediate passage of the leagues and urge your support for this impor- many years Garrison has been involved with Affirmation of the United States Record on the tant legislation for the Native people of South- Scouting, he has not only earned numerous Armenian Genocide Resolution. east Alaska. merit badges, but also the respect of his fam- Between 1915 and 1923, a campaign con- f ily, peers, and community. ceived and executed by the Ottoman Empire Madam Speaker, I proudly ask you to join TRIBUTE TO BOY SCOUT TROOP 127 forcibly deported nearly 2 million Armenians me in commending Garrison Wesley Priddle from their homes, resulting in the deaths of for his accomplishments with the Boy Scouts perhaps one and a half million innocents. HON. BILL SHUSTER of America and for his efforts put forth in While the target of this genocide was the Ar- OF PENNSYLVANIA achieving the highest distinction of Eagle menian people, it was indeed a crime against IN THE HOUSE OF REPRESENTATIVES Scout. all of humanity. Today, I would like to ask this Thursday, April 23, 2009 f House to remember this great crime, and to Mr. SHUSTER. Madam Speaker, I rise THE INTRODUCTION OF THE commit ourselves once again to the absolute today to recognize the accomplishments of SIMON WIESENTHAL HOLOCAUST abolishment of genocide wherever it is com- Boy Scout Troop 127 as it celebrates its 90th EDUCATION ACT mitted. anniversary on April 18, 2009. Troop 127 has The history surrounding this issue is clear. played a crucial role in developing the char- HON. CAROLYN B. MALONEY Genocide did occur, and ushered in what was acter of over 1,000 boys, and continues to do OF NEW YORK to become possibly the most war-torn century so today with thirty-six Scouts. IN THE HOUSE OF REPRESENTATIVES of human history. Troop 127 was founded in 1919 (originally This House has had before it, for many as Troop 7) with the Presbyterian Church of Thursday, April 23, 2009 years now, a resolution which properly affirms Falling Spring as its sponsoring organization. Mrs. MALONEY. Madam Speaker, today, I the United States record on the Armenian The Reverend William L. Mudge was the first am pleased to re-introduce the Simon Genocide. I have been a strong supporter and Scoutmaster of Boy Scout Troop 7, which Wiesenthal Holocaust Education Act, along cosponsor of this resolution every Congress, began with 19 Scouts and grew to 46 by with Representatives ACKERMAN, BERMAN, and and I remain so today. It is long past time for 1925. Troop 127 has a long history of more HIGGINS. Named after a survivor of the Nazi this Congress to pass this resolution, which in than 60 years of continued summer camping death camps who dedicated his life to docu- the 111th Congress has been introduced as and service support to Keystone Area Coun- menting the crimes of the Holocaust, the legis- H. Res. 252. cil’s Hidden Valley Scout Reservation in lation would provide federal grants to Holo- The term ‘‘genocide’’ had not yet been Loysville, Pennsylvania. Their outdoor hiking caust organizations to teach today’s students coined in 1915, when the first Armenians were tradition includes extended trips across the about the Holocaust. I thank my friend Senator driven from their homes. The definition of this country, including, Mt. Katandin, Mt. Wash- MENENDEZ for introducing the Senate com- most profound crime against humanity came ington, and Pisgah National Forest. These out- panion bill this week as we commemorate Hol- in 1944 from Raphael Lemkin, a Polish Jew door adventures, which span the Eastern ocaust Remembrance Day. who survived the Holocaust by fleeing to

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10625 America after the fall of Warsaw to the Nazis. taking an active part in the Boy Scouts of past 64 years, his spirit, regrettably, is still In the wake of World War Two, in which most America, Troop 145, and in earning the most alive and very much alive in Geneva this of his family was lost in Hitler’s genocide prestigious award of Eagle Scout. week. As we have focused on Durban II, we have appropriately remembered Durban I, against the Jews, Lemkin led the international Derek has been very active with his troop where anti-Israeli propaganda initially inter- community to establish the United Nations participating in many scout activities. Over the twined with antisemitism. Whatever product Convention on the Prevention and Punishment many years Derek has been involved with the wordsmiths may come up with, the domi- of Genocide. Lemkin’s definitive example of Scouting, he has not only earned numerous nant forces in Geneva will have seen to it genocide? The crimes against the Armenians. merit badges, but also the respect of his fam- that the anti-Israel message of Durban I is April is Genocide Prevention Month, and it ily, peers, and community. reaffirmed. is only right that we have set aside a period Madam Speaker, I proudly ask you to join There is no doubt that Durban I and Dur- ban II are matters of serious concern. Yet, as of time every year to reflect upon the horrors me in commending Derek Tyler Cox for his we examine the context in which these UN- of the crime of genocide and to rededicate accomplishments with the Boy Scouts of sponsored conferences are held, we must nec- ourselves to ridding the earth of this scourge. America and for his efforts put forth in achiev- essarily come to the conclusion that the And even as we commemorate the Armenian ing the highest distinction of Eagle Scout. anti-Israel and antisemitic phenomenon of Genocide, we must also recognize the other f these meetings is only the tip of the UN ice- crimes being committed today, and redouble berg. Or, to use another metaphor, we deal at our efforts to stop them. Genocide is occurring RECOGNIZING THE ‘‘DURBAN II this Durban II meeting, as we did at Durban COUNTER CONFERENCE’’ I, with only a symptom of the debilitating today in the scorched towns of Darfur, in west- disease from which the UN suffers. ern Sudan. The genocide in Darfur is not new, The perfectly legitimate and highly wor- the crimes of the Sudanese government and HON. SHELLEY BERKLEY thy cause of opposition to racism, which is its militia allies are well known to all of us OF NEVADA the alleged reason for these gatherings, was here. As with the Armenian Genocide, there is IN THE HOUSE OF REPRESENTATIVES from the very start subverted by the totali- tarians that dominate the UN General As- no factual debate about what is happening in Thursday, April 23, 2009 Darfur. It is genocide. It is a crime against hu- sembly and who are making full use of the Ms. BERKLEY. Madam Speaker, I rise Assembly and its offshoots in their con- manity. And it must stop immediately. tinuing campaign against democracy, civil While much of this debate has been re- today to recognize the American Association of Jewish Lawyers and Jurists (AAJLJ), which liberties, and the rule of law. They are en- peated year after year, this year we find our- gaged in a campaign against the basic prin- selves in a particularly hopeful moment in re- organized the ‘‘Durban II Counter Conference’’ ciples of the Enlightenment, principles that gards to this decades-old conflict about what in New York City April 20–24, 2009, to provide were enshrined in the UN Charter. happened to the Armenians in the early 20th an honest and critical examination of issues of What we are witnessing now worldwide is the third major totalitarian attack on these century. Just yesterday, the governments of racism, racial discrimination, genocide, xeno- phobia, gender discrimination and religious principles. In its modern form the ideology Armenia and Turkey announced that, after a of democracy and human rights emanated year of intensive talks mediated by the gov- discrimination, in marked contrast to the hate- filled proceedings that occurred the same from the Netherlands in the 17th Century ernment of Switzerland and encouraged by and then spread to the United States, Eng- the Obama administration, they have ‘‘agreed week in Geneva. land, France, Germany in the 18th and 19th on a comprehensive framework for the nor- The Counter Conference commenced with Centuries, and beyond that region in the 20th malization of their bilateral relations.’’ This joint remarks by my distinguished colleague from Century. It is no longer a way of governing statement is an extremely important step for New York, Representative CAROLYN MALONEY, limited to the West. India, it is worth keep- ing in mind, has for many years been the Armenia and Turkey, and I commend both and included presentations by our parliamen- tary colleagues from Canada—Senator world’s largest democracy. Japan and South countries and their political leadership for the Korea are democracies and so are many courage they are showing today. The people Jerahmiel Grafstein and former minister Irwin Cotler—and Israel’s Deputy Permanent Rep- smaller non-Western countries. of Armenia and Turkey have lived far too long It is indeed appropriate that we are meet- with their bilateral relations in a state of sus- resentative to the United Nations, Daniel ing on the day that marks not only the open- pended animation. It is time for these two Carmon, along with prominent experts and ing of Durban II, but also the day once proud countries to stand together, in acknowl- human rights advocates from the academic known in Germany as the Geburtstag des Fuehrers, the birthday of the leader. For it edgement of the difficulties of the past, with and legal communities. The panels included topics that should be part of any serious dis- was Hitler who led the initial totalitarian confidence that old wounds can be healed, attack on the Enlightenment, turning first and with a profound commitment to a better cussion on racism, such as ‘‘A Look at Reli- gious Intolerance and Discrimination,’’ ‘‘Cur- on the democratic process in his own coun- future. try and then seeking to bring all of Europe Madam Speaker, I call upon this House rent Issues in Gender Discrimination,’’ and under his control. once again to pass H. Res. 252, the Affirma- ‘‘Genocide in Darfur, Rwanda and the Congo.’’ In the course of the 20th Century we expe- tion of the United States Record on the Arme- Too many of these topics are ignored in the rienced not only Hitler’s attack on the En- nian Genocide Resolution. I thank all of my UN and I am pleased that the Durban II lightenment, which led to World War II, but also Stalin’s repressive and expansionist colleagues for commemorating the 94th anni- Counter Conference focused on them. I want to particularly recognize the lead or- policies, which precipitated the Cold War. versary of the Armenian Genocide and joining Both World War II and the Cold War were together to reaffirm our commitment to end the ganizers of the event—AAJLJ president Ste- phen Greenwald, conference chair Robert conflicts resulting from profound differences crime of genocide wherever it is found. And on in ideology. And now, in the 21st Century, this spring day, at a time of rebirth and re- Weinberg and conference vice chair Marc we, whose way of life is based on the prin- newal, I commend Armenia and Turkey on the Landis, along with Ambassador Richard ciples of the Enlightenment, are the objects steps they are taking to fully normalize their Schifter, former United States Representative of the third totalitarian attack, an attack bilateral relations, and I urge them to complete to the United Nations Human Rights Commis- undertaken, strange as it may seem, by an informal de facto alliance of neo-fascists and this process as soon as possible. sion. Ambassador Schifter delivered the key- note address at the conference, entitled ‘‘The neo-communists, an alliance that unites f Third Totalitarian Threat,’’ which I would like to Mahmoud Akhmadinejad with Hugo Chavez. The proceedings in Geneva at the Durban HONORING DEREK TYLER COX insert into the CONGRESSIONAL RECORD. II meeting are vivid proof to the world of THE U.N.’S CHALLENGE TO DEMOCRACY—AD- what that new alliance seeks to accomplish. HON. SAM GRAVES DRESS BY RICHARD SCHIFTER, FORMER U.S. Under the mantle of opposition to racism, it REPRESENTATIVE IN THE U.N. COMMISSION seeks to attack the Western world and our OF MISSOURI ON HUMAN RIGHTS AND FORMER U.S. DEPUTY basic concepts of freedom. Its manipulation IN THE HOUSE OF REPRESENTATIVES REPRESENTATIVE IN THE U.N. SECURITY of significant human rights issues is well il- Thursday, April 23, 2009 COUNCIL TO THE DURBAN II ‘‘COUNTER-CON- lustrated by its approach to the issue of slav- FERENCE’’ AT FORDHAM LAW SCHOOL IN NEW ery. It is only the wrongful transatlantic Mr. GRAVES. Madam Speaker, I proudly YORK CITY ON APRIL 20, 2009 slave trade that is attacked. The slave trade pause to recognize Derek Tyler Cox, a very If Adolf Hitler had lived to 120, today in East Africa, undertaken by non-West- special young man who has exemplified the would be the day he died. While he has, for- erners, including Arabs, is deliberately omit- finest qualities of citizenship and leadership by tunately, not been bodily with us for the ted. Nor is there any mention in the Durban

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0689 Sfmt 0634 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10626 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 23, 2009 II drafts of the racist aspect of the current tities whose task it was to implement the ism with South African racism, many of the conflict in Darfur, which Colin Powell has UN’s commitment to humanitarian work, non-Muslim states of Africa were brought correctly characterized as genocidal. such as the World Health Organization, the into the new alliance. This was the first shot While there is a need for us to follow the United Nations Children Fund, and the Office in the drumfire that has continued at the UN Durban II proceedings closely for what they of the United Nations High Commissioner for to this very day. reveal regarding the agenda of the new to- Refugees, all three of which have done highly The government of Burundi of those days talitarians, we need also to recognize that useful work in their respective fields and are brought truly unique qualifications to the Durban II is just one forum of a much larger functioning well to this day. discussion of racism. In the preceding year, enterprise, an enterprise that makes full use The truly creative period of the UN Gen- the army of Burundi, led by Tutsis, had of the United Nations system to advance its eral Assembly came to an end around 1970. It killed about 100,000 Hutus, for no reason cause, the cause of the new totalitarianism. came to an end as a result of the extraor- other than their ethnicity. I should add that Israel, I submit, is the canary in the coal dinarily clever maneuvering of the totali- Burundi is a vastly different country today. mine. The new totalitarians view as their en- tarians represented at the UN and the failure In recent years its voting record on Israel-re- emies all those who are committed to the of the democracies to match their clever ma- lated issues at the UN has been one of the way of life that emanated from the Enlight- nipulations. From the founding of the UN better records. Still, the Burundi initiative enment. until the 1960s, the Soviet bloc had consist- of 1973, undoubtedly initiated by the anti- I have been around long enough to remem- ently been outvoted by the democracies at democratic clique, was the first effort to use ber the speech given by Emperor Haile the UN. That was now to come to an end. the issue of Israel to bring sub-Saharan Afri- Selassie of Ethiopia in 1936 at a session of As it was, the diplomats representing the can states into the anti-democratic bloc at the League of Nations Assembly to appeal Soviet Union and its East European sat- the UN. for action against Mussolini’s Italy, which ellites at the United Nations lacked the fi- In the memoir of his year at the UN, enti- had invaded his country. In his speech he nesse needed to succeed in a parliamentary tled A Dangerous Place Pat Moynihan warned: ‘‘It is collective security: it is the setting in which mere bluster would not suf- quotes from a letter that he had received very existence of the League of Nations. It is fice to win votes. But they found a close ally from Leon Gordenker, a professor of inter- the confidence that each State is to place in who had the skills needed to build a new ma- national relations at Princeton and an ex- international treaties. . . . In a word, it is jority bloc in the United Nations General As- pert on the United Nations, who had called international morality that is at stake.’’ The Emperor’s words were heard but no sembly. It was Fidel Castro. Moynihan’s attention to the Burundi initia- meaningful action was taken. The League Castro assembled a highly competent cadre tive in the fall of 1973. In 1975 Gordenker quietly faded from the world scene as World of diplomats, who took on the task of build- wrote Moynihan to complain about the fail- War II approached. It had failed in its mis- ing an international network of institutions ure of the United States to engage in a con- sion. When the League’s successor, the UN, that would operate in opposition to the certed effort at the UN to win votes: ‘‘Surely was created in 1945, it was hoped that it United States. Though he was clearly a government that can negotiate with China would function far better than its prede- aligned with the Soviet bloc, Castro got and the Soviet Union can organize enough cessor. It is now 64 years later. As we look at Cuba admitted to the Non-Aligned Move- persuasiveness to reduce the production of the UN Charter’s very first statement of pur- ment (NAM) and in due course turned the pernicious symbolism and to win the support pose for the United Nations, that of main- Non-Aligned and a parallel organization, the from sensible regimes for human rights.’’ taining international peace and security, we Group of 77 (G–77), into mouthpieces for the In his memoir Moynihan explains the rea- can hardly say that UN’s record in that field Moscow line. son for this failure: ‘‘American diplomacy has been a resounding success. International An important step on the way toward tak- put overwhelming emphasis on seeking morality remains at risk. ing control of the NAM and the G–77 organi- friendly relations with individual other The world’s inability to use the UN to ad- zations was for Castro to link up with the countries. The institutional arrangement for vance the cause of international peace and Arab League and the Organization of the Is- this was the ambassador and his embassy. To security does not mean that none of the pur- lamic Conference. At its September 1973, get an embassy was the great goal of the ca- poses of the Charter have been served by the where Castro sought to line up the NAM with reer officer; having achieved it, his final ob- UN system. If we drop from Article 1 para- Moscow, he was initially challenged by ject was to be judged a successful ambas- graph 1 of the UN Charter, which refers to Muammar Qaddafi, who wanted the Non- sador by maintaining friendly relations. the maintenance of international peace and Aligned to remain truly non-aligned. It was Anything that interfered with this goal was security, to paragraph 3, we shall find the at that point that Castro appears to have re- resisted by the system. In recent years, and statement of another purpose of the UN: ‘‘to alized how he could best attain his goal: he notably in the new nations, the one aspect of achieve international co-operation in solving broke diplomatic relations with Israel and foreign policy that could most interfere with international problems of an economic, so- added Israel to the United States on his and this object was the voting behavior of so cial, cultural, or humanitarian character, the entire Soviet bloc’s enemies list. many of the small or new nations in multi- and in encouraging respect for human rights Castro had no genuine interest in the Pal- lateral forums, behavior hostile to the and for fundamental freedoms.’’ estinian cause. The purpose of his move in United States. In consequence the ‘bilateral While the Security Council was hamstrung 1973 and in Cuba’s key role since that time in system’ resisted, and usually with success, by the Soviet Union’s ‘‘nyet’’ to efforts to the anti-Israel effort at the UN was to build the effort to introduce multilateral consider- maintain peace, the democracies, consti- a strong bloc at the UN of opponents of the ations into its calculations.’’ tuting a majority of the General Assembly in United States. He was aware of the fact that These words, let us note, were written in the early years of the UN, went to work to between 1959 and 1972, the membership of the 1975. It is now 34 years later. They are as rel- implement paragraph 3. In 1946, following up United Nations had increased by more than evant today as they were then. Our mission on the Charter’s promise that the UN would 60%, from 82 to 132. 35 of the additional 50 to the UN lacks the needed back-up in the promote respect for human rights, the As- members belonged to the Organization of the capitals of UN member states. sembly established the UN Human Rights Islamic Conference, which had been founded That back-up is needed because of the vast- Commission. Under the leadership of Eleanor in 1969, or were newly-independent African ly different manner in which our mission op- Roosevelt, the Commission promptly went to states, or both. What Castro was well aware erates when compared to our principal oppo- work on drafting the document which be- of was that by breaking ties with Israel, he nents. Once a Cuban diplomat is assigned to came known as the Universal Declaration of would be able to get Qaddafi’s help in lining the UN he stays there and, over the years, Human Rights. The Universal Declaration, up the votes of the Organization of the Is- truly learns the business of multilateral di- reflecting fully the thoughts of John Locke, lamic Conference. But there was still the plomacy. As he continues in the UN system, as expressed in 1689 in his ‘‘Two Treatises of question of how to reach out to those African he watches his counterparts from other Government’’ and incorporated a hundred states that did not belong to the OIC. countries arrive, begin to learn the routine, years later into the French Declaration of It did not take the Castro and Qaddafi alli- and then depart as their tour of duty at the the Rights of Man and the Citizen and into ance very long to find an answer to that UN comes to an end, and they are replaced the U.S. Bill of Rights, spelled out with spec- question. Only weeks after the September by a new set of diplomats who have to learn ificity precisely what was meant by the term 1973 NAM summit, the General Assembly the UN routine from scratch. ‘‘human rights.’’ It is appropriate to note considered a resolution that called for more There is another aspect to the Cuban per- that in 1948, when the Universal Declaration pressure on South Africa to end the apart- formance. While there are missions to the was adopted by the UN General Assembly by heid regime. The clique that had begun to UN that operate under specific instructions the affirmative vote of 48 of its 56 members, manipulate the UN chose Burundi to offer an from their respective governments, there are no member voted ‘‘no.’’ Eight members, 6 So- amendment which referred to ‘‘the unholy many other missions that receive no specific viet bloc states plus Saudi Arabia and South alliance between Portuguese colonialism, instructions, allowing their representatives Africa abstained. South African racism, Zionism and Israeli at the UN to make their own decisions on In these early years of the UN’s existence, imperialism.’’ The amendment was adopted how to vote. It is that aspect of the UN sys- the General Assembly also created other en- by a two-to-one majority. By linking Zion- tem that has been fully utilized in building

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0689 Sfmt 0634 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10627 the anti-democratic bloc. For one, arrange- oped the theme of correlating Zionism with As we make this comparison between the ments are made for missions to be rewarded apartheid, the other side did not let go. At 1975 vote and the corresponding 2007 vote, we for their cooperation by being elected to po- the International Women’s Year Conference need to note that in the interim, in 1991, the sitions in the UN system that are of special in July 1975 in Mexico City a resolution was Zionism is Racism resolution was repealed interest to them. For another, an informal adopted which called for the elimination of by a vote of 111 to 25. The repeal was the re- job placement service operates at the UN Zionism, apartheid and racial discrimina- sult of a major effort, undertaken by the that enables relatives of cooperating dip- tion. The news from Mexico City focused, of then Assistant Secretary of State for Inter- lomats to obtain jobs in the UN Secretariat. course, on the emphasis that had been placed national Organizations, John Bolton. The As one diplomat once put it to me: ‘‘After on the rights of women. But it was in that substantial margin of victory for our side you have been at the UN for a little while, setting, a setting that emphasized the need was also the result of the fact that the So- you start playing the UN game and you for- for progress for women that another totally viet bloc had dissolved, the Soviet Union was get about your country.’’ unrelated step had been taken in the Zion- disintegrating, and the anti-democratic coa- There is more to it than that. I recall an ism is racism campaign. Then, in November lition at the UN was in utter disarray. incident from the time in which I rep- of that year that formula was made UN doc- But this disarray did not last long. The resented the United States in the UN Human trine by the UN General Assembly by its anti-democratic forces at the UN quickly re- Rights Commission. Having done the needed adoption of the ‘‘Zionism is Racism’’ resolu- gained their footing and were soon again in parliamentary work, I had gotten a resolu- tion, by a vote of 72 to 35 with 32 abstaining. full operation. While they used to fly the flag tion adopted that the Cubans had opposed. Confirming the bargain that had been of the Non-Aligned Movement in earlier dec- Immediately following the vote, the Cuban struck, the new controlling alliance put to- ades, they now sail under the flag of the representative rose to accuse me of having gether by Castro and Qaddafi furnished 68 of Group of 77. There is only one significant dif- bribed some of the representatives so that the 72 affirmative votes. Brazil and Mexico, ference between the NAM and the G–77. they would vote with the United States. Cyprus and Malta provided the remaining China does not belong to the former, but be- After the meeting had adjourned, I asked four. A majority of the ‘‘no’’ votes was pro- longs to the latter. In fact the G–77 calls colleagues from other missions whether that vided by the Western Group, but the Western itself now the ‘‘Group of 77 and China.’’ really happens at the UN. They all thought I Group was joined by Latin American, Carib- China has become an increasingly significant was terribly naı¨ve. ‘‘Of course it happens,’’ bean and sub-Saharan African states. In ad- player in the anti-democratic camp at the they said. ‘‘The Cubans do it all the time. So dition, many of these non-Western states ab- UN. do the Libyans.’’ stained. China, incidentally, is one country that I am sure you agree that we should not pay What deserves mention is that if Mexico has no history of antisemitism. On the con- bribes to ambassadors. But I have not found had voted ‘‘no’’ rather than ‘‘yes’’ or if Co- trary, Chinese intellectuals see parallels be- it easy to understand why we were under spe- lombia and Guatemala had joined the United tween their ancient culture and the ancient cific instructions at the UN never to suggest States in voting ‘‘no’’ rather than abstain- culture of the Hebrews. China has also excel- any relationship between U.S. foreign assist- ing, the resolution would have been adopted lent trade relations with Israel. But at the ance and UN voting. I recognize that we only if the General Assembly had voted that UN, China consistently votes against Israel. should understand why Egypt or Pakistan the resolution was not ‘‘important.’’ That is It does so because it is an integral part of would vote against the U.S. at the UN, but so because with these minor vote changes, the group of member states that use the UN why, for example, should we not make it the resolution would not have received the to embarrass the democracies. clear to the Philippines or Vietnam, which two-thirds vote required by the Charter for As we watch the totalitarians at work in during the current fiscal year receive about important resolution. I am mentioning these Geneva, using the UN umbrella in their at- $100 million, each in U.S. foreign assistance details to underline the validity of Moy- tacks on the basic principles on which the that our resources are limited and that these nihan’s observation that our side does not do UN was founded, it is understandable that limited resources will, in the first instance, the needed parliamentary spade work at the there are many observers who are prepared be made available to states that are prepared UN. That is, as noted, in sharp contrast to to give up on the UN. The response that I to reciprocate our friendship? the extraordinarily effective work done by want to offer to these pessimists is that During my stay at the UN I also learned the Cubans to this day. My guess is that they while we can clearly identify the symptoms how the leaders of the anti-democratic forces were well aware of the two-thirds majority of the disease from which the UN suffers, it transmit their voting instructions to their requirement and worked hard to attain that is a disease from which it can be cured. What following. The explanation that democratic result. is needed is for the governments of the de- members of the NAM or the G–77 offer to ex- I have described how the Zionism is racism mocracies, particularly of the United States, plain their anti-democratic votes is that campaign got started. Now let us move fast to engage in more effective parliamentary they vote the NAM or the G–77 ‘‘consensus.’’ forward to December 22, 2007, when the UN work at the UN. That raises the question of how that con- General Assembly had before it a resolution Let us take a look at the roll calls on the sensus is reached. that authorized the allocation of about $7 two votes that I have cited the 1975 Zionism I was offered an explanation by an ambas- million to fund the operation of a com- is Racism vote and the 2007 Durban II fund- sador from a NAM state with whom I was mittee, chaired by Libya, whose task it was ing vote. On the first of these the ‘‘no’’ vote having lunch. In the course of our conversa- to prepare Durban II. The resolution passed was 32.7%. On the second it was 30.5%, an in- tion he asked me whether I knew how the by a vote of 105 to 46. The fact that the ‘‘no’’ significant difference in the percentages. As NAM consensus was formed. When I told him vote fell only slightly short of one-third plus we look at this almost imperceptible change that I did not know, he said: ‘‘You know, we 1 is important because the resolution raised in percentages, we should note that the Free- used to be on the other side.’’ By that he a budgetary question and resolutions that dom House categorizations for 1975 and 2007 meant on the pro-Soviet side. He continued raise budgetary questions require a two- show a wholly different pattern. In 1975, by telling me that on the day preceding any thirds majority for adoption. If we had Freedom House classified 27% of the UN meeting of the NAM caucus, which had 101 picked up 7 of the 41 abstentions or absences, membership as free. In 2007 the percentage of members at that time, the friends of the So- Durban II would not have been funded. free countries was 46%, a major increase. viet Union, about 17 or 18 states, would have Now let us take a look at how Durban II Why was that difference not reflected in a special meeting. When they were all assem- came about by comparing the December 2007 the votes on the two resolutions? Our side bled, a small group would enter the room, al- vote to the Zionism is Racism vote of No- had indeed picked up Eastern Europe’s new ways including Cubans. That group would vember 1975. Here is what we find: democracies. But we had lost the support of then give out instructions on how the assem- (1) Most of the Western states once again many Latin American, Caribbean, and Afri- bled representatives should act when they voted ‘‘no,’’ although a few, Liechtenstein, can states, most of them fellow-democracies. met the next day at the meeting of the full New Zealand, Norway, and Switzerland The additional votes cast for our side were NAM caucus. Each representative would be switched to ‘‘abstain.’’ not the result of any diplomatic effort on our assigned a specific task, to make a motion (2) The 25 Western states have now been part. They reflected the political beliefs of on a position to be taken by the NAM, to be joined by 18 East European states, some of the new East European democracies. The de- the first speaker in support of a motion, or which had voted ‘‘yes’’ in 1974. Others had mocracies whose votes we lost, on the other to be the second speaker in support. Then, not been in existence then, having been re- hand, were lost as a result of a failure on our the next day, when the full caucus met, the publics of the Soviet Union or Yugoslavia. part to engage them fully on UN issues, com- whole scenario would be played out. My col- Three Asian UN members also voted ‘‘no.’’ bined with the extraordinarily clever manip- league concluded his account of NAM proce- They were South Korea, the Marshall Is- ulation by the other side. dure by saying: ‘‘And there sits the silent lands, and Palau. So, as we watch Durban II unfold, let us majority and just goes along.’’ (3) Most of the Latin American, Caribbean keep in mind that effecting change at the UN To return to the events following the 1973 and African states that had voted ‘‘no’’ on is not a hopeless cause. The percentage of Burundi amendment to the anti-apartheid ‘‘Zionism and Racism’’ in 1975 voted for fund- UN member states that Freedom House clas- resolution: as we so well know, having devel- ing Durban II in 2007. sifies as ‘‘not free’’ is down to 22%. Under

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0689 Sfmt 0634 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10628 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 23, 2009 these circumstances should it not be possible In June 1949, a committee was formed to The Library of Congress not only houses for the democracies to return the UN to the begin work on plans for a new firehouse lo- the much-appreciated Congressional Re- principles spelled out in the Charter? I sub- cated on Colburn Road. Just a few years later, search Service, it also offers 1.6 million visi- mit it can be done if the United States Gov- ernment will commit itself to spend the time this new department was built to house the tors access to 15 million primary-source docu- and energy needed to attain that goal. And it members, vehicles and equipment. That struc- ments and operates the Veteran’s History is our task, as citizens, to urge our Govern- ture is still used to this day as the home base Project and the Surplus Books Program. One ment to do just that. for the ET–145, ET–245, Rescue 145, For- of my favorite programs, the Surplus Books Let me conclude my remarks by expressing estry 145, Service 145 and Marine 145. In Program is an innovative book donation pro- the thanks of all of us assembled here to 1953, the department won first prize in a gram, through which Members may send li- those whose idea it was to arrange for this statewide contest conducted by the Hartford brary materials to the schools and libraries in counter-conference and who did the nec- County Mutual Fire Insurance Company as the their home district. At a time when funding for essary organizational work. All of us who be- lieve in the fundamental principles on which volunteer department with the most improved libraries is scarce, this is a simple way to re- the United Nations were founded need to facility with the best fire prevention program duce book waste and distribute excess re- stand up against those who are fully engaged available. sources to our communities and schools in efforts to subvert them. That is what this In March of 1956, under the leadership of where they are needed most. counter-conference is doing. And we shall then chief Benjamin Muzio, the Auxiliary of the I strongly encourage members to take ad- overcome! Stafford Fire Department No. 1 was organized vantage of these extraordinary programs and f to assist the department with fundraising ef- resources, and congratulate all our nation’s li- forts to acquire necessary equipment and sup- braries, librarians, and library-enthusiasts. HONORING STEVEN MICHAEL plies. Through the years, the Auxiliary has KINNAMAN f raised funds through a variety of events in- cluding the annual chicken BBQ that draws CHRISTOPHER ALLEN CARPENTER HON. SAM GRAVES people from communities far and wide every OF MISSOURI year. HON. SAM GRAVES IN THE HOUSE OF REPRESENTATIVES The men and women of this department OF MISSOURI Thursday, April 23, 2009 have put their lives on the line for the past 75 IN THE HOUSE OF REPRESENTATIVES years and they deserve our thanks and praise. Mr. GRAVES. Madam Speaker, I proudly Thursday, April 23, 2009 pause to recognize Steven Michael Kinnaman On behalf of the people of Connecticut’s Sec- Mr. GRAVES. Madam Speaker, I proudly a very special young man who has exempli- ond Congressional district, I want to thank you pause to recognize Christopher Carpenter of fied the finest qualities of citizenship and lead- for your service. Kansas City, Missouri. Christopher is a very ership by taking an active part in the Boy f special young man who has exemplified the Scouts of America, Troop 145, and in earning ACKNOWLEDGING AND COM- finest qualities of citizenship and leadership by the most prestigious award of Eagle Scout. MENDING NATIONAL LIBRARY taking an active part in the Boy Scouts of Steven has been very active with his troop WEEK America, Troop 260, and earning the most participating in many scout activities. Over the prestigious award of Eagle Scout. many years Steven has been involved with Christopher has been very active with his Scouting, he has not only earned numerous HON. EARL BLUMENAUER troop, participating in many scout activities merit badges, but also the respect of his fam- OF OREGON and 29 merit badges. Over the many years ily, peers, and community. IN THE HOUSE OF REPRESENTATIVES Christopher has been involved with scouting, Madam Speaker, I proudly ask you to join Thursday, April 23, 2009 me in commending Steven Michael Kinnaman he has not only earned titles such as Den Mr. BLUMENAUER. Mr. Speaker, from April for his accomplishments with the Boy Scouts Chief and Patrol Guide, but also the respect of 12–18, 2009, our nation celebrated National of America and for his efforts put forth in his family, peers, and community. Library Week and the vital role that these insti- achieving the highest distinction of Eagle Madam Speaker, I proudly ask you to join tutions and their dedicated staff play in sup- Scout. me in commending Christopher Carpenter for porting our communities. On April 22, 2009, his accomplishments with the Boy Scouts of f the House of Representatives passed H. Res. America and for his efforts put forth in achiev- 75TH ANNIVERSARY OF THE STAF- 336, supporting the goals and ideals of Na- ing the highest distinction of Eagle Scout. FORD CONNECTICUT FIRE DE- tional Library Week and encouraging Ameri- f PARTMENT NO. 1 cans to take full advantage of these wonderful public resources. CELEBRATING THE CORNBREAD In Oregon, we pride ourselves on our strong FESTIVAL OF SOUTH PITTS- HON. JOE COURTNEY BURG, TENNESSEE OF CONNECTICUT community and a commitment to quality of life and education. Public libraries are a vital piece IN THE HOUSE OF REPRESENTATIVES of this fabric and, in fact, Oregon has the sec- HON. LINCOLN DAVIS Thursday, April 23, 2009 ond highest circulation of public library mate- OF TENNESSEE Mr. COURTNEY. Madam Speaker, I rise rials in the nation and the only 5-star library in IN THE HOUSE OF REPRESENTATIVES today to honor the 75th Anniversary of the the Northwest. As the economic downturn has Stafford, Connecticut Fire Department No. 1. pushed family budgets to the brink, these re- Thursday, April 23, 2009 For 75 years the men and women of this de- sources are more important than ever. In addi- Mr. LINCOLN DAVIS of Tennessee. Madam partment have dedicated themselves to pro- tion to public reading and visual materials, li- Speaker, I rise today to congratulate the peo- tecting the people and the community in which braries offer Internet and computer access for ple of South Pittsburg, Tennessee on their they serve. all, free of charge. Many also serve as com- 13th annual National Cornbread Festival. In While the department was not formally in- munity spaces for gatherings and events. 1996, a group of residents in this small city of corporated until November 11, 1936, it began Another library that deserves recognition is 3,500 decided to take action to promote eco- its work in Stafford on May 10, 1934 in the B. our very own Library of Congress. In 2008, to nomic activity, which had waned as sur- Schwanda and Sons button factory. The eight highlight the world-class work of this institution rounding areas developed and a newly con- founding members later began meeting in an I formed the Library of Congress Caucus, now structed highway directed traffic away from unused garage and dance hall that later be- nearly 50 Members strong. I have the distinct South Pittsburg’s local businesses. came incorporated into station 145. While honor of co-chairing this bipartisan organiza- The goals of the Cornbread Festival were to membership grew over the next ten years, a tion with my friend Congressman ZACH WAMP. promote the unique sights, sounds, tastes, shortage of able bodied men during World Our goal is to draw further attention to the na- and history of South Pittsburg and, Madam War II forced the department to allow mem- tion’s library, its collections and curators, and Speaker, they have done a fine job. Each bers of the Junior Fire Department over the to encourage further use by Members of Con- year, during the last weekend in April, people age of 14 to join the full department. gress and the public alike. have traveled from across the country and

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10629 around the world to take part in the vibrant HONORING BRIGADIER GENERAL eral Scott C. Black, Beck ‘‘pinned on’’ the rank heritage of southeast Tennessee. This festival, GILL P. BECK of Brigadier General after being nominated by which has been featured several times in na- President Bush and being confirmed by the tional publications and on the Food Network, HON. HOWARD COBLE United States Senate. In an investiture cere- celebrates the southern delicacy of cornbread OF NORTH CAROLINA mony that day, BG Beck was also installed as and the culture that surrounds it. Local artists IN THE HOUSE OF REPRESENTATIVES the Chief Judge, U.S. Army Court of Criminal Appeals (IMA), U.S. Army Legal Services and musicians keep the region’s great tradi- Thursday, April 23, 2009 tions alive. Visitors can also see the great his- Agency (USALSA). BG Beck’s previous military assignments in- tory of the local cast-iron industry around Mr. COBLE. Madam Speaker, I rise today to clude Commander, 12th Legal Support Orga- which South Pittsburg grew, and which still recognize Brigadier General (BG) Gill P. Beck, who has been selected by Appalachian State nization, Staff Judge Advocate Task Force produces the skillets used to make the world’s University’s (ASU) Alumni Association to be 134 (Operation Iraqi Freedom), Staff Judge best cornbread. the sole recipient of its 2009 Distinguished Advocate, Deputy Staff Judge Advocate, and Most importantly, Madam Speaker, this fes- Alumnus Award in a ceremony to be held this Brigade Judge Advocate, 108th Division (Insti- tival has made a great contribution to the com- Saturday, April 25, 2009, at the Broyhill Inn in tutional Training), and a total of thirteen years munity that created it and continues to run it. Boone, North Carolina. on active duty with tours in the 1st Infantry Di- Proceeds from the National Cornbread Fes- General Beck was selected for this honor vision, 3d Armored Division, 82nd Airborne Di- tival have been used to landscape streets, due to his remarkable record of leadership vision, and Litigation Division (USALSA). help build athletic fields, and support Boy and service to the public in both his profes- Madam Speaker, during his 2005 tour of duty in Iraq, then-Colonel Beck and his family Scouts, schools, daycares, and libraries. It sional and military careers, and for his many provided an illustration of just how important serves as an economic driver which has contributions to civic and charitable causes in the initiative and contributions of individual helped to revitalize downtown South Pittsburg his community. members of our armed forces and their mili- and its local businesses. It is a true testament A third-generation Mountaineer and third- generation North Carolina attorney, Gill Beck tary spouses ‘‘back home’’ are to the success to the power of community involvement and of our military operations and humanitarian en- self-determination. attended Appalachian State from 1974 to 1978 on a football and academic scholarship. De- deavors abroad. What began as a simple per- Madam Speaker, I congratulate South Pitts- scribing himself as ‘‘the slowest quarterback in sonal request to his wife, Mary Jo, to send burg on a thirteenth year of what I hope will the state’’ in high school, he showed his toys, trinkets and candy to present to the Iraqi children turned quickly into a community-wide be a longstanding tradition. I encourage my ‘‘coachability’’ by switching positions and play- effort. ‘‘Operation Toy Drive,’’ which was co- colleagues and the American people to take ing center in college. Three years later, he ordinated by Mary Jo and her friend, Hillary note of the National Cornbread Festival and to was named team captain and distinguished Bouknight, resulted in the collection of tens of consider a trip to see what’s cooking in South himself as the team’s best blocker. A three thousands of items that were transported by a Pittsburg, Tennessee. time All-Southern Conference first-team selec- U.S. based charity, Operation Give, and tion, he was selected as ASU’s athlete of the shipped by FedEx (without charge I might f year during his senior year. add) to the U.S. military for distribution by our While at ASU, he distinguished himself aca- U.S. service men and women to the children HONORING THE 34TH ANNIVER- demically as well, making the Chancellor’s List of Iraq. Indeed, not only did Mary Jo orches- SARY OF THE FALL OF SAIGON all eight semesters, twice being named an trate the effort but the entire Beck family, in- Academic All-American, graduating second in cluding his sons, Gill Jr. and Jon, got into the his class with a 3.98 grade-point average and HON. GERALD E. CONNOLLY act. In addition to collecting toys from others, earning an Army ROTC scholarship to study Jon even donated a bear he had received for OF VIRGINIA law at Duke University in Durham, North Caro- his birthday. lina. After graduating with High Honors from IN THE HOUSE OF REPRESENTATIVES Before concluding my remarks, I’d also like law school, he entered the Army JAG Corps, to make mention of BG Beck’s outstanding Thursday, April 23, 2009 where he spent the next six years on active commitment to his profession and voluntary duty and represented the Army in a wide vari- service with the N.C. Bar Association (NCBA). Mr. CONNOLLY of Virginia. Madam Speak- ety of litigation matters. He has served as a member of the Board of er, it is my honor to rise today to recognize a A resident of Greensboro, Beck has served Governors of the NCBA, past Chair of the day of great historical significance to my con- as an Assistant United States Attorney in the NCBA’s Government and Public Sector Sec- stituents and this nation. Middle District of North Carolina since 1992. tion, and while deployed to Iraq in 2005, was He currently serves as the Chief of the Civil On April 30, 1975, the city of Saigon fell to selected to receive the association’s Govern- Division, United States Attorney’s Office, communism. This day was a somber day ment and Public Sector’s Distinguished Attor- where he is responsible for directing all civil marked by hardship and loss of life for both ney Award as North Carolina’s top govern- litigation against or for the United States within Vietnamese and Americans. Thousands of ment and public sector attorney. In describing the United States District Court for the Middle people fled Vietnam by boat from the late why he was chosen for the award, Linda District of North Carolina, as well as pros- Miles, the city attorney of Greensboro stated, 1970s to the mid-1980s. One half of those ecuting criminal forfeitures that involve drug or who fled by boat did not survive the journey. ‘‘Gill Beck embodies all of the virtues of a pub- money laundering offenses. As a federal pros- lic servant. He is a person of integrity, honesty Indeed, many Vietnamese-Americans come ecutor, he has spearheaded a number of high- and loyalty in his service to his country in from a line of brave folks who left an oppres- profile civil actions, including several that in- every way.’’ sive regime to search for freedom. Citizens of volve the fight against fraud and whose reso- Madam Speaker, in closing, I would just Vietnamese descent form a key, politically ac- lution protected the rights and interests of tax- note that BG Beck and his family are among tive group of Americans. They truly know the payers. In 1997, the U.S. Department of Jus- those who represent the best of America. His meaning of the term ‘‘American,’’ and they tice presented Gill Beck with its highest award, dedication to duty, reputation for integrity, and value freedom, democracy, and liberty. the Attorney General’s Distinguished Service commitment to improving the well-being of My constituents, as part of the Vietnamese Award, for his initiative and success in one others, whether in his hometown and state or such action that recovered more than $180 Community in Virginia, Washington DC, and more than half a world removed, are exem- million for taxpayers. plary. I am happy to convey my personal best Maryland, will commemorate the 34th Anniver- Since completing his initial active duty tour wishes to General Beck and his family and sary of the Fall of Saigon on Saturday. And in the Army, Gill Beck has continued his mili- ask that you and our colleagues in the House so, Madam Speaker, it is with great pride that tary service as an Officer and Judge Advocate join me in recognizing BG Beck not only on I submit into the CONGRESSIONAL RECORD a in the U.S. Army Reserve. In a promotion the occasion of his fitting selection as Appa- statement of recognition of this historic day. ceremony at Fort Myer, Virginia, in December lachian State University’s Distinguished Alum- I ask my colleagues to join me in recog- 2008 that was presided over by the Judge Ad- nus of the Year for 2009, but also for his life- nizing the significance of this day. vocate General of the Army, Lieutenant Gen- time of service and commitment to others.

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10630 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 23, 2009 COMMENDING PAUL MCGILL OF her formal educational training in nursing, so- HONORING THE TOWN OF HUNTERDON COUNTY ciology and economics, Baroness Cox has CULPEPER, VIRGINIA ON ITS been a prolific author and advocate of human 250TH ANNIVERSARY HON. LEONARD LANCE rights around the globe. The Humanitarian Re- lief Trust which she established in 2005 pro- OF NEW JERSEY HON. ERIC CANTOR vides resources, aid and training to peoples IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA living in extreme poverty and under oppres- IN THE HOUSE OF REPRESENTATIVES Thursday, April 23, 2009 sion. She is known for her personal and Mr. LANCE. Madam Speaker, I rise today to hands-on work targeting the ‘‘no-go’’ areas of Thursday, April 23, 2009 commend Paul McGill of Hunterdon County for the world to provide humanitarian aid and re- Mr. CANTOR. Madam Speaker, I am proud his outstanding efforts on behalf of the Shan- lief. Though she spends nearly half her time to recognize the Town of Culpeper as it cele- non Daley Memorial Fund. The Shannon on international missions, she cherishes her brates its 250th anniversary this Friday, April Daley Memorial Fund was established by ap- role in the British Parliament as the ‘‘voice of 24th, 2009. proximately 70 Hunterdon County members of the voiceless.’’ The Town of Culpeper is located at the the Readington Men’s Basketball League who Baroness Cox, I welcome you to Michigan’s eastern base of the Blue Ridge Mountains in came together to raise money and support for 9th District and salute your untiring and stead- the Piedmont River Valley. It has a legendary families of children suffering with catastrophic fast commitment to improving the human con- history that dates clear back to the American illnesses. dition in some of the most challenging areas Revolution when a group of local residents or- On Friday, April 24, 2009, Paul McGill will of the world—Sudan, Burma, Nigeria and East ganized themselves as the Culpeper Minute be recognized by the United Way of Timor, among others. We are fortunate that Men Battalion in 1775 and were called upon to Hunterdon County as their Community Volun- you have so ardently acted on your ‘‘inherent fight in the Revolution and throughout cam- teer of the Year. The evening will celebrate tendency’’ to help others and made it your paigns in the 19th and 20th Centuries. Both Paul’s volunteerism and recognize his life’s mission. Your wise admonition to us all Confederate and Union troops occupied the achievements as the officer and chief oper- rings as true today as ever, ‘‘We can’t do ev- Town during the Civil War. In fact, during the ating officer for the Shannon Daley Memorial erything . . . however, we can all do some- winter of 1863 and 1864, more than 100,000 Fund. thing.’’ Union troops occupied the town as its stra- Paul has devoted significant portions of his f tegic railroad location made it an important personal time to insure the continued success HONORING THE LEAGUE OF supply station for both Confederate and Union of the charity—which includes a significant UNITED LATIN AMERICAN CITI- troops. The town witnessed more than 100 amount of time devoted to fundraising. In addi- ZENS (LULAC) COUNCIL #10 battles during the war and many homes were tion to fundraising, Paul provides extensive used for military housing and hospitals.– leadership for the Shannon Daley Fund and HON. BRUCE L. BRALEY After the Civil War, the Town of Culpeper has developed close personal relationships grew to become a thriving regional marketing OF IOWA with Hunterdon County residents and busi- hub. Even today the town continues to evolve. IN THE HOUSE OF REPRESENTATIVES nesses to support the cause. He has done With a population of approximately 15,000, it and continues to do an outstanding job to help Thursday, April 23, 2009 has rebuilt itself to become a Virginia Main families in need. Mr. BRALEY of Iowa. Madam Speaker, I Street Community with a lively historic down- For those who know Paul, he is a true inspi- rise to congratulate the League of United Latin town. It was even named once as one of ration, an exemplary volunteer and an out- American Citizens (LULAC) Council #10 from ‘‘America’s Top 10 Small Towns.’’ While standing community leader. Paul McGill has Davenport, Iowa on their 50th anniversary. Culpeper was originally built as an agricultural truly made a difference in the lives of so many LULAC Council #10 was established in economy, today it is an important crossroad families in Hunterdon County and I am proud 1959 to support the strong, multi-generational for business. of his efforts. Latino community that has thrived in Dav- Culpeper residents will celebrate and honor I am pleased to share the good deeds of enport and broader Quad Cities area since the the town’s heritage and 250 years of history Paul McGill with my colleagues in the United early 1900s. The Council #10 founders’ goals with events and activities throughout the year, States Congress and with the American peo- were to advance the economic conditions, including a historic costume ball, picnics and ple. educational attainment, political participation, parades. f housing, health and civil rights of Latino fami- Madam Speaker, please join me in con- lies and workers. At that time it was not un- gratulating the citizens of Culpeper as they IN RECOGNITION OF BARONESS common for local businesses to discriminate celebrate the town’s anniversary and wishing CAROLINE COX OF QUEENSBURY against Latino workers, and many Latino chil- them the best for their continued growth and dren were falling behind in school because success. HON. GARY C. PETERS their English skills were not adequate. Despite f OF MICHIGAN these challenges the Latino population made RECOGNIZING PAOLA GRULLON IN THE HOUSE OF REPRESENTATIVES great strides in the Quad Cities community while preserving their culture and values. Thursday, April 23, 2009 Since its inception, LULAC Council #10 has HON. PATRICK J. TIBERI Mr. PETERS. Madam Speaker, I rise to rec- worked with local school districts to create bi- OF OHIO ognize The Honorable Baroness Caroline Cox lingual education opportunities and English as IN THE HOUSE OF REPRESENTATIVES of Queensbury on the occasion of her visit to a Second Language programs. These pro- Thursday, April 23, 2009 Michigan during the week of April 24, the day grams have been so successful that they are set to commemorate the 1915 commencement now used to help the growing Vietnamese stu- Mr. TIBERI. Madam Speaker, it is my pleas- of the genocide of the Armenian peoples. Dur- dent population in Davenport. Council #10 ure to congratulate Paola Grullon for receiving ing her visit, Baroness Cox continues her tire- maintains a local scholarship program to give the Charles J. Ping Award. This outstanding less mission to educate and promote aware- Latino students opportunities to continue their accomplishment is a result of Paola’s hard ness of the present-day status of the Arme- education. The club hosts a senior meal pro- work and dedication to serving her community. nian population of Nagorno-Karabakh and op- gram, organizes multiple festivals celebrating This honor is awarded to undergraduate stu- pressed peoples around the world. Latino cultures, and works tirelessly with local dents who exemplify leadership in their com- In particular, Baroness Cox will be visiting unions and employers to avert discrimination munities and boast a record of outstanding Oakland University in Michigan’s 9th District in the workplace. achievements in service. This is the fifth con- where she will lecture and celebrate the Uni- Madam Speaker, LULAC Council #10 has a secutive year that a student from Ohio Wes- versity’s Institute for Research, Education & proud history and its members have made leyan University has received the Ping Award. Advocacy for Children’s Health—R.E.A.C.H. great contributions to Davenport and our coun- This is proof of the University’s commitment to The mission of R.E.A.C.H. furthers and em- try. I congratulate Council #10 on their 50th conveying the importance of service-learning bodies the life’s work of Baroness Cox. Using anniversary. to their students.

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What makes this win not only inspiring minican Republic, Ms. Grullon has created a HON. BOBBY L. RUSH but historic is that it is the first time a female coach has ever led a team to the men’s divi- strong support network for Delaware’s His- OF ILLINOIS sion title in the history of the tournament. Play- panic community by helping people with trans- IN THE HOUSE OF REPRESENTATIVES ers Keyon Aigle, Christoph Bristol, Denzel lations for numerous medical and utility serv- Thursday, April 23, 2009 Duchenne, Craig Gooden, Lesner Guerrier, ices, government benefit services and child Mr. RUSH. Madam Speaker, today I would Jamaal James, Raheem Mack, Jaren care assistance. like to recognize an outstanding American who Mansano, Kristian Moreno, Alexandre Pages, In addition to her work with the Woodward has worked tirelessly to stem the tide of youth Jose Perez, Tarik Phillip, Onyma Utti, and Family Resource Center, Ms. Grullon volun- violence that has gripped many communities Equipment Manager Cassandra Mark played teers with Grace Free Clinic and St. Mary’s in our country. Kenneth E. Barnes, Sr., M.S., the Brooklyn way and deserved the admiration Church. Paola has led fellow students from attended Loyola College in Maryland and, of all of us here. Principal Nick Mazzarella Ohio Wesleyan on spring break volunteer ex- while working towards his doctoral degree, also deserves our respect and admiration for tragedy of the worst kind struck—his son, periences, inspiring other students to follow selecting a female coach to help guide his Kenneth Barnes, Jr., was murdered. Rather her example of leadership and service. school to the title. This progressive and for- than do nothing, Mr. Barnes established the ward-thinking approach to athletic hiring has I am pleased to commend Paola Grullon on organization Reaching Out to Others Together paid dividends not only for the Bobcats, but is this wonderful achievement as well as Ohio Inc., or ROOT, Inc. also another step forward in the fight for gen- Wesleyan University for encouraging service- ROOT, Inc. is a non-profit organization com- der equality in athletics. I am proud and deep- minded students to give back to Central Ohio mitted to advocacy, education and intervention ly honored to represent Brooklyn College communities. on behalf of victims of gun violence and their Academy High School and provide it as an ex- families. ROOT, Inc.’s mission is to motivate ample to all of what’s possible when playing f and mobilize communities to take a proactive fields are leveled and all are given an oppor- approach in reducing homicides as well as the tunity to excel regardless of gender. COMCAST CARES DAY senseless gun violence and youth violence f that plague cities throughout America. Mr. Barnes has conducted workshops and semi- RECOGNIZING THE METROPOLITAN HON. DEBBIE WASSERMAN SCHULTZ nars, locally and nationally, as well as testified EMERGENCY COMMUNICATION on numerous occasions before the D.C. City CENTER OF FLORIDA Council. Mr. Barnes has also worked with my IN THE HOUSE OF REPRESENTATIVES office and played an instrumental role in help- HON. PATRICK J. TIBERI ing me to draft the Communities in Action OF OHIO Thursday, April 23, 2009 Neighborhood Defense and Opportunity Bill, or IN THE HOUSE OF REPRESENTATIVES CAN DO bill, which also addresses the issue Thursday, April 23, 2009 Ms. WASSERMAN SCHULTZ. Madam of gun violence through a community-based Speaker, today I rise to recognize the more comprehensive approach to the problem. Mr. TIBERI. Madam Speaker, it is with great than 1,200 employees from Broward and Madam Speaker, each April since 1981, the pleasure that I rise to recognize the grand Miami-Dade Counties who will volunteer to Office for Victims of Crime within the U.S. De- opening of the Metropolitan Emergency Com- benefit Samuel Delevoe Park and Oleta River partment of Justice has helped lead commu- munication Center (MECC). This new center State Park on Saturday, April 25th for nities throughout the nation in their observ- represents the commitment the participants of Comcast Cares Day. ances of National Crime Victims’ Rights Week. six fire departments in Central Ohio have had Rallies, candlelight vigils, and a host of com- to serving their communities. This innovative Volunteers and their families will join to- memorative activities are held each year to center serves Mifflin, Plain, Jefferson, Truro, gether to landscape facility grounds, paint and promote victims’ rights and to honor crime vic- and Violet Townships as well as the City of enhance two of Florida’s parks. This event will tims and those who advocate on their behalf. White Hall. mark the eighth annual company-wide day of This year, Kenny Barnes has been nomi- The state-of-the-art communications center service. nated by the United States Department of Jus- opened on April 16, 2009 in Gahanna, Ohio. This multi-jurisdictional emergency dispatch Madam Speaker, it is my pleasure to com- tice Office of Victim Services to receive the center for Fire, Rescue and EMS serves six mend Comcast and its employees for their National Service Award for his work on behalf of victims of crime and he will receive this fire departments and assists over 120,000 service to our community at a time when our Central Ohioans. In 2008, the MECC handled nation faces enormous challenges. prestigious award on April 24, 2009. This is a great honor being bestowed upon a great man over 27,000 calls for fire and EMS service. Families are losing jobs, health care, and and I would like to congratulate Mr. Barnes for The opening of this new facility for the MECC other key services. Our public needs are his commitment and dedication to an issue offers room for training, meetings, additional growing while our resources for meeting them that is so dear to my heart and the hearts of consoles, upgraded technology, and on-site IT are disappearing. millions of others throughout our nation. support. This partnership improves efficiency, en- As a mother of three young children, I be- f hances capabilities, and shares technology to lieve that service is the lifeblood of this coun- ACKNOWLEDGEMENT AND CON- better serve our community. Emergency re- try. GRATULATORY REMARKS FOR sponders have access to the resources they Volunteers can play many roles. They teach BROOKLYN COLLEGE ACADEMY need to best do their jobs because of the in- in our classrooms; clean up our waterways, HIGH SCHOOL BOBCATS BASKET- novative approach to dispatching the Metro- roads and parks; care for the elderly; and feed BALL TEAM politan Emergency Communication Center has the hungry. All the while, they learn valuable taken. The MECC allows all six participating skills that will help them throughout their lives. HON. YVETTE D. CLARKE fire departments to stay on the cutting edge of technological developments to better execute I hope that the selfless actions of the OF NEW YORK IN THE HOUSE OF REPRESENTATIVES emergency runs and to serve our Central Ohio Comcast employees and their families will community. serve as an inspiration for other Americans to Thursday, April 23, 2009 I offer my congratulations to the six commu- enrich their own lives by helping others and Ms. CLARKE. Madam Speaker, I rise to nities that comprise the Metropolitan Emer- giving back to their communities. congratulate the Brooklyn College Academy gency Communication Center and I applaud

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their hard work and dedication to preserving ever being charged with crimes. Then the gov- BIGGERT, I am introducing a House Concurrent the safety of Central Ohioans. ernment deported the overwhelming majority Resolution which expresses the sense of Con- f of Armenians from Ottoman Armenia, ordering gress that the Shi’ite Personal Status Law in that they resettle in what is now Syria. Most Afghanistan violates the fundamental rights of SPEAK OUT AGAINST GENOCIDE deportees never reached that destination. women and should be repealed. Senator From 1915 to 1918, more than a million Ar- BOXER is introducing the same resolution in HON. SCOTT GARRETT menians died of starvation or disease on long the Senate. OF NEW JERSEY marches, or were massacred outright by Turk- In March the Afghan parliament approved IN THE HOUSE OF REPRESENTATIVES ish forces. From 1918 to 1923, Armenians the Shi’ite Personal Status Law which was continued to suffer at the hands of the Turkish Thursday, April 23, 2009 signed by President Hamid Karzai. According military, which eventually removed nearly all to reports in the media and by the United Na- Mr. GARRETT of New Jersey. Madam remaining Armenians from Turkey. tions, this law would legalize marital rape, strip Speaker, April is Genocide Prevention Month. We mark this anniversary of the start of the mothers of custodial rights in the event of a di- Tuesday, April 21st, marked Holocaust Re- Armenian Genocide because this tragedy for vorce, and prohibit a woman from leaving her membrance Day. Tomorrow, April 24th, is the the Armenian people was a tragedy for all hu- home unless her husband gives his approval. 94th anniversary of the onset of the Armenian manity. It is our duty to remember, to speak President Obama has called this law ‘‘abhor- genocide. These times of commemoration are out and to teach future generations about the rent’’ and the UN High Commissioner for sobering, but I firmly believe that it is impor- horrors of genocide and the oppression and Human Rights said that the law is ‘‘reprehen- tant to pause and recall the unnecessary terrible suffering endured by the Armenian sible and reminiscent of the decrees made by deaths of millions of people which occurred in people. the Taliban regime in Afghanistan in the the last century. By reminding ourselves of We hope the day will soon come when it is 1990s.’’ past atrocities, we are encouraged to uphold not just the survivors who honor the dead but This resolution urges the Afghan Govern- the value of human life today. also when those whose ancestors perpetrated ment and President Karzai to declare these During World War I, the Turkish government the horrors acknowledge their terrible respon- provisions unconstitutional, and to not publish began an assault on the Armenian people by sibility and commemorate as well the memory the law on the grounds that it violates the arresting and killing religious, political, and in- of genocide’s victims. Constitution of Afghanistan and the basic tellectual leaders in Istanbul. Then, groups of Sadly, we cannot say humanity has pro- rights of women. Additionally, the resolution Armenian men, women, and children were gressed to the point where genocide has be- encourages the U.S. Government to address rounded up and forced to march through the come unthinkable. We have only to recall the the status of women’s rights and security in desert. Along the way, the victims were tor- killing fields of Cambodia, mass killings in Afghanistan to ensure that these rights are not tured, raped, and starved. Rwanda, ethnic cleansing in Bosnia and being eroded. Before and during World War H, Adolph Hit- Kosovo, and the unspeakable horrors in I have long been a champion for the rights ler attempted to eliminate the Jewish people Darfur, Sudan to see that the threat of geno- of women internationally, but particularly in Af- and others whom he considered a threat. He cide persists. We must renew our commitment ghanistan. Throughout the country’s turbulent initiated boycotts of Jewish businesses, pro- never to remain indifferent in the face of such history, the women of Afghanistan have been hibited social contact with Jews, and excluded assaults on innocent human beings. a source of strength, stability, and peace. Jews from participation in government, the We also remember this day because it is a Working with my colleagues, we have ensured arts, and education. Then, Hitler began de- time for us to celebrate the contributions of the that reconstruction aid for Afghanistan in- porting Jews to internment camps, essentially Armenian community in America—including cludes support for programs that increase forcing them to complete slave labor. Some hundreds of thousands in California—to the women’s access to education, economic op- were marched to remote areas and murdered. richness of our character and culture. The portunities, and health care. We have also Eventually, the Germans began a campaign of strength they and their immigrant ancestors worked to increase recognition of the vital role mass extermination by gassing Jews and have displayed in overcoming tragedy to flour- women have to play in rebuilding Afghan soci- other ‘‘undesirable’’ ethnic, religious, and polit- ish in this country is an example for all of us. ety in the wake of violent conflict, and I am ical groups. Their success is moving testimony to the truth pleased that the U.S. government has devoted Monday, April 20th, marked another historic that tyranny and evil cannot extinguish the vi- resources specifically to support the work of event. It happened to be the anniversary of tality of the human spirit. local women-led nongovernmental organiza- Adolph Hitler’s birth. When justifying his perse- The United States has an ongoing oppor- tions, as well as the Afghan Independent cution of the Polish people, Hitler declared tunity to contribute to a true memorial to the Human Rights Commission. ‘‘Who, after all, speaks today of the annihila- past by strengthening Armenia’s emerging de- In its current form, the Shi’ite Personal Sta- tion of the Armenians?’’ I, for one, am still mocracy. We must do all we can through aid tus Law fundamentally contradicts these ef- speaking about the annihilation of Armenians. and trade to support Armenia’s efforts to con- forts. We cannot stand by and allow such an I am also speaking about the annihilation of struct an open political and economic system. immense setback to the rights of women and Adolf Hitler, the architect of the Nazi Holo- Jews. I encourage my colleagues to join me in girls in Afghanistan, who have been treated as caust, once remarked ‘‘Who remembers the speaking out against genocide. second-class citizens for far too long. For Armenians?’’ The answer is, we do. And we f years, the United States has worked with the will continue to remember the victims of the people and government of Afghanistan to re- COMMEMORATING THE 94TH ANNI- 1915–23 genocide because, in the words of build the rule of law and promote respect for VERSARY OF THE ARMENIAN the philosopher George Santayana, ‘‘Those human rights. Creating a new and better fu- GENOCIDE who cannot remember the past are con- ture for the women of Afghanistan is a critical demned to repeat it.’’ part of this mission. f HON. HOWARD L. BERMAN f OF CALIFORNIA INTRODUCTION OF A CONCURRENT RECOGNIZING THE AMERICAN RED IN THE HOUSE OF REPRESENTATIVES RESOLUTION REGARDING THE CROSS OF GREATER COLUMBUS Thursday, April 23, 2009 SHI’ITE PERSONAL STATUS LAW IN AFGHANISTAN Mr. BERMAN. Madam Speaker, tomorrow, HON. PATRICK J. TIBERI April 24, marks the 94th anniversary of the be- OF OHIO ginning of the Armenian Genocide. I rise today HON. CAROLYN B. MALONEY OF NEW YORK IN THE HOUSE OF REPRESENTATIVES to commemorate this terrible chapter in human IN THE HOUSE OF REPRESENTATIVES history, and to help ensure that it will never be Thursday, April 23, 2009 forgotten. Thursday, April 23, 2009 Mr. TIBERI. Madam Speaker, I rise today to On April 24, 1915, the Turkish government recognize the American Red Cross of Greater began to arrest Armenian community and po- Mrs. MALONEY. Madam Speaker, today, Columbus. Praised for its dedication to saving litical leaders. Many were executed without along with Representatives BALDWIN, and and restoring lives, the American Red Cross

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.000 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 23, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10633 of Greater Columbus serves over 1.3 million Quinnipiac University. As an Africanist, he did educate and train a workforce that can com- residents in Central Ohio. research in Tanzania, Ethiopia, and Nigeria. pete and prosper in a global economy; the Having recently celebrated ‘‘Red Cross Most recently, Irv served as the President of need to provide quality affordable healthcare; Month’’ during March, I am pleased to high- the Connecticut Division of the United Nations the need to protect and preserve the planet’s light the successes of the American Red Association and was most proud of his pro- fragile environment; the need to negotiate and Cross of Greater Columbus. As one of the duction of the widely distributed UNA Calendar reconcile differences with foreign nations; and most trusted charities in Central Ohio, this of Peace. He was a member of the UNA the need to deter terrorism and keep our na- chapter is at the forefront of helping individ- Board of Directors and in 2006 was elected to tion safe and secure. All of these challenges uals and families prevent, prepare for, and re- represent the United States on the Executive will require a professional public workforce, spond to large and small scale disasters. Committee of the World Federation of UNAs. and yet because of shifting demographics our Led by Mary Navarro, Michael Carroll and a His travels took him to more than 90 coun- civil service faces a wave of retirement over committed Board of Directors, this group of tries—twenty-two visits to China alone. He the next decade that threatens the effective over 700 volunteers and 55 full-time employ- helped to develop training programs at Amer- operation of government. ees responded to 356 local disasters in 2008. ican universities for more than 700 Chinese For these reasons, it is critically important Their service and assistance directly impacted Provincial Officials, assisted in the democra- that Congress provide young Americans with the lives of over 470 families in Central Ohio. tization of Eastern Europe—particularly in Bul- the best education and training that will allow Educating more than 73,000 individuals garia—and had a role in drafting the Brazilian them to become our nation’s future leaders. about how to prepare for emergencies and Constitution. A recognition of his commitment Young Americans are ready to answer the training more than 46,000 residents in First and contributions to international relations, call. According to the Higher Education Re- Aid, CPR, Water Safety, and other life-saving President Clinton appointed Irving to the Com- search Institute, approximately 70 percent of courses the Greater Columbus Chapter of the mission on the Preservation of American Cul- the 2007 freshman class expressed a desire American Red Cross is providing much more ture Abroad where he had the lead responsi- to serve others. Applications to programs like than relief to victims. The benefit of programs bility for relations with Slovakia, Ukraine, and Teach for America and City Year along with like these provides support to the public be- Moldavia. Irv was indeed a global citizen and religious missions involving young Americans yond times of need. has left an indelible mark not only on our state have greatly increased. A 2008 poll conducted It is my pleasure to recognize the American but across the world. by Social Sphere Strategies found that 88% of Red Cross of Central Ohio for their unrelenting Here in Connecticut, Irv was also instru- 18–29-year-olds supported the Public Service and inspiring record of service to the families mental in the establishment of Connecticut Academy, with 57% saying that they ‘‘likely’’ of Central Ohio. All have produced a safer Hospice—the first organization of its kind in would have considered applying to the Acad- place for the residents of Central Ohio to call the nation. Connecticut Hospice is dedicated emy had it been available when they were ap- home. to using a holistic approach in helping patients plying to college. College presidents, news f and their families attain an optimum quality of publications and some of the leading voices in life as they cope with irreversible illnesses pro- public service—both Democrat and Repub- HONORING THE LIFE AND LEGACY viding the comfort and care that they need in lican—have endorsed the creation of the OF THE HONORABLE IRVING J. their last days. It may also be fitting that it was Academy. STOLBERG at Connecticut Hospice, surrounded by family Now is the time to tap into American’s re- and friends, that Irving spent his final days. newed sense of civic obligation and offer an HON. ROSA L. DeLAURO Irv dedicated a lifetime to public service and avenue to serve others. Yet, the cost of pur- OF CONNECTICUT forever changed the face of Connecticut poli- suing public service opportunities after gradua- IN THE HOUSE OF REPRESENTATIVES tics. I consider myself fortunate to have been tion is often prohibitive because college tuition has increased dramatically in the past dec- Thursday, April 23, 2009 able to call him my friend. Today, as we re- member all that Irv contributed to his commu- ade—47 percent at private schools and 63 Ms. DELAURO. Madam Speaker, it is with nity and his state, I extend my deepest sym- percent at public schools. As a result of these the heaviest of hearts that I rise today to pay pathies to his family: his son Robert; former soaring tuitions, the average college graduate tribute to the memory of one of Connecticut’s wife, Alicia; his brothers, Roger and Frank; owes about $20,000, an increase of more than most outstanding public leaders and my dear and his sister, Melody. Irving J. Stolberg set 50 percent in the past decade. These potential friend, The Honorable Irving J. Stolberg. After an example for public service to which we public servants often overburdened by the a year-long fight, Irv lost his battle with leu- should all strive and has left a legacy that will debts of college and university loans, are kemia and Connecticut lost one of its most re- continue to inspire generations to come. forced to choose more lucrative private sector spected and beloved public officials. f jobs over public service opportunities. Elected to Connecticut’s House of Rep- Modeled after the military service acad- resentatives in 1970, Irv served twenty-two INTRODUCTION OF THE PUBLIC emies, the Public Service Academy will pro- years in the General Assembly—a member of SERVICE ACADEMY ACT OF 2009 vide a four-year, federally-assisted college virtually every committee and twice elected to education for more than 5,000 students a year lead as Speaker. It was during his tenure as HON. JAMES P. MORAN in exchange for a five-year commitment to Speaker that the General Assembly saw its OF VIRGINIA public service in areas such as education, greatest transformation with more members IN THE HOUSE OF REPRESENTATIVES public health, law enforcement, and local, seeing legislating as their primary occupation state and the federal government. With its even though it is considered a part-time posi- Thursday, April 23, 2009 mission critical to the health of our public serv- tion and his oversight of the construction of Mr. MORAN of Virginia. Madam Speaker, I ice, the Academy will strive to recruit the top the Legislative Office Building which, after its rise today to introduce the Public Service students and faculty from around the United opening in 1988, gave all legislators their own Academy Act of 2009, which will create the States, require intensive courses in leadership offices and provided the additional space for first stand alone university dedicated solely to and public service, and eventually help place public hearings that our historic Capitol build- producing highly qualified and well-trained ci- students in positions throughout the public ing could not accommodate. The very char- vilian public servants. sphere. Moreover, by providing students with acter of the General Assembly was changed The new century has brought immense a federally-funded education, the stress of with the members finding a stronger voice and challenges that require strong and prepared, debt would be eliminated, and their commit- taking a more active role in shaping public pol- competent and committed public servants. On ment to the public service sector for at least icy. He has been called the ‘‘father of the the eve of the retirement of the baby-boom five years could lead to lifelong service. modern legislature’’ and there could not be a generation, our nation presses for a new gen- Madam Speaker, last year, over 120 bipar- more fitting tribute to his legacy. eration of teachers, firefighters, and federal tisan cosponsors in the House of Representa- His passion for service stretched far beyond employees to fill the potential void these retir- tives joined in the effort to create the Public Connecticut politics. A Professor of Geography ees will leave. Our civil servants will have to Service Academy. I am encouraged by the and African Studies, Irv taught at both South- address the need to finance entitlement costs early support of over 25 cosponsors in just a ern Connecticut State University as well as in an age of trillion dollar deficits; the need to few weeks of circulating this year’s proposal.

VerDate Mar 15 2010 11:00 Aug 26, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0689 Sfmt 9920 E:\BR09\E23AP9.001 E23AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10634 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 23, 2009 The time to create a United States Public Dr. C. Brent DeVore has been a tireless ad- In addition to his work at Otterbein College, Service Academy is now. I look forward to vocate for higher education. Known to his Dr. DeVore has made a lasting impression on working with my colleagues and the commit- peers as, ‘‘the Dean of Higher Education,’’ Dr. the community. He has made service a priority tees of jurisdiction to bring attention to this DeVore has brought a great deal of leadership of the college and student life. Last year issue and make the Public Service Academy to Otterbein College throughout his 24 years alone, Otterbein students donated over 32,000 a reality. of service. His service on the boards of 23 na- hours of community service to Central Ohio. f tional and local non profit organizations Nearly 70 percent of the student body has earned him the honor of the President’s Call participated in service projects throughout the RECOGNIZING DR. C. BRENT to Service Award for Lifetime Achievement community. Otterbein’s generous service to DEVORE from the Corporation for National and Commu- the community earned Otterbein College the HON. PATRICK J. TIBERI nity Service. President’s Award for General Community Otterbein has grown to 3,107 students Service in February 2008 from the White OF OHIO under Dr. DeVore’s guidance. He has im- House. IN THE HOUSE OF REPRESENTATIVES proved retention rates and increased the en- For his years of service at Otterbein College Thursday, April 23, 2009 dowment from $6 million to $100 million. Not and consistent hard work toward the better- Mr. TIBERI. Madam Speaker, it is my pleas- only have student facilities been renovated, ment of our higher education system, I com- ure to recognize Dr. C. Brent DeVore for his but land acquisition has nearly doubled the mend Dr. C. Brent DeVore upon his retire- service and tenure at Otterbein College. size of campus under Dr. DeVore’s direction. ment.

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