SENATE—Tuesday, July 14, 2009

17588 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 SENATE—Tuesday, July 14, 2009

The Senate met at 10 a.m. and was SCHEDULE The costs of health care today are called to order by the Honorable RO- Mr. REID. Mr. President, following staggering. Families in every part of LAND W. BURRIS, a Senator from the leader remarks, the Senate will be in a Nevada and in every State feel this State of Illinois. period of morning business, with Sen- every day. But the costs could get ators allowed to speak for up to 10 min- much higher. If we do not act, they will PRAYER utes each. The majority will control get worse, much worse, much higher. The Chaplain, Dr. Barry C. Black, of- the first 30 minutes, the Republicans If we do not act, they will get higher. The average American family today fered the following prayer: will control the final 30 minutes. Fol- pays twice as much for its health care Let us pray. lowing morning business, the Senate then it did a decade ago. If we do not Almighty God, our help in ages past will resume consideration of the De- act, less than a decade from now those and our hope for years to come, thank partment of Defense authorization bill. costs will double again. Families are You for the demonstrated durability of Pending is an amendment dealing not making more money, but they are our governmental institutions and for with the airplane, the F–22. That paying more trying to get healthy and those who serve You faithfully by pre- amendment has been offered by Sen- to stay healthy. If we do not act, less serving our freedom. Bless our Sen- ators LEVIN and MCCAIN, the two man- than a decade from now you will spend ators as they strive to do Your will. agers of this bill. The President has in- almost half your family’s income on Lord, manifest Your presence and dicated if the F–22 language stays in health care. No one can be expected to power in their daily work so that they the bill, he will veto it. afford that. No one should have to af- will not become weary in doing good. A decision has to be made today as to ford that. Move them toward the deeper dedica- how we are going to dispose of this After a while, the trillions of dollars tion and the higher purpose of pro- amendment, either by passing it or by millions of families spend start to add viding hope for the marginalized in our moving beyond it in some way. We will up. Our country spends on health care world. Show them what they can do to recess today from 12:30 until 2:15 to twice as much per person than any bring about the moral and spiritual re- allow for the weekly policy lunches. other developed nation on the planet. newal of this Nation in order to hasten There will be no rollcall votes after 2 Health care costs consume almost 20 the coming day of justice and peace in or 2:30 today. cents of every dollar we spend. That is our world. We pray in the Name of the f of every dollar spent in America. If we King of Kings. Amen. HEALTH CARE REFORM do not act, in a generation it will consume more than one-third of every dol- f Mr. REID. Mr. President, I think lar. nearly every one of us has gone to the PLEDGE OF ALLEGIANCE You may be fortunate enough to af- doctor and taken home advice to help ford health care this year, but if we do The Honorable ROLAND BURRIS led us get better or to live healthier. the Pledge of Allegiance, as follows: not act, you may not be able to say the Maybe at one point in our lives, we same next year. If we do not act, your I pledge allegiance to the Flag of the were told, for example, to exercise children will likely not be able to say United States of America, and to the Repub- more. Maybe we were told to cut some- the same when they grow up. lic for which it stands, one nation under God, thing out of our diet, lose some weight, indivisible, with liberty and justice for all. Last Thursday, I was in an event add something to it, gain some weight, with Senator MURRAY, where she got f change your diet in some way. notice from the State of Washington Maybe we were prescribed medica- that 135,000 people who are bene- APPOINTMENT OF ACTING tion for a short while or for a long ficiaries of a health insurance plan in PRESIDENT PRO TEMPORE while. People within the sound of my her State got a notice that the average The PRESIDING OFFICER. The voice in this Senate Chamber all have rate of increase to the 135,000 recipients clerk will please read a communication been to doctors, and many are taking of health care in that plan will have an to the Senate from the President pro medicine now. It is not always easy to increase on an average of 17.5 percent. tempore (Mr. BYRD). hear the advice doctors give or to fol- Staggering. We have all read the The legislative clerk read the follow the advice they give. It is never charts and seen the numbers repeated lowing letter: easy to change your lifestyle, even if by those who oppose fixing our broken U.S. SENATE, you know you will be better in the long health care system. There are charts PRESIDENT PRO TEMPORE, run. and there are conversations all toward Washington, DC, July 14, 2009. But you also know the risk of not fol- maintaining the status quo, keeping To the Senate: lowing your doctor’s orders and the things the way they are. But it is as if Under the provisions of rule I, paragraph 3, consequences of not taking your medi- they have not bothered to do the math of the Standing Rules of the Senate, I hereby cine. The costs of doing nothing are far on the costs of doing nothing. appoint the Honorable ROLAND BURRIS, a greater. You know that if you do not Health care reform is economic re- Senator from the State of Illinois, to per- do something this time, the news after form the duties of the Chair. form. That is why we want to lower ROBERT C. BYRD, your next checkup may even be worse; skyrocketing costs and bring stability President pro tempore. it will take even more drastic steps or and security back to health care. That Mr. BURRIS thereupon assumed the more difficult changes to get healthy is why we are committed to passing a chair as Acting President pro tempore. again. plan that protects what works and Well, America has had its checkup, fixes what does not. I am encouraged f and the prognosis is not promising. Our by the cooperation and commitment of health care system is sick. It is not several Republican Senators willing to RECOGNITION OF THE MAJORITY healthy. Our doctor’s orders are very work with us to get that done and to LEADER clear: If we do not start taking better get it done before it is too late. The ACTING PRESIDENT pro tem- care of ourselves, it is only going to get I appreciate the tireless work of our pore. The majority leader is recog- worse. This is the message America Finance and HELP Committees, Demo- nized. has. crats and Republicans, as they write a

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

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17589 prescription for America that will clear about what they want to see in a America’s jobs over the past decade at work. I had a call last night about 10 result. Americans want health care a time when the unemployment rate is from CHRIS DODD, indicating the that is more affordable and accessible, approaching 10 percent. According to progress that has been made in the but they also want to preserve the the President of the National Federa- HELP Committee. choice and quality that our current tion of Independent Business, some Republicans have offered hundreds of system provides. proposals currently being considered in amendments—hundreds of amend- We also know what Americans do not Congress could kill more than 1.5 mil- ments—and they are working their way want. They do not want a government lion jobs. And there is strong evidence through those. Those Republican plan that forces them off their current that low-wage workers, minorities, and amendments sometimes improve the insurance; denies, delays, and rations women would be hardest hit. In the legislation. For example, Senator DODD care; or costs trillions of dollars, only middle of a recession, we should be said he was very pleased they were able to leave millions of Americans with looking for ways to create jobs, not de- to work something out on bio- worse health care than they currently stroy them. We should be looking for generics—that is a prescription physi- have. ways to help workers, not hurt them. cians get—and there is some real activ- And Americans certainly do not want Americans want health care reform. ity out there as to how that is going to us to throw together some patchwork But they do not want so-called reforms be treated. plan that nobody has had a chance to that could costs trillions of dollars, An amendment offered by Senator look at, and then rush it out the door that could increase insurance premiums, or that could cause millions to HATCH was adopted by the committee. I the way the stimulus bill was, just so end up with worse care than they now appreciate the work of our Finance and politicians in Washington can say they have. And they certainly do not want a HELP Committees as they write a pre- accomplished something. slapped-together plan that’s paid for on scription for America that will work. Americans are increasingly con- the backs of seniors and small business I still aim to bring the bill to the cerned about some of the proposals owners. floor this month, but it appears some- coming out of Washington, and they Instead, Americans want us to work what to ignore the doctor’s orders. I are concerned about the cost, about together on proposals that are likely to wish I could say they do so at their who gets stuck with the bill. garner strong bipartisan support. I own peril. Yet if a handful of Senators And they are concerned for good rea- have listed many of these proposals re- stand in the way of the change we so son. peatedly over the past several weeks, drastically need, urgently need, they All the cost estimates we have seen such as reforming medical malpractice will endanger not just them but all of for Democrat reform proposals have laws to get rid of junk lawsuits and us. They will endanger families of been staggering, and most of them only bring down costs, and encouraging every background, businesses of every hint at what the true cost of these wellness and prevention programs such size, and our Nation’s collective future. changes might be. as those that help people quit smoking We have already seen what happens Moreover, some estimates claim to and overcome obesity, programs that when we do nothing. Over the past 8 cover a 10–year period but actually have already been shown to cut costs. years of inaction, the cost of health only cover a 6 year period. These are some of the commonsense care rose to record levels, and the num- We also know from hard experience ideas Americans are looking for on ber of Americans who cannot afford in- with programs like Medicare and Med- health care reform. surance did the same. Senator PATTY icaid that government-run health plans Health care reform will not be easy. MURRAY’S story is certainly relevant. are likely to cost far more in the long But it does not have to bury our chil- For the 135,000 people in the State of run than original estimates suggest. dren and grandchildren deeper in debt Washington, a 17.5-percent increase, on And we have seen that with the cur- when so far this year we’re already average, of their policies, is what they rent administration initial estimates spending an average of $500 million a have to pay. and assurances are not always on tar- day in interest on the national debt. For the millions of families who file get. Earlier this year, the Administra- The proposal I have mentioned should for foreclosure because they cannot af- tion predicted the stimulus bill would be easy for everyone to agree on. They ford both their house and health care, keep unemployment below 8 percent. It would lead to measurable results. And not acting is not an option. For the is now approaching 10 percent. they would not force anyone to lose the millions of Americans who file for So Americans are increasingly con- care they have, see cuts to Medicare, or bankruptcy because their medical bills cerned about cost. This is why the ad- foist higher taxes on small businesses. grow higher and higher and higher, not vocates of government-run health care Americans are concerned about the acting is not an option. For the mil- are scrambling for a way to pay for it. cost of reform. We should work hard to lions of Americans who have skipped a But in their rush to find the money, assure them that we are too. doctor’s visit or treatments they need they have come up with some terrible I yield the floor and suggest the ab- to stay healthy or who never fill a pre- ideas, such as forcing small business sence of a quorum. The ACTING PRESIDENT pro tem- scription their doctor gives them be- owners and seniors to pick up the tab pore. The clerk will call the roll. cause health care is simply too expen- through higher taxes and cuts to Medi- care. The legislative clerk proceeded to sive, not acting is not an option. call the roll. Our health care system is not Let me repeat that: the advocates for government-run health care now want Mrs. SHAHEEN. I ask unanimous healthy. Americans’ physical health consent that the order for the quorum and America’s fiscal health are at small business owners and seniors to pay for their plan through higher taxes call be rescinded. stake, and not acting is not an option. The ACTING PRESIDENT pro tem- and cuts to Medicare. This is exactly f pore. Without objection, it is so or- the wrong approach. Raiding one insol- dered. RECOGNITION OF THE MINORITY vent government-run program to cre- LEADER ate another is not reform. It is using f The ACTING PRESIDENT pro tem- old ideas to solve a problem that calls RESERVATION OF LEADER TIME pore. The minority leader is recog- for fresh thinking. Medicare should be The ACTING PRESIDENT pro tem- nized. strengthened for future generations, pore. Under the previous order, the f not used as a piggy bank to fund more leadership time is reserved. government programs. f HEALTH CARE WEEK VI, DAY II As for tax hikes on small business Mr. MCCONNELL. Mr. President, as owners, this is the last thing we should MORNING BUSINESS both parties work together on reform- be doing to the people who have cre- The ACTING PRESIDENT pro tem- ing health care, Americans have been ated approximately two-thirds of pore. Under the previous order, there

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17590 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 will be a period of morning business for ance on Mental Illness in New Hamp- members, communities and families to 1 hour, with Senators permitted to shire, has provided hundreds of officers, recognize the warning signs of suicide speak for up to 10 minutes each, with Chaplains and other Guardsmen with after deployment and to cope with the the time equally divided between the an interactive, community-based sui- loss of a loved one. two leaders or their designees, with the cide prevention training. Through Con- Fortunately for us in New Hamp- majority controlling the first half and nect, a Guard member who returns shire, our National Guard identified the Republicans controlling the final home from duty learns how to recog- that need early and went above and behalf. nize the warning signs of suicidal beyond Yellow Ribbon, creating a pilot The Senator from New Hampshire. havior, how to respond to someone who program to ensure that the New Hamp- f shows those signs, and where to point shire Guard community has the tools that person to the services he or she they need to prevent suicides when sol- SUICIDE PREVENTION needs. diers return from battle. Studies of the Mrs. SHAHEEN. Mr. President, I rise But the program doesn’t end with the Connect Program have shown that peo- today to speak about an amendment Guard member. It also provides this ple who receive this training feel par- that I have filed to the National De- training to the Guard member’s com- ticularly well-prepared to not only rec- fense Authorization Act of 2010. This munity. The Guard member’s com- ognize the warning signs of suicide, but amendment is to ensure that commanding officers are trained to recog- also to respond to suicides in their prehensive suicide prevention services nize suicidal tendencies in the soldiers communities. will be offered to our National Guard who they command. Guard families, But others across the country may and Reservists as part of the Yellow who often have no experience with not be so fortunate. That is why this Ribbon Reintegration Program. mental illness and suicide, are also amendment would require the Office Sadly, too often we hear about the provided with that training. This is es- for Reintegration Programs to estab- death of an armed services member pecially critical because, unlike active lish a program to provide these mem- from an unnecessary and preventable duty personnel, Guard members don’t bers, their families, and their commu- suicide. Suicide has become an increas- see their fellow soldiers every day nities with training in suicide preven- ingly severe problem across the Armed when they come back from being de- tion and community healing in re- Forces. For the first time in history, ployed. Instead, they go back to their sponse to suicide. The principals of the the number of battlefield suicides in families and civilian communities, program would be modeled on the na- early 2009 was higher than the number which simply aren’t capable of recog- tionally recognized pilot program that of combat deaths. I am pleased that the nizing the warning signs of suicidal be- has worked so well in New Hampshire. I am pleased that the amendment is Defense Authorization Act we are con- havior. The Connect Program fills a supported by the National Guard Asso- sidering supports increased efforts to crucial gap because it uses interactive ciation of the United States. Please prevent suicide among active duty per- training to emphasize that mental join us in making these critical serv- sonnel. However, there is currently no health is a community responsibility. requirement that all National Guard The Connect Program also ensures ices a standard part of our outreach to National Guard members, families, and members and communities have access that community members know how to communities across the country. to a comprehensive suicide prevention cope with and respond to a suicide in Mr. President, I ask unanimous con- program. the Guard community. People who sent that a copy of the amendment be Even in the wake of suicides, Guard know someone who has died by suicide printed in the RECORD at this point. members are often called back to ac- are statistically at increased risk of There being no objection, the text of tive duty and redeployed into dan- taking their own life. The program the bill was ordered to be printed in gerous and intense combat situations. helps communities reduce that risk the RECORD, as follows: Suicide devastates not only military and promote healing in response to a On page 161, after line 23, add the fol- families but also military communities suicide, which is an essential element lowing: and fellow soldiers. Currently, while of any suicide prevention program. SEC. 557. EXPANSION OF SUICIDE PREVENTION active duty soldiers receive suicide pre- Thanks to their effective work in re- AND COMMUNITY HEALING AND RE- vention training programs, there are sponse to suicides, Connect has been SPONSE TRAINING UNDER THE YEL- no established programs to train Na- LOW RIBBON REINTEGRATION PRO- designated as a National Best Practice GRAM. tional Guardsmen and Reservists to Program in Suicide Prevention and its Section 582 of the National Defense Au- prevent suicides when they return to work with the National Guard was re- thorization Act for Fiscal Year 2008 (Public their communities from deployment. cently recognized as a model program Law 110–181; 10 U.S.C. 10101 note) is amend- And the families of Guardsmen and Re- by the Substance Abuse Mental Health ed— servists do not receive training under Services Administration in the Depart- (1) in subsection (h)— Yellow Ribbon to recognize the warn- ment of Health and Human Services, (A) by striking paragraph (3); and ing signs of suicide. (B) by redesignating paragraphs (4) HHS. through (15) as paragraphs (3) through (14), In Afghanistan and Iraq, we increas- But not all State National Guards respectively; and ingly rely on our National Guard and offer such comprehensive suicide pre- (2) by adding at the end the following new Reservists. We see that first-hand in vention programs after deployment. In subsection: New Hampshire: Recently, more than the Army National Guard alone, there ‘‘(i) SUICIDE PREVENTION AND COMMUNITY 1,100 members of the 197th Fires Bri- have been 29 confirmed suicides this HEALING AND RESPONSE PROGRAM.— gade, which includes units from Berlin, year among Army Guardsmen who ‘‘(1) ESTABLISHMENT.—As part of the Yel- Franklin and Manchester, NH, received were not on active duty. I rise today low Ribbon Reintegration Program, the Of- notice that they can expect to be de- fice for Reintegration Programs shall estab- because we need to extend these crit- lish a program to provide National Guard ployed to the Middle East. Fortu- ical services across the country before and Reserve members, their families, and nately, when these soldiers return even more soldiers fall through the their communities with training in suicide home from battle, they and their com- cracks. prevention and community healing and re- munities will have comprehensive sui- The Yellow Ribbon Reintegration sponse to suicide. cide prevention training available to Program has been a tremendously im- ‘‘(2) DESIGN.—In establishing the program them. That is thanks to the initiative portant and successful effort to transi- under paragraph (1), the Office for Reintegra- of New Hampshire’s National Guard’s tion our Guard members back to civil- tion Programs shall consult with— pilot Program, the Connect Program, ian life. However, these Guard and Re- ‘‘(A) persons that have experience and expertise with combining military and civilian that has gone beyond the Yellow Rib- servist suicides have made clear that intervention strategies that reduce risk and bon Program. Yellow Ribbon is simply incomplete promote healing after a suicide attempt or To date, the Connect Program, which without an established, nationally im- suicide death for National Guard and Re- is administered by the National Alli- plemented program that trains Guard serve members; and

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17591 ‘‘(B) the adjutant general of each State, Mr. ALEXANDER. Thank you, Mr. National Press Club about the Repub- the Commonwealth of Puerto Rico, the Dis- President. lican plan for clean energy. We call it trict of Columbia, Guam, and the Virgin Is- f a low-cost clean energy plan. It begins lands. with the idea of building 100 new nu- ‘‘(3) OPERATION.— HEALTH CARE REFORM COST clear power plants in the next 20 years; ‘‘(A) SUICIDE PREVENTION TRAINING.—The Mr. ALEXANDER. Mr. President, the Office for Reintegration Programs shall pro- electrifying half our cars and trucks in vide National Guard and Reserve members President has expressed several times the next 20 years; exploring for natural with training in suicide prevention. Such his concern about our Nation’s debt. gas, which is low carbon, and oil off- training shall include— We Republicans have a great concern shore—if we are going to continue to ‘‘(i) describing the warning signs for sui- about the amount of debt being use oil, it might as well be our own— cide and teaching effective strategies for pre- stacked up in this country. and then, finally, doubling our research vention and intervention; President Obama’s proposals will, and development budget, as President ‘‘(ii) examining the influence of military over the next 10 years, add three times Obama has proposed, so we can have culture on risk and protective factors for as much to the national debt, almost, ‘‘mini Manhattan Projects’’ in renew- suicide; and as was spent during World War II, ac- able energy to try to reduce renewable ‘‘(iii) engaging in interactive case sce- cording to the Washington Post. The narios and role plays to practice effective energy technologies’ costs and make President has had a summit on entitle- intervention strategies. ment spending, which is the principal them more reliable so they can con- ‘‘(B) COMMUNITY HEALING AND RESPONSE cause of the debt. He has said we need tribute to our energy needs. TRAINING.—The Office for Reintegration Pro- I would like to make a few remarks to pay for programs as we go. If we grams shall provide the families and commu- today on our low-cost plan for clean, nities of National Guard and Reserve mem- spend a dollar, we should save a dollar renewable energy and compare it with bers with training in responses to suicide or tax a dollar. More recently he has that promote individual and community said that health care legislation has to what is coming over from the House, healing. Such training shall include— be paid for. which is a high-cost plan. ‘‘(i) enhancing collaboration among com- Well, Mr. President, we are rushing Our country is at a critical point. munity members and local service providers down a road to pass a bill without The recession is the most severe in dec- to create an integrated, coordinated commu- knowing what it costs. I just left the ades. Unemployment is nearing 10 per- nity response to suicide; work we are doing in the HELP Com- cent. We have too much national debt. ‘‘(ii) communicating best practices for pre- mittee. The Finance Committee is A gathering storm threatens the tech- venting suicide, including safe messaging, nological edge that has given Ameri- appropriate memorial services, and media working hard. We had a bipartisan guidelines; breakfast of nearly 20 Senators this cans—only about 5 percent of the ‘‘(iii) addressing the impact of suicide on morning discussing how we could have world’s people—a remarkable standard the military and the larger community, and a bipartisan result in health care this of living that comes from producing 25 the increased risk that can result; and year. percent of the world’s wealth. We re- ‘‘(iv) managing resources to assist key But we cannot do it unless we know member last year’s high oil prices. We community and military service providers in how much it costs. It affects 16 percent know we are relying too much on other helping the families, friends, and fellow sol- of our entire national budget. We do countries for energy. There is the un- diers of a suicide victim through the proc- not have a bill yet. The HELP Com- finished job of cleaning our air, and, for esses of grieving and healing. mittee may have one by the end of the many, the global warming of our plan- ‘‘(C) COLLABORATION WITH CENTERS OF EX- CELLENCE.—The Office for Reintegration Pro- week, in which Republicans have had et is an urgent concern. grams, in consultation with the Defense Cen- almost no input. The Finance Com- It is against this backdrop that for ters of Excellence for Psychological Health mittee is trying to develop a bipartisan the first time ever legislation dealing and Traumatic Brain Injury, shall collect bill, but they are not going to begin broadly with climate change and en- and analyze ‘lessons learned’ and suggestions writing a bill until next week. Then it ergy is coming out of the House. We from State National Guard and Reserve or- will take several weeks to know what are working on the same subjects in ganizations with existing or developing sui- it costs. We need to know, not just so the Senate. The decisions we make will cide prevention and community response we do not add to the debt, but so we affect our well-being for years to come. programs.’’. can understand what the various op- The House has chosen the high-cost Mrs. SHAHEEN. Mr. President, I sug- tions are and how much they cost. solution to clean energy and climate gest the absence of a quorum. We are talking about Medicare cuts change. Its economy-wide cap-and- The ACTING PRESIDENT pro tem- and spending Grandma’s Medicare trade and renewable energy mandate is pore. The clerk will call the roll. money on somebody else. How much a job-killing, $100 billion-a-year na- The legislative clerk proceeded to does that cost? We are talking about tional energy tax that will add a new call the roll. taxes on employers. How much does utility bill to every American family Mr. ALEXANDER. Mr. President, I that cost? We are talking about adding budget. ask unanimous consent that the order to the debt. By exactly how much? We Republican Senators offer a different for the quorum call be rescinded. are talking about a surtax on incomes. approach, a low-cost plan for clean en- The ACTING PRESIDENT pro tem- We are talking about extensive in- ergy based upon four steps: 100 new nu- pore. Without objection, it is so or- creases in State costs in Medicaid. clear plants in 20 years, electric cars dered. So we want a health care bill. But we for conservation, offshore exploration want something Americans can afford, for natural gas and oil, and doubling f and after we are through fixing health energy research and development to care, we want to make sure they have ORDER OF PROCEDURE make renewable energy cost competi- a government they can afford. We Mr. ALEXANDER. Mr. President, I tive. The Republican plan will lower agree with the President. We cannot assume the order is to begin the Repub- responsibly pass a bill on this floor utility bills and create jobs and should lican 30 minutes of morning business. I until we know what it costs. put the United States within the goals would like to take the first 20 minutes So why the rush? Let’s do it right. of the Kyoto protocol on global warm- and be informed when I have 1 minute We are talking about one of the most ing by 2030. Our plan should not add to left, and Senator GREGG will take the important pieces of legislation ever, the Federal budget since ratepayers last 10 minutes. Then the Democratic and we are talking about trillions of will pay for building the new nuclear time remaining will be reserved for the dollars. plants. Federal loan financing for the Democratic side when they want to use first nuclear plants is designed not to f it. cost the taxpayers money, and nuclear The ACTING PRESIDENT pro tem- CLEAN ENERGY plants insure one another. Offshore ex- pore. Without objection, it is so or- Mr. ALEXANDER. Mr. President, I ploration should produce revenues dered. delivered an address yesterday at the through royalties to pay for programs

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17592 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 to encourage electric cars and trucks; tury preserving it. There is no need to mandates have created ‘‘a high risk to and doubling energy research and de- destroy the environment in the name the state economy . . . and that the velopment should cost about $8 billion of saving the environment. state may be short on power by 2011 if more per year, which is consistent with None of these goals are met by the problems continue to pile up.’’ the President’s budget proposals for House-passed Waxman-Markey bill. Add to that a point that many forget: 2009 and 2010. What started out as an effort to ad- Wind and solar energy is only available So in furtherance of that Republican dress global warming by reducing car- about a third of the time because today plan, I have offered my own blueprint bon emissions has ended up as a con- it can’t be stored—you use it or you as one Senator about how to build 100 traption of taxes and mandates that lose it. Solar’s great advantage is that nuclear power plants in the next 20 will impose a huge and unnecessary the Sun shines during peak usage years, and I am looking for support on burden on the economy. Renewable en- hours, while the wind often blows at the Republican side and on the Demo- ergies such as wind and solar and bio- night when there is plenty of unused cratic side, in and out of Congress. For mass are intriguing and promising as a electricity. But with either, if you those who are watching and listening, I supplement to America’s energy re- want to be sure your lights turn on or would like to have your comments and quirements. Yet the Waxman-Markey that your factory opens its doors when suggestions at www.alexander.senate bill proves once again that one of the you go to work, you still need other .gov. government’s biggest mistakes can be power plants to back it up. This is a good time to stop and ask: taking a good idea and expanding it Is this really the picture of America Just what are we trying to accomplish until it doesn’t work anymore. we want to see 20 years from now? with energy and climate change legis- Trying to expand these forms of re- There is a much better option. We lation? What kind of America do we newable energy to the point where they should take another long, hard look at want to create during the next 20 become our prime source of energy has nuclear power. It is already our best years? huge costs and obvious flaws. What is source for large amounts of cheap, reli- Well, first, we should want to see an worse, it creates what some conserva- able, clean energy. It provides only 20 America running on energy that is tionists call ‘‘the renewable energy percent of our Nation’s electricity but clean, cheap, reliable, and abundant. In sprawl,’’ where we are asked to sac- 70 percent of our carbon-free, pollution- order to produce nearly 25 percent of rifice the American landscape and free electricity. It is already far and the world’s wealth, we consume about overwhelm fragile ecosystems with away our best defense against global 25 percent of the world’s energy. We thousands of massive energy machines warming. So why not build 100 new nu- should want an America in which we in an effort to take care of our energy clear plants in the next 20 years? create hundreds of thousands of green needs. American utilities built 100 reactors For example, one big solar power jobs, but not at the expense of destroy- between 1970 and 1990 with their own plant in the western desert where they ing tens of millions of red, white, and (ratepayers’) money. Why can’t we do line up mirrors to focus the Sun’s rays blue jobs. In other words, it doesn’t that again? Other countries are already and which spreads across more than 30 make any sense to put people to work forging ahead of us. France gets 80 per- square miles—that is more than 5 miles in the renewable energy sector if we cent of its electricity from 50 reactors, on each side—produces just the same are throwing them out of work in man- and it has among the cheapest elec- 1,000 megawatts you can get from a sin- ufacturing and high tech. That is what tricity rates and the lowest carbon gle coal or nuclear plant that sits on 1 will happen if these new technologies emissions in Europe. Japan is building square mile. And to generate the same raise the price of electricity and send reactors from start to finish in 4 years. 1,000 megawatts with wind, you need manufacturing and other energy-inten- China is planning 60 new reactors. Rus- 270 square miles of 50-story turbines. sive industries overseas, searching for sia is selling its nuclear technology all Generating 20 percent of our Nation’s cheap energy. We want clean, new, en- over the world. We are helping India electricity from wind would cover an ergy-efficient cars, but we want them get ready to build nuclear plants. area the size of West Virginia. built in Michigan and Ohio and Ten- President Obama has even said Iran To those of us in the Southeast where nessee and not in Japan and Mexico. has the right to use nuclear power for the wind blows less than 20 percent of We should want an America capable energy. Yet we haven’t built a new nu- the time, they say ‘‘use biomass,’’ of producing enough of our own energy clear plant in 30 years, and we invented which is burning wood products, sort of so we can’t be held hostage by some the technology. Why don’t we get back a controlled bonfire. That is a good other country. in the game? We should want an America in which idea. It might reduce forest fires and we are the unquestioned leader in cut- conserve resources, but let’s not expect There seem to be a couple of main ting-edge, job-creating scientific re- too much. We would need a forest a lot things holding us back: first, a failure search. larger than the Great Smoky Moun- to appreciate just how different nu- We should want an America pro- tains National Park to feed a 1,000- clear is from other technologies, how ducing less carbon. I don’t think we megawatt biomass plant on a sustained its tremendous energy density trans- ought to be throwing 29 billion tons of basis. And think of all of the energy lates into a vanishingly small environ- carbon dioxide into the environment used and the carbon produced by the mental footprint, and second, an exag- every year, so that means less reliance hundreds of trucks it will take every gerated fear of nuclear technology. on fossil fuels. day to haul the stuff to that one plant. Many have forgotten that nuclear We want an America with cleaner air Already we are beginning to see the power plants were the result of Presi- where smog and soot in Los Angeles problems. Boone Pickens, who said dent Eisenhower’s ‘‘Atoms For Peace’’ and in the Great Smoky Mountains are that wind turbines are ‘‘too ugly,’’ in program. The idea was to take perhaps a thing of the past and where our chil- his words, to put on his own ranch, last the greatest invention of the last cen- dren are less likely to suffer asthma at- week postponed what was to be Amer- tury and use it to provide low-cost en- tacks brought on by breathing pollut- ica’s largest wind farm because of the ergy to reduce poverty around the ants. difficulty of building transmission world. Finally, we should want an America lines from West Texas to population There is also a misconception that in which we are not creating ‘‘energy centers. And the Sacramento Munic- nuclear plants are uninsurable and sprawl’’ by occupying vast tracts of ipal Utility District pulled out of an- can’t exist without a big Federal sub- farmlands, deserts, and mountaintops other huge project to bring wind en- sidy. There is a Federal insurance pro- with energy installations that ruin the ergy in from the Sierra Nevada for the gram for nuclear plants called Price- scenic landscapes. The great American same reason. According to the Wall Anderson, but it has never paid a dime outdoors is a revered part of the Amer- Street Journal, California officials are of insurance. Today, the way it works ican character. We have spent a cen- worried that the State’s renewable is every one of the 104 nuclear plants in

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17593 the country can be assessed $100 mil- This is the sensible way to go: nu- Again, let’s try to put that in context. lion in damages for an accident at an- clear power, electric cars, exploration That is about 4 to 5 percent of our other reactor. So that is another factor offshore, and doubling research and de- gross national product every year. adding to safety consciousness. velopment. This policy of cheap and If you were in Europe and you wanted Most reactors have revenue of $2 mil- clean energy will help family budgets to get into the European Union, which lion a day, which pays for the $5 billion and create jobs. It will also prove to be is a legitimate group of industrialized construction loans and still makes pos- the fastest way to increase American nations, they have rules for how fis- sible low rates for consumers. For ex- energy independence, clean our air, and cally solvent you must be as a nation. ample, when the Tennessee Valley Au- reduce global warming. One of their rules says your deficit can- thority restarted its Brown’s Ferry I hope those listening will let me not exceed 3 percent of your gross na- Unit 1 reactor 2 years ago, TVA know their thoughts about our blue- tional product. Yet under President thought it would take 10 years to pay print for 100 nuclear power plants in Obama and his proposed budget, our off the $1.8 billion construction debt. It the next 20 years. The way to do that is deficit will average 4.5 percent to 5 per- took 3 years. When oil prices were sky- to visit www.alexander.senate.gov. cent of our gross national product for rocketing, Connecticut proposed put- I thank the Chair, and I yield the the next 10 years, over $1 trillion a ting a windfall profits tax on the floor. year. state’s two reactors because they were The PRESIDING OFFICER (Mrs. To what does this lead? It leads to making so much money. GILLIBRAND). The Senator from New massive expansion of debt, as this Nuclear power is the obvious first Hampshire. chart shows, a debt which will be 85 step to a policy of clean and low-cost f percent of our GDP. What does that energy. One hundred new plants in 20 NATIONAL DEBT mean, 85 percent of our GDP? The pub- years would double U.S. nuclear pro- lic debt of a nation is the debt held by Mr. GREGG. Madam President, yes- duction, making it about 40 percent of other people, specifically Americans all electricity production. Add 10 per- terday was not a great day for our Na- tion. For the first time in our history, and other countries, primarily, in our cent for Sun and wind and other renew- case, China. They are the biggest hold- able sources. Add another 10 percent the deficit of this Nation passed $1 trillion—$1 trillion. That is a number I do er of our debt. Historically, whether a for hydroelectric, maybe 5 percent for country or individuals are willing to natural gas, and we begin to have a not think anybody ever expected to see as a deficit for our country. buy the debt of a nation depends on cheap, as well as a clean, energy policy. whether that nation is seen as being Step two is to electrify half our cars To try to put it in perspective, as a able to pay off that debt, that there is and trucks. According to estimates by percentage of our GDP, that is about 13 a reasonable likelihood of that, or Brookings Institution scholars, there is percent. We have not had that size def- whether the Nation has the strength to so much unused electricity at night icit since we were in World War II. The pay off that debt. that we can also do this in 20 years implications of that deficit are stag- There are rules of thumb here too. without building one new power plant gering for us as a nation but, more im- Again, in order to get into the Euro- if we plug in vehicles while we sleep. portantly, it represents a clear and pean Union, you have to have a ratio of This is the fastest way to reduce de- present danger to our children and our less than 60 percent public debt to your pendence on foreign oil, keep fuel children’s children and to this Nation’s nation’s debt, to your nation’s GNP, prices low, and reduce the one-third of fiscal solvency. gross national product. carbon that comes from gasoline en- Remember, we are not through the Yesterday, under this proposal, under gines. fiscal year yet. It is estimated that Step three is to explore offshore for this deficit will continue up for the this administration, as we are seeing in natural gas—it is low carbon—and oil— rest of the year. It is estimated that action as we passed the $1 trillion debt using less, but using our own. $1.8 trillion will be the deficit we will line yesterday, that public debt goes The final step is to double funding for be facing in 2010, and over $1 trillion well past 65 percent very quickly with- energy research and development and the next year. These are numbers in the next 2 years, and then it con- launch mini Manhattan Projects such which are so huge they are incompre- tinues to head up to 80 percent. In as the one we had in World War II, this hensible—incomprehensible to myself other words, our public debt will be so time to meet seven grand energy chal- and to most Americans. But they high we would be considered so irre- lenges: improving batteries for plug-in translate into a very significant prob- sponsible as a nation fiscally that the vehicles; making solar power cost-com- lem, which is that we will be passing European nations, which are industri- petitive with fossil fuels; making car- on to our children, as a result of all alized countries, under their rules bon capture a reality for coal-burning this debt, a nation which they cannot would not be able to allow us into the plants; safely recycling used nuclear afford. European Union. Not that we wish to fuel; making advanced biofuels—crops What is the cause of this debt? What seek entry, but clearly that is a stand- we don’t eat—cost-competitive with is causing this massive expansion in ard at which we should look. gasoline; making more buildings green deficits? Primarily it is spending. It is If you look at it historically, our buildings; and providing energy from not that we are a nation that is public debt—and what most economists fusion. undertaxed. It is that we are a nation agree is reasonable—has been between We can’t wait any longer to start that is simply spending too much. 30 and 40 percent of gross national building our future of clean, reliable, My colleague on the other side of the product. That is a manageable public and affordable energy. The time has aisle, the chairman of the Budget Com- debt. But when you double that debt as come for action. We must open our mittee, Mr. CONRAD, is fond of saying a percent of GDP, you are putting us minds to the possibilities and potential the debt is the threat. He is absolutely on a path, a spiraling path downward of nuclear power. We have a clear right because that is the threat to this into fiscal insolvency and a nation choice between a high-cost clean en- Nation. which cannot sustain its own debt. ergy plan coming from the House—one It is important to put in context, To try to address this in another that is filled with taxes and mandates though, that this is not a momentary way, President Obama’s proposals for and a new utility bill for every Amer- event. We are not running up these spending will more than double the ican family, one that will drive jobs deficits just today. But as we look into debt in the next 5 years and triple it in overseas searching for cheap energy— the outyears under the Obama budget, the next 10 years. In fact, if you take or we can enact our own cheap and the deficits go up astronomically for as all the debt that has been run up in our clean energy policy and lower utility far as the eye can see, leading to debt Nation from the beginning when bills and keep jobs here and produce which is unsustainable. George Washington was President food here at a price that is low so Over the next 10 years, the average through George W. Bush’s term in of- Americans can afford to buy it. deficit of this Nation will be $1 trillion. fice, take all that debt, President

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17594 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 Obama has proposed and is spending— sically used in many areas to expand The PRESIDING OFFICER. Without this government is spending—at a rate the government with lots of new pro- objection, it is so ordered. that will double that debt in just 5 grams but also to underwrite a huge Mr. MCCAIN. Madam President, the years. It is an inexcusable action to corporate welfare program. pending business, I understand, is the pass this much debt on to our children. Then the other proposal we have DOD authorization bill. This chart, called the ‘‘Wall of Debt,’’ from the administration that is major The PRESIDING OFFICER. The Sen- puts it in numerical terms. We can see public policy is the issue of health ate is still in morning business, and the how it goes up and up and up and up. care. Again, proposals are about ex- Democrats control the remaining time. By the end of this budget, the debt will panding dramatically the size of gov- Mr. MCCAIN. And when does that have increased three times—three ernment. In fact, the bill being worked time expire? times from about $6 billion to $16 bil- on in the HELP Committee, by its own The PRESIDING OFFICER. There is lion, about $5.5 to $16 trillion—excuse scoring, is at least $1 trillion unfunded. 7 minutes remaining. me, trillion dollars. It is hard to use That adds to the debt. That is going to Mr. MCCAIN. Madam President, I the term ‘‘trillion.’’ go on top of this debt. suggest the absence of a quorum. This is intolerable. To the extent there are new taxes The PRESIDING OFFICER. The How do we address this situation? We being talked about—and there are a lot clerk will call the roll. need to control spending, and we need, of them, especially in the House of The assistant legislative clerk pro- to the extent we raise taxes, to use Representatives—those taxes are not ceeded to call the roll. being used to reduce the debt. They are those taxes to reduce our debt, not ex- f pand the size of government. Yet what being used to grow the size of government, to increase the government. As a CONCLUSION OF MORNING are the proposals we are seeing coming result, the debt does not go down; the BUSINESS from this administration and Members government’s size goes up when we on the other side of the aisle? The PRESIDING OFFICER. Morning should be focusing on this debt issue. business is closed. We have seen a House of Representa- It is unconscionable that we as one tives proposal in the area of energy generation would be running up these f called the cap-and-trade bill, which types of deficits and passing this type NATIONAL DEFENSE AUTHORIZA- should be more accurately described as of debt on to our children. There may TION ACT FOR FISCAL YEAR 2010 the cap-and-tax bill because it creates be an excuse for it during a period of a national sales tax of inordinate size. The PRESIDING OFFICER. Under recession—— the previous order, the Senate will now We have never seen anything of this The PRESIDING OFFICER. The Sen- size before. Every time you hit your resume consideration of S. 1390, which ator’s time has expired. the clerk will report. light switch, you are going to end up Mr. GREGG. Madam President, I ask The assistant legislative clerk read paying a new tax under this bill for the for 1 additional minute. purpose of addressing climate change The PRESIDING OFFICER. Without as follows: and energy policy. Yet it does not real- objection, it is so ordered. A bill (S. 1390) to authorize appropriations ly accomplish any of that. Mr. GREGG. Madam President, there for fiscal year 2010 for military activities of The primary polluter in America may be an excuse for it during a reces- the Department of Defense, for military con- sion—and we are in a recession, a se- struction, and for defense activities of the today is the automobile. All that the Department of Energy, to prescribe military new tax that is being put in place from vere one—but there is no excuse for it personnel strengths for such fiscal year, and the House bill does is increase the cost as we move out of this recession, and for other purposes. we are moving out of this recession. or increase the tax on gasoline. It does Pending: not reduce the mileage. It does not re- There is no excuse for having deficits that are $1 trillion for the next 10 Levin/McCain amendment No. 1469, to duce the pollution. It just increases the strike $1,750 million in procurement, Air tax. years. There is no excuse for running Force funding for F–22A aircraft procure- As Senator ALEXANDER spoke prior to deficits of 4 to 5 percent of GDP for the ment, and to restore operation and mainte- my speaking, in the area of energy pro- next $1 trillion. There is absolutely no nance, military personnel, and other funding duction, electrical production, cap and excuse for putting a debt on our chil- in divisions A and B that was reduced in trade simply becomes a windfall, a dren’s backs that is 80 percent of the order to authorize such appropriation. pure and simple corporate welfare pro- GDP of this country because what we The PRESIDING OFFICER. The Sen- gram for a lot of large, major electrical are doing is passing on to our children ator from Michigan. producers. They get this asset, a cer- a nation with fiscal policies that are Mr. LEVIN. Madam President, the tificate to sell, which we have seen unsustainable and which will basically Levin-McCain amendment which is be- generate huge amounts of income to give them less of a lifestyle than we re- fore the Senate would strike $1.75 bil- them, in exchange for theoretically received from our parents. No generation lion in funding for the F–22 aircraft ducing the amount of emissions that go should do that to another generation. that is in the committee bill that was into the atmosphere. Yet there are no policy proposals com- adopted on a very close vote, and we If you wanted to address this issue, ing forward from this administration would also restore some very serious which would turn this debt line down. you don’t do it with a massive new tax reductions that had to be adopted in None. Instead, their policy proposals on American workers, which is then order to pay for that increase. increase the size of government and in- basically given back to the industry I come to this debate as somebody crease the tax burdens of Americans which uses it, which gets an advantage who supported the F–22 program until without reducing our debt by any sig- the numbers were achieved that were from it. Rather, you should use the nificance. It is an unfortunate situa- needed by the Air Force. This debate is ideas Senator ALEXANDER has talked tion and a difficult situation and one about and we have been talking about which we better start addressing for not about whether we are going to have on this side. Build 100 nuclear power- the sake of this country and for our the capability of the F–22, it is a debate plants in the next 20 years, move the children’s future. about how many F–22 aircraft we automobile fleet to at least half elec- Madam President, I yield the floor should have and at what cost. And we trical by the year 2020 so that you have and suggest the absence of a quorum. are talking here about whether we actually brought online nonpolluting The PRESIDING OFFICER. The should accept the recommendations of electrical power and you have put in clerk will call the roll. two Commanders in Chief, two Secre- place automobiles which do not pollute The assistant legislative clerk pro- taries of Defense, two Chairmen of the also. ceeded to call the roll. Joint Chiefs of Staff, and the Joint That is not the proposal. The pro- Mr. MCCAIN. Madam President, I ask Chiefs of Staff that 187 F–22s is what we posal is this massive new tax, not used unanimous consent that the order for need and all we can afford and all we to reduce the debt or the deficit but ba- the quorum call be rescinded. should buy.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17595 Madam President, yesterday we put The F–22 is the most capable fighter in our cluded in the FY10 defense budget. This is a in the RECORD two letters, one from the military inventory and, arguably, the world. difficult decision but one with which we are President of the United States saying Among its principal advantages are stealth comfortable. Most importantly, in this and other budget decisions, we believe it is im- he would veto a bill—not consider a and speed; and while optimized for air-to-air combat, it also has a ground attack capa- portant for Air Force leaders to make clear veto but actually veto a bill—that has bility. Requirements for the F–22 have choices, balancing requirements across or- more than 187 F–22s that are to be pro- changed significantly over the past 20 years, ange of Air Force contributions to joint ca- vided. We also put a letter from the as DoD has continued to reassess potential pabilities. Secretary of Defense and the Chairman threats, scenarios, and force structure—to Make no mistake: air superiority is and re- of the Joint Chiefs of Staff in the include the number of major combat oper- mains an essential capability for joint warfighting today and in the future. The F– RECORD yesterday going through all ations we might be challenged to conduct and their timing/phasing. 22 is a vital tool in the military toolbox and the reasons they strongly oppose any will remain in our inventory for decades to additional F–22s and oppose the com- Broadly speaking. previous assessments have concluded that a progressively more so- come. mittee language which costs $1.75 bil- phisticated mix of aircraft, weapons, and NORTON A. SCHWARTZ, lion, taking it away from some very networking capabilities will, over time and Chief of Staff. important programs. within practical limits, enable us to produce MICHAEL B. DONLEY, Today, I wish to read briefly and needed combat power with fewer platforms. Secretary of the Air then put in the RECORD a letter that As the overall requirements for fighter in- Force. came from the Secretary of the Air ventories have declined. including F–22s, the The PRESIDING OFFICER. The Sen- Force yesterday afternoon and from rising F–22 program costs also led to smaller ator from Arizona is recognized. the Chief of Staff of the Air Force op- buys. Together these trends, coupled with Mr. MCCAIN. Madam President, at posing the additional F–22s that are in constrained resources, ultimately led to a this point, I thank Chairman LEVIN for DoD-imposed funding cap and a December his important comments, especially the committee bill. This letter reads in 2004 approved program of 183 aircraft (later part: adjusted to 187). about the letters from the Secretary of As we prepared the fiscal year 2010 funding As we prepared the Fiscal Year 10 funding the Air Force and the Chief of Staff of submission, and mindful that the final lot of submission, and mindful that the final lot of the Air Force on this issue. Let me re- aircraft is scheduled for completion over the aircraft is scheduled for completion over the peat that this debate is not about de- next year, we methodically reviewed this next year. we methodically reviewed this priving, in my view, the U.S. Air Force issue from multiple perspectives. These in- issue from multiple perspectives. These in- of a much needed part of our arsenal to cluded: emerging joint war-fighting require- cluded: emerging joint warfighting require- defend this Nation’s national security; ments; complementary F–22 and F–35 roles in ments; complementary F–22 and F–35 roles in it is about whether we will continue to the future security environment; potential the future security environment; potential spend money on the F–22, of which we advantages of continuing a warm F–22 pro- advantages of continuing a warm F–22 pro- are already acquiring 187, and addition- duction line as insurance against possible duction line as insurance against possible delays/failures in the F–35 program; poten- delays/failures in the F–35 program; poten- ally adding the F–35, the Joint Strike tial impacts to the Services and inter- tial impacts to the Services and inter- Fighter, which is very badly needed by national partners if resources were realigned national partners if resources were realigned the other services as well. I believe the from the F–35 to the F–22; overall tactical from the F–35 to the F–22; overall tactical F–35, the Joint Strike Fighter, is a aircraft force structure; and funding implica- aircraft force structure; and funding implica- very important counterpart to the F– tions, given that extending F–22 production tions, given that extending F–22 production 22. The F–22 has great capabilities in to 243 aircraft would create an unfunded re- to 243 aircraft would create an unfunded re- certain areas, and the Joint Strike quirement estimated at over $13 billion. quirement estimated at over $13 billion. Fighter does too. So this debate is not And then they summarized—this is This review concluded with a holistic and just about removing the funds for the the Air Force speaking; top civilian, balanced set of recommendations for our F–22. What it is about is removing top military leader in the U.S. Air fighter force: 1) focus procurement on modern 5th generation aircraft rather than less funds for the F–22 and moving forward Force—as follows: capable F–15s and F–16s; 2) given that the F– with the Joint Strike Fighter to give We assessed the F–22 decision from all an- 35 will constitute the majority of the future the U.S. Air Force, Marine Corps, and gles, taking into account competing stra- fighter force, transition as quickly as is pru- Navy a balanced inventory that will tegic priorities and complementary pro- dent to F–35 production; 3) complete F–22 maintain the Air Force, Navy, and Ma- grams and alternatives, all balanced within procurement at 187 aircraft, while con- rine Corps as the most powerful projec- the context of available resources. We did tinuing plans for future F–22 upgrades; and 4) tions of air power in the world for a not and do not recommend F–22s be included accelerate the retirements of the oldest 4th in the FY10 defense budget. This is a difficult long time to come. generation aircraft and modify the remain- So I emphasize, this is not so much decision but one with which we are coming aircraft with necessary upgrades in capa- fortable. Most importantly, in this and other bility. about terminating a program as it is budget decisions, we believe it is important And finally, while it is tempting to focus ending a much needed program and for Air Force leaders to make clear choices, only on whether the Air Force would benefit supplementing it with another. I think balancing requirements across a range of Air from additional F–22s, which we acknowledge that sometimes this argument is por- Force contributions to joint capabilities. some in the airpower community have advo- trayed simply in the area of the F–22 Madam President, I ask unanimous cated, this decision has increasingly become itself. It is not. I know the chairman consent to have printed in the RECORD a zero-sum game. Within a fixed Air Force and I and the majority of the com- the entire letter from the Secretary of and DoD budget, however large or small, our mittee want a balanced, powerful, ca- the Air Force and the Chief of Staff of challenge is to decide among many com- pable Air Force, Marine Corps, and peting joint warfighting needs; to include in- the Air Force at this time. telligence, surveillance and reconnaissance; Navy throughout the 21st century. There being no objection, the mate- command and control; and related needs in There have been various points raised rial was ordered to be printed in the the space and cyber domains. At the same and arguments made during this de- RECORD, as follows: time. we are working to repair years of insti- bate. I would like to respond to several SECRETARY OF THE AIR FORCE, tutional neglect of our nuclear forces, re- of those arguments that have been Washington, DC, July 13, 2009. build our acquisition workforce, and taking made so far and probably will be raised Hon. CARL LEVIN, steps to improve Air Force capabilities for again during the rest of this debate. Chairman, Committee on Armed Services, U.S. irregular warfare. Ultimately, buying more The first argument addresses the fact Senate, Washington, DC. F–22s means doing less of something else and that 187 F–22s will not meet oper- DEAR MR. CHAIRMAN: As the Senate con- we did not recommend displacement of these ational demands at an acceptable level siders the FY10 Defense Authorization Bill, other priorities to fund additional F–22s. of risk. we write to reiterate our personal and pro- In summary, we assessed the F–22 decision fessional views concerning the future of the from all angles, taking into account com- In the view of some Air Force offi- F–22 program, and why we recommended to peting strategic priorities and complemen- cials, including the Air Combat Com- the Secretary of Defense that the Air Force tary programs and alternatives, all balanced mand general, John Corley, for exam- not pursue F–22 production beyond 187 air- within the context of available resources. We ple, a total of 381 F–22s would be suffi- craft. did not and do not recommend F–22s be in- cient to meet operational demands at a

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17596 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 low level of risk and a total of 243 to He concluded, ‘‘frankly, to be blunt Gates has pointed out several times, 250 would be sufficient to meet oper- about it, the notion that not buying 60 ‘‘the reality is we are fighting two ational demands with a moderate level more F–22s imperils the national secu- wars, in Iraq and Afghanistan, and the of risk. That is the view of some very rity of the United States, I find com- F–22 has not performed a single mis- credible individuals. plete nonsense.’’ sion in either theater.’’ Our response to that is that in De- As military deputy to the Assistant The next argument is the decision to cember 2004, the Department of Defense Secretary of the Air Force for Acquisi- end the F–22 program is purely budget determined that 183 F–22s was suffi- tion GEN Mark D. Shackleford said, driven. cient to meet its military require- ‘‘the capability that we get out of the Secretary Gates has indicated nu- ments. This is back in December of 187 F–22s we believe is more than suffi- merous times that his decision to end 2004. The Department conducted sev- cient for the type of threat that the the program is not resource driven. He eral analyses which affirmed that num- Secretary of Defense is addressing in announced that decision on April 6, ber based on a number of variables, in- the future’’. Whatever moderate risk weeks before his plan was even sub- cluding the lengths and types of wars may arise from ending the F–22 pro- mitted to the Office of Management the Department of Defense believes it gram, now is merely short term and, and Budget for vetting. On April 30, will have to fight in the future and fu- under the Air Force’s Combat Air Secretary Gates plainly stated, ‘‘if my ture capabilities of likely adversaries. Force—CAF—restructure plan, nec- top-line were $50 billion higher, I would The President, the Secretary of De- essary for the Air Force to transition make the same decision [regarding the fense, the Chairman and Vice Chair- the current fleet to a smaller, more ca- F–22 program].’’ That having been said, man of the Joint Chiefs of Staff, the pable fifth-generation fighter force for given the current fiscal crisis, buying Air Force Chief of Staff, and the Sec- all the Services. more F–22s would likely reduce funding retary of the Air Force have all stated The next argument being made is for other more critically needed air- that 187 F–22s is sufficient to meet buying more F–22s could help mitigate craft, such as the F–35, F/A–18E/F, and operational requirements, particularly a projected fighter shortfall of up to 800 EA–18G, which unlike the F–22 are when combined with other U.S. mili- aircraft by 2024 that Air Force leaders equipped with electronic warfare capa- tary assets, including cyber warfare, identified in 2008 and a projected gap bility—the combatant commanders’ strike fighter aircraft, long-range recently identified within the Air Na- number one priority. In that sense, standoff precision weapons to counter tional Guard’s fighter inventory. Such continuing to purchase of F–22s could enemy aircraft and surface-to-air mis- purchases could also hedge the United create operational risks for the United sile systems in the future from poten- States against the risk of unexpected States military in the near term. tial adversaries. age-related problems developing in the The next argument is buying more F– We need to look at this in the en- Air Force’s legacy force. 22s will ensure the Air National Guard tirety of its inventory. That means Our response to that is the fighter gets modernized fighter aircraft soon- cyber warfare, it means long-range gap that the Air Force identified is er. Our response is that under the Total standoff precision weapons, it means questionable, given that it turns on Force policy, all the Services, includ- the dramatic increase in capability of various assumptions regarding threats ing the Air National Guard, will re- unmanned aircraft. Look at the role and whether the United States will ceive Joint Strike Fighters at the ap- unmanned aircraft have played in Iraq fight by itself or as part of a coalition. propriate time and at the appropriate and Afghanistan. In all candor, look at In any event, the Air Force has put in rate to replace their aging F–15 and F– place a plan that will both mitigate the role the F–22 has not played in Iraq 16 aircraft. The only requirement that any shortfall in fighter capability and and Afghanistan. It has not been de- the Air National Guard obtain Joint bridge the current fleet to a smaller, ployed to Iraq and Afghanistan; where- Strike Fighters ‘‘sooner’’ arises from more capable fifth-generation fighter as, our unmanned aircraft, our Preda- the ‘‘additional views’’ of Senator tors, have had an incredible effect in force. An essential element of that CHAMBLISS in the report accompanying identifying, locating, and destroying plan—called the Combat Air Force— the fiscal year 2010 authorization bill. the enemy. I think General Petraeus CAF—restructure plan—is to stop in- In a letter to Senator CHAMBLISS, the will attest to that in a very persuasive vesting in the F–22 program after the head of the Air National Guard LTG fashion. current program of record of 187. That Harry M. Wyatt III noted, ‘‘I believe In response to the argument that plan addresses possible shortfalls in the current and future asymmetric more F–22s are necessary to close a gap fighter capability more cost-effectively threats to our nation, particularly in fifth-generation fighters between the than simply buying more F–22s. It does from seaborne cruise missiles, requires United States and China, on May 14, so by restructuring the Air Force’s cur- a fighter platform’’ such as the F–22. Secretary Gates noted, ‘‘[W]hen you rent fleet of fighters now and directing However, that threat is simply not look at potential threats—for example, resulting savings to modifying newer present today. This is something that in 2020, the United States will have or more reliable fighters in the legacy is being closely looked at now in the 2,700 TACAIR. China will have 1,700. fleet, including, upgraded F–15s and F– on-going QDR debate. When asked But, of ours, 1,000 will be fifth-genera- 16s, procuring less expensive aircraft, about the cruise missile threat during tion aircraft, including the F–22 and including the F–35 Joint Strike Fight- our committee hearing recently, Sec- the F–35. And, in 2025, that gap gets er, and investing in joint enablers. retary Gates correctly noted that the even bigger. So, the notion that a gap Under the plan, those investments will most effective counter to these sorts of or a United States lead over China help create a more capable fleet that threats is an aircraft that doesn’t have alone of 1,700 fifth-generation aircraft can bridge the Air Force to a future a pilot inside of it. in 2025 does not provide additional fleet with a smaller, more capable The next argument is that large- fifth-generation aircraft, including F– force. scale production of F–35 Joint Strike 22s, to take on a secondary threat In addition, in the years ahead, the Fighters has only recently begun and seems to be unrealistic.’’ Department of Defense needs to focus has not yet increased to planned higher Secretary Gates summarized his posi- on improving its capabilities for irreg- annual rates. Until production of the tion on the operational need issue on ular warfare operations, and the F–22 is Joint Strike Fighter has been success- June 18, when he said that ‘‘the U.S. not a key program for improving those fully demonstrated at those planned military has to have the flexibility capabilities. While the F–22 is an ex- higher annual rates, it would be impru- across the spectrum of conflict to han- traordinarily capable ‘‘air superiority’’ dent to shut down the F–22 production dle the threats of the future’’ and that platform, its limited air-to-ground ca- line, which is the only ‘‘hot’’ fifth-gen- ‘‘this will mean a huge investment for pability makes it less appropriate for eration production line. the future, one that is endangered by supporting counterinsurgency oper- Our response is that given how rel- continuing the F–22 Raptor program.’’ ations—so much so that, as Secretary atively similar the development and

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17597 manufacturing efforts supporting the But I would also point out that the In the meantime, while we are await- Joint Strike Fighter are to those sup- purpose of building weapons is not to ing some other speakers, apparently on porting the F–22, concerns about an create jobs. The purpose is simply to this amendment, we would welcome overall compromise in the industrial defend this Nation’s national security. those who are considering amend- base appear to be overstated. In addi- We have an obligation to be careful ments; that they get those to us and tion, whatever moderate risk may arise stewards of all our taxpayers’ dollars our staffs so we can begin the arduous from ending the F–22 program now is but, most importantly, those tax- work of going through those amend- operationally acceptable: it is short- payers’ dollars that go to the defense of ments and determining which ones we term in duration and, under the Air this Nation should be first and fore- might be able to accept, which ones we Force’s Combat Air Force—CAF—re- most what can best defend the Nation’s cannot, so that those who want to pro- structure plan, necessary for the Air national security in times when we are ceed, even if we cannot accept those Force to transition the current fleet to in two wars and facing future threats amendments, can then indicate they a smaller, more capable fifth-genera- that are, indeed, formidable in the view wish to debate. tion fighter force for all the Services. of most. The floor is open now to debate. We It is true that although ‘‘full-rate We are not without sympathy for the await other speakers. production’’ of the Joint Strike Fight- parts of our country, including the I yield the floor. er isn’t anticipated until 2015, the pro- State of Georgia, where there are a Mr. MCCAIN. I suggest the absence of gram is making very meaningful large number of jobs that are at risk. a quorum. The PRESIDING OFFICER. The progress. But, maturation in the tech- Our sympathy is with them, and we nical, software, production-processes, clerk will call the roll. will do everything we can to provide The assistant legislative clerk pro- and testing aspects of the program are job opportunities, including in the de- on track to plan and are in fact exceed- ceeded to call the roll. fense industries across this country. Mr. BENNET. I ask unanimous con- ing legacy standards—including those But we cannot argue that we should for the F–22. All 19 ‘‘systems develop- sent that the order for the quorum call spend taxpayers’ dollars for weapons be rescinded. ment and demonstration’’ aircraft will systems simply to create or keep jobs. roll out by the end of the year and The PRESIDING OFFICER. Without That is not the use of taxpayers’ dol- objection, it is so ordered. major assembly on the 14 aircraft com- lars. If we want to do that, then there prising the earlier ‘‘low-rate initial Mr. BENNET. Madam President, I are many other programs we should production,’’ L–RIP, lots have begun. I rise to speak in support of the Levin- fully fund to help create jobs and small can assure the Members of this body McCain amendment to strike excessive business opportunities across this Na- funding in this bill for the F–22. I want that Senator LEVIN and I and our capa- tion. ble staffs will be keeping a very close to briefly outline why this amendment This issue, I hope, will continue to be eye on the Joint Strike Fighter pro- is in the best interests of our national debated today and that we could reduction. It is vital that aircraft meet defense and our fiscal future. solve it, hopefully, sometime tomorrow This amendment represents the best its cost estimates and meet its time morning with a final vote. of leadership that our Nation has to schedules. I know, from previous experience, At this point, the first of those copies offer. Senator MCCAIN and President there are perhaps 100 or more amend- is expected to be delivered on time to Obama have put political parties aside Eglin Air Force Base in May 2010, and ments that await the consideration of and have acted to protect taxpayers at the first operationally capable versions this body on the Department of De- a time when our fiscal circumstances of the fighter are expected to be deliv- fense authorization bill. This is, obvi- require us to make difficult choices. ered to the Marine Corps in 2012, the ously, a very important issue. This And Chairman LEVIN has supported Air Force in 2013, and the Navy in 2015. issue, perhaps, is maybe even more im- their efforts. They are willing to make This is not to say we should take, as portant than the $1.75 billion we are hard choices. Congress must follow I said, our eyes off the program. We talking about. This debate is about their wise leadership. need to track continuous progress on whether we are going to make the The media has reported that our the F–35 to ensure that development tough decisions to most wisely and budget deficit now exceeds $1 trillion. costs leading to production remain sta- most expeditiously defend this Nation We have provided middle class tax ble. and spend those dollars wisely. cuts, first-time homebuyer tax credits I am persuaded, as I hope the major- I yield the floor. and invested resources in order to turn ity of this body will be, that on the The PRESIDING OFFICER. The Sen- this economy around. But we have to issue of whether the F–22 program ator from Michigan is recognized. reexamine our other spending choices should continue, the President, the Mr. LEVIN. Madam President, first and say no to excessive spending. The Secretary of Defense, the Chairman let me thank Senator MCCAIN for his F–22 embodies spending to an excess, and Vice Chairman of the Joint Chiefs very comprehensive, thorough, and and it borrows from key operations and of Staff, the Air Force Chief of Staff compelling argument relative to the F– maintenance and personnel accounts to and the Secretary of the Air Force are 22. do so. all correct: Ending the F–22 program This last point about the number of The Secretary of Defense, Chairman now is vital to enabling the Depart- amendments which we expect would be, of the Joint Chiefs of Staff, and our ment to bridge its current fighter capa- if not offered, at least proposed and Commander-in-Chief have said we do bility to a more capable fifth-genera- considered, we need those amendments not need any more F–22s. In fact, they tion fighter force that is best equipped to come to the floor. say that the costs of acquiring and to both meet the needs of our deployed We have a lot of work ahead of us. I maintaining these aircraft, which have forces today and the emerging threats know it is a statement of high ambi- ballooned far beyond the Pentagon’s of tomorrow. tion to suggest that we try to finish original estimates, are hindering our Finally, the chairman and I are not the bill this week. But I think we are ability to make much-needed invest- unaware that this will lead to the loss obligated to use the time wisely. There ments in other necessary programs. of jobs in certain States in certain pro- are not going to be votes today. We at- It is not only the Obama administra- duction facilities around the country. tempted to schedule a vote prior to tion. President Bush and Secretary We know this is very tough, particu- lunch today, but as an accommodation Rumsfeld also agreed that this is an larly in times of high unemployment to some Senators, we did not do that. area where we can show restraint and across the country. But I would like to We then attempted to schedule a vote help strained taxpayers. The Levin- make the argument, No. 1, that the F– for tomorrow morning. That effort did McCain amendment is the right policy 35, the Joint Strike Fighter, once it not succeed last night. But as Senator for the country—armed services leader- gets into production, will also be a job MCCAIN said, we are trying to see if we ship and Presidents from both parties creator. can’t schedule that today. agree.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17598 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 We should be listening when the Air morning business to speak about the event, I think it serves as an important Force tells us that the 187 F–22s that health care deliberations we are under- illustration of the health care reform we have are enough. Our President has taking. I know we are under the De- process so far. Mr. Yankelovich ob- shown the wisdom to listen to our uni- fense authorization bill. My remarks served that the evolution of a person’s formed leaders. Now only Congress should not take that long. opinion could be traced through a con- stands in the way of saving taxpayers The ACTING PRESIDENT pro tem- tinuum of seven stages. That is a fancy $1.75 billion. pore. Without objection, it is so or- way of saying there are steps you go The F–22 has never supported a single dered. through when you are trying to think mission in Iraq or Afghanistan. It is Mr. ROBERTS. Mr. President, as I in- something through. time to reassert the actual military dicated, I rise today to talk about First, we have had daunting aware- priorities of today. It is true that the health care reform and the hard truths ness: the realization that our health F–22 supports jobs, sprinkled around that have so far been not hidden but I care system was not working for every our nation. But we need to focus on do not think have been very much American and needed to be addressed. I weapons programs that create jobs an aware to many Americans. think everybody understands that. also serve a modern military purpose. I was inspired to come to the Senate The second stage, greater urgency: As the chairman and ranking member floor today because we are holding the economy began to go south and of the Senate Armed Services Com- hearings in the HELP Committee—and people who used to rely on their em- mittee have said, the F–35 represents we are holding hearings in the Finance ployer for health insurance began los- the future of our fighter fleet. As we Committee—and a series of events in ing their jobs. look to the future, I simply cannot the Health, Education, Labor, and Pen- Then there is the third stage: reach- lend my support to this effort to allow sions Committee made me recall the ing for solutions. Our committee has unnecessary expansion of a program at observations of a well-respected public held hearings and began to meet with the expense of the American and Colo- opinion analyst, pollster Daniel stakeholders. The administration met radan taxpayer. Yankelovich, founder of the New York with stakeholders. The stakeholders, I There are far more useful ways to Times/Yankelovich Poll. think, probably met in good faith. And create and maintain jobs that actually The HELP Committee has been it has only been recently they have dis- enhance our military readiness. Phas- struggling—well, we have been working covered they may have signed on to ing out expansion of the F–22 fleet will hard; ‘‘struggling’’ probably is not the something that is very illusory, to say allow needed funding to be reallocated right word; and many thanks to the the least. to more important, pressing needs of chairman, CHRIS DODD, our ranking Fourth, the stage where many on the our military. Let’s pass a Defense au- member, MIKE ENZI, and the members HELP Committee and elsewhere have thorization bill which actually con- of the HELP Committee—but we have arrived at today: the wishful thinking tains the requests that our military been going through a multiweek mark- stage, the well-intentioned, romantic, has made. Madam President, $1.75 bil- up that I think has been characterized simplistic, perhaps naive moment lion for the F–22 has not been re- by some very wishful thinking on the where all one sees are the benefits, quested, and I agree with Chairman part of the majority members of that without considering the con- LEVIN, Senator MCCAIN, Presidents committee; namely, the hope or the sequences—the law of unintended ef- Obama and Bush. wish that they can somehow not reveal fects. For example: the totally mis- I urge my colleagues to join in this the very real costs and tradeoffs raised leading claim by the majority that the effort to show fiscal restraint. Support by their health care reform bill. I think new data from the Congressional Budg- the Levin-McCain amendment. The the American people ought to become et Office revealed a much lower score best way to defend our country is to more and more aware of this. for this bill, $597 billion—a lot of listen to our military when it tells us The bill the HELP Committee is money—while still expanding health to change the way we invest. Our fiscal marking up establishes all sorts of new insurance coverage to 97 percent of health and our national security both government programs, all sorts of new Americans. This claim is the very defi- depend on it. government mandates and controls— nition of ‘‘wishful thinking.’’ But facts I yield the floor and suggest the ab- all justified by the need to ‘‘rein in are stubborn things. The actual CBO sence of a quorum. health care costs’’ and ‘‘increase health numbers say this bill leaves 34 million The PRESIDING OFFICER. The insurance coverage.’’ I know those are people still uninsured. That is not 97 clerk will call the roll. two very good and noble pursuits, percent coverage. In order to gain any- The bill clerk proceeded to call the which I support wholeheartedly. As a where near 97 percent coverage, we roll. matter of fact, I think Republicans would have to significantly expand Mr. LEVIN. I ask unanimous consent now have about six bills to do the same Medicaid—a very expensive proposition that the order for the quorum call be thing. They do not get much attention, which, according to CBO, adds about rescinded. but we have six bills. $500 billion or more to the cost of this The PRESIDING OFFICER. Without But there is a big problem with this bill. objection, it is so ordered. bill. It does neither of these things, in More wishful thinking: The $597 bil- f my opinion. It neither reduces costs, lion cost was further artificially low- RECESS nor does it significantly increase covered through several budget maneu- Mr. LEVIN. Madam President, I ask erage. In fact, it significantly increases vers, such as a multiyear phase-in and unanimous consent that the Senate costs for very little gain—‘‘costs,’’ c-o- a long-term care insurance program stand in recess until 2:15. s-t-s. Remember that word. But my that will increase costs significantly There being no objection, the Senate, colleagues on the HELP Committee outside the 10-year budget window CBO at 12:12 p.m., recessed until 2:15 p.m. continue to wish and to hope they can is required to use. Here we are passing and reassembled when called to order obscure this reality through a barrage, a long-term insurance bill that goes be- by the Acting President pro tempore. really, of speeches and rhetoric and yond 10 years that CBO cannot even what I call misleading figures. f score. It has been this behavior that has After taking these realities into ac- NATIONAL DEFENSE AUTHORIZA- caused me to recall Mr. Yankelovich’s count, a more accurate 10-year score of TION ACT FOR FISCAL YEAR observations on something called the this bill is closer to $2 trillion. I said 2010—Continued evolution of opinion. I am going to use that right: not $1 trillion—$2 trillion. The ACTING PRESIDENT pro tem- that as the basis of my remarks—the This is when we should arrive at the pore. The Senator from Kansas. evolution of opinion. The article was in fifth stage of opinion making: weighing Mr. ROBERTS. Mr. President, I ask Fortune magazine, and it jogged my the choices. Since the true cost of this unanimous consent to proceed as in memory in this regard. But, in any bill is approximately $2 trillion, we

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17599 must own up to the American public When these higher income taxes are only to learn a couple days or weeks about the tradeoffs. We must finally combined with the proposed surtax to later that some in the House say: That understand that the tradeoffs threaten pay for the government-run health is not enough. So they didn’t have a a health care system that polls tell us care, it means that a small business deal—and another few hundred billion has a 77-percent satisfaction rate. could see its tax bills go up by as much from the physicians. I haven’t heard This is not to say we should not un- as 11 percent—11 percent—when this any agreement on that from the physi- dertake any reforms, but we need to health care reform bill finally takes ef- cians. honestly discuss the costs and benefits fect—an income tax rate increase of Tens of billions from home health of reform proposals. And the majority’s about 33 percent over what they pay care agencies and radiology and home proposal is high on cost and low on today. oxygen and PhRMA. Let’s don’t forget benefits. But it does not stop there. Under the PhRMA, who agreed to a certain The No. 1 tradeoff that Americans proposal the House is expected to amount of cuts—I think it was $80 bil- need to know is, higher taxes. Remem- unveil, possibly today, they leave the lion—but now they have learned that ber when the President promised: If door open for even more tax increases figure isn’t firm. So whoever else gets you make under $250,000, you will not on small businesses. That proposal is strong-armed or weak-kneed into mak- see your taxes increased, that you expected to allow, in 2013, for the small ing a deal with this administration, would actually see a tax cut. Well, like business surtax to be raised by several you better be careful. so many other pledges, those promises additional percentage points if health Again, when doctors and hospitals had an expiration date, and that date is care costs are higher than expected, and pharmacists and home health rapidly approaching. which is likely. agencies get their reimbursements The bill raises $36 billion in the first These higher income taxes would be a slashed by Medicare or Medicaid, who 10 years in new taxes on individuals devastating hit on our Nation’s small pays the price? It is not the provider, who do not purchase health insurance. businesses—the same small businesses at least not at first. It is the people That is a penalty. It raises another $52 that create roughly 70 percent of the with private insurance who pay a hid- billion in new taxes on employers who jobs in this country and are the back- den tax to make up the difference— do not offer their employees health in- bone of our economy. We should not be some $88.8 billion per year, according surance. raising taxes on these job creators if to a recent Milliman study. Once the As an aside, guess who suffers when we want our economy to rebound and provider runs out of private payers to the employer’s taxes get raised? It cer- grow and expand. shift this cost deficiency onto, who Small businesses in Kansas tell me tainly is not the employer. It is the pays? It is the patients who lose access they feel they are already stretched to employee who gets laid off or does not to a doctor or a hospital or a phar- the limit, and they worry that to pay get a raise. It is the applicant who does macist or a home health agency. not get hired. Even President Obama’s the additional taxes called for in the own Budget Director admits this fact. President’s budget, not to mention an In addition to cutting Medicare pay- At least one economic survey esti- additional small business surtax to pay ments, this bill will dump, by some es- mates that an employer mandate to for a government-run health care pro- timates, well over a million new people provide health insurance, such as the gram, they will have to cut back else- onto a government-run health care one in the Kennedy-Dodd bill, would where—‘‘cut back,’’ meaning layoffs; plan which will never pay providers put 33 percent of uninsured workers at cutbacks, meaning really it is the enough to cover their costs, despite risk for being laid off—33 percent of un- worst thing you could do for the eco- any rhetoric otherwise. As this number insured workers. The study went on to nomic catalyst of our country, the grows and the private market shrinks, say that ‘‘workers who would lose their small business community. Make no the decrease in the number of doctors jobs are disproportionately likely to be mistake, these will be difficult choices. and hospitals and other providers will high school dropouts, minority, and fe- They will have to reduce the wages and be inevitable. We see that already. We male.’’ It is a job killer for the very benefits of current employees. They already have rationing. We already people whom the bill ostensibly seeks will have to pass their costs on to their have shortages. We already have doc- to help. customers. They will have to lay off tors and providers who say: I am sorry, These new taxes do not come close to workers or not hire new employees. I am not reimbursed to the extent I can paying for this bill, and the ideas that None of these are good options for stay in business and offer you Medi- have been coming out of the Finance workers, small businesses, or our econ- care. So rationing is not a scare word, Committee, on which I am also privi- omy. it is something that is happening now. leged to serve, the House of Represent- But higher taxes are just one of the It will simply not be possible for them atives—the so-called people’s body— ways the majority wants to pay for to keep their doors open on the mar- and the administration prove that this massive expansion of government. gins that the government will pay these new taxes will be just the first of The other method? The other method them. And that is when rationing of many. will be cuts to Medicare. You heard me health care will become a way of life in One option: a new and higher income right: Medicare, cuts to Medicare, cuts this country. tax on taxpayers with earnings in the to the reimbursements to providers to Oh, I can see it now. It will either be top income tax brackets—there is some our senior citizens, cuts we have been by age or by test or by the comparative press on that as of now—including trying to prevent, where we have added effectiveness research golden ring that small businesses—essentially a small money in almost every session we have CMS—that is another acronym—an business surtax—to pay for govern- been in. outfit that works for the Department ment-run health care. Keep in mind There would be $150 billion from the of Health and Human Services. These that this surtax is in addition to the hospitals. The hospitals have agreed to are the bean counters who look in this higher income taxes the President is this with their national organizations way at health care and don’t look at already calling for in his budget. but funny thing: The hospitals from the real effects, and I see what can hap- The President’s budget proposal calls Kansas came back to me and said: Not pen. for raising the top two individual tax on your life. For a person who has These are the tradeoffs the American rates in 2011. Many small businesses worked hard to prevent cuts in that people need to know about in this bill. file their tax returns as individual re- market basket of provider reimburse- Yep, $2 trillion in new spending, higher turns, and the National Federation of ments to keep our rural health care de- taxes, job-killing employer mandates, Independent Businesses, NFIB, esti- livery system whole, it comes to me as and rationed health care. And for mates that 50 percent of the small busi- a great surprise that their national or- what? To overhaul a system with ness owners who employ 20 to 249 work- ganizations would sit down and say: which 77 percent of Americans are sat- ers fall into the top two brackets. OK, we are going to give up $150 billion, isfied.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17600 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 I offered several amendments in the neath that and say: ‘‘Slow Down’’ or ought to give them a GS–15 salary be- HELP markup just this morning, at- maybe in the language of my State cause they are the people who deal tempting to force the committee to ‘‘Whoa.’’ And then put that in the back with Medicare Part D. That is the pre- face stage 5—remember my Fortune of the HELP Committee, put in the scription drug program we give to sen- magazine and my stages of evolution of back of the Finance Committee, and iors; it is very popular. thought—to truly weigh the choices, let’s do the job right. Let’s say a lady named Mildred came that is the next stage. My amendments Mr. WICKER. Will the Senator yield? in to see her pharmacist there and Mil- would have prevented Federal health Mr. ROBERTS. I am delighted to dred talked to Tom, the pharmacist, subsidies from being funded through yield. and said: What is this doughnut hole? higher taxes on employers, higher Mr. WICKER. I thank the Senator And Tom says: Well, that is where you taxes on individuals and families or from Kansas for his remarks. I think it have to pay a bigger copayment. And through cuts to Medicare. All three is interesting and perhaps symbolic she says: Well, can’t I get a new kind of were defeated in a party-line vote. I that his cell phone was ringing off the program or something else that will wasn’t alone in trying to get the com- wall or off of his belt when he was be- help me out here? He said: Yes, there mittee to weigh the choices in this bill. ginning to make his remarks. I think are 47 new programs you can choose Senator ALEXANDER spoke very perhaps that is symbolic of what we from. Mildred, the one that you want is credibly as a former State governor are beginning to hear in the Senate as right here. She says: Good. Then I am about the fiscal catastrophe that ex- well as in the House of Representatives not going to get hurt with the cost of panding Medicaid eligibility will cause from the public. It is not just from the the prescriptions I need. He says: But I for the States. Again, he was defeated rightwing; it is from Main Street can’t offer it to you? Why? Because I by a party-line vote. media. It is from the Washington Post only get reimbursed 71 percent. How can we ignore the very real con- last Friday. It is from liberal com- That is about the national average. sequences of raising taxes on individ- mentators such as Michael Kensley How on Earth can we expect every uals and employers in a recession— last Friday who say: Let’s slow down pharmacist all around the country to some say the worst recession since in on this. administer—and they are the ones the 1930s? How can we deny that fur- I think what the American people doing the administering; it isn’t the ther cutting Medicare will increase might be saying is that they have gone Area Agency on Aging or the 1–800– costs for everyone else and possibly through this hierarchy of decision- Medicare. So he had to tell her that the eliminate access to health care for our making and that this is not the kind of program in Medicare Part D that would seniors? How can we turn a blind eye to health care they were promised last cover the doughnut hole, he didn’t get all the States that are already facing a year. We were told health care would reimbursed enough and couldn’t offer financial meltdown and force them to save money for Americans. Now we are it. Well, he helped her out. All phar- take on billions of dollars of new Med- hearing it is going to cost $1 trillion to macists try to do that. That is where icaid obligations? $2 trillion, perhaps even $3 trillion. We we are. Some are still stuck in stage 4, still were told that if Americans were satis- Or if Mildred goes to the doctor and hanging on to their wishful thinking. fied with their insurance, they would the doctor says: I am sorry, I can’t Well, I am ready to move on to stage be able to keep it. Now we are told take any more Medicare patients—that 6, and probably everybody else is as they would be moved into a public is happening. It is real. This bill exac- well here on the floor. It is called tak- plan. We didn’t hear about cuts to erbates that—exacerbates it. That is ing a stand. I hope we can all take a Medicare when this was being debated why I am so upset and why I came to stand to preserve the system that last year in the Presidential campaign, the floor today. works well for the vast majority of and we certainly didn’t hear about I will go back to the HELP Com- Americans and to consider a more cost- higher taxes on middle-income Ameri- mittee in good faith to work with my conscious, realistic, and patient-friend- cans. colleagues and we will try to make it ly approach to greater health care re- So I was glad to help the Senator bipartisan. I know on Thursday we are form. from Kansas avoid taking those phone supposed to have a markup in the Fi- By far the most important stage for calls while he was speaking. nance Committee—marching orders us is—yes, the final stage—stage 7: Mr. ROBERTS. If my distinguished from the leadership around here, right making a responsible judgment. The colleague—well, I will take back my in the middle of a Defense authoriza- policies in this bill are very expensive, time and yield back for any comments tion bill. We don’t need marching or- and the American people need to know he may want to make. The person on ders. We need to slow down. We need to that someway, somehow they will have the other end of the phone call, was he slow down and get this right. to pay for them. So we must thor- for the health care bill or was he Thank you, Mr. President. I yield oughly examine the cost and the trade- against it? back the remainder of my time. offs in health care reform. We cannot Mr. WICKER. Well, I would not have The ACTING PRESIDENT pro tem- simply engage in wishful thinking. The presumed to answer the Senator’s pore. The Senator from Delaware is American people expect us to make re- phone call. I simply put it back in the recognized. sponsible judgments. There is simply cloakroom. But I am hoping it is sym- Mr. KAUFMAN. Mr. President, I wish too much at stake. bolic of the American people— to thank the members of the Armed I understand the leadership of this Mr. ROBERTS. Whether for or Services Committee for their tireless body is in a dash, a rush to finish the against, I hope the Senator from Mis- work on this bill. I thank Chairman hearings in the HELP Committee to sissippi would have explained that we LEVIN and Senator MCCAIN for their produce a bill, as well as to force the both have some real concerns, and we amendment to strike $1.75 billion in Finance Committee to come up with a hope we can get real health care re- unnecessary funding for the F–22 air- markup of a bill to pay for all this. I form. craft. don’t know how you pay for $2 trillion Mr. WICKER. I thank the Senator. I strongly support those provisions of while the Finance Committee is talk- Mr. ROBERTS. I also thank the Sen- the Defense authorization bill which ing about $350 billion and those are ator. aim to support critical defense spend- very controversial. I have a suggestion. Let me just give one quick example ing priorities such as providing fair I think we ought to put a big banner of what I am talking about with regard compensation and health care to mem- right up here where the President is to Medicare. The President of the Kan- bers of the Armed Forces and their not, right over there. I don’t think the sas Pharmacists Association is from a families, enhancing the capability of President would mind very much, and very small town out West. We conduct our troops to conduct successful coun- it could just say, ‘‘Do No Harm.’’ Then a lot of listening tours, and we go into terinsurgency operations in Iraq and maybe we could put something under- the pharmacy. The pharmacists, we Afghanistan, improving our ability to

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17601 counter nontraditional and asym- critical defense priorities. But this de- my resolution that authorizes a mark- metric threats and terminating trou- bate is really not about the future of er to be placed in the new Capitol Vis- bled and wasteful military spending the F–22. This is just the first test as to itor Center. The marker recognizes the programs in favor of those which are whether we are ready to end unneces- role of African Americans in the build- deemed more efficient and effective. sary spending and rebalance the de- ing of this great U.S. Capitol Building. Also, I strongly support the rec- fense budget to better reflect the re- I also thank Susan and my legisla- ommendation of Secretary Gates that ality of counterinsurgency missions. tive director, Jim Stowers, who have we must rebalance the Defense budget Today I voice my support for the been tireless in their work and cer- in order to institutionalize and en- Levin-McCain amendment which ter- tainly have done an incredible job in hance our capabilities to fight current minates procurement of additional F– bringing forth this resolution, along wars as well as likely future threats. 22 fighter aircraft when the current with many others we have been work- As events in Iraq and Afghanistan have contract ends at 187 jets. ing on to try and recognize the tremen- In December 2004, the Department of demonstrated, the military challenges dous work and labor that was put into Defense concluded that 183 F–22s were currently before us are unlike conven- building this magnificent symbol of tional wars of the past. I am pleased sufficient to meet our military needs, especially given the future role of the our freedom and particularly that this bill provides the resources nec- which was done by the slave labor in essary to protect our troops in counter- F–35 Joint Strike Fighter, which is a half generation newer aircraft and this country when the Capitol was insurgency missions by providing addi- built. Those two individuals have done tional funding for Mine Resistant Am- more capable in a number of areas, including electronic warfare and com- a remarkable job in working on this bush Protected Vehicles or MRAPs; bating enemy air defenses. resolution. I am very grateful to them U.S. Special Operations Command, or Ending the F–22 production line at and all of the work they have put into SOCOM, and the Joint Improvised Ex- 187 meets the needs of our military and it. plosive Device Defeat Organization, as allows us to purchase equipment I also thank Congressman JOHN well as supporting the vital train and deemed more efficient and effective. LEWIS for his unbelievable leadership equip mission for Afghan security According to Secretary Gates and Ad- in moving this resolution through the forces. This training is an essential miral Mullen: House and for his leadership of the prerequisite for achieving stability and If the Air Force is forced to buy additional Slave Labor Task Force. I had the security in Afghanistan and succeeding F–22s beyond what has been requested, it will privilege of serving with Congressman in our ongoing counterinsurgency mis- come at the expense of other . . . priorities— LEWIS in the House, and upon my elec- sion. and require deferring capabilities in the tion to the Senate, we worked together These and other provisions of the bill areas we believe are much more critical for on a number of issues, including fund- aim to institutionalize many of the ad- our national defense. ing for the Little Rock Central High ministration’s recommendations re- Some of my colleagues have argued Visitor Center and the Slave Labor garding future Defense priorities based that ending the procurement of F–22s Task Force. It has been an honor to on the conclusion of military offi- will have a significant impact in terms work with him on these very important cials—including Secretary Gates, Ad- of jobs. Of course, I share the concern issues. He is a tremendous gentleman miral Mullen, and General Petraeus— of keeping jobs and am focused, first to work with on all issues, but I have that irregular warfare is not just a and foremost, on preserving jobs and had the particular pleasure of being short-term challenge; rather, it is a job creation. At the same time, how- able to work with him on these two. It long-term reality that requires realign- ever, I believe job losses incurred in the has been a great learning experience ment of both military strategy and F–22 line will be offset by an increased for me and certainly an honor. spending. As Secretary Gates has said, F–35 production. Moreover, I agree this rebalancing need not come at the with my colleague, Senator MCCAIN, The crowning feature of our Nation’s expense of conventional weapon pro- that ‘‘in these difficult economic Capitol is the majestic statue that grams, which are deeply embedded in times, we cannot afford business as stands atop its dome. It was designed the Department of Defense, in its bu- usual. We cannot afford to continue to by an American, Thomas Crawford, to reaucracy, in the defense industry, and purchase weapons systems that are not represent ‘‘Freedom triumphant in War absolutely vital . . . ’’ to our national in the Congress. At the same time, we and Peace.’’ It has become known sim- security interests. ply as the Statue of Freedom to those must move away from funding Cold I urge my colleagues to join me in War-era weapons programs with an eye of us who come in and out of the Cap- supporting the Levin-McCain amend- itol on a daily basis. toward the future and accept that ment which reaffirms America’s com- threat requirements have changed. Thomas Crawford cast the five-piece mitments to our troops by ending plaster model of his statue at his stu- This requires difficult decisions, sac- wasteful spending and enhancing mili- rifice, and change, such as ending the dio in Rome, Italy. Before it was tary readiness. This reflects the sound shipped to the United States to be cast, F–22 production line which the White and bipartisan judgment of two U.S. House and the Department of Defense Crawford passed away. Once it arrived Presidents, two Secretaries of Defense, in Washington, DC, problems soon have concluded will save valuable re- three Joint Chiefs of Staff, as well as arose. A workman who assembled the sources that could be more usefully the current Secretary and Chief of plaster model for all to see, just as it is employed. Staff of the Air Force. I hope we can downstairs, soon got into a pay dis- As President Obama explained yes- pass a Defense authorization bill that pute, and when it came time to dis- terday in a letter to the Senate, this supports the sound judgment of our determination was not made casually. military leaders and President and assemble it and move it to a mill in It was the result of several analyses avoid wasteful spending of precious na- Maryland where it would be cast in conducted by the Department of De- tional resources. bronze, he refused to reveal how it had fense regarding future U.S. military The ACTING PRESIDENT pro tem- been taken apart. Work on the statue needs and an estimate of likely future pore. The Senator from Arkansas. stalled until a man named Philip Reid capabilities of our adversaries. Mrs. LINCOLN. Mr. President, I ask solved the mystery. The F–22 has never flown over Iraq or unanimous consent to speak as in Mr. Reid was an enslaved African Afghanistan because it is not the most morning business. American who worked for the owner of efficient or effective aircraft to meet The ACTING PRESIDENT pro tem- the foundry selected to cast the bronze the current needs of the military. Its pore. Without objection, it is so or- statue. Mr. Reid figured out how to dis- readiness has been questioned, it has dered. assemble the plaster model by attach- proven too costly, and continued pro- ENSLAVED AFRICAN AMERICANS ing an iron hook to the statue’s head, duction will come at the expense of Mrs. LINCOLN. Mr. President, I rise and he gently lifted the top section more critical defense priorities. I say today to thank the Senate for adopting until a hairline crack appeared. The

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17602 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 crack indicated where the joint was lo- CVC marker we hope to place in the move forward and as our Capitol Vis- cated. Then he repeated that operation CVC. itor Center continues to grow. until all five sections were visible. I also would like to take a moment Mr. President, I yield the floor. If you go down to the Capitol Visitor to remember one of the members of the The PRESIDING OFFICER (Mr. Center, you can see this huge plaster Slave Labor Task Force, Curtis Sykes, UDALL of Colorado). The Senator from cast and you can see how large it is, who was a native of Little Rock, AR, Georgia. how cumbersome it is, and how dif- and an original member of Arkansas’s Mr. CHAMBLISS. Mr. President, I ficult it would be to work with even in Black Advisory Committee. rise today to concur with my good today’s age with the tools and all of I asked Mr. Sykes if he would come friend from Arkansas with respect to the mechanics we have. Yet this gen- and serve on this committee. I selected H. Con. Res. 135, which acknowledges tleman on his own figured it out with him because he was, first and foremost, the role slave labor played in con- very little other than just a hook to be an educator. During his time on the structing the U.S. Capitol and thank able to pull up and figure out where he task force, he was focused on the need her for her leadership on this issue. would find that path of least resist- to ensure that as many citizens as pos- Once again, she and I had an oppor- ance. sible be made aware of the contribution tunity to work on an issue that is im- We know about Philip Reid today be- of enslaved African Americans in the portant to America and to Americans. cause Fisk Mills, the son of the found- building of this great U.S. Capitol. Senator LINCOLN has been a true ry owner, told the story to a historian Unfortunately, Mr. Sykes passed champion for the common man, as well who recorded it in 1869. It describes away before our work was completed. as for all Americans, on any number of Philip Reid as an ‘‘expert and an admi- Nevertheless, he made important and issues. It has been a great pleasure to rable workman’’ and ‘‘highly esteemed lasting contributions to our work. I work with her on any number of issues by all who know him.’’ know he is looking down with a great over the years. I do thank her for her Philip Reid’s story is probably the sense of pride for what we have been great leadership on this resolution. best known among the enslaved Afri- able to accomplish. The story of the very building in can Americans who worked so dili- The heart of this effort and the mis- which we are standing is a story of gently on our Nation’s Capitol. Unfor- sion of the Capitol Visitor Center is freedom. It is a story of how people tunately, there are many others who education. It was at the root of what from every corner of the globe arrived worked in obscurity. Mr. Sykes stood for, and it certainly to have a chance to steer their own When the Capitol was first being has been at the root of what our task lives, shape their own destinies, and built in the late 1700s and early 1800s, force has been professing and wanting toil at tasks of their own choosing, not enslaved African Americans worked in more than anything to create for the those dictated by birth or caste. all facets of its construction. They visitors who come through our Na- Sadly, however, that shot at freedom worked in carpentry, masonry, carting, tion’s Capitol. That is why there is no was not given to everyone. For those rafting, roofing, plastering, glazing, more appropriate place for this marker who were brought here against their painting, and sawing. These slaves to recognize those who built the Cap- will and forced to toil for someone were rented from their owners by the itol than our new Capitol Visitor Cen- else’s gain, freedom was a vague con- Federal Government for about $60 a ter, an education model in itself. cept—for others but not for them. Slav- year. The plaster model of the Statue of ery will forever remain a shameful tar- For nearly 200 years, the stories of Freedom, the same one that was sepa- nish on the shining city that is Amer- these slave laborers were mostly un- rated by Philip Reid, now stands tall in ica. Unbeknownst to most Americans, known to the visitors of this great Emancipation Hall of the CVC for all slave labor helped build our Nation’s building, our Capitol. Then in 1999, old visitors to see. Visitors look at the Capitol. It is one of the saddest ironies pay stubs were discovered that showed model each and every day and can com- of our history that the very foundation slaves were directly involved in the pare it to the actual statue standing of this building in which we have de- construction of the U.S. Capitol. atop the Capitol dome. I want to make bated the most fundamental questions To recognize these contributions, I sure every visitor who comes to the of liberty was laid by those in shackles. sponsored a resolution in July of 2000 CVC, our Capitol Visitor Center, knows They labored in the heat, cold, and to establish a special task force to how that statue got up there and that dust of quarries in Virginia and Mary- make recommendations to honor the they know the story of Philip Reid and land to cut the stone upon which rests slave laborers who worked on the con- the other enslaved African Americans this temple of liberty. struction of this great Capitol. who played such a critical part in the We know very little about these The bicameral, bipartisan Slave building of this Capitol—our symbol of workers and artisans, and of the few Labor Task Force brought together freedom in this Nation. records that were kept at the time, historians and interested officials to In closing, I thank Chairman SCHU- only several first names survived, next work on this issue. In 2007, the task MER and Ranking Member BENNETT of to those of their owners and sums paid force presented the congressional lead- the Rules Committee for their help and for the grueling labor. From 1793 to ership with our recommendations. guidance on this resolution. I also cer- 1826, up to 800 slaves at one time paint- This resolution fulfills one of those tainly cannot finish my remarks with- ed, roofed, sawed, glazed, and perfected recommendations, the resolution we out offering my tremendous thanks to this building which represents a free- passed in the Senate. It authorizes a my colleague and friend, Senator dom most of them were never to know. marker to be placed in Emancipation CHAMBLISS from Georgia, who, along They laid the foundation still visible at Hall to serve as a formal public rec- with Senator SCHUMER, was an original the Capitol’s east front. They carved ognition of the critical role that cosponsor of this resolution. the marble columns that witnessed so enslaved African Americans played in Senator CHAMBLISS has done a tre- many of the deliberations on the future the construction of the Capitol. mendous job. He is a delight to work of our Nation in the old Senate Cham- Much of the original Capitol no with, and I am not only grateful for the ber. They erected and polished the tall longer stands, due to the fires of war hard work he has put in on this issue marble columns that lend Statuary and renovations to create more space but other issues we have worked on, Hall such elegance and grace. for the ever-growing body. In fact, but without a doubt for his friendship As the Civil War ripped this Nation some of the stones that were removed in working on so many issues. asunder over the very issues of human when the Capitol was renovated have Mr. President, I thank my colleagues liberty, a slave artisan named Philip been stored in Rock Creek Park. It is for again adopting this resolution in Reid cast the statue that crowns this our hope that those very stones that the Senate. We look forward to being very building, aptly named ‘‘Freedom.’’ were quarried years and years ago by able to add many other of those rec- I am pleased to join with my colleague the slaves will be used to make the ommendations of the task force as we from Arkansas and my House colleague

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17603 from my home State of Georgia, Con- powerful defense contractors. Hope- these young people who are sitting be- gressman JOHN LEWIS, in the submis- fully, Mr. Hamre’s statements have at fore us today are going to need in the sion of S. Con. Res. 135, which directs least partially dispelled what is truly a future. It is about the balance between the Architect of the Capitol to place a myth in this respect. needing to maintain both the ability to marker in Emancipation Hall of the Clearly, jobs are at stake—lots of win current wars and guard against fu- Capitol Visitor Center acknowledging jobs—and good-paying jobs at that. ture challenges. The United States is a the role these slave laborers played in About 95,000 jobs are going to be lost if global power, with global commit- the construction of this building and to the McCain-Levin amendment passes— ments and responsibilities that exceed accurately reflect its history. I would 95,000 good-paying jobs across America. Iraq and Afghanistan. We are also a na- especially like to thank Congressman Several thousand of those jobs are in tion that has fought and won wars LEWIS for his work in heading the my home State. through the use of technology and not Slave Laborer’s Task Force, which rec- But this is not a debate about jobs. just a total reliance on manpower. ommended that such a marker be des- This is a debate about the security of Lastly, we are a nation for whom the ignated and erected. the United States of America, and I am basic war-planning assumption for the This marker is a small way of show- going to talk in greater detail about last 50 years has been that we will con- ing our gratitude to these Americans, that in a minute. trol the skies—air dominance and air but it is a necessary and proper one. Since the Korean War, our military superiority. If that assumption goes AMENDMENT NO. 1469 has been able to maintain what we call away, so does one tenet of American Mr. President, I now wish to move to air dominance and air superiority. And military strategy and the planning as- another issue. It is the issue of the what that means is that our Air Force sumptions attached to maintaining air McCain-Levin amendment that is be- has been able to control the skies, to dominance. fore us on the Defense authorization rid the skies of any enemy aircraft. We A criticism of the F–22s in the bill is bill. In the Defense authorization have been able to control the skies by that it is funding something DOD does mark, we filed an amendment seeking having the capability of taking out any not want. Defense budgets, as enacted to add seven F–22s for additional pro- surface-to-air missile that might seek into law, always—and I emphasize al- curement by the Air Force. And as a to shoot down one of our planes in any ways—contain measures, be they weap- part of that amendment, we provided conflict with an adversary. Since the ons systems or other programs, that all the offsets necessary within the Korean War, the United States of DOD does and does not want. As John budget to purchase those seven air- America has not lost a foot soldier to Hamre said, it is the job of Congress to craft. That amendment passed in the tactical enemy aircraft because of our assess what DOD requests and to full committee and now is a permanent ability to maintain air dominance and render judgment thereon. If we do not part of the mark. The amendment by air superiority. Well, if we do not have do that, we have given up our oversight Senators McCain and Levin seeks to the F–22, our ability to maintain air role with which the constitution en- strip those seven airplanes out of that dominance and air superiority is in trusts us. Congress is the branch of mark and to deny—to basically shut jeopardy. government most connected to the down—the production line for the F–22. Over the years, we have been in con- American people. It has an important First, with respect to this debate, let flicts in different parts of the world role to play, and we should not shirk me put it in context and draw from a with different adversaries, and there that role and be afraid to challenge statement by a Washington expert in will be additional conflicts down the DOD’s priority, when necessary, and this area who is known for being bipar- road at some point in time. We hope when we know they are wrong. This is tisan and level-headed, and that is not, but we know one thing, and that is a debate about military priorities and John Hamre, President and CEO of if we have an inventory—the capability what kind of military we need. We can- CSIS, and a former Pentagon Assistant of taking away the enemy’s ability to not and should not assume that future Secretary under the Clinton adminis- come after us—then it puts our enemy challenges will be like today. In pre- tration. In an April newsletter, Mr. in a difficult position from the stand- dicting where the next threat will Hamre stated as follows: point of ever wanting to engage us. come from, the United States of Amer- Let me respond now to some com- ica and our tacticians have a perfect All of the systems proposed for termi- ments that Senator MCCAIN made yes- nation by Secretary Gates in his budget have record: We have been wrong every sin- valid missions and real requirements. None terday, and which he and others have gle time. of them is a wasteful program. This is a case made often, about the power of the Jobs are at stake, and a variety of of priorities. Secretary Gates has decided military industrial complex. Our indus- different interests are at stake but, that these programs don’t enjoy the priority trial complex is powerful, but it is not most importantly, what is at stake is of other programs in a constrained budget, all powerful. If there were not serious our national security and our ability to but Congress can and should legitimately national security interests at stake execute our global responsibilities. question spending priorities. Every indi- here, we wouldn’t be having this de- That is what is at stake and that is vidual has a unique calculus for prudent bate. what I am going to focus on in my re- risk. Secretary Gates has rendered his judgment. Not only is it appropriate but nec- Also, there is absolutely nothing marks today. essary for Congress to pass final judgment on unique about the role of outside inter- I would also like to rebut one point this question. ests in the case of the F–22. Anyone in- critics make about the F–22 not flying Mr. Hamre goes on to say: volved in the current debate we are in missions in Iraq and Afghanistan. having in this body over health care, Senator MCCAIN and Secretary Gates I admire Secretary Gates, but it is the have made this point often and over duty and obligation of Members of Congress and even this week’s hearings regard- to question his recommendations. These rec- ing Sotomayor, knows that outside in- and over again. But there are numer- ommendations merit serious and dis- terests, including industry, are inti- ous and very expensive weapon systems passionate debate, not sloganeering. Sec- mately involved in trying to influence in this budget that we are going to be retary Gates has made a series of rec- the process in regard to those issues. It voting on in the next couple weeks ommendations. Only the Congress can decide is simply part of the process in a de- that have not, and hopefully will not, what to do for the Nation. mocracy, and there is absolutely noth- be needed in Iraq and Afghanistan—the Congress is the branch of government ing unique to it in relation to the F–22. Trident missiles, the ballistic missile most directly connected to the Amer- We wouldn’t be here if there were not system, the DDG 1000. There is a long ican people. We have a crucial role in serious national security issues at list of items that are not going to be the budget process, which we should stake that are worth debating. used in Iraq and Afghanistan that are not shy away from. Some will say this However, most importantly, this de- very expensive and that are contained is a debate about jobs and pork-barrel bate is about what kind of military we within this authorization bill. That spending, unnecessary spending and need today and what kind of military does not mean these systems are not

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17604 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 needed. It is merely that they are in- Gates and Admiral Mullen. Like Gen- and combating enemy air defenses is incor- tended to address a different threat. To eral Cartwright did at last week’s hear- rect and misleading. Air Force Secretary argue against the need for a system being, Secretary Gates and Admiral Donley and General Schwartz have repeatedly stated, ‘‘The F–22 is unquestionably the cause it is not being used in the cur- Mullen talk about the importance of most capable fighter in our military inven- rent conflict is shortsighted and be- UAVs in obviating the need for F–22s. tory.’’ And citing a Washington Post article trays a very short-term perspective on That means taking pilots out of the air of April 13, 2009: our national security. when it comes to destroying critical The F–22 was designed with twice the Frankly, if the Pentagon had wanted adversarial weapon systems that are on fighting speed and altitude of the F–35, to to use the F–22 in the current conflicts, the ground or in the air trying to take preserve U.S. advantages in the air even if adversaries can test our countermeasures or they could have been used. I don’t out our men and women. know whether a conscious decision was reach parity with us. If electronic jamming What they don’t note is that of the fails, the speed, altitude and maneuver- made otherwise, but the conflict in Af- UAVs we are procuring in this budget— ability advantages of the F–22 remain. The ghanistan is not over, and we are going and I am a big fan of UAVs; we need F–35 was designed to operate after F–22s have to be in that area of the world for a them in certain scenarios, but of the secured the airspace, and does not have the long time to come. I suspect that be- UAVs we will be procuring in this inherent altitude and speed advantages to fore it is over, we will have F–22s flying budget, that we will be procuring in ad- survive every time against peers with electronic countermeasures. America has no unin the region. ditional budgets, virtually none of Let me just add that these numerous manned system programs in production them will have any stealth capability, today that can cope with modern air de- projects that DOD did not request—and and they will be useless in a situation fenses such as those possessed by Iran. The there are several DOD projects which that requires penetrating denied air- Navy UCASS demonstrator program may DOD did not request—have drawn little space. produce such a system in several years for or no attention. For example, $560 mil- In other words, if we need to fly a carrier-based operations only. However, together, China and Russia have 12 open pro- lion for unrequested FA–18s, $1.2 billion UAV into a country—and there are a for unrequested MRAPs, and signifi- duction lines for fighters and fighter bomb- number of countries in the world today ers. Only 5 F–35s are flying today. The F–35 cant funds to support a pay raise above that have the Russian-made SU–30 sur- what was recommended by the Presi- has completed less than half its testing. De- face-to-air missiles—those UAVs get velopmental tests will not be complete until dent. We spent a lot more money on shot down every single time. The F–22 2013. It is impossible to assess the full capa- these items than what DOD requested. is the only weapon system in our in- bilities of the F–35 until operational test is So to come up here and say: Well, DOD ventory that has the capability of pen- complete in 2014. didn’t request any F–22s and, therefore, etrating that airspace and firing not Let me just add right here, in the we are to salute and go marching on is one shot, not two shots, but three shots history of the United States of Amer- something we have never done, we did and getting out of that enemy terri- ica, when it comes to tactical aircraft, not do in this bill, and we should not tory before the enemy ever knows the we have never ever purchased a tac- have done in this bill. F–22 is in the theater. There is nothing tical air fighter while it was still in Let me also address the veto threat test and development stage. We always regarding the F–22 funding. A veto is a in our inventory or on the drawing board that has that kind of capa- allow that to be completed because we serious step and one that should only know there are going to be defi- bility—certainly not the UAVs. be taken when the welfare of our ciencies. troops or national security is at stake. As they did in hearings before the Going back to the letter from Ms. After doing extensive research of De- Armed Services Committee, Secretary Grant: Gates and Admiral Mullen also do not fense bills as far back as data is avail- The United States Air Force will not have able, I have been unable to find one sin- address the issue of surface-to-air mis- a robust F–35 force structure for another 10 gle example where a veto has been siles and that the F–22 is more capable years. In addition, the Pentagon removed threatened or issued in relation to against those systems. funding for the F–35 to reach the rate of 110 funding that correctly supports an Lastly, their letter notes the decision per year as desired by the Air Force. Depart- unmet military requirement, as fund- to terminate the F–22 program at 187 ing Air Force Secretary for Acquisition Sue Payton recently warned of potential cost ing for the F–22s in this bill does. It is has been consistent across administrations. Again, let me just say it was growth in F–35, upon her departure. Cost regrettable the administration needs to growth, or a Nunn-McCurdy breach, could issue a veto threat for funding intended Secretary Gates himself, as the Sec- slow down the rate at which the United to meet a real national security re- retary of Defense at the end of the States Air Force takes delivery of the F–35. quirement that has been consistently Bush administration, who decided to The letter misrepresents the position of confirmed by our uniform military procure additional F–22s. We just pro- former Chairman of the Joint Chiefs of Staff leaders. cured those four F–22s in the supple- General Richard Myers. Specifically, in his letter to Senators mental we passed a month ago, or 6 I ask unanimous consent to have LEVIN and MCCAIN, President Obama weeks ago—that is additional F–22s be- that letter printed in the RECORD. states as follows: yond the program of record—to keep There being no objection, the mate- The Department conducted several anal- the option for additional F–22 procure- rial was ordered to be printed in the yses which support this position to termi- ment open for the next administration. RECORD, as follows: nate F–22 production at 187. So that has not been a decision of pre- From Rebecca Grant, Director, Mitchell In- I am not sure who was advising the vious administrations. It is this admin- stitute for Airpower Studies, Air Force President on this, but that statement istration that is making the decision Association. is simply not true. Of the countless to terminate the best tactical airplane In the letter of July 13 from Admiral studies—and I emphasize study after ever conceived in the history of the Mullen and Secretary Gates, the character- study after study—that DOD has done, world. ization of F–35 as a ‘‘half generation newer aircraft than F–22 and more capable in a only one recommended 187 F–22s, and In relation to the letter sent yester- number of areas such as electronic warfare that study was based on one major con- day from Secretary Gates and Admiral and combating enemy air defenses’’ is incor- tingency operation that has not even Mullen, I would like to quote from a rect and misleading. been factored into our national secu- letter I received from Rebecca Grant, a Air Force Secretary Donley and General rity strategy. military expert who is at the Mitchell Schwartz have repeatedly stated: ‘‘The F–22 There are numerous other studies— Institute for Air Power Studies. Here is is, unquestionably, the most capable fighter again, numerous other studies—includ- in our military inventory.’’ (Washington what she says: Post, April 13, 2009.) ing one commissioned by the DOD In the letter of July 13, from Admiral The F–22 was designed with twice the itself in 2007, which support buying a Mullen and Secretary Gates, the character- fighting speed and altitude of F–35 to pre- minimum of 250 F–22s, not 187. ization of F–35 as a half generation newer serve US advantages in the air even if adver- I would also like to offer a few com- aircraft than F–22 and more capable in a saries contest our electronic counter- ments on the letter from Secretary number of areas such as electronic warfare measures or reach parity with us.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17605 For example, the Russian-made Gardenia system America has that is capable of Air Combat Command holds the need series jammer fits the Su–27 or MiG–29 air- penetrating the S–30. There is a follow- for 381 F–22s to provide air superiority craft and detects radar signal threats and de- on, more sophisticated surface-to-air to our combatant commanders and pro- feats them by processing and returning the missile being produced by the Russians tect against potential adversaries. same signals with jamming modulation. This jammer has been exported to nations such as today. That missile, again, will pro- General Corley, who is the Com- Israel which may have modified and im- liferate around the world at some point mander of Air Combat Command, stat- proved the jammer. It is made by the Kaluga in time, and the only weapon system in ed that a fleet of 187 F–22s puts execu- Scientific Institute of Radio Technology the inventory of the United States that tion of our national military strategy which has other advanced jammers in the has capability of penetrating airspace at high risk in the near to midterm. works. where those weapons exist is the F–22. Air Combat Command analysis shows a New digital technologies enable advanced The administration’s current plan for moderate risk force can be obtained SAMs to switch rapidly between different F–22 basing would result in no F–22s frequencies for jamming which greatly com- with an F–22 fleet of approximately 250 plicates our electronic countermeasures. The being stationed in Europe or being aircraft. advanced SAMs are therefore much more dif- available to address a crisis situation The F–22 underpins our ability to dis- ficult to defeat than the analog SA–6s and requiring penetrating denied airspace suade and defer. Simply put, 243 gives SA–2s designed in the 1960s. in the Middle East. us the required global coverage with If electronic jamming fails, the speed, alti- At the press conference announcing 180 combat-coded jets versus 115 to 126 tude and maneuverability advantages of F–22 his budget recommendations on April remain. The F–35 was designed to operate combat-coded jets that we are going to 6, 2009, Secretary Gates said there was get if we terminate this program with after F–22s secured the airspace and does not no military requirement—I emphasize have the inherent altitude and speed advan- 187 F–22s being purchased. that, ‘‘military requirement’’—beyond tages to survive every time against peers Mr. President, 180 combat deployed with electronic countermeasures. 187 F–22s, and the Air Force agreed. On this specific issue, either Sec- F–22s allows us to quickly win major America has no unmanned systems pro- contingencies with a moderate risk. grams in production today that can cope retary Gates misspoke or he was given with modern air defenses such as those pos- incorrect information. In any case, this Lower numbers of F–22s would sacrifice sessed by Iran. (The Navy UCAS demon- statement has been repeatedly contra- global coverage during a major contin- strator program may produce such a system dicted by his Air Force leadership. gency, encouraging adversaries to take in several years for carrier-based operations The Chief of Staff of the Air Force, advantage of a diminished ability to only.) However, together China and Russia ensure air sovereignty. Out of dozens of have 12 open production lines for fighters General Schwartz, in February of 2009, said he suggested he would request studies conducted by DOD regarding and fighter-bombers. the F–22, every study except one rec- Only five F–35s are flying today. The F–35 some additional 60 F–22s and present has completed less than half its testing. De- analysis supporting that number to the ommended procuring at least 243 F–22s. velopmental test will not be complete until Secretary of Defense during formula- The one study that did not was con- 2013. It is impossible to assess the full capa- tion of the fiscal year 2010 budget. He ducted by the DOD staff without any bilities of F–35 until operational test is com- commented that this request was driv- Air Force input and was based on the plete in 2014. en by analysis as opposed to some assumption that F–22s would only be The USAF will not have a robust F–35 force required in one scenario, which, as structure for another ten years. In addition, other formulation and spoke of 243 as the Pentagon removed funding for the F–35 being a moderate-risk number of F–22s. stated earlier, is an unrealistic as- to reach the rate of 110 per year as desired by On April 16, 2009, after Secretary sumption. the Air Force. Gates’s budget announcement, while General Schwartz and Secretary of Departing Air Force Assistant Secretary speaking at a National Aeronautics As- the Air Force Donley have spoken for Acquisition Sue Payton recently warned sociation event, General Schwartz stat- often on this issue in the last several of potential cost growth in F–35 upon her de- ed, regarding the F–22: ‘‘243 is the mili- months, including an op-ed they put in parture. Cost growth or a Nunn-McCurdy the paper on April 13. I understand breach could slow down the rate at which the tary requirement.’’ He commented that USAF takes delivery of F–35. 243 would have been a moderate-risk there is another letter coming from The letter misrepresents the position of inventory. them. I look forward to reading it, al- former Chairman of the Joint Chiefs of Staff On May 19, 2009, before the House though I am not sure it can say any- General Richard Myers. Armed Services Committee, General thing new. Mr. CHAMBLISS. As I mentioned Schwartz testified 243 is the right num- In order to better understand his po- earlier, we see this debate and vote ber of F–22s. Before the Senate Armed sition, I, along with six other Senators, about the need to maintain the ability Services Committee on April 21 of this sent General Schwartz a letter on May to win current wars and to guard year, General Schwartz said he gauged 4 of this year. Let me quote from his against future challenges. While re- the risk of a fleet of 187 F–22s as ‘‘mod- letter. General Schwartz stated: specting Secretary Gates and his desire erate to high.’’ We have been consistent in defining a long- to emphasize winning current conflicts, Mr. President, 187 F–22s puts America term requirement of 381 F–22s as the low-risk we feel his stance with respect to the in a ‘‘moderate to high’’ risk category, fleet, and 243 as the moderate-risk for both F–22 does not adequately account for according to the Chief of Staff of the warfighting capability and fleet other kinds of threats. United States Air Force. sustainment. The F–22 program of record Specifically, I find DOD’s assumption There have been other generals who represents the minimum number for current that F–22s will only be required in one have made statements with respect to force planning at higher risk. While 60 more major contingency or theater to be to- the F–22. I commend these gentlemen F–22s are desirable, they are simply unaffordable. tally unrealistic. This is the assump- because they are, frankly, putting tion the 187 number is based on. Given their military future at risk. I know I think these comments from General the ability and proliferation of ad- they probably received some harsh Schwartz confirm what we all already vanced surface-to-air missiles which phone calls from the leadership. But I know, that the decision to limit pro- require stealth to counter, and numer- know this too. They have also received duction to 187 is budget driven, pure ous hostile nations’ desire for these a lot of calls from majors and captains and simple, and 187 is a high-risk fleet SAMs, the likelihood of an adversary and lieutenants and Air Force academy and does not meet the full military re- outside east Asia requiring these sys- students today, as well as Army foot quirement. tems in the near to midterm is increas- soldiers, just like I have. I know they I would simply like to ask my col- ingly likely. have gotten those phone calls because I leagues: Why should the United States In fact, in the press recently there have gotten those phone calls thanking of America accept a moderate to high- have been reports about a potential ad- me for being willing to stand up and risk situation in our ability to carry versary seeking to buy the S–30s from say: Mr. Secretary, you are wrong out the mission of the United States Russia. The F–22 is the only weapon about this, and we need more F–22s. Air Force in the first place?

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17606 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 Substituting F–22s with other air- legacy aircraft or new aircraft procure- Defense has consistently said: We have craft will not serve the Nation’s inter- ment if we stop the production of F–22s made a decision to this point that we est. Some have suggested filling the re- at 187. Some 80 percent of the F–16s are not going to share that technology maining F–22 requirements with other will be gone in 8 years. with other countries. aircraft such as the F–35, the Joint According to LTG Harry Wyatt, the Well, we live in an entirely different Strike Fighter. I am a big fan of the Director of the Air National Guard, the global world today than we did 10 years Joint Strike Fighter. It is going to be nature of the current and future asym- or 20 years ago. So it is time we started a great airplane. But as Ms. Grant stat- metric threats to our Nation requires a thinking about the potential for for- ed, we have five flying today that are fighter platform with the requisite eign sales of the F–22. Japan has been a being tested. We are simply a long way speed and detection to address them. very trusted and reliable ally. They away from the F–35 reaching a full pro- The F–22’s unique capability in this need the best aircraft available to deduction rate and having the capability arena enables it to handle a full spec- fend themselves over the long haul. Be- for which it was designed. That mission trum of threats that the Air National cause they are an ally of ours in the that the F–35 is being designed for is Guard’s current legacy systems are not part of the world in which they exist entirely different from the mission of capable of addressing. Basing F–22 and and because that part of the world has the F–22. eventually F–35s at Air National Guard the potential for the development of The Joint Strike Fighter is designed locations throughout the United future adversaries, it is critically im- for multirole strike missions and not States, while making them available to portant that we continue—and I em- optimized for the air dominance mis- rotationally support worldwide contin- phasize that because we have sold them sion of the F–22. All the force structure gency operations, is the most respon- tactical aircraft in previous years—it studies have determined that a com- sible approach to satisfying all our Na- is important that we continue to share plementary mix of F–22 and F–35s is tion’s needs. the latest, most technologically ad- the best way to balance risk, cost, and So the F–22 is not just needed to vanced weapons systems with friends capability. The F–22 is the only proven counter international threats, but as and allies such as the Japanese. fifth-generation fighter in production. we look at a map of the United States Let me read you a statement from The Air National Guard is charged and we look at our various Air Na- former Chairman of the Joint Chiefs of with providing homeland air defense tional Guard locations around the Staff GEN Richard Myers regarding the for the United States and is primarily country, we need the F–22, according to need for an exportable version of the F– responsible for executing the air sov- the Air National Guard, to supplement 22. General Myers stated: ereignty alert mission. In addition to the support that is going to be required Japan’s F–15J force, once top of the line, is the over 1,600 Air National Guard men now outclassed by the new generation of Chi- for the mission of the Air National nese fighters such as the SU–30MKK. More- and women who carry out this mission Guard. on a daily basis, the Air National over, China’s air defenses, which include Let me, for 1 minute, talk about an- variants of Russian-made long-range SA–10s Guard relies on legacy F–15 and F–16 other issue that is a part of this overall and SA–20s, which is the S–300 family mis- fighter aircraft. long-term mission of the F–22, and that siles, can only be penetrated by the fast, The projected retirements of these is foreign military sales. The F–22 is high-flying stealthy Raptor or the F–22. Ja- legacy aircraft—and we have in this such a technologically advanced weap- pan’s defense ministry has studied the prob- budget that we are going to retire 250 ons system that a decision was made lem closely and has produced a very impres- F–15 and F–16s. I have no reason to sive tactical rationale for buying the F–22 if several years ago that we were not think we will not retire at least an- its sale is approved by the United States going to share this technology with other 250 next year, and this trend is Congress. other countries, as we have done with going to continue. Only under the umbrella of air supe- Those retirements leave the Guard the F–16 and the F–15, and heretofore riority that the Raptor provides can short of the required number of air- basically all our aircraft. U.S. military endeavors succeed. That was probably the right decision, craft to execute this mission. GAO has Let me quote from another well-rec- to a point. But today, with respect to commented: ognized individual, retired GEN Barry the F–35, we are sharing technology on Unless the Air Force modifies its current McCaffrey, on the need for adequate fielding schedules or extends the service that airplane, which is based upon the numbers of F–22s. This statement is lives of the F–15s and F–16s, it will lack via- technology of the F–22, with the Brits, about a year and a half old, but it is ble aircraft to conduct ASA operations at who are our primary partner with re- applicable today. some of the current ASA sites after fiscal spect to the development and the pro- There is no single greater priority for the year 2015. duction of the F–35. coming 10 years for the U.S. Air Force than The F–15 has been a great airplane. So we have made a decision we are funding, deploying, and maintaining 350 F–22 The F–16 has been a great airplane. It going to share the stealthy technology Raptor aircraft to ensure air-to-air total has served us so well over the 30 to al- primarily that is available on the F–22 dominance of battlefield airspace in future and the F–35 with the Brits. The F–22 contested areas. most 40 years we have been flying The F–22 provides a national strategic those airplanes. In my home State at and the F–35 contain a lot of other stealth technology to conduct—long-range Robins Air Force Base, we have an Air technologically advanced assets. But (Cruises at high supersonic speed without Force Depot, a maintenance depot for we now have the opportunity to de- afterburner) penetration (at altitudes great- aircraft. Last year, an F–15 literally velop and produce a somewhat toned- er than 15 kilometers)—undetected into any fell out of the sky. It crashed. down version of the F–22 to other coun- nation’s airspace at Mach 2-plus high speed— Those airplanes were immediately tries. For the last several years, we and then destroy key targets (aircraft or sent to Robins Air Force Base. A num- have had interest expressed in a very missiles on the ground, radar, command and control, nuclear stockpiled weapons, key ber of those airplanes were sent to Rob- serious way from other countries. One leadership targets, etc)—and then egress ins Air Force Base to be checked out. of those countries has been to see me, with minimal threat from any possible air- They figured out what the problem about 3 weeks ago, and said they are to-air or air defense system. It cannot be de- was. We have now fixed the problem. dead serious about looking it pur- feated in air combat by any known current But that is the kind of aircraft we are chasing the F–22 as soon as the foreign or estimated future enemy aircraft. putting our brave men and women who sales version can be made available. That is coming from a ground sol- are flying for the U.S. Air Force in I happen to know there are other dier, somebody who depends on that F– today, and we are talking about ex- countries that have talked to the con- 22 and, heretofore on the F–15, to main- tending the life of those airplanes for a tractor as well as the Department of tain air dominance and air superiority period of time to meet the mission of Defense about the potential, down the so the ground troops under his com- the National Guard. road, for the purchase of that airplane. mand can have the assurance in know- No plan has been developed to fill the Obviously, the contractor cannot get ing that they can move freely without shortfall through either modernized involved in it, but the Department of the threat of enemy aircraft.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17607 Without more than 187 aircraft, we up, that 187 F–22s is enough. The F–22 the week before an important vote. I are not going to be able to guarantee should be viewed in the collective as a guess I ought to be flattered by the at- the foot soldier on the ground that ca- tool in the toolbox. tention. But for the record, the same pability. The F–22 Raptor is in produc- Detractors argue that the F–22 is sin- reporter who wrote that article on the tion and is operationally deployed gle-purpose. Throughout history, we day of an important hearing in relation around the world. Continued F–22 ac- have been effective in adapting the to the F–22 multiyear contract in 2006 quisition is low risk, as the aircraft has tools we have to the needs we have. All is the same author of the July 10 arti- successfully completed its development one has to do is to look at what we are cle. doing today with the B–52. That air- program and passed a stringent set of The article in question bore abso- plane is 50 years old—older than that; real-world tests. By all measures, the lutely no relation to the issues at F–22 is now a model program and con- it may be 60 years old. There was a stake. Nevertheless, it led to a new tinues to establish industry bench- point in time when we thought we study on the savings that would be marks for an aircraft production pro- would retire all of the B–52s. It is a achieved through a multiyear contract, gram. bomber. What are we doing with the B– The F–22 program is on budget. The 52 today? Today, the B–52 is flying a study which was conducted at gov- contractor team is currently delivering close air support for our troops in Af- ernment expense. Despite the article’s 20 F–22s per year under a 3-year ghanistan. The SSBNs are being used obvious attempts to obscure the facts multiyear program that was approved by our special operations men and and issues in the situation, that new by Congress 3 years ago. The multiyear women, and they are doing a very ef- study, done pursuant to request of this contact is firm, fixed price, meaning fective job. body, concluded that the multiyear that the U.S. Government is buying a A general once said that the most contract would save twice as much as proven capability with no risk of cost tragic error a general can make is to the previous study. growth. It is ahead of schedule. In 2008, assume, without much reflection, that Just briefly in relation to the Wash- every F–22 delivery was ahead of con- wars of the future will look much like ington Post article, by close of busi- tract schedule. wars of the past. If we are going to pass ness the day the article was published, This ahead-of-schedule performance a budget and develop a weapons system the Air Force had already issued a re- continues into 2009. Since early 2006, inventory that is based upon the wars buttal. It concluded that of the 23 every F–22 has been delivered on or of the past, then we are headed in the claims in the article, only 4 were true, ahead of contract schedule. The con- wrong direction. The war we are fight- 4 were misleading, 10 were false, and 5 tractor is producing a high-quality air- ing today is entirely different from any required greater explanation and con- craft. In military aircraft production, conflict in which we have ever been en- text beyond what the Post article re- the highest standard for quality is zero gaged. We have been wrong every sin- ported. defect. A zero-defect aircraft is evalu- gle time when it comes to predicting I ask unanimous consent that a copy ated by the customer to be perfect in the next adversary we will have. of the Air Force statement in rebuttal all respects. In 2008, nearly one-half of Senator MCCAIN mentioned the July the F–22 deliveries were evaluated to be 10 Washington Post article on the per- to the article in the Washington Post zero defect—an exceptionally high formance and maintainability of the F– be printed in the RECORD. level of aircraft quality. 22. Let me say that we know nothing There being no objection, the mate- Still to this day, no one can say for appears on the front page of the Wash- rial was ordered to be printed in the sure, with any analysis to back them ington Post by accident, particularly RECORD, as follows:

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17608 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD Insert offset folio 377/1 here ES14JY09.001 July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17609

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD Insert offset folio 377/2 here ES14JY09.002 17610 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD Insert offset folio 377/3 here ES14JY09.003 July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17611

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD Insert offset folio 377/4 here ES14JY09.004 17612 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD Insert offset folio 377/5 here ES14JY09.005 July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17613 Mr. CHAMBLISS. The Washington and not with the F–22. Even if we keep ment takes. The GAO report takes into Post article is unique in some ways. I buying F–22s, it will never match the account the expansion of acquisition guess it may be SOP for articles that number of F–35s we will eventually personnel who will be hired this year. are somewhat vicious and where they buy. Everyone hopes, as I do, that the Regarding MILPERS, GAO analysis contain as many errors as the Air F–35 succeeds. But as the chair and the suggests that there is on average $1 bil- Force has pointed out with the facts ranking member of the Armed Services lion available. My amendment leaves a supporting the errors that were made; Committee themselves have stated, balance of $200 million in that account. that is, the July 10 Washington Post there is a good deal of risk in the F–35 The chairman also commented on the article was based upon unnamed program, and there is additional risk in provision in my amendment that as- sources. It was based upon a couple of what we need to put in place today sumes savings based on acquisition re- folks who said they were fired either by when it comes to the lives of our men form legislation authored by Senators the contractor or by the Air Force. We and women who are fighting our con- LEVIN and MCCAIN. Let me say that my take that for what it is worth. flicts and who are flying these air- inspiration for this particular offset One of the complaints cited in that planes. was Senators LEVIN and MCCAIN. I article was the fact that there are The history of Defense programs, and thought they did a great job with that problems with the skin on the F–22. aviation programs in particular, has bill. I hope we can continue to improve Let me back up a minute and talk been remarkably consistent, particu- it because it is an area where we have to work harder to avoid wasteful about the sophistication of this air- larly when it comes to building pro- spending. plane. There is a problem with the grams that represent a leap in tech- The chairman included a nearly iden- skin. That has been a problem. What nology. They cost more. They take tical provision as mine in S. 1416, we have to remember is that we have longer. They have more problems than which was the Senate version of the never had an airplane that could fly we expect. GAO has criticized the F–35 fiscal year 2002 Defense authorization with the capability that this airplane approach, and they, as well as the lead- bill. That bill assumed a savings of $1.6 has, that could fly completely unde- ership of our committee, have stated billion based on acquisition reform tected, completely through any radar that not performing sufficient develop- bills and the SASC bill for that year. system of the most sophisticated nament testing before we proceed to pro- However, unlike my provision, which ture of any potential adversary in the curement is one of the primary drivers assumes savings already in law because world. The reason this airplane can do for cost increases and schedule delays of passage of the Levin-McCain bill, that is because it is made of substance in major programs. That is exactly savings assumed by the chairman were and material that is unique and dif- what is being proposed with respect to based on provisions that were not yet ferent to this airplane, including the the F–35. enacted and, based on the conference skin on the airplane. Are we going to I am a supporter of the F–35. We are process, may never have been enacted. have problems with something that is going to build far more of them than Based on inflation and large increases that unique and has never been used we are F–22s. But I am not the only ob- in the DOD budget since then, that is before on any tactical air fighter? You server to state that we should think probably the equivalent of $2 to $2.5 bet we are. twice about staking the future of our billion today. In any case, this is a tre- The position of the folks who are in TACAIR fleet on a program that has mendous amount of savings, and my support of this amendment is that we only five test aircraft flying today. amendment would assume far less. The ought to stop production of the F–22 I wish to talk briefly about the off- offset is based upon predicted savings and buy the F–35 at a faster rate. Even sets included in our amendment which in the fiscal year 2010 budget based on if we do that, if we have F–35s flying are in the mark used to fund the pur- recently passed acquisition reform leg- tomorrow, they are going to have ex- chase of these additional seven F–22s. islation such as the Weapons System actly the same maintenance issues as Senator LEVIN talked about the offset Acquisition Reform Act, Public Law the F–22. The F–22 is the model upon at length. I would like to respond to 111–23, also the business process re- which the Joint Strike Fighter is some of his comments. Most impor- engineering provision in the SASC based. So let’s don’t kid ourselves. We tantly, there is absolutely nothing in mark and other management effi- are not taking an airplane that costs X the offset we used and nothing that has ciencies and business process reforms. and substituting it with an airplane not been used by the Senate Armed Senators MCCAIN and LEVIN and that costs half or three-quarters of X. Services Committee or the chairman President Obama are correct. Savings That is not going to be the case. Mis- himself in previous bills. from this acquisition reform measure takes have been made—surely—but it Just last year, Senator LEVIN re- could greatly exceed that number, be- is the first time we have ever had a duced military personnel funding by cause in their press conference after weapons system like the F–22 manufac- $1.1 billion, which is significantly more the successful passage of that bill, they tured by anybody in the world. From than what my amendment reduced it all three talked about the tremendous the mistakes we have learned. We are by. For the MILPERS and O&M reduc- savings. I agree with them. That is going to have a better F–35. But that tions in my amendment and the mark- going to happen. That is what we used F–35 is going to have the same skin up, in each case the amendment takes as part of our offset. problem. It is going to have the same either less or approximately the same I want to end where I started, by weight problem the F–22 had, the F–15 amount as the House Armed Services agreeing with John Hamre. John had, the F–16 had, and probably every Committee bill did for this year. In Hamre says: airplane we have ever developed. It is every case, the amendment takes less Congress can and should legitimately ques- going to have the same maintenance than the GAO reported average under- tion spending priorities. issues we are having with the F–22 execution/unobligated balances in Not only is it appropriate but necessary for the Congress to pass final judgment on this today. those accounts. This includes the cuts question. Although the article was wrong in the Senate Armed Services Committee Secretary Gates has rendered his judg- one major area with respect to mainte- already took in their mark. ment. . . . But it is the duty and obligation nance, the article says the mainte- The SASC bill itself notes that GAO of members of Congress to question his rec- nance of the airplane was having a suc- estimates that DOD has $1.2 billion in ommendations [and his analysis]. cess rate of 55 percent. That is wrong. unobligated O&M balances and $588 There is absolutely nothing unique or As the Air Force points out, between million under-execution in the Air in the least bit wrong about what we 2004 and today, the successful mainte- Force civ pay accounts. This is from are doing. Not to do so would be to ab- nance rate on those airplanes has gone actual language in the Senate report. dicate the role with which the Con- from 64 to 69 percent. In the civilian personnel area, the stitution and the American people have The future of TACAIR for the United GAO reports conclude that more fund- entrusted us. If President Obama be- States likely does reside in the F–35 ing is available than what my amend- lieves the additional funding for these

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17614 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009

F–22s warrants a veto threat, even Furthermore, a reduction of this and contributions of Senator CHAM- though that funding addresses an magnitude would affect the Secretary’s BLISS of Georgia. There is no more val- unmet military requirement, then that initiatives to hire and train additional ued member of the Senate Armed Serv- is his decision. Our job in Congress, as acquisition professionals needed to im- ices Committee. We simply have an John Hamre has indicated, is to look at prove the Department’s ability to con- honest disagreement on this issue. I ap- the facts, weigh the risks, and render tract, develop, and procure weapon sys- preciate the many qualities of the F–22 the judgment. That is our role—our tems and to replace contractors with aircraft and the enormous contribution independent role—in the process, and Federal employees, thereby reducing it makes to our Nation’s security, but we should accept it and use our best the $1.2 billion in savings that is re- the fact is, we don’t need any more of judgment to decide what is right for flected in the budget. them. That comes from the Secretary the Nation. In addition, these accounts will have of Defense, the Secretary of the Air With that, Mr. President, I yield the to absorb the increased cost of fuel Force, and others involved in these floor. that has occurred since the budget was issues for a long period of time. Mr. MCCAIN. Mr. President, I rise for submitted and additional civilian pay The PRESIDING OFFICER (Mr. two purposes. One is to make a quick raises. That assumes the Congress sets UDALL of Colorado). The Senator from response to the remarks of Senator the civilian pay raises at the same North Dakota. CHAMBLISS concerning the F–22 and a level as the military pay raise of 3.4 Mr. DORGAN. Mr. President, I will couple of remarks about what I under- percent. perhaps come back later to speak on stand is going to be next on the agenda The other two ‘‘offsets’’ are $400 mil- the F–22 and the work my colleagues, which will be proposed by the majority lion from military personnel funding. Senator LEVIN and Senator MCCAIN, leader, which is a hate crimes bill, Much of the funding in the military have done. But I want to speak about which is very difficult for me to under- personnel accounts is entitlement driv- another amendment I have offered that stand. en. Thus, there is limited flexibility to I hope might gain acceptance as we Senator CHAMBLISS very appro- absorb these reductions without affect- move forward, and that is an amend- priately pointed out that many times ing the readiness of U.S. forces. These ment to the Defense authorization bill when we put together an authorization reductions will directly translate into that would require contracting officials bill, we find offsets, as we call them— cuts to recruiting and retention bo- in the Pentagon to take into account ways of paying for whatever item we nuses incentives and other important evidence of bad past performance by a want to add in the authorization bill. programs such as covering the cost to contractor when deciding who should But I think it is important for us to move members and their families to get future contracts. point out that the Chambliss amend- new assignments. It will affect unit You might think that contracting officials would already be required to ment during the markup, while putting readiness by hindering the services’ take past performance into account. this bill together, provided $1.75 billion ability to meet end strength goals and But the fact is, that is not now re- for F–22 procurement. It took funds fully staff operational units with crit- quired over in the Pentagon. I want to from presumed unobligated balances of ical personnel prior to deployment. If go through some thoughts with you several accounts. In all candor, they Congress sustains these reductions, the were unjustified assumptions. about this issue very quickly. services will need to submit a re- I have held 19 hearings on contractor The amendment cut $850 million from programming action to make sure our waste, fraud, and abuse. I have to say, O&M accounts, which is operations and military forces are fully supported. going back some years now, we have maintenance. That means the oper- Finally, the Senator from Georgia as- had the greatest amount of waste and ating, the maintenance, the equipping, sumes $500 million in first-year savings fraud and abuse by contractors than we the replacement of very much needed from the Weapon Systems Acquisition have seen in the history of this coun- parts and supplies that provide for the Reform Act, which he referred to in his try. Let me give you some examples. readiness of our troops, enabling them remarks. I am very proud to have Shown on this chart is a man named to stay ready for today’s conflicts and worked under the leadership of Senator Efraim Diveroli, 22 years old. Oh, by for tomorrow’s challenges. The account LEVIN and together coming up with a the way, he is the CEO of a company. also covers day-to-day costs of the De- very important piece of legislation, That is right, the president and CEO of partment. This includes items such as strongly supported by the President a company. The company is a shell training, maintenance of ships, air- and the Secretary of Defense, to reform company his father used to have. But craft, combat vehicles, recruiting, edu- the way we acquire weapon systems. he took it over, and he hired a vice cation support, procurement of general The cost overruns have been out- president, as a matter of fact. The vice supplies and equipment, and repairs rageous, as we know, throughout the president’s name is David Packouz, 25 and maintenance of Department of De- past few years. But there is no one—no years old, the former vice president of fense facilities. one in our wildest imagination—who the company. He is a massage thera- Our military is engaged around the believes that in the first year of acqui- pist. So this is a company in Miami, world. It is irresponsible to cut the re- sition reform we will save $500 million. FL, that does business out of an un- sources they rely on to prepare suc- I would love to see that happen. I marked door. Through the best evi- cessfully for their mission to protect would love to see pigs fly. But we are dence, there are only two employees— the United States and its security in- not going to save $500 million in the a 22-year-old president and a 25-year- terests worldwide. We owe it to our first year of a piece of legislation that old massage therapist who is the vice military to provide them with every re- has not been implemented and would president. Well, guess what. These two source. Based on historical data, the not be for some period of time. guys got $300 million in contracts from reductions that are in the Chambliss So I am very flattered by the reliance the U.S. Government. Can you imag- amendment to pay for the additional of Senator CHAMBLISS on $500 million ine, $300 million in contracts from the $1.75 billion would affect the following in savings from the legislation we re- Pentagon? areas: Army’s training and operating cently passed through the Congress and There have been arrests in this case. tempo, including training additional that has been signed by the President But the question is, Why? I called a helicopter crews for irregular warfare of the United States, but in all due re- three-star general to my office to say: missions; Navy’s depot maintenance spect, it is totally unrealistic. So what How on Earth could you have done for surface ships; Air Force’s depot we are really doing is adding $1.75 bil- that? How could you possibly have maintenance and contractor logistical lion and not accounting for ways to re- done that? Did you not check? support for critical aircraft and un- duce spending or impose savings in any I checked. These guys also had some manned vehicles; and the special oper- other way. small contracts with the State Depart- ations command missions support and But I also understand and appreciate ment which turned out to be bad con- training of its forces. the passion, commitment, knowledge, tracts. But they could have at least

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17615 done a small amount of checking be- electrical work. Most have absolutely never be used. Mr. President, $31 mil- fore committing $300 million of the no knowledge of the National Electric lion was paid to the Parsons Corpora- American taxpayers’ money. What Code or British Standards, and the tion for building a prison the Iraqis they did for that money was ship a quality of their work reflects that. said they did not want and would not bunch of shoddy products over to Af- Much of this work is not clearly in- use. The $31 million was colossally ghanistan to the military, bullets and spected by licensed electricians. I per- wasted in unbelievably bad construc- guns that were dated from the 1960s. sonally have refused to sign off on tion. That is after this same company That is one of the reasons this com- work they have performed because I was given a couple hundred million pany and these fellows ran afoul of the knew it was not up to code. That is dollars to rehabilitate 140 health clin- law. But the question is, How did all what we paid for, and some soldiers ics in Iraq, and we were told later that this happen? have lost their lives. most of those health clinics are imagi- This guy, as shown in this picture, This list goes on and on and on. nary, quote/unquote. They do not exist. with a striped shirt is named Frank Eric Peters, a brave soul who worked Well, the money is gone. The $200 mil- Willis. This is he, in the striped shirt. in Iraq to do electrical work, worked lion is gone. But the health clinics are He is holding a Saran-wrapped pack of for KBR. He came back and testified: I imaginary. money. This is part of a couple million concluded that KBR was not capable of Well, the same company was con- dollars that went to a company called performing quality, legal, electric in- tracted to build the prison in Iraq. It is Custer Battles. This is he, by the way, stallations in Iraq. I worried every day called the Kahn Bani Sa’ad prison, but in Iraq. He said: Our motto was, You that people would be seriously injured it is referred to as ‘‘The Whale.’’ Here bring a bag because we pay cash. He is or killed by this defective work. is what it looks like, as shown in this talking about defense contracting. The reason I want to tell you about picture. We spent $40 million. The first Custer Battles is alleged to have this is, not only have soldiers lost their $31 million was paid to Parsons. An- taken—they were going to provide se- lives, but the task orders for which other $9 million was paid to an Iraqi curity for the Baghdad Airport, which that work was done resulted in award contractor. And here it sits in the had no commercial airplanes flying in fees, bonus fees, to the company that desert, never ever to be used, paid for and out. It was alleged they took the did shoddy work. by the American taxpayer, and paid to forklift trucks off the airport and put As a result of my hearing, they sent contractors who did shoddy work and them in some sort of machine shed and a task force over to investigate all of were kicked off the site. repainted them blue and then sold the buildings in Iraq. The fact is, we The question is, What do we do about them to the Coalition Provisional Au- have testimony and evidence that all that? I have proposed an amendment that thority. So you bring a bag because we there was a massive amount of wiring is pretty simple. It is interesting. pay cash, it was said. that was done improperly that put sol- There is currently no requirement that Here is what the guy over at the diers at risk. Yet the Pentagon pro- contracting officials over in the DOD Baghdad Airport said. I am just telling vided award fees, which are fees de- have to take into account shoddy work you all this because I held 19 hearings. signed only for excellent performance, practices or shoddy performances by I have done 19 of them. Here is what of $83 million of the taxpayers’ money contractors. There is a requirement the guy who is the airport director of to a company that did shoddy work; they take into account criminal ac- work sufficient so we had to come back security said in a memo to the Coali- tions, civil fines, that are leveled tion Provisional Authority. Here is around and do what is called, I believe, against contractors. But there is no re- what he said about Custer Battles, a corrective action request order, quirement they must consider bad past which was given the contract. They got where you had to go back and inspect performance. It is unbelievable, but it over $100 million in contracts. everything and redo the work. The is true. Custer Battles have shown themselves to question is, How is all this going on? I offer an amendment that says, Do be unresponsive, uncooperative, incom- Let me describe the story of Bunny you know what, the time is past when petent, deceitful, manipulative and war prof- Greenhouse. A lot of people do not bad performance by big contractors iteers. Other than that they are swell fel- know Bunny Greenhouse. What an ex- lows. gets you a slap on the wrist and a pat traordinary person she is. She grew up on the back and another contract. It is Think of it. So what do we think of in southern Louisiana in a family who time—long past the time—we put an these contractors? They got a lot of had nothing. Two in their family teach end to this. the taxpayers’ money. college. Her brother is Elvin Hayes, one I know my colleagues, Senator LEVIN This is a picture of Cheryl Harris of the top 50 basketball players of all and Senator MCCAIN, feel strongly with her son Ryan Maseth, a Green time. Bunny Greenhouse has a couple about this issue as well. I appreciate Beret, Special Forces. Ryan, unfortu- of master’s degrees, is very well edu- the work they have done. All of us need nately, tragically was killed in Iraq— cated, and rose to become the highest to do everything we can to assure the no, he was not shot by some insurgent; civilian in the Corps of Engineers over American taxpayers they are getting he was electrocuted in the shower. His in the Pentagon. Here is what she tes- their money’s worth. Defense is some- mother Cheryl was told that they tified to with respect to some of the thing we invest in for this country. It thought maybe he went into the show- contracting that went on. She lost her is very important. er carrying a radio and therefore was job as a result of having the courage to As I conclude, I want to say this: I electrocuted. It turns out that was not speak publicly. put together a chart, and I am going to the case at all. The fact is, he took a I can unequivocally state that the abuse speak about it in the next day or two. shower in a place where the wiring had related to contracts awarded to KBR rep- But it relates to this question of the F– been done improperly. Why? Because resents the most blatant and improper con- 22. This chart shows Federal budget Kellogg, Brown, and Root, which was tract abuse I have witnessed during the deficits. We are on an unsustainable paid to do the wiring, hired third-coun- course of my professional career. path. It is not a Republican path or a try nationals in most cases who could For that, she lost her job. Democratic path. It is just an not speak English and did not know It is not just KBR. I mentioned Cus- unsustainable path that cannot work the wiring codes, and they wired up a ter Battles, Efraim Diveroli. How for this country’s future. shower and this poor soldier lost his about Parsons Corporation? Take a look at this chart. Here is the life because he was electrocuted in the This, by the way, is a photograph middle of a deep recession, $1.9 trillion shower. every American should remember when in deficits, and then it gets a little bet- I held hearings about that. Eric you talk about waste and fraud and ter, and then goes back down. Peters, who was working in Iraq as an abuse. This is called ‘‘The Whale.’’ This We are on an unsustainable path, and electrician, said: Third-country nation- picture is a picture of a prison in Iraq it does not matter what you are talk- als performed the majority of KBR’s that was never completed and will ing about, whether you are talking

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17616 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 about an airplane or some other area of do with the defense of this Nation. So course, is to return to Congress for a Federal budget responsibility. We fi- what are we going to do? We are going supplemental appropriation. nally have to decide: Things have to tie up the Senate for a number of In my opinion, for all we have said changed. We have to invest in things days. For a number of days we are and done in expression of our concern that provide dividends for this coun- going to tie up the Senate on a totally about the stress the members of the try’s future. We cannot continue to unrelated, very controversial, very U.S. Army are feeling and their fami- spend money we do not have on things emotional issue that has nothing to do lies are feeling, based on the fact that we do not need. That is not a sustain- with defending this Nation. they are carrying the overwhelming able course for this country. So I urge my colleagues on this side burden of the wars in which we are in- So I will speak more about these of the aisle, I urge the distinguished volved in Iraq and Afghanistan—we issues, including the F–22, at some chairman, I urge the majority leader, have done a lot to improve living con- other point. But let me thank my col- let’s move forward with addressing the ditions, to offer more support for phys- league, Senator LEVIN, and my col- defense needs of this country, save the ical and mental health services, to pro- league, Senator MCCAIN as well. hate crimes bill for another day, and do vide better housing for families, but The PRESIDING OFFICER. The Sen- what is necessary for the men and this is about how much time the sol- ator from Michigan. women in our military rather than put- diers can be back at their home bases Mr. LEVIN. Mr. President, very brief- ting an agenda item that has nothing and back with their families. I will get ly, let me thank Senator DORGAN for to do with defense next before this to this in detail as we go on. his extraordinary work in the area of body. Last month, the House and Senate waste, fraud, and abuse, not just in the I predict again that when this bill Armed Services Committees voted to area of the Department of Defense but comes up, if the hate crimes bill is pro- give the Secretary of Defense the au- in so many other areas as well. He is posed by the majority leader and thority to increase the Army’s end surely a foremost leader in this institu- agreed to by the distinguished chair- strength by an additional 30,000 sol- tion in this effort, and the oversight man, it will lead to a great deal of con- diers for fiscal years 2011 and 2012 but work he has been able to do is surely troversy and unnecessary debate and not 2010, for reasons that I will describe cutting-edge with the kind of leader- discussion on a defense bill. If the ma- as somewhat arcane. This new author- ship he has undertaken. We appreciate jority leader, who controls the agenda, ization will provide the Secretary of it. We need it. We need more of it. We wants to bring up a hate crimes bill, I Defense with the ability to increase the are grateful for it. Every taxpayer in would imagine he would be able to size of the Army to the extent he America ought to be grateful to Sen- bring it up on his own. Instead, he thinks it is necessary for the national ator DORGAN. wants to stick it on to the bill that the defense or for other purposes such as Mr. President, let me urge Members men and women who are serving in our reducing the stress to which I have re- who are going to be speaking on the F– military and are in harm’s way today ferred on our troops today. 22 to let us know and come to the floor are depending on. It is not right. It is I was privileged to introduce the because we are hopeful to conclude this not the right thing to do. amendment along with Senator THUNE, debate no later than early tomorrow I hope the majority leader and the my ranking member on the Airland morning and to bring it to a vote. We chairman of the committee will recon- Subcommittee, during the Senate are making every effort to see if we can sider their position and wait and bring Armed Services Committee, as well as agree on that. up a hate crimes bill as a separate Senator GRAHAM, to provide this au- I yield the floor. piece of legislation for deliberation and thorization, and I am glad to be joined The PRESIDING OFFICER (Mr. discussion and vote from this body and in introducing this amendment No. 1528 KAUFMAN). The Senator from Arizona not tie it to the Defense authorization with my bipartisan group, including is recognized. bill. the two formerly mentioned Senators, Mr. MCCAIN. Mr. President, just for Mr. President, I yield the floor. and others. a minute, because I know colleagues The PRESIDING OFFICER. The Sen- This amendment would extend this are waiting, it is my understanding ator from Connecticut. authorization where it logically must that following the disposition of this Mr. LIEBERMAN. Mr. President, I begin to fiscal year 2010 beginning on amendment, which we hope would hap- rise to speak on another amendment I October 1 of this year, 2009. We intro- pen tomorrow morning, the majority have filed that is at the desk, but I duced this amendment because it will leader will move to take up a hate know there is a pending amendment, so provide our soldiers with the reinforce- crimes bill. The hate crimes bill is, to I suppose I should ask to speak as in ments they will need to execute the say the least, a very controversial morning business for 10 minutes. missions we as a nation have sent them piece of legislation and may deserve The PRESIDING OFFICER. Without on. Indeed, our soldiers will be under the debate and discussion of the Mem- objection, it is so ordered. even more stress in the coming months bers of this body. But the fact is, it has AMENDMENT NO. 1528 because of this fact. As we begin the re- nothing to do with the Department of Mr. LIEBERMAN. Mr. President, this sponsible strategy for drawdown in Defense authorization bill. What the amendment I rise to speak about is Iraq based on the extraordinary success Defense authorization bill has a lot to numbered 1528. I am hopeful before too of our troops and the Iraqis in turning do with is the training, equipping, tak- long it will be the pending business. I around the war in Iraq, we are also de- ing care of reenlistment and retention, know it has now, and I believe it will, ploying additional soldiers under the and all of the things necessary to de- enjoy broad bipartisan support. direction of our Commander in Chief, fend our Nation’s national security. This amendment would increase the President Obama, to Afghanistan at an We are in two wars. We are in two authorization for the Active-Duty end even faster pace than they are return- wars, and we need to pass this legisla- strength of the U.S. Army over the ing home. tion. So the majority leader’s priority next 3 years by 30,000 additional sol- GEN George Casey, the Army’s Chief is a hate crimes bill—a hate crimes bill diers. I wish to say right at the outset of Staff, warned us in the Armed Serv- which has nothing to do with the De- it is an authorization; it is not an ap- ices Committee earlier this year that fense authorization. I hope if the ma- propriation. It says within its terms the effect of these two facts—a slow jority leader does that, it will be the that it is contingent on a decision by and methodical drawdown in Iraq of last time he will ever complain about the Secretary of Defense that he choos- our Armed Forces, Army, and an in- an unrelated amendment being brought es to fill these positions, and if he does, crease in deployment to Afghanistan— up by this side of the aisle. then he has two major options. means that the total number of sol- Look, there are important amend- One is to reprogram from other funds diers deployed to combat will be in- ments that need to be debated and con- under his control to support these addi- creasing through the rest of this cal- sidered on this legislation. This has to tional troops, and the second, of endar year and into the next.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17617 As General Casey said to us, this 2 years back home for every year our We say that we want to ease the stress and matter of dwell time, which I will soldiers spend deployed. In fact, he said strain on soldiers and their families, and now speak about in more detail in a mo- his ultimate goal at which he believes is the time to do the one thing that will provide immediate relief. Your actions to make ment, is a matter of supply and de- the Army would be most effective this a reality show that you are a true ally mand: How many soldiers do we have, would be to have 3 years at home for to the Armed Forces. Thank you for intro- and what is the demand for them in the every year in the field. ducing the Lieberman Amendment to S. 1390 battle zones, the war zones. General Casey hopes that a respon- which will authorize the Army to increase GEN James Cartwright, Vice Chair- sible drawdown from Iraq will allow its size now, I hope that your fellow Senators man of the Joint Chiefs of Staff, re- him to achieve that goal. I share the also lend their support to your worthy cause. cently confirmed the critical chal- general’s hopes. But, frankly, I do not Sincerely, lenges the U.S. Army will face in the believe we can bet the well-being of our GORDON R. SULLIVAN, General, USA Retired. near term and the importance of in- Army on them without providing au- creasing Army Active Duty end thority to the Army and the Secretary MILITARY OFFICERS strength. Speaking before the Senate of Defense to expand the troops to ASSOCIATION OF AMERICA, Armed Services Committee just last reach those dwell-time goals of at least Alexandria, VA, July 10, 2009. week, General Cartwright said: 2 to 1 about which General Casey Hon. JOE LIEBERMAN, There is that period of 2010 and 2011 in par- talked. U.S. Senate, ticular where that stress is going to be there. The Chairman of the Joint Chiefs, Washington, DC. DEAR SENATOR LIEBERMAN: On behalf of the During 2010 because of execution, and in 2011 Admiral Mullen, told our committee 370,000 members of the Military Officers As- because [units will be] coming back, refilling this year that the ‘‘light at the end of sociation of America (MOAA), I am writing and trying to retrofit. You’re going to have the tunnel’’ is still more than 2 years to express MOAA’s strong support for your stress on the Army in a significant way. away for the Army, and that is only if proposed FY2010 Defense Authorization Act And I add, stress on the Army means everything goes according to plan in amendment that would authorize an addi- stress on the families of those who Iraq. I believe that 2 years is too long tional 30,000 end strength increase for the serve us in the Army. to wait, especially when we can take Army in FY2010. General Cartwright continued by steps now to turn on the light, if you Today’s combat forces and their families stating that the Joint Chiefs of Staff are paying a terrible price in family separa- will, to provide our soldiers with the tion and stress for our past failure to grow are working with the Army to find a reinforcements and relief they need. our armed forces at a pace sufficient to ac- range for growth that would reduce I think it is important for my col- commodate the extraordinary wartime de- this strain on the service. ‘‘We have leagues to know this amendment has ployment requirements of the past seven looked at this, we have worked in a the strong support of many of our sol- years. range’’—and I add here of increasing diers and those organizations that For years, we have relied on the patriot- Army Active Duty—‘‘from about 15,000 fight for them. ism, dedication, and resilience of our men and women in uniform to bear 100% of the to 25,000 . . . 30,000 would give us the Mr. President, I ask unanimous con- nation’s wartime sacrifice. But with thou- range in which to work to allow us to sent to have printed in the RECORD two sands experiencing their third or fourth com- do that.’’ letters, one from GEN Gordon Sullivan, bat tour since 2001 and the prospect of a dec- That is exactly what this amendment president of the Association of the U.S. ade of persistent conflict ahead, reasonable would do, give the Secretary of De- Army, and, second, from ADM Norbert leaders must take responsible action to ease fense, the Joint Chiefs, and the Sec- Ryan, writing on behalf of the Military the extreme strain our military members retary of the Army the latitude to in- Officers Association of America. and families have been required to absorb for so long. crease the Army temporarily by as There being no objection, the mate- Your amendment recognizes that the only much as 30,000. Why? To increase the rial was ordered to be printed in the way to do so in the face of increasing deploy- dwell time. That is the time our troops RECORD, as follows: ment requirements in the near term is to au- can spend at home and, thereby, reduce ASSOCIATION OF thorize a substantial increase in Army end the stress in a most significant way THE UNITED STATES ARMY, strength for FY2010. imaginable. Arlington, VA, July 13, 2009. MOAA applauds your strong and persistent I deeply appreciate that General Hon. JOSEPH LIEBERMAN, leadership in pursuing this important personnel readiness initiative, and we pledge to Cartwright would speak so clearly United States Senate, Washington, DC. do all we can to ensure it is sustained in the about the Army’s requirements of addi- DEAR SENATOR LIEBERMAN: On behalf of the final defense bill. tional soldiers in the coming months more than 100,000 members of the Associa- Sincerely and with deep gratitude for and how hard he and Secretary Gates tion of the United States Army, I want to your leadership, are working to support our troops. I be- thank you for your floor amendment to S. NORBERT RYAN. lieve it is our duty to make sure they 1390, the FY 2010 Defense Authorization Act, Mr. LIEBERMAN. Mr. President, have all the authority required to do which would provide authority to increase General Sullivan is a retired former so. Army active-duty end strengths for fiscal Chief of the U.S. Army, a great Amer- years 2010 through 2012. Let me speak more about what dwell As you know, the troop increases in Af- ican soldier. I quote, briefly, from his time is. Dwell time is time soldiers ghanistan will precede decreases in Iraq, letter to me about this amendment have between Active Duty deploy- causing the number of deployed soldiers to supporting the amendment: ments, time they spend recovering and increase into next year. The Chairman of the As you know, the troop increases in Af- preparing for their next deployment Joint Chiefs of Staff testified to Congress ghanistan will precede decreases in Iraq, and, most significant to our soldiers, I that it will be difficult to increase dwell causing the number of deployed soldiers to would guess, precious time they can time at home over the next 18 to 24 months increase into next year. The Chairman of the spend at home with their families. This with our current end strength. Factor in the Joint Chiefs of Staff testified to Congress more than 30,000 soldiers who are on the rolls dwell time ratio for many of our sol- that it will be difficult to increase dwell but not deployable, and it’s obvious what a time at home over the next 18 to 24 months diers today is little more than 1 to 1, strain that would be to our current troop within our current end strength. Factor in which means they have but 1 year at levels. You get this, and I hope your floor the more than 30,000 soldiers who are on the home for every year they spend in the amendment will help your fellow Senators rolls but not deployable, and it’s obvious theater. Everyone agrees—everyone see it, too. what a strain that would be to our current agrees—that this dwell time is abso- The Army is in dire need of sufficient troop levels. . . . I hope your floor amend- lutely unacceptable. It may also be troops to increase dwell time for active duty ment [and the debate of it] will help your fel- unsustainable. soldiers, increase support for operational low Senators see [that]. missions, and help the Army achieve reorga- The Army is in dire need of sufficient When General Casey testified before nization objectives. Thanks to your recogni- troops to increase dwell time for active duty the Senate Armed Services Committee tion of this gap in end strength planning, we soldiers, increase support for operational earlier this year, he said it is his goal have a chance at giving the Army the re- missions, and help the Army achieve reorga- to get to a point where we have at least sources our Soldiers deserve. nization objectives.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17618 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 He concludes: COMMUNITY COLLEGE INITIATIVE community college, making them very We say that we want to ease the stress and Mr. ALEXANDER. Mr. President, important to American students. But strain on soldiers and their families, and now President Obama was in Warren, MI, this moves the Federal Government is the time to do the one thing that will pro- today, and a little while ago he made into construction and renovation of vide immediate relief. an announcement. He announced a new community colleges, as well as $9 bil- And that is to increase the authoriza- $12 billion national community college lion for competitive challenge college tion of the U.S. Army end strength as initiative. That sounds very good at grants to increase graduation rates and the number of troops it can have ac- first. As a former Governor and Sec- $500 million for online curriculum. So tively deployed by 30,000 and to fill retary of Education for the United the choice is, instead of more money that 30,000 increase. States, I am a big fan of community for Pell grants and administration of Second, Admiral Ryan, another dis- colleges. I think they are our secret student loans, we are going to spend it tinguished servant of the United weapon for helping men and women in on direct grants to some community States, a patriot, says: this country go from one job to the colleges. In other words, we are going On behalf . . . of the Military Officers As- next and to improve our workforce. to start funding higher education, com- sociation of America . . . Today’s combat But I respectfully suggest that what munity colleges, in the way we fund forces and their families are paying a ter- the President, his Education Secretary rible price. kindergarten through the 12th grade. and his economic advisers—and I think Despite the fact that higher edu- This is a very personal letter. I will his Education Secretary may be his cation is by far the best in the world, start again. very best appointee of all—I say this the most admired system—and one rea- Today’s combat forces and their families with respect, I think they ought to be are paying a terrible price in family separa- son is because we don’t have a lot of tion and stress for our past failure to grow asked to stay after school at the com- Federal direct programs for it; we give our armed forces at a pace sufficient to ac- munity college and write on the black- the money to students, they choose the commodate the extraordinary wartime de- board 100 times that in a year in which school—we are going to start doing it ployment requirements of the past seven we have run the Federal deficit up by more like K–12, which is not the most years. another $1.8 trillion, I will never again admired system in the world. For years, we have relied on the patriot- add another penny to entitlement man- The $12 billion would be paid for out ism, dedication, and resilience of our men and women in uniform to bear 100 percent of datory spending. Then I think we in of savings from the regular student the Nation’s wartime sacrifice. But with the Congress, as we legislate this year, loan program we have now because thousands experiencing their third or fourth ought to do some truth in lending. To under the President’s plan all new stu- combat tour since 2001 and the prospect of a do that, we would have to put a little dent loans would go through the U.S. decade of persistent conflict ahead, reason- card with every 1 of the 15 million stu- Department of Education. So let’s take able leaders must take responsible action to dent loans, if the President’s proposal that idea first. ease the extreme strain our military mem- goes through, and say: The interest you We have about $75 billion in student bers and families have been required to ab- are paying on the money you are bor- loans every year. That is a huge bank. sorb for so long. rowing is almost all being used to pay Fifteen million students borrow money And then he says: for somebody else’s scholarship in the for student loans. Twelve million of [This] amendment recognizes that the only President’s community college initia- them borrow through 2,000 different in- way to do so in the face of increasing deploy- tive. stitutions—banks—and spend the ment requirements in the near term is to authorize a substantial increase in Army end I think it is important to say that be- money at 4,000 institutions of higher strength for FY2010. cause, as good as it sounds to say: Let’s education. Three million choose to go That is exactly what this amendment help the community colleges, I am through the government, where they would do. The authority provided in afraid this is a familiar refrain we have get a direct loan directly from the gov- the amendment is temporary in nature been hearing from the White House for ernment. I was the Secretary of Education and will expire in 2012. We hope and the last 6 months. Instead of reducing when this program was created. I pray that by that time, we will be able entitlement spending the President is didn’t see any reason for the Direct to return the Army end strength to again adding to mandatory spending. Loan Program because I didn’t think 547,000. If Congress increases the end Entitlement spending, which is driving the U.S. Department of Education strength of the Army now, as this up our debt to unbelievable numbers, a ought to be a bank. I thought the Sec- amendment would authorize, we would situation where the President’s pro- retary of Education ought to be trying be able to reevaluate that judgment as posal for the next 10 years is more new to be the educator of the year, not the conditions on the ground and in the debt than we spent, three times as banker of the year. But the argument world justify. much money as we spent in World War I say, in conclusion, again, there is II. This is one more Washington take- is, well, we can borrow money more no money attached to this amendment. over, in addition to banks and insur- cheaply in the government. We can This gives authority to the Defense De- ance companies and car companies and borrow it for a quarter of 1 percent and partment to raise the Army end maybe health care. It is now the stu- then we can loan it out at 6.8 percent strength, the number of troops on Ac- dent loans of the country. to students. Banks can’t do that. So we tive Duty by 30,000. If Secretary Gates It also changes the way we fund high- will do it, and we will take it over and decides, in his judgment, it is nec- er education, which is usually to take do it all here. We will do all 15 million essary to do in our national interest, almost all our money and give it to loans from the U.S. Department of then he will either have to come back students in Pell grants and student Education. We will be the banker of the and ask us for the money to do so or he loans and let them choose the college, year. will reprogram funds that are now rather than to give grants the way we Mr. President, the Federal Govern- under his control. do with K–12. ment is getting real busy. This is be- I ask my colleagues for their support Let me take a few minutes to explain coming the national headquarters for when this amendment comes up, and I why I am saying this. The idea the automobiles, where we own 60 percent hope it comes up soon. President has is to spend $2.5 billion for of General Motors; we are running a I yield the floor. community college facilities, build- bunch of banks; we run some insurance The PRESIDING OFFICER. The Sen- ings. Every State has community col- companies; we are talking about a gov- ator from Tennessee. leges. One of our major jobs as government-run health care program; and Mr. ALEXANDER. Mr. President, I ernors and state legislators is to fund now we are going to take over and ask unanimous consent to speak as in those community colleges. Tradition- make a huge national bank out of the morning business for up to 15 minutes. ally, the Federal Government gives U.S. Department of Education. The The PRESIDING OFFICER. Without scholarships, and the Pell grants often reason is because we can borrow money objection, it is so ordered. pay for almost the entire tuition at a more cheaply here.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17619 Well, why don’t we just abolish all could say, let’s put it for students. But we got it by accident because with the the financial institutions in America I think most of us would say—and he GI bill, when the veterans came home and say: We can borrow money more has said in his summit on entitlement from World War II, we just gave the cheaply than you can, so you go away spending—that we need to stop adding money to them and they went any- and we will do it all. entitlement spending. But that is not where they wanted to. That is not the That is not the American way. In what he is doing. way we do with kindergarten through fact, most Americans would like to get Indeed, his other proposal—which is 12. We have all these programs. It is the government out of the car business, not announced today but is the rest of command and control, and we support out of the banking business, and out of his proposal—is to say we have this $94 the institution instead of the student. the insurance business. I can guarantee billion—which I think is closer to $60 We call the argument about that you that as soon as 15 million students billion or $50 billion—that we could ‘‘vouchers.’’ start lining up outside the U.S. Depart- save, and he is going to say we will When we have arguments like that, ment of Education to get their student make Pell grants entitlement spend- we get all excited. We did in the Appro- loans, instead of going through their ing. Well, Pell grants are terrific priations Committee the other day, local banks and dealing with their grants. There are 5 million of them. We and the Senator from Illinois and I ar- local universities, they are not going appropriate them every year for low-in- gued—we each got 15 votes—about the to be very happy about this either become students. There was $19 billion DC voucher program: Shall we give our cause they have had a choice for nearly appropriated for that purpose last year. money to students and let them choose 20 years, and they have chosen to go to The Congress has always been enor- a school or shall we support the school? their private lenders. mously generous with that. We appro- Well, in higher education, 85 percent of So that is the first problem. We are priate a certain amount. It is almost the dollars we spend, or some figure canceling the choice that 12 million automatic, but it is not automatic. about like that, goes to the student, students are exercising this year to get In other words, we appropriate what who then chooses the school. It may be a federally backed student loan from a we think we can afford, and then we a community college or a Jewish bank even though they could have got- spend it on the students who need it. school or an African American school ten a student loan directly from the This proposal to shift Pell grants to or a Catholic school or a public school government. mandatory says it doesn’t matter what or a private school or a for-profit Then we are saying: All right, be- we can afford, we are just going to do school. We don’t care, as long as it is cause we are canceling that, we are it. Again, it is exactly the kind of accredited. saving $94 billion and we have money thing that most economists, most As a result, we have a higher edu- to spend. Well, in the first place, that Americans, and the President himself cation system that attracts the best is not right, Mr. President. By my cal- has said we need to stop doing. Yet in foreign students anywhere in the world culation, according to the Congres- the full light of day, we are saying and and gives Americans choices. As a re- sional Budget Office estimate of what announcing that we are going to create sult we have almost all the best col- it costs to operate the current Direct a community college program, and leges and universities in the world. Loan Program, it will cost about $32 later a Pell grant program, and we are So this proposal is a little shift from billion over the next 10 years, at least, going to pay for it with mandatory that to say the Federal Government to operate the entire student loan pro- automatic entitlement spending. would take all the money—which I gram out of the U.S. Department of While the President says it is $94 bil- would argue we don’t have—but this $12 Education. lion that could be saved over 10 years, billion we are going to give to grants in My common sense tells me—and I the Congressional Budget Office said it higher education instead of to stu- have thought this for years—that there is $293 billion—nearly $300 billion—in dents. I would rather give it to stu- is not any way a group of educators in automatic spending over 10 years that dents. the Department of Education—a rel- we could avoid. Yet the President is So I applaud the President for his in- atively small department—are going to saying we should spend it. I am very terest in higher education and commu- operate more efficiently than banking disappointed with that. nity colleges, but I would suggest to institutions across America in making Then here is the last point I would him that we have too much debt and loans. That is not their business. They like to emphasize—well, there are two too many Washington takeovers, and know about scholarships and gradua- points really. The President is saying: we shouldn’t be funding this program tion rates, not about being bankers. I am here today to do a favor for you. on the backs of the students who are My common sense tells me that, and I I am going to spend $12 billion on com- borrowing money and working an extra think it does most Americans. Plus, we munity colleges. But what he doesn’t job to go to college. I don’t think they have a free market system, or at least tell you is the people paying for that would appreciate knowing that the in- we did, where we try to get things out are the people borrowing money to go terest they are paying is mostly going of government, not into government. to college. to pay for someone else’s scholarship. So that is the proposal. Yet 32 billion So if you are getting an extra job at They might ask: Why do I have to do of the dollars over the next 10 years are night so you can go to college, and you that? Why isn’t that person in the illusory savings, so we are really add- are taking out a student loan, the gov- same shape I am? ing to the debt. Then the President is ernment is going to borrow money at a The President was in Warren, MI, in saying, well, let’s take some of that $90 quarter of 1 percent and loan it to you the middle of the auto business, and we billion as mandatory spending. I know at 6.8 percent and use the difference for have some suggestions—or I would this gets a little complicated, but it is its own purposes. We are making have—for other ways to deal with the really not that complicated. He is say- money on the backs of students who problems we have with the economy ing the money we now spend to pay the are borrowing money to go to college today. One would be that since we are costs to the government of loaning out and then taking credit for spending it near the General Motors headquarters, this $75 billion every year is automatic for somebody else’s scholarship or to celebrate their emergence from mandatory spending, so let’s take it some community college program and bankruptcy by giving the 60 percent of away from how we now spend it on the we are not telling anyone that. So we the stock the government owns in Gen- administration with banks, and let’s need a little truth in lending. eral Motors back to the taxpayers who spend it instead on mandatory spend- Finally, I am concerned about the paid taxes on April 15; that we should ing for community colleges. changes in direction from the way we focus on cheap energy so we can re- In other words, he has an opportunity support higher education. We are very industrialize America, including our to say let’s take away some money fortunate in America to have this ter- automobile industry, by 100 nuclear that is being automatically spent every rific higher education system, includ- powerplants; that we could take the year and save it. Let’s save it. Or he ing our community colleges. In a way, mandatory spending and instead of

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17620 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 spending it, save it and have less debt. era is transparency. Part of the new discussed with him at length what this That would be a real favor to the stu- era means we actually will look at would mean, the difficult decisions dents. what our military needs. that Members are going to have in To revitalize housing, we could have No one can dispute that the F–22 pos- their own States. But I also talked to Senator ISAKSON’s $15,000 tax credit to sesses unique flying and combat capa- him about what the troops need. Right help get the housing market going bilities or that it will serve an impor- now the troops and their commanders again. Then in our health care debate tant role in protecting our Nation in are telling us they do not need these we could stop talking about more gov- the future. The question is not whether planes, so it is a testament to the serv- ernment takeovers and, instead, take we should keep the F–22 in service, the ice of Senator MCCAIN to our Nation the available dollars and give the question is whether we should purchase and the work Senator LEVIN has done money to low-income Americans and additional planes at the expense of for years that they are leading the let them buy their own insurance, like more urgent needs for our troops. fight to defend the recommendations of most of the rest of us have. Our Armed Forces are currently our military and civilian leaders. I am So this is a big difference of opinion fighting in two major conflicts in Iraq proud to join them. we have. As noble as the idea of sup- and Afghanistan. After more than 7 This amendment presents us with an porting community colleges is, this is years in Afghanistan and more than 6 opportunity. We can begin making de- not the way to do it. years in Iraq, the F–22 has not been cisions based on security interests and The PRESIDING OFFICER. The Sen- used in combat. It has not flown over fiscal responsibility and cut $1.75 bil- ator has used his 15 minutes. those countries. Over the course of lion for additional F–22 aircraft that Mr. ALEXANDER. Another Wash- these conflicts, we have seen the tragic our military commanders say they do ington takeover and too much debt. consequences when our troops don’t not need or we continue on a course There is a better way. have the equipment and resources they that cannot be sustained. I urge my I thank the Chair, and I yield the need, such as enhanced body armor or colleagues to do what is in this Na- floor. vehicles to protect them from IEDs. We tion’s best long-term interest, in the The PRESIDING OFFICER. The Sen- have seen what happens when we don’t best interests of our troops, and to vote ator from Minnesota. give our troops what they need. We for the Levin-McCain amendment. Ms. KLOBUCHAR. Mr. President, I cannot continue on this course. We I yield the floor. ask unanimous consent to speak for 5 must focus our defense resources on The PRESIDING OFFICER. The Sen- minutes, to be followed by the Senator the personnel, equipment, and systems ator from New Hampshire is recog- from New Hampshire, Mr. GREGG, who necessary to respond quickly to uncon- nized. wishes to speak for 10 minutes. ventional and evolving conflicts while Mr. GREGG. Mr. President, first, I The PRESIDING OFFICER. Without maintaining the ability to counter con- thank the Senator from Minnesota for objection, it is so ordered. ventional foes. yielding me this time and, second, I AMENDMENT NO. 1469 For years, Members on both sides of wish to talk today about waste. We are Ms. KLOBUCHAR. Mr. President, I the aisle have come to the Senate all concerned about waste. I have an come to the floor today to voice my Floor to denounce wasteful spending in amendment which I understand I can- support for the Levin-McCain amend- our defense budget and called on the not call up because the parliamentary ment to strike $1.75 billion added to Pentagon to be more responsible in its situation is such that the floor leaders the bill that is on the Senate floor to budgetary and procurement policies. did not wish to have another amend- purchase additional F–22 aircraft that Hearing this call, our military leaders ment brought up. have not been requested by the Pen- have produced a plan this year to ad- This sign here, which is a type of sign tagon. dress wasteful and unnecessary defense that is proliferating across our Nation I believe this amendment presents us spending so we can ensure that we are everywhere, reflects waste. It is totally with an important choice of what our providing our Armed Forces the tools inexcusable. It is a political advertise- national security priorities will be they need to keep America safe and ment for money that is being spent as going forward: Will we continue to strong while also ensuring that tax- a result of the stimulus package. That pour billions and billions of dollars payer dollars are used responsibly. is all it is. The sign says: ‘‘Project into weapon systems despite the fact We have a major debt in this coun- Funded by the American Recovery and they are not requested and despite cost try. Some of it is because of mistakes Reinvestment Act, Completion August overruns and program delays, or will made in the past. With this economy, 2009.’’ we make the hard choices necessary to there is enough blame to go around ev- That is a political statement, the ensure that our troops in the field have erywhere. We have a major debt, a purpose of which is to promote spend- what they need to fight present and fu- major deficit, and we have troops who ing on the stimulus package. I did not ture conflicts? need to get the equipment they de- vote for the stimulus package. I I believe the choice is clear. I am serve. What is the answer, put $1.75 bil- thought a program which is going to aware this means, for some States that lion into some planes the Pentagon spend almost 50 percent of the money are making this plane or have sub- says they do not need? I don’t think after the year 2011 made little sense contracts—and we have some in our that is the answer. and was not stimulus at all. But I cer- own State—that this means jobs. But if It should be noted that the limit on tainly would not have expected that as we don’t move forward to what we real- the number of F–22s that the Levin- a result of this program we would be ly need to produce for our troops McCain amendment would restore is funding these signs all over America to today, we are never going to be able to supported by the Secretary of Defense, promote this program. do the best for our troops and do the the Chairman of the Joint Chiefs, and These signs are not cheap, by the best for our country. both the current and the immediate way. In New Hampshire we get them By the way, as we move forward, that past Presidents of the United States. for less than most places. They cost means jobs. I was just up in northern I believe Senators LEVIN and MCCAIN about $300 a sign. But in Georgia they Minnesota visiting a little company should be commended for their dedica- cost $1,700 a sign; in Pennsylvania they that has no contacts with the military, tion to improving our defense posture cost $2,000 a sign; in New Jersey they no political connections to get con- and budget and for putting their own are costing $3,000 per sign. Literally, tracts, and they had been in a very political interests aside—their own there are 20,000 projects going on— open, transparent process because they jobs, in their own States. most of them paving projects across make an incredibly light backpack Earlier this spring, I was traveling this country, paving projects most of that is good for the troops, good for with Senator MCCAIN in Vietnam when which may have occurred anyway, but their back, and they got the contract. the Pentagon’s proposed reductions, in- in any event they are paving projects. This is a new era, and part of this new cluding the F–22s, were announced. I If you start multiplying the number of

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17621 signs going up, and each one of these per sign. That money, at the min- about how allowing our air superiority projects require having two or three imum—first, it should not have been to slip would mean we could lose our signs put up, you are talking very sig- spent. But if it is going to be spent, it ability to safeguard our Nation in the nificant dollars, you are talking tens of should have been actually spent on the years ahead. They have also noted that millions of dollars for self-promotion of project itself or other projects which prominent military officials have been these programs. were deserving. But certainly there clear that cutting off production of the Ironically, these signs are actually was no reason to spend it to promote F–22 would put our Nation’s defense at required before people can get the the project through these signs. high to moderate risk. funds. We had a gentleman in one of I will have an amendment which While I agree with my colleagues on our towns in New Hampshire, I think it says, essentially, no more signs, no all of these points, today I want to dis- was Derry, who said, before he would more wasting taxpayers’ dollars on cuss on the floor, this afternoon, an- be released the dollars to do the project signs that cost $3,000 promoting other negative consequence of this in his town that the town had applied projects for the purposes of political amendment that would harm our secu- for and it had approved, they had to aggrandizement. I hope to be able to rity, our economy, and our ability to agree to put up this sign. He didn’t call it up as we move forward on the respond quickly to threats in the fu- want to put up the sign. He thought it Defense bill. I recognize it is not imme- ture—a consequence that will hit home was a waste of money, but he was re- diately a defense issue, but unfortu- for so many in States such as Georgia, quired to put up this sign. nately this is the only authorizing bill Connecticut, Texas, California, and Why are we doing this? The Amer- floating around the body. These signs Washington, where every day we are ican people are sort of tired of us wast- are going up like weeds across the Na- fighting rising unemployment. It is an- ing dollars. They are especially tired of tion. Every time they go up, they cost other area in which our country has us wasting dollars trying to blow our our children a few thousand dollars on had clear superiority but where today, own horn around here. If the adminis- the national debt. So if we are going to because of actions like this amend- tration believed these signs promoting stop that type of profligate spending, ment, we are slipping into deep trou- the stimulus package were so valuable, we have to act now. Therefore, I am ble. let them spend campaign funds—be- going to call up this amendment when Today, I want to discuss how this cause that is what they are, they are the proper time occurs on the floor. amendment will erode the health and campaign signs—to put them up. But I yield the floor and suggest the ab- long-term needs of our Nation’s indus- instead we are putting these signs up. sence of a quorum. trial base. As many here in this body What these signs should say if we are The PRESIDING OFFICER. The know, this is not the first time I have going to put them up is: Project funded clerk will call the roll. sounded the alarm about our dis- by the future generations of American The assistant legislative clerk pro- appearing industrial base. This effort taxpayers—and they add to the debt of ceeded to call the roll. to prematurely cut production of the our children. That should be added Mr. LEVIN. Mr. President, I ask F–22 is simply the latest in a series of under here, ‘‘add to the debt of our unanimous consent the order for the decisions that fail to take into account children.’’ quorum call be rescinded. the men and women who work every The signs have no value at all, none, The PRESIDING OFFICER. Without day to provide for their families by other than self-promotion of these objection, it is so ordered. building the equipment that protects projects. Mr. LEVIN. Mr. President, I hope, if Maybe some of the projects are le- our colleagues might have remarks on our country. But, as I have said all gitimate. I think probably most of the pending amendment, they would along, protecting our domestic base is them are legitimate. To the extent come over now or give us some indica- not just about one company or one pro- they are done within this period of re- tion they might want to speak in the gram or one State or one industry. cession, I support them. The problem I morning because we need to press This is about our Nation’s economic had with the stimulus package was so ahead with this amendment. In the stability. It is about our future mili- much of the money was being spent next few minutes, I am going to be tary capability and the ability to re- outside the period when we know the making inquiry with the other side of tain skilled family-wage jobs in com- recession will be over. But even if the the aisle to see if we cannot reach a munities throughout our country. projects are legitimate, which most of unanimous consent agreement to have Just a few months ago, we passed a them I am sure are—although some a vote tomorrow morning. We tried long overdue bill in the Senate that re- have been questioned, such as the this yesterday without success and ear- forms many of the Pentagon’s procure- crossing path for turtles. That received lier today without success, but we are ment practices. In that bill, I worked a fair amount of press. I have to say I going to try again because it is impor- with Chairman LEVIN and others to didn’t understand why we had to build tant we resolve this amendment, dis- successfully add an amendment that an underpass for turtles, but I don’t pose of this amendment, so we can go draws the attention of the Pentagon live in whatever State that was in. But on with other amendments to the bill. leadership to consider the effects of as a very practical matter, the under- I will be making that inquiry of my their decisions on our industrial base pass for turtles had a sign which said good friend from Arizona in the next and its ability to meet our national se- the project is being built at the ex- few minutes. curity objectives. I worked to include pense of the American taxpayers, pro- The PRESIDING OFFICER. The Sen- that provision because I believe it is moting the American Recovery and Re- ator from Washington. time to start a serious conversation investment Act. Mrs. MURRAY. Mr. President, I rise about the future of the men and women This is foolish. This is the type of this afternoon to express my opposi- who produce our tanks, our boats, and thing that drives taxpayers crazy, and tion to the Levin-McCain amendment our planes, the skilled workers our it should. It is so inexcusable. People that would cut off production of the F– military depends on. It is a workforce get outraged by us doing things such as 22 fleet and would hurt hard-working that is disappearing before our eyes. this and by the Government doing families in the aerospace industry Providing the equipment our things such as this. You drive by this across our country. warfighters need is a partnership. It is sign and, if you have a chainsaw in the I know many of my colleagues have a partnership that requires the Pen- back of your truck, you want to cut come to the floor to echo their opposi- tagon to be actively engaged with the them down. Of course, they put them tion to this amendment, and I have lis- manufacturers that supply the systems up in steel so you have to have a blow- tened to them speak very convincingly and parts that make up our aircraft torch, but in any event they should not about how it would limit our continued and defense systems. It is a partnership be out there, and they certainly should air superiority in the skies across the that requires the Pentagon to take not be out there costing $300 to $3,000 globe. I have listened to them talk into account how our workforce and

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.000 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17622 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 manufacturing capability will be af- gone, and we not only lose the jobs but tion’’ to the definition of hate crimes fected when they cancel vital pro- we lose the skills and the potential under Federal law, giving law enforce- grams. ability to provide our military with the ment officials the tools they need to Unfortunately, today military pro- equipment to defend our Nation and bring all violent criminals to justice. curement is a one-way street. In fact, project our might worldwide. Many States already have hate just yesterday, the Aerospace Indus- So today, as we consider a critical crimes legislation on the books. I am tries Association issued a major report. tool for the future of our military proud to say my home State of Illinois I have it here in my hand today. This across the globe, we cannot forget the is among them. But we need to make report finds that the Pentagon has needs of our industrial base, because sure violent criminals face the same failed to consider industrial efforts unless we begin to address this issue penalties in Washington as they do in when choosing strategies. now and really think about it, we are Illinois and across the Nation. Much like my amendment to the pro- not only going to lose some of our best- Hate crimes are assaults against in- curement reform bill, this report urges paying American jobs, we are going to dividuals, but they tragically target an the Pentagon to take into account the lose the backbone of our military entire group of people. Matthew impact decisions, like the one to stop might. Shepard was not just a young gay man, production of the F–22, take on our At a time when we are looking to he was a very young gay man. Col- manufacturing base. This report—and I create jobs and build the economy, leagues, it is time to take a stand. It is urge my colleagues to take a look at it eliminating the $12 billion in economic time for the Senate to help end the ha- if you have not seen it—notes that our activity and thousands of American tred, to reaffirm our commitment to an manufacturing base was not taken into jobs that are tied to the F–22 produc- America that is as free and as equal as account in past Quadrennial Defense tion does not make sense to me. Sup- our founders intended for it to be, to Reviews and that when Secretary porting continued F–22 production will make sure that no American lives in Gates unveiled his program cuts in help defend against potential threats, fear because of who they are. April, he specifically said that defense and, of course, it will protect family- As a former attorney general of Illi- industry jobs were not a factor in his wage jobs, and, importantly, it will nois, I have been fighting hate crimes decisions. preserve our domestic base. for many years. Since the very begin- Well, as our country faces two dif- So I urge our colleagues to oppose ning of my career, I have spoken out ficult but not unrelated challenges— the amendment that has been offered. against injustice and worked hard to safeguarding our country in a dan- I suggest the absence of a quorum. end discrimination. So I understand gerous world and rebuilding our fal- The PRESIDING OFFICER. The how important the Matthew Shepherd tering economy—ignoring the needs of clerk will call the roll. Act will be as we seek to bring crimi- our industrial base should not be an op- The assistant legislative clerk pro- nals to justice for their actions. tion. Whether it is the scientists who ceeded to call the roll. But some have expressed concern are designing the next generation of Mr. BURRIS. Mr. President, I ask about this measure. I have heard from military satellites or the engineers unanimous consent that the order for Illinois residents who worry that this who are improving our radar systems the quorum call be rescinded. may prevent them or their religious or the machinists who assemble our The PRESIDING OFFICER. Without leaders from expressing their faith. As warplanes, these industries and their objection, it is so ordered. a deeply religious American myself, I workers are one of our greatest stra- MATTHEW SHEPARD LOCAL LAW ENFORCEMENT would oppose any bill that restricts our tegic assets. What if they were not ACT freedom of speech or our freedom of re- available? What if we made budgetary Mr. BURRIS. Mr. President, I would ligion. and policy decisions without taking like to speak on the National Defense So let me assure my constituents and into account the future needs of our authorization bill that is pending be- my colleagues that the Matthew domestic workforce? Well, that is not fore the Senate in reference to an Shepard Act applies to violent crimes, impossible. It is not even unthinkable. amendment that would be on that bill. not religious speech. It will help us end It is actually happening today. More than a decade ago, on a cold murder and assault, but it will not af- We need to be clear about the rami- night in Wyoming, a young man was fect the sermons people will hear every fications of amendments such as the assaulted and killed simply for being Sunday or the ability to preach the one that has been offered here today who he was. The brutality of that mur- things they believe. because once our plants shut down and der shocked the Nation. But even more A decade has passed since Matthew once our skilled workers have moved shocking was the motive for the crime. Shepard’s tragic death. We must not on to other fields and once that basic Matthew Shepard was targeted and let another year go by without the infrastructure is gone, we are not going killed that night for nothing more than Matthew Shepard Act as the law of the to be able to rebuild it overnight. his sexual orientation. land. Building an F–22 is not something you The fact that the vicious attack I urge my colleagues to join me in learn in school. It takes years of on- could occur at all is hard to believe. supporting this important legislation. the-job experience. Ask any one of the But the fact that it was done out of Hopefully, we will be able to have hate workers from Forth Worth to Balti- blind hatred is simply too much to crimes as a crime on the books in the more who are responsible for the intri- bear. So we must make sure Matthew Nation as well as in our States. cate radar systems or the high-tech en- Shepard’s death was not in vain. I yield the floor, and I suggest the ab- gine parts or the complex stealth tech- We must shape a positive legacy from sence of a quorum. nology. We have machinists today in the ashes of this terrible tragedy. I be- The PRESIDING OFFICER. The this country who have past experience lieve this is the next chapter in the clerk will call the roll. and know-how down the ranks for 50 struggle against hatred and in the The assistant legislative clerk pro- years. We have engineers who know our favor of equal rights. As we have been ceeded to call the roll. mission and who know the needs of our called to do throughout our history, I Mr. LEVIN. I ask unanimous consent soldiers and sailors and airmen and believe it is time to take action once that the order for the quorum call be marines. We have a reputation for de- again. rescinded. livering for our military. It took us a I rise today in support of the legisla- The PRESIDING OFFICER. Without long time to build this industrial base tion inspired by Matthew’s tragic objection, it is so ordered. to the point where we have workers story. I am proud to be a cosponsor of f who can make fifth-generation air the Matthew Shepard Local Law En- fighter planes. What we have left we forcement Hate Crime Prevention Act. MORNING BUSINESS have to work to keep because once our If it becomes law, the Matthew Mr. LEVIN. Mr. President, so far we plants shut down, those industries are Shepard Act will add ‘‘sexual orienta- have been unable to obtain agreement

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17623 to have a vote tomorrow morning on marketing and promoting wheat on be- tary of the Danube and is located in the Levin-McCain amendment. I am half of my State’s farm families. As the the western part of which European hoping we can achieve such agreement top spring wheat and durum wheat pro- country?’’ The answer, ‘‘Romania,’’ yet tonight; if not, in the clear dawn of ducing State in the Nation, I am proud was given correctly by Eric Yang after tomorrow morning. I am disappointed of what the North Dakota Wheat Com- two other tie-breaker questions. Eric is we have not been able to reach agree- mission has been able to achieve for the first Texan to be named champion ment to go to a vote on that amend- our State’s producers. in the competition’s 21-year history. ment, but that is a fact with which we The commission, created by the According to Eric’s mother, the main will have to deal. In the meantime, I North Dakota Legislature in 1959, has reason for his success has been his curi- ask unanimous consent that the Sen- allowed my State’s farmers to become osity, saying that it ‘‘is a major part of ate now proceed to a period of morning more actively engaged in the export Eric. He reads everything from history business, with each Senator allowed to and market promotion of our wheat books to cookbooks to learn about speak up to 10 minutes. crop because the commission is funded other places and cultures.’’ Eric’s de- The PRESIDING OFFICER. Without and directed by producers. During its sire to learn is also evident in his scho- objection, it is so ordered. 50 years of existence, North Dakota’s lastic record. At age 13, Eric scored a f average wheat production has in- 2200 on the SATs out of a possible score creased from 100 million bushels to 300 of 2400. REMEMBERING STEVEN CROWLEY million bushels annually. In that same Young Texans, such as Eric Yang, AND BRIAN ELLIS time period, total U.S. exports have in- prove that persistence and a curious Ms. STABENOW. Mr. President, 30 creased from 500 million bushels to 1.3 mind are the keys to unlocking oppor- years ago this November, two Ameri- billion bushels. tunities for success. I congratulate cans were killed when a mob attacked Thanks in part to the work of the Eric on this important accomplishment the American Embassy in Islamabad, North Dakota Wheat Commission, U.S. and encourage him as he continues his Pakistan. I wish to pay tribute to those hard red spring and durum wheat are quest for knowledge.∑ men, Marine CPL Steven Crowley and exported to more than 80 countries f around the world. These exports ac- Army WO Brian Ellis. COMMENDING JOE AND CHRISTINE Just a little over 2 weeks earlier, 66 count for 50 percent of hard red spring TOWNSEND Americans had been taken hostage by wheat and one-third of durum wheat. students in Tehran. On November 21, The North Dakota Wheat Commission’s ∑ Mr. CORNYN. Mr. President, today I 1979, Ayatollah Khomeini, the Supreme customer base includes markets across recognize the distinguished service of Leader of Iran, took to the airwaves the globe, including Asia, Latin Amer- two Texans, as they approach retire- and falsely accused American troops of ica and Europe. ment from Texas A&M in January 2010. occupying the Great Mosque in Mecca. While our wheat output and exports For over 30 years, Dr. Joe D. Townsend Protests raged against the United have increased, one thing has remained and Dr. Christine Townsend, often re- States throughout Pakistan that day. the same: My State’s wheat producers ferred to as ‘‘Dr. Joe and Dr. Chris’’ by A student protest formed outside the have a solid reputation around the their students, have served the stu- gates of the American Embassy com- world for having a premium product. dents of Texas as instructors, mentors, pound in Islamabad, but it quickly This is, in part, thanks to the hard and friends. By recognizing and culti- turned violent. Protesters broke down work of the North Dakota Wheat Com- vating the untapped potential within part of the wall, surged into the commission. students, they have inspired countless pound, and began shooting at American In closing, I again want to recognize youth to be men and women of char- forces, breaking windows, and setting the North Dakota Wheat Commission acter, vision, and dedication. fire to the buildings. for a successful first 50 years and wish Dr. Joe began serving students over Most of the Embassy staff members them continued success in the future.∑ 40 years ago as a vocational agriculture were able to get to a secure commu- f teacher in Aubrey, TX. Since that time, he has positively impacted the nications room, where they remained COMMENDING ERIC YANG for over 5 hours until the Pakistani lives of thousands of students through ∑ Mr. CORNYN. Mr. President, today I military arrived to quell the rioters. many different roles. At Texas A&M wish to recognize the achievements of Corporal Crowley was killed while pro- University, Dr. Joe served as a pro- Eric Yang, a 13-year-old seventh grade tecting the compound; Warrant Officer fessor, associate dean for student de- student at Griffin Middle School in The Ellis was found burned to death in his velopment in the College of Agri- Colony, TX. Eric recently competed in apartment on the compound. Two Pak- culture and Life Sciences, and most re- and won the 2009 National Geographic istani employees of the Embassy were cently, associate vice president for stu- Bee, held here in Washington, DC. Out dent affairs. His office was known as also killed by rioters that day. of a field of 55 contestants, one from This weekend, survivors of that at- refuge for students in need of wisdom each of the 50 States and territories, tack will meet at Arlington National and advice, and many relied on his sup- Eric won the competition in the third Cemetery. My thoughts and prayers port and encouragement to make the finals tie-breaker. Out of nine students, will be with them as they remember difficult transition from high school to Eric was the only one who missed no those whose lives were cut short that college. questions. This has only occurred five Dr. Chris’ career in higher education fateful day in November. began three decades ago at Illinois Steven Crowley and Brian Ellis died times in the competition’s 21-year history. In recognition of his success, Eric State University. At Texas A&M, Dr. in the line of duty, serving their coun- will receive a college scholarship worth Chris has served as a professor, depart- try and defending American lives. $25,000, a lifetime membership in the ment head, undergraduate coordinator, Their service must not be forgotten. National Geographic Society, and a and undergraduate adviser in the de- f trip to the Gala` pagos Islands with the partment of agricultural leadership, ADDITIONAL STATEMENTS moderator of the National Geographic education, and development. She has a Bee and host of ‘‘Jeopardy!,’’ Alex gift for recognizing the unique needs of Trebek. To achieve this honor, Eric students and never failed to commit COMMENDING THE NORTH DAKOTA won a nationwide contest comprised of her time, energy, and resources to WHEAT COMMISSION nearly 5 million students in the fourth meeting their needs. Dr. Chris’ love for ∑ Mr. CONRAD. Mr. President, today I through eighth grades who had partici- teaching students has made a lasting honor the North Dakota Wheat Com- pated in the local geographic bees held impact on her department and her de- mission. in the 50 States and five territories. parture will leave a void that will be On July 8, the North Dakota Wheat The winning question was: ‘‘Timis difficult to fill, and a legacy that will Commission celebrated its 50th year County shares its name with a tribu- be easy to remember.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17624 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 Their years of selfless service and un- 50TH ANNIVERSARY OF THUNDER MESSAGES FROM THE PRESIDENT wavering devotion to the improvement ROAD INTERNATIONAL SPEED- Messages from the President of the of students’ lives have earned the re- BOWL United States were communicated to spect of countless Texans. I thank ∑ Mr. SANDERS. Mr. President, today the Senate by Mrs. Neiman, one of his them for their commitment to excel- I honor a renowned Vermont landmark secretaries. lence and send my best wishes for the and business, Thunder Road Inter- ∑ f years ahead. national SpeedBowl, which is celebrating its 50th anniversary this sea- EXECUTIVE MESSAGES REFERRED f son. As in executive session the Presiding Thursday nights every summer, short Officer laid before the Senate messages REMEMBERING JACK track races take place on Thunder from the President of the United EBERSPACHER Road’s uniquely configured quarter- States submitting sundry nominations mile paved track. Thunder Road has ∑ Mr. NELSON of Nebraska. Mr. Presi- which were referred to the appropriate been recognized as one of the finest dent, today I wish to pay tribute to a committees. short tracks in the Nation. Built in good friend and great Nebraskan, Jack (The nominations received today are 1959 on farm land in Barre, VT, by long- Eberspacher, who passed away on July printed at the end of the Senate pro- time network sports commentator Ken 5, 2009, at the tender age of 55 after a ceedings.) Squier and his partners, Thunder Road short but courageous battle with can- f is an American institution of which cer. Jack was a very special friend to Vermont is proud. EXECUTIVE AND OTHER all who knew him, dedicating his pro- Thunder Road has offered inexpen- COMMUNICATIONS fessional life to the advancement and sive family entertainment for five dec- betterment of the agricultural industry The following communications were ades. This revered race track has and the agribusiness community. laid before the Senate, together with brought international racing stars to accompanying papers, reports, and doc- A native of Seward, NE, Jack re- the Green Mountain State while also uments, and were referred as indicated: ceived his bachelor of science degree offering opportunities for Vermonters EC–2301. A communication from the Acting from the University of Nebraska at to compete in front of passionate and Lincoln. After several years working in Director, Office of Sustainable Fisheries, De- knowledgeable fans. partment of Commerce, transmitting, pursu- various agribusiness positions through- After World War II, there were more ant to law, the report of a rule entitled out the United States, Jack was named than 22 short tracks in the State of ‘‘Fisheries of the Northeastern United the chief executive officer of the Na- Vermont. With only three tracks re- States; Northeast Multispecies Fishery; tional Grain Sorghum Producers Asso- maining, Thunder Road stands out as Modification of the Yellowtail Flounder ciation, headquartered in Lubbock, TX. the largest spectator sports venue in Landing Limit for the U.S./Canada Manage- He is credited with growing that asso- ment’’ ((RIN0648–XP50) (Docket No. the State. 080521698–9067–02)) received in the Office of ciation by 300 percent and with devel- Today, some drivers at Thunder Road oping balanced association programs the President of the Senate on July 8, 2009; can recall watching their grandfathers to the Committee on Commerce, Science, on policy, plant science and utilization, drive the same track. ‘‘Thunder Road and Transportation. and for placing the association on the is just about racing—there’s no poli- EC–2302. A communication from the Acting national legislative and regulatory tics, no marketing—it’s just racing and Director, Office of Sustainable Fisheries, De- scene. it’s always been that way,’’ said Steve partment of Commerce, transmitting, pursu- In 1998, Jack accepted the position of Letarte, a Maine native and crew chief ant to law, the report of a rule entitled ‘‘2009 chief executive officer of the National Monkfish Research Set-Aside Program’’ for NASCAR star Jeff Gordon. ((RIN0648–XP54) (Docket No. 080626787–8788– Association of Wheat Growers here in Vermonters appreciate Thunder Road 01)) received in the Office of the President of Washington, DC. Under his leadership, for its longtime contributions to its the Senate on July 8, 2009; to the Committee the organization experienced a finan- community. For 50 years, this short on Commerce, Science, and Transportation. cial turnaround, with Jack leading the track has been an invaluable institu- EC–2303. A communication from the Acting group out of a negative budget in net tion for the people of Vermont and Assistant Administrator for Fisheries, Na- earnings to a positive one in just over throughout the Northeast.∑ tional Marine Fisheries Service, Department 2 years. of Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Endangered f Jack was appointed president and and Threatened Species; Determination of chief executive officer of the Agricul- Endangered Status for the Gulf of Maine Dis- tural Retailers Association in 2001, 125TH ANNIVERSARY OF WHITE, tinct Population Segment of Atlantic Salm- where he remained until his passing. In SOUTH DAKOTA on’’ (RIN0648–XJ93) received in the Office of this capacity, he increased the annual ∑ Mr. THUNE. Mr. President, today I the President of the Senate on July 9, 2009; association dues revenue by more than to the Committee on Commerce, Science, recognize White, SD. The town of and Transportation . 100 percent. In February 2002, he was White will celebrate the 125th anniver- the only commodity leader invited to EC–2304. A communication from the Acting sary of its founding this year. Assistant Administrator for Fisheries, Na- address the National Governors’ Con- Located in Brookings County, White tional Marine Fisheries Service, Department ference, where he discussed the impor- was founded as an agricultural town in of Commerce, transmitting, pursuant to law, tance of the 2002 farm bill and the state 1884. Now, 125 years later, the town the report of a rule entitled ‘‘Endangered of the agricultural economy. still relies on agriculture, but has also and Threatened Species; Designation of Crit- Jack was also a political activist and expanded into a destination for hunt- ical Habitat for Atlantic Salmon (Salmo volunteer; an active member of the salar) Gulf of Maine Distinct Population ing, fishing, and outdoor adventures. Segment’’ (RIN0648–AW77) received in the Of- Bennett Roundtable of the Farm Foun- White continues to be an excellent ex- fice of the President of the Senate on July 9, dation of Chicago, Illinois; and a re- ample of what makes South Dakota 2009; to the Committee on Commerce, cipient of the Alpha Gamma Rho Fra- such a great place to live and do busi- Science, and Transportation. ternity Brother of the Century Award. ness. The town will celebrate this mile- EC–2305. A communication from the Assist- I offer my most sincere condolences stone during their annual ‘‘Pioneer ant Secretary for Communications and Infor- to Jack’s wife Jinger and their family. Days’’ July 17 through 19 with a num- mation, National Telecommunication and Jack’s passion for service, dynamic ber of activities for residents and visi- Information Administration, Department of Commerce, transmitting, pursuant to law, leadership, and unwavering dedication tors to enjoy. the report of a rule entitled ‘‘State to the greater agribusiness community I would like to offer my congratula- Broadband Data and Development Grant will remain a source of inspiration to tions to White on its 125th anniver- Program’’ (RIN0660–ZA29) received in the Of- all those who knew him.∑ sary.∑ fice of the President of the Senate on July 9,

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17625 2009; to the Committee on Commerce, sel for Legislation and Regulatory Law, Of- tion 902 of the Medicare Prescription Drug, Science, and Transportation. fice of Energy Efficiency and Renewable En- Improvement, and Modernization Act (MMA) EC–2306. A communication from the Direc- ergy, Department of Energy, transmitting, of 2003 for Calendar Year 2008’’; to the Com- tor, Regulatory Management Division, Office pursuant to law, the report of a rule entitled mittee on Finance. of Policy, Economics, and Innovation, Envi- ‘‘Energy Conservation Program: Test Proce- EC–2324. A communication from the Acting ronmental Protection Agency, transmitting, dures for Small Electric Motors’’ (RIN1904– Fiscal Assistant Secretary, Department of pursuant to law, the report of a rule entitled AB71) received in the Office of the President the Treasury, transmitting, pursuant to law, ‘‘Buprofezin; Pesticide Tolerances’’ (FRL No. of the Senate on July 8, 2009; to the Com- the annual reports that appeared in the 8421–3) received in the Office of the President mittee on Energy and Natural Resources. March 2009 edition of the Treasury Bulletin; of the Senate on July 8, 2009; to the Com- EC–2317. A communication from the Attor- to the Committee on Finance. mittee on Agriculture, Nutrition, and For- ney of the Office of Assistant General Coun- EC–2325. A communication from the Assist- estry. sel for Legislation and Regulatory Law, Of- ant Secretary, Office of Legislative Affairs, EC–2307. A communication from the Direc- fice of Energy Efficiency and Renewable En- Department of State, transmitting, pursuant tor, Regulatory Management Division, Office ergy, Department of Energy, transmitting, to law, a report relative to an amendment to of Policy, Economics, and Innovation, Envi- pursuant to law, the report of a rule entitled Parts 123, 124, 126, and 129 of the Inter- ronmental Protection Agency, transmitting, ‘‘Test Procedures for General Service Fluo- national Traffic in Arms Regulations pursuant to law, the report of a rule entitled rescent Lamps, Incandescent Reflector (ITAR); to the Committee on Foreign Rela- ‘‘Indoxacarb; Pesticide Tolerances’’ (FRL Lamps, and General Service Incandescent tions. EC–2326. A communication from the Assist- No. 8424–9) received in the Office of the Presi- Lamps’’ (RIN1904–AB72) received in the Of- ant Secretary, Bureau of Legislative Affairs, dent of the Senate on July 8, 2009; to the fice of the President of the Senate on July 8, Department of State, transmitting, pursuant Committee on Agriculture, Nutrition, and 2009; to the Committee on Energy and Nat- to the Arms Export Control Act, the certifi- Forestry. ural Resources. cation of an application for a license for the EC–2308. A communication from the Direc- EC–2318. A communication from the Acting export of defense articles or services, includ- tor, Regulatory Management Division, Office Director, Office of Surface Mining, Depart- ing technical data, realated to the design, of Policy, Economics, and Innovation, Envi- ment of the Interior, transmitting, pursuant manufacture, test and delivery of the BSAT– ronmental Protection Agency, transmitting, to law, the report of a rule entitled ‘‘West 3c/JCSAT–110R Commercial Communications pursuant to law, the report of a rule entitled Virginia Regulatory Program’’ ((WV–115– Satellite(s) for Japan in the amount of ‘‘Mandipropamid; Pesticide Tolerances’’ FOR)(Docket No. OSM–2009–0006)) received in $50,000,000 or more; to the Committee on For- (FRL No. 8422–5) received in the Office of the the Office of the President of the Senate on eign Relations. President of the Senate on July 8, 2009; to July 10, 2009; to the Committee on Energy the Committee on Agriculture, Nutrition, EC–2327. A communication from the Assist- and Natural Resources. ant Secretary, Bureau of Legislative Affairs, and Forestry. EC–2319. A communication from the Acting EC–2309. A communication from the Under Department of State, transmitting, pursuant Director, Office of Surface Mining Reclama- to the Arms Export Control Act, the certifi- Secretary of Defense for Acquisition, Tech- tion and Enforcement, Department of the In- nology, and Logistics, transmitting, pursu- cation of a proposed manufacturing license terior, transmitting, pursuant to law, the re- agreement for the export of defense articles ant to law, a report entitled ‘‘National De- port of a rule entitled ‘‘Civil Monetary Pen- fense Stockpile Annual Materials Plan for or services for the M72 Lightweight Anti- alties’’ ((RIN1028–AC61)(Docket No. OSM– Armor Weapon System for Thailand in the Fiscal Year 2010 and for the Succeeding 4 2009–0004)) received in the Office of the Presi- Years’’; to the Committee on Armed Serv- amount of $100,000,000 or more; to the Com- dent of the Senate on July 10, 2009; to the mittee on Foreign Relations. ices. Committee on Energy and Natural Re- EC–2310. A communication from the Assist- EC–2328. A communication from the Assist- sources. ant Secretary of Defense (Reserve Affairs), ant Secretary, Bureau of Legislative Affairs, EC–2320. A communication from the Direc- transmitting, pursuant to law, a report rel- Department of State, transmitting, pursuant tor, Regulatory Management Division, Office ative to the quarterly reporting of with- to the Arms Export Control Act, the certifi- of Policy, Economics, and Innovation, Envi- drawals or diversions of equipment from Re- cation of a proposed manufacturing license ronmental Protection Agency, transmitting, serve component units; to the Committee on agreement for the export of defense articles pursuant to law, the report of a rule entitled Armed Services. or services, including technical data, related EC–2311. A communication from the Execu- ‘‘Approval and Promulgation of Air Quality to the manufacture, assembly, repair, over- tive Vice President and Chief Financial Offi- Implementation Plans; Pennsylvania; Alle- haul and logistical support for the MK44 cer, Federal Home Loan Bank of Atlanta, gheny County, Continuous Opacity Monitor Chain Gun used in an Armored Infantry Ve- transmitting, pursuant to law, the Bank’s Regulation’’ (FRL No. 8929–2) received in the hicle for Switzerland in the amount of 2008 Management Report; to the Committee Office of the President of the Senate on July $50,000,000 or more; to the Committee on For- on Banking, Housing, and Urban Affairs. 8, 2009; to the Committee on Environment eign Relations. EC–2312. A communication from the Presi- and Public Works. EC–2329. A communication from the Assist- dent and Chief Executive Officer, Federal EC–2321. A communication from the Direc- ant Secretary, Bureau of Legislative Affairs, Home Loan Bank of Pittsburgh, transmit- tor, Regulatory Management Division, Office Department of State, transmitting, pursuant ting, pursuant to law, the Bank’s 2008 Man- of Policy, Economics, and Innovation, Envi- to the Arms Export Control Act, a certifi- agement Report; to the Committee on Bank- ronmental Protection Agency, transmitting, cation regarding the proposed permanent ing, Housing, and Urban Affairs. pursuant to law, the report of a rule entitled transfer of six F–16 A MLU Block 15, three F– EC–2313. A communication from the Presi- ‘‘Approval and Promulgation of Air Quality 16 B MLU Block 10 aircraft, ten F100–220E en- dent and Chief Executive Officer, Federal Implementation Plans; Texas; Revisions to gines, personnel and technical assistance, Home Loan Bank of Seattle, transmitting, the 1-Hour Ozone Plan for the Beaumont/ Ground Support Equipment, Alternate Mis- pursuant to law, the Bank’s 2008 Manage- Port Arthur Area: Control of Air Pollution sion Equipment, and one Falcon STAR kit ment Report; to the Committee on Banking, from Volatile Organic Compounds, and Ni- (hardware) package from the Government of Housing, and Urban Affairs. trogen Compounds, and Reasonably Avail- Belgium to the Kingdom of Jordan in the EC–2314. A communication from the Chief able Control Technology’’ (FRL No. 8928–6) amount of $25,000,000 or more; to the Com- Counsel, Federal Emergency Management received in the Office of the President of the mittee on Foreign Relations. Agency, Department of Homeland Security, Senate on July 8, 2009; to the Committee on EC–2330. A communication from the Assist- transmitting, pursuant to law, the report of Environment and Public Works. ant Secretary, Bureau of Legislative Affairs, a rule entitled ‘‘Changes in Flood Elevation EC–2322. A communication from the Direc- Department of State, transmitting, pursuant Determinations’’ ((44 CFR Part 65) (Docket tor, Regulatory Management Division, Office to the Arms Export Control Act, the certifi- No. FEMA–2008–0020)) received in the Office of Policy, Economics, and Innovation, Envi- cation of a proposed technical service agree- of the President of the Senate on July 9, 2009; ronmental Protection Agency, transmitting, ment for the export of defense articles or to the Committee on Banking, Housing, and pursuant to law, the report of a rule entitled services, including technical data, and hard- Urban Affairs. ‘‘Approval and Promulgation of Air Quality ware to support the Proton launch of the EC–2315. A communication from the Assist- Implementation Plans; Virginia; Update to Intelsat 16 Commercial Communication Sat- ant Secretary for Congressional and Inter- Materials Incorporated by Reference’’ (FRL ellite from the Baikonur Cosmodrome in governmental Affairs, Department of Hous- No. 8923–9) received in the Office of the Presi- Kazakhstan in the amount of $50,000,000 or ing and Urban Development, transmitting a dent of the Senate on July 8, 2009; to the more; to the Committee on Foreign Rela- report entitled ‘‘2008 Annual Homelessness Committee on Environment and Public tions. Assessment Report to Congress’’; to the Works. EC–2331. A communication from the Assist- Committee on Banking, Housing, and Urban EC–2323. A communication from the Sec- ant Secretary, Bureau of Legislative Affairs, Affairs. retary of Health and Human Services, trans- Department of State, transmitting, pursuant EC–2316. A communication from the Attor- mitting, pursuant to law, a report entitled to the Arms Export Control Act, the certifi- ney of the Office of Assistant General Coun- ‘‘Finalizing Medicare Regulations under Sec- cation of a proposed technical assistance

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17626 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009

agreement for the export of technical data, By Mr. SCHUMER (for himself, Mr. S. 572 defense services, and defense articles for the WICKER, Mr. BAYH, Mrs. GILLIBRAND, At the request of Mr. WEBB, the name supply and support of the RF–5800 and RF– and Mr. LIEBERMAN): of the Senator from Montana (Mr. 7800 series radios and accessories for end-use S. 1452. A bill to amend title 38, United by the United Arab Emirates Armed Forces States Code, to clarify the meaning of ‘‘com- TESTER) was added as a cosponsor of S. Special Operations Command in the amount bat with the enemy’’ for purposes of service- 572, a bill to provide for the issuance of of $50,000,000 or more; to the Committee on connection of disabilities; to the Committee a ‘‘forever stamp’’ to honor the sac- Foreign Relations. on Veterans’ Affairs. rifices of the brave men and women of EC–2332. A communication from the Assist- By Mr. BINGAMAN (for himself, Mr. the armed forces who have been award- ant Secretary, Bureau of Legislative Affairs, UDALL of New Mexico, Mr. UDALL of ed the Purple Heart. Department of State, transmitting, pursuant Colorado, Mr. BENNET, Mr. BENNETT, S. 584 to the Arms Export Control Act, the certifi- and Mr. HATCH): cation of a proposed technical assistance S. 1453. A bill to amend Public Law 106–392 At the request of Mr. HARKIN, the agreement for the technical data, defense to maintain annual base funding for the Bu- name of the Senator from Maryland services, and hardware to support the Proton reau of Reclamation for the Upper Colorado (Mr. CARDIN) was added as a cosponsor launch of the AMC–4R Commercial Commu- River and San Juan fish recovery programs of S. 584, a bill to ensure that all users nication Satellite from the Baikonur through fiscal year 2023; to the Committee of the transportation system, including Cosmodrome in Kazakhstan in the amount of on Energy and Natural Resources. pedestrians, bicyclists, transit users, $50,000,000 or more; to the Committee on For- By Mrs. MCCASKILL: eign Relations. S. 1454. A bill to provide for adequate over- children, older individuals, and individuals with disabilities, are able to travel f sight and inspection by the Federal Aviation Administration of individuals who perform safely and conveniently on and across INTRODUCTION OF BILLS AND maintenance work on United States com- federally funded streets and highways. JOINT RESOLUTIONS mercial aircraft and of foreign repair sta- S. 653 The following bills and joint resolutions that perform such work, and for other purposes; to the Committee on Commerce, At the request of Mr. CARDIN, the tions were introduced, read the first Science, and Transportation. name of the Senator from Florida (Mr. and second times by unanimous con- By Mr. NELSON of Florida: NELSON) was added as a cosponsor of S. sent, and referred as indicated: S. 1455. A bill to amend title 36, United 653, a bill to require the Secretary of By Mr. LAUTENBERG (for himself, States Code, to grant a Federal charter to the Treasury to mint coins in com- Mrs. GILLIBRAND, and Mr. NELSON of the Military Officers Association of America, memoration of the bicentennial of the Nebraska): and for other purposes; to the Committee on writing of the Star-Spangled Banner, the Judiciary. S. 1445. A bill to amend the Public Health and for other purposes. Service Act to improve the health of chil- By Mr. SCHUMER: dren and reduce the occurrence of sudden un- S. 1456. A bill to fully compensate local S. 662 expected infant death and to enhance public educational agencies and local governments At the request of Mr. CONRAD, the health activities related to stillbirth; to the for tax revenues lost when the Federal Gov- name of the Senator from New Jersey Committee on Health, Education, Labor, and ernment takes land into trust for the benefit (Mr. MENENDEZ) was added as a cospon- Pensions. of a federally recognized Indian tribe or an By Mrs. GILLIBRAND: individual Indian; to the Committee on En- sor of S. 662, a bill to amend title XVIII S. 1446. A bill to amend title XIX of the So- ergy and Natural Resources. of the Social Security Act to provide cial Security Act to provide incentives for for reimbursement of certified midwife increased use of HIV screening tests under f services and to provide for more equi- the Medicaid program; to the Committee on ADDITIONAL COSPONSORS table reimbursement rates for certified Finance. nurse-midwife services. By Mrs. HUTCHISON: S. 144 S. 663 S. 1447. A bill to expand broadband deploy- At the request of Mr. KERRY, the ment, and for other purposes; to the Com- name of the Senator from Maryland At the request of Mr. NELSON of Ne- mittee on Finance. braska, the name of the Senator from (Ms. MIKULSKI) was added as a cospon- By Mr. MERKLEY (for himself and Mr. sor of S. 144, a bill to amend the Inter- Arkansas (Mr. PRYOR) was added as a WYDEN): cosponsor of S. 663, a bill to amend S. 1448. A bill to amend the Act of August nal Revenue Code of 1986 to remove cell phones from listed property under sec- title 38, United States Code, to direct 9, 1955, to authorize the Coquille Indian the Secretary of Veterans Affairs to es- Tribe, the Confederated Tribes of Siletz Indi- tion 280F. tablish the Merchant Mariner Equity ans, the Confederated Tribes of the Coos, S. 259 Lower Umpqua, and Siuslaw, the Klamath Compensation Fund to provide benefits At the request of Mr. BOND, the Tribes, and the Burns Paiute Tribe to obtain to certain individuals who served in 99-year lease authority for trust land; to the names of the Senator from Nebraska the United States merchant marine Committee on Indian Affairs. (Mr. NELSON) and the Senator from (including the Army Transport Service By Mr. NELSON of Florida: Massachusetts (Mr. KERRY) were added and the Naval Transport Service) dur- S. 1449. A bill to amend title 36, United as cosponsors of S. 259, a bill to estab- ing World War II. States Code, to grant a Federal charter to lish a grant program to provide vision the Military Officers Association of America, care to children, and for other pur- S. 727 and for other purposes; to the Committee on poses. At the request of Ms. LANDRIEU, the the Judiciary. name of the Senator from New York S. 469 By Mr. ENSIGN (for himself and Mr. (Mr. SCHUMER) was added as a cospon- At the request of Mr. VOINOVICH, the BROWN): sor of S. 727, a bill to amend title 18, S. 1450. A bill to enable State homes to fur- name of the Senator from Illinois (Mr. United States Code, to prohibit certain nish nursing home care to parents any of DURBIN) was added as a cosponsor of S. conduct relating to the use of horses whose children died while serving in the 469, a bill to amend chapter 83 of title for human consumption. Armed Forces; to the Committee on Vet- 5, United States Code, to modify the erans’ Affairs. computation for part-time service S. 823 By Mr. ROCKEFELLER (for himself, At the request of Ms. SNOWE, the Mrs. HUTCHISON, Mr. DORGAN, and Mr. under the Civil Service Retirement name of the Senator from Arkansas DEMINT): System. S. 1451. A bill to modernize the air traffic S. 525 (Mr. PRYOR) was added as a cosponsor control system, improve the safety, reli- At the request of Mr. DORGAN, the of S. 823, a bill to amend the Internal ability, and availability of transportation by name of the Senator from Arkansas Revenue Code of 1986 to allow a 5-year air in the United States, provide for mod- (Mrs. LINCOLN) was added as a cospon- carryback of operating losses, and for ernization of the air traffic control system, other purposes. reauthorize the Federal Aviation Adminis- sor of S. 525, a bill to amend the Fed- S. 825 tration, and for other purposes; to the Com- eral Food, Drug, and Cosmetic Act mittee on Commerce, Science, and Transpor- with respect to the importation of pre- At the request of Mrs. LINCOLN, the tation. scription drugs, and for other purposes. name of the Senator from Michigan

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17627

(Ms. STABENOW) was added as a cospon- kota (Mr. JOHNSON) was added as a co- (Mr. NELSON), the Senator from Illinois sor of S. 825, a bill to amend the Inter- sponsor of S. 950, a bill to amend title (Mr. DURBIN) and the Senator from nal Revenue Code of 1986 to restore, in- XVIII of the Social Security Act to au- Alaska (Mr. BEGICH) were added as co- crease, and make permanent the exclu- thorize physical therapists to evaluate sponsors of S. 1273, a bill to amend the sion from gross income for amounts re- and treat Medicare beneficiaries with- Public Health Service Act to provide ceived under qualified group legal serv- out a requirement for a physician re- for the establishment of permanent na- ices plans. ferral, and for other purposes. tional surveillance systems for mul- S. 832 S. 951 tiple sclerosis, Parkinson’s disease, and At the request of Mr. NELSON of Flor- At the request of Mr. NELSON of Flor- other neurological diseases and dis- ida, the name of the Senator from Con- ida, the names of the Senator from orders. necticut (Mr. LIEBERMAN) was added as Michigan (Ms. STABENOW), the Senator S. 1304 a cosponsor of S. 832, a bill to amend from Maryland (Mr. CARDIN), the Sen- At the request of Mr. GRASSLEY, the title 36, United States Code, to grant a ator from New York (Mr. SCHUMER), names of the Senator from Maine (Ms. Federal charter to the Military Offi- the Senator from Michigan (Mr. SNOWE), the Senator from Arkansas cers Association of America, and for LEVIN), the Senator from Louisiana (Mrs. LINCOLN), the Senator from Idaho other purposes. (Ms. LANDRIEU), the Senator from (Mr. CRAPO) and the Senator from S. 864 North Dakota (Mr. DORGAN), the Sen- Idaho (Mr. RISCH) were added as co- At the request of Mr. DORGAN, the ator from West Virginia (Mr. BYRD), sponsors of S. 1304, a bill to restore the name of the Senator from South Da- the Senator from Arkansas (Mr. economic rights of automobile dealers, RYOR kota (Mr. JOHNSON) was added as a co- P ) and the Senator from Maryland and for other purposes. sponsor of S. 864, a bill to amend the (Ms. MIKULSKI) were added as cospon- S. 1415 Internal Revenue Code of 1986 to ex- sors of S. 951, a bill to authorize the At the request of Mr. SCHUMER, the pand tax-free distributions from indi- President, in conjunction with the 40th names of the Senator from Pennsyl- vidual retirement accounts for chari- anniversary of the historic and first vania (Mr. CASEY) and the Senator table purposes. lunar landing by humans in 1969, to from Arkansas (Mr. PRYOR) were added award gold medals on behalf of the as cosponsors of S. 1415, a bill to amend S. 883 United States Congress to Neil A. Arm- the Uniformed and Overseas Citizens At the request of Mr. KERRY, the strong, the first human to walk on the Absentee Voting Act to ensure that ab- name of the Senator from Nevada (Mr. moon; Edwin E. ‘‘Buzz’’ Aldrin, Jr., the sent uniformed services voters and ENSIGN) was added as a cosponsor of S. pilot of the lunar module and second overseas voters are aware of their vot- 883, a bill to require the Secretary of person to walk on the moon; Michael ing rights and have a genuine oppor- the Treasury to mint coins in recogni- Collins, the pilot of their Apollo 11 mis- tunity to register to vote and have tion and celebration of the establish- sion’s command module; and, the first their absentee ballots cast and count- ment of the Medal of Honor in 1861, American to orbit the Earth, John Her- ed, and for other purposes. America’s highest award for valor in schel Glenn, Jr. S. CON. RES. 14 action against an enemy force which S. 1065 At the request of Mrs. LINCOLN, the can be bestowed upon an individual At the request of Mr. BROWNBACK, the name of the Senator from Louisiana serving in the Armed Services of the names of the Senator from Florida (Mr. (Mr. VITTER) was added as a cosponsor United States, to honor the American NELSON) and the Senator from Mary- of S. Con. Res. 14, a concurrent resolu- military men and women who have land (Mr. CARDIN) were added as co- tion supporting the Local Radio Free- been recipients of the Medal of Honor, sponsors of S. 1065, a bill to authorize dom Act. and to promote awareness of what the State and local governments to direct S. RES. 161 Medal of Honor represents and how or- divestiture from, and prevent invest- At the request of Mr. JOHNSON, the dinary Americans, through courage, ment in, companies with investments name of the Senator from Georgia (Mr. sacrifice, selfless service and patriot- of $20,000,000 or more in Iran’s energy ISAKSON) was added as a cosponsor of S. ism, can challenge fate and change the sector, and for other purposes. Res. 161, a resolution recognizing June course of history. S. 1157 2009 as the first National Hereditary S. 889 At the request of Mr. CONRAD, the Hemorrhagic Telangiecstasia (HHT) At the request of Mr. SPECTER, the name of the Senator from Nebraska month, established to increase aware- name of the Senator from Vermont (Mr. JOHANNS) was added as a cospon- ness of HHT, which is a complex ge- (Mr. SANDERS) was added as a cosponsor of S. 1157, a bill to amend title netic blood vessel disorder that affects sor of S. 889, a bill to amend the Agri- XVIII of the Social Security Act to approximately 70,000 people in the cultural Adjustment Act to require the protect and preserve access of Medicare United States. Secretary of Agriculture to determine beneficiaries in rural areas to health AMENDMENT NO. 1478 the price of all milk used for manufac- care providers under the Medicare pro- At the request of Mr. REID, the tured purposes, which shall be classi- gram, and for other purposes. names of the Senator from Maine (Ms. fied as Class II milk, by using the na- S. 1232 COLLINS) and the Senator from North tional average cost of production, and At the request of Mr. DORGAN, the Dakota (Mr. DORGAN) were added as co- for other purposes. name of the Senator from Arkansas sponsors of amendment No. 1478 in- S. 935 (Mrs. LINCOLN) was added as a cospon- tended to be proposed to S. 1390, an At the request of Mr. CONRAD, the sor of S. 1232, a bill to amend the Fed- original bill to authorize appropria- name of the Senator from South Da- eral Food, Drug, and Cosmetic Act tions for fiscal year 2010 for military kota (Mr. JOHNSON) was added as a co- with respect to the importation of pre- activities of the Department of De- sponsor of S. 935, a bill to extend sub- scription drugs, and for other purposes. fense, for military construction, and sections (c) and (d) of section 114 of the S. 1253 for defense activities of the Depart- Medicare, Medicaid, and SCHIP Exten- At the request of Mr. CORKER, the ment of Energy, to prescribe military sion Act of 2007 (Public Law 110–173) to names of the Senator from North Caro- personnel strengths for such fiscal provide for regulatory stability during lina (Mr. BURR) and the Senator from year, and for other purposes. the development of facility and patient Arkansas (Mrs. LINCOLN) were added as AMENDMENT NO. 1480 criteria for long-term care hospitals cosponsors of S. 1253, a bill to address At the request of Mr. REID, the name under the Medicare program, and for reimbursement of certain costs to of the Senator from Nevada (Mr. EN- other purposes. automobile dealers. SIGN) was added as a cosponsor of S. 950 S. 1273 amendment No. 1480 intended to be pro- At the request of Mrs. LINCOLN, the At the request of Mr. DORGAN, the posed to S. 1390, an original bill to au- name of the Senator from South Da- names of the Senator from Nebraska thorize appropriations for fiscal year

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17628 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 2010 for military activities of the De- orado, Wyoming and Utah, the Navajo AMENDMENTS SUBMITTED AND partment of Defense, for military con- Nation, the Jicarilla Apache Nation, PROPOSED struction, and for defense activities of the Southern Ute Tribe, and the Ute SA 1505. Mr. JOHANNS submitted an the Department of Energy, to prescribe Mountain Tribe. Other water users, amendment intended to be proposed by him military personnel strengths for such power customers and environmental to the bill S. 1390, to authorize appropria- fiscal year, and for other purposes. organizations are also active partici- tions for fiscal year 2010 for military activi- AMENDMENT NO. 1487 pants in the programs. The Fish and ties of the Department of Defense, for mili- Wildlife Service, the Bureau of Rec- tary construction, and for defense activities At the request of Mrs. LINCOLN, the of the Department of Energy, to prescribe names of the Senator from Colorado lamation, the National Park Service and Western Area Power Administra- military personnel strengths for such fiscal (Mr. UDALL) and the Senator from year, and for other purposes; which was or- Maine (Ms. SNOWE) were added as co- tion also participate in the programs. dered to lie on the table. sponsors of amendment No. 1487 in- All of the partners contribute signifi- SA 1506. Mrs. SHAHEEN (for herself and tended to be proposed to S. 1390, an cantly to the success of the programs. Mr. JOHANNS) submitted an amendment in- Since 2000, the Bureau of Reclama- original bill to authorize appropria- tended to be proposed by her to the bill S. tion has been authorized to utilize rev- 1390, supra; which was ordered to lie on the tions for fiscal year 2010 for military enues generated from Colorado River table. activities of the Department of De- Storage Project Act projects as base SA 1507. Mr. ALEXANDER (for himself, fense, for military construction, and funding for operation and maintenance Mr. BENNETT, Mr. CORNYN, Mr. ROBERTS, and for defense activities of the Depart- of capital projects, monitoring and re- Mr. KYL) submitted an amendment intended ment of Energy, to prescribe military to be proposed by him to the bill S. 1390, search to evaluate the need for, and ef- personnel strengths for such fiscal supra; which was ordered to lie on the table. fectiveness of, any recovery action, and year, and for other purposes. SA 1508. Mr. AKAKA (for himself, Ms. COL- for general program management. This LINS, Mr. LIEBERMAN, Mr. VOINOVICH, Ms. AMENDMENT NO. 1491 bill extends the Bureau of Reclama- MURKOWSKI, Mr. BEGICH, Mr. KOHL, Ms. MI- At the request of Mr. PRYOR, the tion’s authority to provide annual base KULSKI, Mr. CARDIN, Mr. INOUYE, Mr. WEBB, name of the Senator from Maine (Ms. funding for the programs through 2023 and Mr. WARNER) submitted an amendment SNOWE) was added as a cosponsor of which coincides with the term of the intended to be proposed by him to the bill S. amendment No. 1491 intended to be pro- existing Cooperative Agreements for 1390, supra; which was ordered to lie on the posed to S. 1390, an original bill to au- table. the recovery programs and the ex- SA 1509. Mr. ISAKSON submitted an thorize appropriations for fiscal year pected date of recovery for certain spe- amendment intended to be proposed by him 2010 for military activities of the De- cies covered by the programs. The an- to the bill S. 1390, supra; which was ordered partment of Defense, for military con- nual base funding contributes signifi- to lie on the table. struction, and for defense activities of cantly to the successful implementa- SA 1510. Mr. THUNE (for himself and Mr. the Department of Energy, to prescribe tion of the recovery actions in both JOHANNS) submitted an amendment intended military personnel strengths for such programs. to be proposed by him to the bill S. 1390, fiscal year, and for other purposes. Currently the Bureau of Reclama- supra; which was ordered to lie on the table. tion’s ability to use such funding will SA 1511. Mr. LEAHY (for himself, Ms. COL- f LINS, Mr. KENNEDY, Ms. SNOWE, Mr. LEVIN, expire in 2011. If the expiration date is Mrs. FEINSTEIN, Mr. SCHUMER, Mr. DURBIN, STATEMENTS ON INTRODUCED not extended, the annual base funding Mr. CARDIN, Mr. WHITEHOUSE, Ms. KLO- BILLS AND JOINT RESOLUTIONS will be significantly reduced which BUCHAR, Mr. SPECTER, Mr. FRANKEN, Ms. MI- By Mr. BINGAMAN (for himself, would likely delay or impede the suc- KULSKI, Mr. MERKLEY, Mrs. GILLIBRAND, Mr. Mr. UDALL of New Mexico, Mr. cess of the recovery programs. The MENENDEZ, Mrs. SHAHEEN, Mr. KERRY, Mr. UDALL of Colorado, Mr. DODD, Mr. HARKIN, UDALL of Colorado, Mr. BENNET, original authorizing legislation has Mr. WYDEN, Mr. CASEY, Ms. CANTWELL, Mr. Mr. BENNETT, and Mr. HATCH): been extended most recently through Section 9107 of the Omnibus Public LAUTENBERG, Mr. LIEBERMAN, Mrs. BOXER, S. 1453. A bill to amend Public Law Mr. BROWN, Mr. AKAKA, Mr. SANDERS, Mrs. Land Management Act of 2009, P.L. 111– 106–392 to maintain annual base fund- MURRAY, Mr. REED, Mr. BINGAMAN, Mr. ing for the Bureau of Reclamation for 11, and the amendments proposed by KAUFMAN, Mr. INOUYE, Ms. STABENOW, and the Upper Colorado River and San Juan this bill would ensure that the Bureau Mr. REID) submitted an amendment intended fish recovery programs through fiscal of Reclamation’s authorization for base to be proposed by him to the bill S. 1390, year 2023; to the Committee on Energy funding coincides with the other au- supra; which was ordered to lie on the table. SA 1512. Mr. DORGAN submitted an and Natural Resources. thorizing provisions in P.L. 106–392. I hope my colleagues will work with amendment intended to be proposed by him Mr. BINGAMAN. Mr. President, me and the bi-partisan group of cospon- to the bill S. 1390, supra; which was ordered today I am pleased to introduce the sors to help ensure that the recovery to lie on the table. Bureau of Reclamation Fish Recovery SA 1513. Mrs. LINCOLN (for herself, Mr. goals of the San Juan and Upper Colo- Programs Reauthorization Act of 2009 BYRD, Ms. LANDRIEU, and Mr. TESTER) sub- rado River Basin Recovery Programs with my colleagues Senator UDALL of mitted an amendment intended to be pro- can continue to be met. I therefore New Mexico, Senator UDALL of Colo- posed by her to the bill S. 1390, supra; which urge my colleagues to support this leg- was ordered to lie on the table. rado, Senator BENNET, Senator BEN- islation. SA 1514. Mr. SANDERS (for himself and NETT ATCH , and Senator H . This bill will Mr. President, I ask unanimous con- Mrs. LINCOLN) submitted an amendment in- extend the Bureau of Reclamation’s au- sent that the text of the bill be printed tended to be proposed by him to the bill S. thorization to provide cost sharing for in the RECORD. 1390, supra; which was ordered to lie on the capital construction and annual oper- There being no objection, the text of table. ations from 2011 through 2023 for the the bill was ordered to be printed in SA 1515. Mr. NELSON of Florida submitted an amendment intended to be proposed by Upper Colorado and San Juan River the RECORD, as follows: Basin endangered fish recovery pro- him to the bill S. 1390, supra; which was or- S. 1453 dered to lie on the table. grams. Be it enacted by the Senate and House of Rep- SA 1516. Mr. CASEY (for himself, Mr. The programs have the dual goals of resentatives of the United States of America in BROWN, Mr. SCHUMER, Mrs. GILLIBRAND, Ms. recovering federally listed endangered Congress assembled, MIKULSKI, and Mrs. MURRAY) submitted an fish species in the Upper Colorado SECTION 1. SHORT TITLE. amendment intended to be proposed by him River basin while allowing water devel- This Act may be cited as the ‘‘Bureau of to the bill S. 1390, supra; which was ordered opment and management activities to Reclamation Fish Recovery Programs Reau- to lie on the table. proceed in compliance with state laws, thorization Act of 2009’’. SA 1517. Mr. BUNNING submitted an amendment intended to be proposed by him interstate compacts and the federal SEC. 2. REAUTHORIZATION OF BASE FUNDING FOR FISH RECOVERY PROGRAMS. to the bill S. 1390, supra; which was ordered Endangered Species Act. The programs Section 3(d)(2) of Public Law 106–392 (114 to lie on the table. have substantial support from the Stat. 1602) is amended in the fourth sentence SA 1518. Mr. BURR submitted an amend- Upper Basin states of New Mexico, Col- by striking ‘‘2011’’ and inserting ‘‘2023’’. ment intended to be proposed by him to the

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17629

bill S. 1390, supra; which was ordered to lie SA 1536. Mr. MARTINEZ submitted an ‘‘(2) DESIGN.—In establishing the program on the table. amendment intended to be proposed by him under paragraph (1), the Office for Reintegra- SA 1519. Mr. BURR (for himself and Mrs. to the bill S. 1390, supra; which was ordered tion Programs shall consult with— HAGAN) submitted an amendment intended to lie on the table. ‘‘(A) persons that have experience and ex- to be proposed by him to the bill S. 1390, SA 1537. Mr. MARTINEZ (for himself and pertise with combining military and civilian supra; which was ordered to lie on the table. Mr. INHOFE) submitted an amendment in- intervention strategies that reduce risk and SA 1520. Mr. BURR submitted an amend- tended to be proposed by him to the bill S. promote healing after a suicide attempt or ment intended to be proposed by him to the 1390, supra; which was ordered to lie on the suicide death for National Guard and Re- bill S. 1390, supra; which was ordered to lie table. serve members; and on the table. SA 1538. Mr. UDALL of New Mexico sub- ‘‘(B) the adjutant general of each State, SA 1521. Mr. ENSIGN (for himself and Mr. mitted an amendment intended to be pro- the Commonwealth of Puerto Rico, the Dis- BROWN) submitted an amendment intended posed by him to the bill S. 1390, supra; which trict of Columbia, Guam, and the Virgin Is- to be proposed by him to the bill S. 1390, was ordered to lie on the table. lands. supra; which was ordered to lie on the table. f ‘‘(3) OPERATION.— SA 1522. Mr. AKAKA (for himself, Ms. COL- ‘‘(A) SUICIDE PREVENTION TRAINING.—The LINS, Mr. LIEBERMAN, Mr. VOINOVICH, Ms. TEXT OF AMENDMENTS Office for Reintegration Programs shall pro- MURKOWSKI, Mr. BEGICH, Mr. KOHL, Ms. MI- SA 1505. Mr. JOHANNS submitted an vide National Guard and Reserve members KULSKI, Mr. CARDIN, Mr. INOUYE, Mr. WEBB, amendment intended to be proposed by with training in suicide prevention. Such and Mr. WARNER) submitted an amendment him to the bill S. 1390, to authorize ap- training shall include— intended to be proposed by him to the bill S. propriations for fiscal year 2010 for ‘‘(i) describing the warning signs for sui- 1390, supra; which was ordered to lie on the cide and teaching effective strategies for pre- table. military activities of the Department vention and intervention; SA 1523. Ms. COLLINS (for herself, Mr. of Defense, for military construction, ‘‘(ii) examining the influence of military VOINOVICH, and Mr. KOHL) submitted an and for defense activities of the De- culture on risk and protective factors for amendment intended to be proposed by her partment of Energy, to prescribe mili- suicide; and to the bill S. 1390, supra; which was ordered tary personnel strengths for such fiscal ‘‘(iii) engaging in interactive case sce- to lie on the table. year, and for other purposes; which was narios and role plays to practice effective SA 1524. Mr. DORGAN submitted an ordered to lie on the table; as follows: intervention strategies. amendment intended to be proposed by him ‘‘(B) COMMUNITY HEALING AND RESPONSE At the appropriate place, insert the fol- to the bill S. 1390, supra; which was ordered TRAINING.—The Office for Reintegration Pro- to lie on the table. lowing: grams shall provide the families and commu- SA 1525. Mr. ISAKSON (for himself and Mr. SEC. lll. CONGRESSIONAL APPROVAL OF CER- nities of National Guard and Reserve mem- TAIN TARP EXPENDITURES. CHAMBLISS) submitted an amendment in- bers with training in responses to suicide tended to be proposed by him to the bill S. Notwithstanding any other provision of that promote individual and community 1390, supra; which was ordered to lie on the law, including any provision of the Emer- healing. Such training shall include— table. gency Economic Stabilization Act of 2008, no ‘‘(i) enhancing collaboration among com- SA 1526. Mr. FEINGOLD (for himself, Ms. funds may be disbursed or otherwise obli- munity members and local service providers MURKOWSKI, Mrs. LINCOLN, and Mr. BURRIS) gated under that Act to any entity, if such to create an integrated, coordinated commu- submitted an amendment intended to be pro- disbursement would result in the Federal nity response to suicide; posed by him to the bill S. 1390, supra; which Government acquiring any ownership of the ‘‘(ii) communicating best practices for pre- was ordered to lie on the table. common or preferred stock of the entity re- venting suicide, including safe messaging, SA 1527. Mr. FEINGOLD (for himself and ceiving such funds, unless the Congress first appropriate memorial services, and media Mr. WYDEN) submitted an amendment in- approves of such disbursement or obligation. guidelines; tended to be proposed by him to the bill S. ‘‘(iii) addressing the impact of suicide on 1390, supra; which was ordered to lie on the SA 1506. Mrs. SHAHEEN (for herself the military and the larger community, and table. and Mr. JOHANNS) submitted an amend- the increased risk that can result; and SA 1528. Mr. LIEBERMAN (for himself, Mr. ment intended to be proposed by her to ‘‘(iv) managing resources to assist key GRAHAM, Mr. BEGICH, Mr. CORNYN, Mrs. the bill S. 1390, to authorize appropria- community and military service providers in HUTCHISON, and Mr. THUNE) submitted an tions for fiscal year 2010 for military helping the families, friends, and fellow sol- amendment intended to be proposed by him activities of the Department of De- diers of a suicide victim through the proc- to the bill S. 1390, supra; which was ordered fense, for military construction, and esses of grieving and healing. to lie on the table. for defense activities of the Depart- ‘‘(C) COLLABORATION WITH CENTERS OF EX- SA 1529. Mr. INHOFE submitted an amend- CELLENCE.—The Office for Reintegration Pro- ment intended to be proposed by him to the ment of Energy, to prescribe military grams, in consultation with the Defense Cen- bill S. 1390, supra; which was ordered to lie personnel strengths for such fiscal ters of Excellence for Psychological Health on the table. year, and for other purposes; which was and Traumatic Brain Injury, shall collect SA 1530. Mrs. LINCOLN (for herself and ordered to lie on the table; as follows: and analyze ‘lessons learned’ and suggestions Mrs. HUTCHISON) submitted an amendment On page 161, after line 23, add the fol- from State National Guard and Reserve or- intended to be proposed by her to the bill S. lowing: ganizations with existing or developing sui- 1390, supra; which was ordered to lie on the SEC. 557. EXPANSION OF SUICIDE PREVENTION cide prevention and community response table. AND COMMUNITY HEALING AND RE- programs.’’. SA 1531. Mr. SESSIONS submitted an SPONSE TRAINING UNDER THE YEL- amendment intended to be proposed by him LOW RIBBON REINTEGRATION PRO- SA 1507. Mr. ALEXANDER (for him- to the bill S. 1390, supra; which was ordered GRAM. self, Mr. BENNETT, Mr. CORNYN, Mr. to lie on the table. Section 582 of the National Defense Au- ROBERTS, and Mr. KYL) submitted an SA 1532. Mr. SESSIONS submitted an thorization Act for Fiscal Year 2008 (Public amendment intended to be proposed by amendment intended to be proposed by him Law 110–181; 10 U.S.C. 10101 note) is amend- him to the bill S. 1390, to authorize ap- ed— to the bill S. 1390, supra; which was ordered propriations for fiscal year 2010 for to lie on the table. (1) in subsection (h)— SA 1533. Mr. SESSIONS submitted an (A) by striking paragraph (3); and military activities of the Department amendment intended to be proposed by him (B) by redesignating paragraphs (4) of Defense, for military construction, to the bill S. 1390, supra; which was ordered through (15) as paragraphs (3) through (14), and for defense activities of the De- to lie on the table. respectively; and partment of Energy, to prescribe mili- SA 1534. Mr. VOINOVICH (for himself, Mr. (2) by adding at the end the following new tary personnel strengths for such fiscal LEAHY, Mr. BOND, Mr. BENNETT, Mr. BYRD, subsection: year, and for other purposes; which was Mr. COCHRAN, Mr. CRAPO, Mr. DORGAN, Ms. ‘‘(i) SUICIDE PREVENTION AND COMMUNITY ordered to lie on the table; as follows: MURKOWSKI, Mr. RISCH, Mr. ROCKEFELLER, HEALING AND RESPONSE PROGRAM.— At the end of title X, add the following: and Mrs. SHAHEEN) submitted an amendment ‘‘(1) ESTABLISHMENT.—As part of the Yel- low Ribbon Reintegration Program, the Of- SEC. 1083. RESTRICTIONS ON TARP EXPENDI- intended to be proposed by him to the bill S. TURES FOR AUTOMOBILE MANUFAC- 1390, supra; which was ordered to lie on the fice for Reintegration Programs shall estab- TURERS; FIDUCIARY DUTY TO TAX- table. lish a program to provide National Guard PAYERS; REQUIRED ISSUANCE OF SA 1535. Mr. MARTINEZ submitted an and Reserve members, their families, and COMMON STOCK TO TAXPAYERS. amendment intended to be proposed by him their communities with training in suicide (a) SHORT TITLE.—This section may be to the bill S. 1390, supra; which was ordered prevention and community healing and re- cited as the ‘‘Auto Stock for Every Taxpayer to lie on the table. sponse to suicide. Act’’.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17630 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 (b) PROHIBITION ON FURTHER TARP Department of Defense, for military (b) APPLICABILITY.—The amendment made FUNDS.—Notwithstanding any provision of construction, and for defense activities by subsection (a) shall be effective with re- the Emergency Economic Stabilization Act of the Department of Energy, to pre- spect to any annuity, entitlement to which of 2008 (12 U.S.C. 5201 et seq.) or any other scribe military personnel strengths for is based on a separation from service occur- provision of law, the Secretary may not ex- ring on or after the date of enactment of this pend or obligate any funds made available such fiscal year, and for other pur- Act. under that Act on or after the date of enact- poses; which was ordered to lie on the SEC. 1124. AUTHORITY TO DEPOSIT REFUNDS ment of this Act with respect to any des- table; as follows: UNDER FERS. ignated automobile manufacturer. At the end of title XI of division A, insert (a) DEPOSIT AUTHORITY.—Section 8422 of (c) FIDUCIARY DUTY TO SHAREHOLDERS.— the following: title 5, United States Code, is amended by With respect to any designated automobile Subtitle B—Federal Employee Retirement- adding at the end the following: manufacturer, the Secretary, and the des- Related Provisions ‘‘(i)(1) Each employee or Member who has ignee of the Secretary who is responsible for received a refund of retirement deductions SEC. 1121. CREDIT FOR UNUSED SICK LEAVE. the exercise of shareholder voting rights under this or any other retirement system (a) IN GENERAL.—Section 8415 of title 5, with respect to a designated automobile United States Code, is amended— established for employees of the Government manufacturer pursuant to assistance pro- (1) by redesignating the second subsection covering service for which such employee or vided under title I of the Emergency Eco- (k) and subsection (l) as subsections (l) and Member may be allowed credit under this nomic Stabilization Act of 2008 (12 U.S.C. (m), respectively; and chapter may deposit the amount received, 5201 et seq.), shall have a fiduciary duty to (2) in subsection (l) (as so redesignated by with interest. Credit may not be allowed for each eligible taxpayer for the maximization the service covered by the refund until the of the return on the investment of the tax- paragraph (1))— (A) by striking ‘‘(l) In computing’’ and in- deposit is made. payer under that Act, in the same manner, ‘‘(2) Interest under this subsection shall be serting ‘‘(l)(1) In computing’’; and and to the same extent that any director of computed in accordance with paragraphs (2) an issuer of securities has with respect to its (B) by adding at the end the following: ‘‘(2) Except as provided in paragraph (1), in and (3) of section 8334(e) and regulations pre- shareholders under the securities laws and computing an annuity under this subchapter, scribed by the Office. The option under the all applicable provisions of State law. the total service of an employee who retires third sentence of section 8334(e)(2) to make a (d) REQUIRED ISSUANCE OF COMMON STOCK on an immediate annuity or who dies leaving deposit in one or more installments shall TO ELIGIBLE TAXPAYERS.—Not later than 1 a survivor or survivors entitled to annuity apply to deposits under this subsection. year after the emergence of any designated ‘‘(3) For the purpose of survivor annuities, includes the days of unused sick leave to his automobile manufacturer from bankruptcy deposits authorized by this subsection may credit under a formal leave system and for protection described in subsection (f)(1)(B), also be made by a survivor of an employee or the Secretary shall direct the designated which days the employee has not received payment, except that these days will not be Member.’’. automobile manufacturer to issue through (b) TECHNICAL AND CONFORMING AMEND- counted in determining average pay or annu- the Secretary a certificate of common stock MENTS.— ity eligibility under this subchapter. For to each eligible taxpayer, which shall rep- (1) DEFINITIONAL AMENDMENT.—Section purposes of this subsection, in the case of resent such taxpayer’s per capita share of 8401(19)(C) of title 5, United States Code, is any such employee who is excepted from sub- the aggregate common stock holdings of the amended by striking ‘‘8411(f);’’ and inserting chapter I of chapter 63 under section United States Government in the designated ‘‘8411(f) or 8422(i);’’. 6301(2)(x) through (xiii), the days of unused automobile manufacturer on such date. (2) CREDITING OF DEPOSITS.—Section 8422(c) sick leave to his credit include any unused (e) CIVIL ACTIONS AUTHORIZED.—A person of title 5, United States Code, is amended by sick leave standing to his credit when he was who is aggrieved of a violation of the fidu- adding at the end the following: ‘‘Deposits excepted from such subchapter.’’. ciary duty established under subsection (c) made by an employee, Member, or survivor (b) EXCEPTION FROM DEPOSIT REQUIRE- may bring a civil action in an appropriate also shall be credited to the Fund.’’. MENT.—Section 8422(d)(2) of title 5, United United States district court to obtain in- (3) SECTION HEADING.—(A) The heading for junctive or other equitable relief relating to States Code, is amended by striking ‘‘section 8415(k)’’ and inserting ‘‘paragraph (1) or (2) of section 8422 of title 5, United States Code, is the violation. amended to read as follows: (f) DEFINITIONS.—As used in this section— section 8415(l)’’. (1) the term ‘‘designated automobile manu- (c) EFFECTIVE DATE.—The amendments ‘‘§ 8422. Deductions from pay; contributions facturer’’ means an entity organized under made by this section shall apply with respect for other service; deposits’’. the laws of a State, the primary business of to annuities computed based on separations (B) The analysis for chapter 84 of title 5, which is the manufacture of automobiles, occurring on or after the date of enactment United States Code, is amended by striking and any affiliate thereof, if such automobile of this Act. the item relating to section 8422 and insert- manufacturer— SEC. 1122. LIMITED EXPANSION OF THE CLASS OF ing the following: (A) has received funds under the Emer- INDIVIDUALS ELIGIBLE TO RECEIVE ‘‘8422. Deductions from pay; contributions AN ACTUARIALLY REDUCED ANNU- for other service; deposits.’’. gency Economic Stabilization Act of 2008 (12 ITY UNDER THE CIVIL SERVICE RE- U.S.C. 5201 et seq.), or funds were obligated TIREMENT SYSTEM. (4) RESTORATION OF ANNUITY RIGHTS.—The under that Act, before the date of enactment (a) IN GENERAL.—Section 8334(d)(2)(A)(i) of last sentence of section 8424(a) of title 5, of this Act; and title 5, United States Code, is amended by United States Code, is amended by striking (B) has filed for bankruptcy protection striking ‘‘October 1, 1990’’ each place it ap- ‘‘based.’’ and inserting ‘‘based, until the em- under chapter 11 of title 11, United States pears and inserting ‘‘March 1, 1991’’. ployee or Member is reemployed in the serv- Code, during the 90-day period preceding the (b) APPLICABILITY.—The amendment made ice subject to this chapter.’’. date of enactment of this Act; by subsection (a) shall be effective with re- SEC. 1125. RETIREMENT CREDIT FOR SERVICE OF (2) the term ‘‘eligible taxpayer’’ means any spect to any annuity, entitlement to which CERTAIN EMPLOYEES TRANS- individual taxpayer who filed a Federal tax- is based on a separation from service occur- FERRED FROM DISTRICT OF COLUM- able return for taxable year 2008 (including ring on or after the date of enactment of this BIA SERVICE TO FEDERAL SERVICE. any joint return) not later than the due date Act. (a) RETIREMENT CREDIT.— for such return (including any extension); SEC. 1123. COMPUTATION OF CERTAIN ANNU- (1) IN GENERAL.—Any individual who is (3) the term ‘‘Secretary’’ means the Sec- ITIES BASED ON PART-TIME SERV- treated as an employee of the Federal Gov- retary of the Treasury or the designee of the ICE. ernment for purposes of chapter 83 or chap- Secretary; and (a) IN GENERAL.—Section 8339(p) of title 5, ter 84 of title 5, United States Code, on or (4) the terms ‘‘director’’, ‘‘issuer’’, ‘‘securi- United States Code, is amended by adding at after the date of enactment of this Act who ties’’, and ‘‘securities laws’’ have the same the end the following: performed qualifying District of Columbia meanings as in section 3 of the Securities ‘‘(3) In the administration of paragraph service shall be entitled to have such service Exchange Act of 1934 (15 U.S.C. 78c). (1)— included in calculating the individual’s cred- ‘‘(A) subparagraph (A) of such paragraph itable service under sections 8332 or 8411 of SA 1508. Mr. AKAKA (for himself, Ms. shall apply with respect to service performed title 5, United States Code, but only for pur- COLLINS, Mr. LIEBERMAN, Mr. VOINO- before, on, or after April 7, 1986; and poses of the following provisions of such VICH, Ms. MURKOWSKI, Mr. BEGICH, Mr. ‘‘(B) subparagraph (B) of such paragraph— title: KOHL, Ms. MIKULSKI, Mr. CARDIN, Mr. ‘‘(i) shall apply with respect to that por- (A) Sections 8333 and 8410 (relating to eligi- tion of any annuity which is attributable to bility for annuity). INOUYE, Mr. WEBB, and Mr. WARNER) service performed on or after April 7, 1986; (B) Sections 8336 (other than subsections submitted an amendment intended to and (d), (h), and (p) thereof) and 8412 (relating to be proposed by him to the bill S. 1390, ‘‘(ii) shall not apply with respect to that immediate retirement). to authorize appropriations for fiscal portion of any annuity which is attributable (C) Sections 8338 and 8413 (relating to de- year 2010 for military activities of the to service performed before April 7, 1986.’’. ferred retirement).

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17631 (D) Sections 8336(d), 8336(h), 8336(p), and (A) which was performed prior to the effec- lumbia shall provide for the coverage of cov- 8414 (relating to early retirement). tive date of the individual’s coverage as an ered employees in the District of Columbia (E) Section 8341 and subchapter IV of chap- employee of the Federal Government; and Police and Fire Fighter Retirement and Dis- ter 84 (relating to survivor annuities). (B) for which the individual did not ever ability System in accordance with this sec- (F) Section 8337 and subchapter V of chap- receive credit under the provisions of sub- tion. ter 84 (relating to disability benefits). chapter III of chapter 83 or chapter 84 of title (B) THRIFT SAVINGS PLAN.—A covered em- (2) TREATMENT OF DETENTION OFFICER SERV- 5, United States Code (other than by virtue ployee shall forfeit, under procedures pre- ICE AS LAW ENFORCEMENT OFFICER SERVICE.— of section 8331(1)(iv) of such title). scribed by the Executive Director of the Fed- Any portion of an individual’s qualifying (c) CERTIFICATION OF SERVICE.—The Office eral Retirement Thrift Investment Board, all District of Columbia service which consisted of Personnel Management shall accept the Thrift Savings Plan contributions and asso- of service as a detention officer under sec- certification of the appropriate personnel of- ciated earnings made by an employing agen- tion 2604(2) of the District of Columbia Gov- ficial of the government of the District of cy pursuant to section 8432(c) of title 5, ernment Comprehensive Merit Personnel Act Columbia or other independent employing United States Code. Any amounts remaining of 1978 (sec. 1–626.04(2), D.C. Official Code) entity concerning whether an individual per- in the Thrift Savings Plan account of the shall be treated as service as a law enforce- formed qualifying District of Columbia serv- covered employee may be transferred to a ment officer under sections 8331(20) or ice and the length of the period of such serv- private account or the District of Columbia 8401(17) of title 5, United States Code, for ice the individual performed. Police and Firefighter Retirement and Dis- purposes of applying paragraph (1) with re- SEC. 1126. RETIREMENT TREATMENT OF CER- ability System. spect to the individual. TAIN SECRET SERVICE EMPLOYEES. (C) FORFEITURE OF SOCIAL SECURITY BENE- (3) SERVICE NOT INCLUDED IN COMPUTING (a) DEFINITION.—In this section the term FITS.— AMOUNT OF ANY ANNUITY.—Qualifying Dis- ‘‘covered employee’’ means an individual (i) CONTRIBUTIONS.—Upon conversion into trict of Columbia service shall not be taken who— the Civil Service Retirement System, a cov- into account for purposes of computing the (1) was hired as a member of the United ered employee shall forfeit all contributions amount of any benefit payable out of the States Secret Service Division during the pe- made under title II of the Social Security Civil Service Retirement and Disability riod beginning on January 1, 1984 through Act while employed by the United States Se- Fund. December 31, 1986; cret Service. All forfeited funds shall remain (b) QUALIFYING DISTRICT OF COLUMBIA (2) has actively performed duties other in the Federal Old-Age and Survivors Insur- SERVICE DEFINED.—In this section, ‘‘quali- than clerical for 10 or more years directly re- ance Trust Fund and the Federal Disability fying District of Columbia service’’ means lated to the protection mission of the United Insurance Trust Fund, as applicable . any of the following: States Secret Service described under sec- (ii) BENEFITS.—A covered employee shall (1) Service performed by an individual as a tion 3056 of title 18, United States Code; not be entitled to any benefit based on any nonjudicial employee of the District of Co- contribution forfeited under clause (i). lumbia courts— (3) is serving as a member of the United States Secret Service Division or the United (3) IMPLEMENT.—The Office of Personnel (A) which was performed prior to the effec- Management, the Department of Homeland tive date of the amendments made by section States Secret Service Uniform Division (or any successor entity) on the effective date of Security, the Social Security Administra- 11246(b) of the Balanced Budget Act of 1997; tion, and the Thrift Savings Board shall take and this section; and (4) files an election to be a covered em- such actions as necessary to provide for the (B) for which the individual did not ever implementation of this section. receive credit under the provisions of sub- ployee under subsection (b)(1). (b) ELECTION OF COVERAGE.— (d) EFFECTIVE DATE.— chapter III of chapter 83 or chapter 84 of title (1) IN GENERAL.—Except as provided under 5, United States Code (other than by virtue (1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, an paragraph (2), this section shall take effect of section 8331(1)(iv) of such title). on the first day of the first applicable pay (2) Service performed by an individual as individual described under subsection (a)(1), (2), and (3) may file an election with the period that begins 180 days after the date of an employee of an entity of the District of enactment of this Act. Columbia government whose functions were United States Secret Service to be a covered employee and to transition to the District of (2) ELECTIONS AND IMPLEMENTATION.—Sub- transferred to the Pretrial Services, Parole, sections (b) and (c)(1) and (3) shall take ef- Adult Supervision, and Offender Supervision Columbia Police and Fire Fighter Retire- fect on the date of enactment of this Act. Trustee under section 11232 of the Balanced ment and Disability System. Budget Act of 1997— (2) NOTIFICATION.—Not later than 30 days Subtitle C—Non-Foreign Area Retirement (A) which was performed prior to the effec- after the date of enactment of this Act, the Equity Assurance tive date of the individual’s coverage as an Office of Personnel Management and the SEC. 1141. SHORT TITLE. employee of the Federal Government under United States Secret Service shall notify This subtitle may be cited as the ‘‘Non- section 11232(f) of such Act; and each individual described under subsection Foreign Area Retirement Equity Assurance (B) for which the individual did not ever (a)(1), (2), and (3) that the individual is quali- Act of 2009’’ or the ‘‘Non-Foreign AREA Act receive credit under the provisions of sub- fied to file an election under paragraph (1). of 2009’’. chapter III of chapter 83 or chapter 84 of title (c) RETIREMENT COVERAGE CONVERSION.— SEC. 1142. EXTENSION OF LOCALITY PAY. 5, United States Code (other than by virtue (1) IN GENERAL.—Not later than 180 days (a) LOCALITY-BASED COMPARABILITY PAY- of section 8331(1)(iv) of such title). after the date of enactment of this Act, and MENTS.—Section 5304 of title 5, United States (3) Service performed by an individual as in consultation with the Secretary of Home- Code, is amended— an employee of the District of Columbia land Security and the Thrift Savings Board, (1) in subsection (f)(1), by striking subpara- Public Defender Service— the Office of Personnel Management shall graph (A) and inserting the following: (A) which was performed prior to the effec- prescribe regulations to carry out the re- ‘‘(A) each General Schedule position in the tive date of the amendments made by section sponsibilities of the Federal Government United States, as defined under section 7(e) of the District of Columbia Courts and under this section. The regulations pre- 5921(4), and its territories and possessions, Justice Technical Corrections Act of 1998; scribed under this paragraph shall provide including the Commonwealth of Puerto Rico and for transition of covered employees from the and the Commonwealth of the Northern Mar- (B) for which the individual did not ever Federal Employees’ Retirement System to iana Islands, shall be included within a pay receive credit under the provisions of sub- the Civil Service Retirement System. locality;’’; chapter III of chapter 83 or chapter 84 of title (2) TREATMENT OF COVERED EMPLOYEES.— (2) in subsection (g)— 5, United States Code (other than by virtue (A) ELECTION OF COVERAGE.— (A) in paragraph (2)— of section 8331(1)(iv) of such title). (i) IN GENERAL.—If a covered employee files (i) in subparagraph (A), by striking ‘‘and’’ (4) In the case of an individual who was an an election under subsection (b)(1), the cov- after the semicolon; employee of the District of Columbia Depart- ered employee shall, subject to clause (ii), be (ii) in subparagraph (B) by striking the pe- ment of Corrections who was separated from converted from the Federal Employees’ Re- riod and inserting ‘‘; and’’; and service as a result of the closing of the tirement System to the Civil Service Retire- (iii) by adding after subparagraph (B) the Lorton Correctional Complex and who was ment System. following: appointed to a position with the Bureau of (ii) COVERAGE IN DISTRICT OF COLUMBIA RE- ‘‘(C) positions under subsection (h)(1)(C) Prisons, the District of Columbia courts, the TIREMENT SYSTEM.— not covered by appraisal systems certified Pretrial Services, Parole, Adult Supervision, (I) IN GENERAL.—Chapter 7 of title 5 of the under section 5382; and’’; and and Offender Supervision Trustee, the United District of Columbia Code shall apply with (B) by adding at the end the following: States Parole Commission, or the District of respect to a covered employee on the date on ‘‘(3) The applicable maximum under this Columbia Public Defender Service, service which the covered employee transitions to subsection shall be level II of the Executive performed by the individual as an employee the Civil Service Retirement System. Schedule for positions under subsection of the District of Columbia Department of (II) AUTHORIZATION FOR DISTRICT OF COLUM- (h)(1)(C) covered by appraisal systems cer- Corrections— BIA.—The government of the District of Co- tified under section 5307(d).’’; and

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17632 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 (3) in subsection (h)(1)— plicable special rate of pay under section 5305 (2) in calendar year 2012 and each subse- (A) in subparagraph (B) by striking ‘‘and’’ or similar provision of law).’’. quent year, no employee shall receive less after the semicolon; SEC. 1143. ADJUSTMENT OF SPECIAL RATES. than the Rest of the U.S. locality pay rate; (B) by redesignating subparagraph (C) as (3) concurrent with the surveys next con- (a) IN GENERAL.—Each special rate of pay subparagraph (D); established under section 5305 of title 5, ducted under the provisions of section (C) by inserting after subparagraph (B) the United States Code, and payable in an area 5304(d)(1)(A) of title 5, United States Code, beginning after the date of the enactment of following: designated as a cost-of-living allowance area this Act, the Bureau of Labor Statistics ‘‘(C) a Senior Executive Service position under section 5941(a) of that title, shall be should conduct separate surveys to deter- under section 3132 or 3151 or a senior level adjusted, on the dates prescribed by section mine the extent of any pay disparity (as de- position under section 5376 stationed within 1144 of this subtitle, in accordance with regu- fined by section 5302 of that title) that may the United States, but outside the 48 contig- lations prescribed by the Director of the Of- exist with respect to positions located in the uous States and the District of Columbia in fice of Personnel Management under section State of Alaska, the State of Hawaii, and the which the incumbent was an individual who 1148 of this subtitle. on the day before the date of enactment of United States territories, including Amer- (b) AGENCIES WITH STATUTORY AUTHOR- the Non-Foreign Area Retirement Equity As- ican Samoa, Guam, Commonwealth of the ITY.— surance Act of 2009 was eligible to receive a Northern Mariana Islands, Commonwealth of (1) IN GENERAL.—Each special rate of pay cost-of-living allowance under section 5941; Puerto Rico, and the United States Virgin established under an authority described Islands; and’’; under paragraph (2) and payable in a location (D) in clause (iv) in the matter following (4) if the surveys under paragraph (3) indi- designated as a cost-of-living allowance area cate that the pay disparity determined for subparagraph (D), by inserting ‘‘, except for under section 5941(a)(1) of title 5, United members covered by subparagraph (C)’’ be- the State of Alaska, the State of Hawaii, or States Code, shall be adjusted in accordance any 1 of the United States territories includ- fore the semicolon; and with regulations prescribed by the applicable (E) in clause (v) in the matter following ing American Samoa, Guam, Commonwealth head of the agency that are consistent with of the Northern Mariana Islands, Common- subparagraph (D), by inserting ‘‘, except for the regulations issued by the Director of the members covered by subparagraph (C)’’ be- wealth of Puerto Rico, and the United States Office of Personnel Management under sub- Virgin Islands exceeds the pay disparity de- fore the semicolon. section (a). (b) ALLOWANCES BASED ON LIVING COSTS termined for the locality which (for purposes (2) STATUTORY AUTHORITY.—The authority AND CONDITIONS OF ENVIRONMENT.—Section of section 5304 of that title) is commonly referred to under paragraph (1), is any statu- 5941 of title 5, United States Code, is amend- known as the ‘‘Rest of the United States’’, tory authority that— ed— the President’s Pay Agent should take ap- (A) is similar to the authority exercised (1) in subsection (a), by adding after the propriate measures to provide that each such under section 5305 of title 5, United States last sentence ‘‘Notwithstanding any pre- surveyed area be treated as a separate pay Code; ceding provision of this subsection, the cost- locality for purposes of that section; and (B) is exercised by the head of an agency of-living allowance rate based on paragraph (5) the President’s Pay Agent will establish when the head of the agency determines it to (1) shall be the cost-of-living allowance rate 1 locality area for the entire State of Hawaii be necessary in order to obtain or retain the in effect on the date of enactment of the and 1 locality area for the entire State of services of persons specified by statute; and Non-Foreign Area Retirement Equity Assur- Alaska. (C) authorizes the head of the agency to in- ance Act of 2009, except as adjusted under (b) SAVINGS PROVISIONS.— crease the minimum, intermediate, or max- subsection (c).’’; (1) IN GENERAL.—During the period de- imum rates of basic pay authorized under ap- (2) by redesignating subsection (b) as sub- scribed under section 1144 of this subtitle, an plicable statutes and regulations. section (d); and employee paid a special rate under 5305 of (c) TEMPORARY ADJUSTMENT.—Regulations (3) by inserting after subsection (a) the fol- title 5, United States Code, who the day be- issued under subsection (a) or (b) may pro- lowing: fore the date of enactment of this Act was el- vide that statutory limitations on the ‘‘(b) This section shall apply only to areas igible to receive a cost-of-living allowance amount of such special rates may be tempo- that are designated as cost-of-living allow- under section 5941 of title 5, United States rarily raised to a higher level during the ance areas as in effect on December 31, 2009. Code, and who continues to be officially sta- transition period described in section 1144 ‘‘(c)(1) The cost-of-living allowance rate tioned in an allowance area, shall receive an ending on the first day of the first pay period payable under this section shall be adjusted increase in the employee’s special rate con- beginning on or after January 1, 2012, at on the first day of the first applicable pay sistent with increases in the applicable spe- which time any special rate of pay in excess period beginning on or after— cial rate schedule. For employees in allow- of the applicable limitation shall be con- ‘‘(A) January 1, 2010; and ance areas, the minimum step rate for any verted to a retained rate under section 5363 ‘‘(B) January 1 of each calendar year in grade of a special rate schedule shall be in- of title 5, United States Code. which a locality-based comparability adjust- creased at the time of an increase in the ap- ment takes effect under section 1144 (2) and SEC. 1144. TRANSITION SCHEDULE FOR LOCAL- plicable locality rate percentage for the al- (3) of the Non-Foreign Area Retirement Eq- ITY-BASED COMPARABILITY PAY- lowance area by not less than the dollar in- MENTS. uity Assurance Act of 2009. crease in the locality-based comparability ‘‘(2)(A) In this paragraph, the term ‘appli- Notwithstanding any other provision of payment for a non-special rate employee at cable locality-based comparability pay per- this subtitle or section 5304 or 5304a of title the same minimum step provided under sec- centage’ means, with respect to calendar 5, United States Code, in implementing the tion 1144 of this subtitle, and corresponding year 2010 and each calendar year thereafter, amendments made by this subtitle, for each increases shall be provided for all step rates the applicable percentage under section 1144 non-foreign area determined under section of the given pay range. (1), (2), or (3) of Non-Foreign Area Retire- 5941(b) of that title, the applicable rate for (2) CONTINUATION OF COST OF LIVING ALLOW- ment Equity Assurance Act of 2009. the locality-based comparability adjustment ANCE RATE.—If an employee, who the day be- ‘‘(B) Each adjusted cost-of-living allowance that is used in the computation required fore the date of enactment of this Act was el- rate under paragraph (1) shall be computed under section 5941(c) of that title shall be ad- igible to receive a cost-of-living allowance by— justed effective on the first day of the first under section 5941 of title 5, United States ‘‘(i) subtracting 65 percent of the applica- pay period beginning on or after January 1— Code, would receive a rate of basic pay and 1 ble locality-based comparability pay per- (1) in calendar year 2010, by using ⁄3 of the applicable locality-based comparability pay- centage from the cost-of-living allowance locality pay percentage for the rest of United ment which is in excess of the maximum rate percentage rate in effect on December 31, States locality pay area; limitation set under section 5304(g) of title 5, 2 2009; and (2) in calendar year 2011, by using ⁄3 of the United States Code, for his position (but for ‘‘(ii) dividing the resulting percentage de- otherwise applicable comparability payment that maximum rate limitation) due to the termined under clause (i) by the sum of— approved by the President for each non-for- operation of this subtitle, the employee shall ‘‘(I) one; and eign area; and continue to receive the cost-of-living allow- ‘‘(II) the applicable locality-based com- (3) in calendar year 2012 and each subse- ance rate in effect on December 31, 2009 with- parability payment percentage expressed as quent year, by using the full amount of the out adjustment until— a numeral. applicable comparability payment approved (A) the employee leaves the allowance area ‘‘(3) No allowance rate computed under by the President for each non-foreign area. or pay system; or paragraph (2) may be less than zero. SEC. 1145. SAVINGS PROVISION. (B) the employee is entitled to receive ‘‘(4) Each allowance rate computed under (a) SENSE OF CONGRESS.—It is the sense of basic pay (including any applicable locality- paragraph (2) shall be paid as a percentage of Congress that— based comparability payment or similar sup- basic pay (including any applicable locality- (1) the application of this subtitle to any plement) at a higher rate, based comparability payment under section employee should not result in a decrease in but, when any such position becomes vacant, 5304 or similar provision of law and any ap- the take home pay of that employee; the pay of any subsequent appointee thereto

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17633

shall be fixed in the manner provided by ap- 5, United States Code, as a result of the ap- (1) IN GENERAL.—An employee described plicable law and regulation. plication of this subtitle shall be considered under subsection (a) (1) and (2) may file an (3) LOCALITY-BASED COMPARABILITY PAY- to be fixed by statute. election with the Office of Personnel Man- MENTS.—Any employee covered under para- (C) PERFORMANCE APPRAISAL SYSTEM.— agement to be covered under this section. graph (2) shall receive any applicable local- With respect to a covered employee who is (2) DEADLINE.—An election under this sub- ity-based comparability payment extended subject to a performance appraisal system no section may be filed not later than December under section 1144 of this subtitle which is part of pay attributable to locality-based 31, 2012. not in excess of the maximum rate set under comparability payments as a result of the (c) COMPUTATION OF ANNUITY.— section 5304(g) of title 5, United States Code, application of this subtitle including section (1) IN GENERAL.—Except as provided under for his position including any future increase 5941 of title 5, United States Code (as amend- paragraph (2), for purposes of the computa- to statutory pay limitations under 5318 of ed by section 1142 of this subtitle), may be tion of an annuity of a covered employee any title 5, United States Code. Notwithstanding reduced on the basis of the performance of cost-of-living allowance under section 5941 of paragraph (2), to the extent that an em- that employee. title 5, United States Code, paid to that employee covered under that paragraph receives (b) POSTAL EMPLOYEES IN NON-FOREIGN ployee during the first applicable pay period any amount of locality-based comparability AREAS.— beginning on or after January 1, 2010 through payment, the cost-of-living allowance rate (1) IN GENERAL.—Section 1005(b) of title 39, the first applicable pay period ending on or under that paragraph shall be reduced ac- United States Code, is amended— after December 31, 2012, shall be considered cordingly, as provided under section (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; basic pay as defined under section 8331(3) or 5941(c)(2)(B) of title 5, United States Code. (B) by striking ‘‘Section 5941,’’ and insert- 8401(4) of that title. SEC. 1146. APPLICATION TO OTHER ELIGIBLE EM- ing ‘‘Except as provided under paragraph (2), (2) LIMITATION.—The amount of the cost-of- PLOYEES. section 5941’’; living allowance which may be considered (a) IN GENERAL.— (C) by striking ‘‘For purposes of such sec- basic pay under paragraph (1) may not ex- (1) DEFINITION.—In this subsection, the tion,’’ and inserting ‘‘Except as provided ceed the amount of the locality-based com- term ‘‘covered employee’’ means— under paragraph (2), for purposes of section parability payments the employee would (A) any employee who— 5941 of that title,’’; and have received during that period for the ap- (i) on the day before the date of enactment (D) by adding at the end the following: plicable pay area if the limitation under sec- of this Act— ‘‘(2) On and after the date of enactment of tion 1144 of this subtitle did not apply. (d) CIVIL SERVICE RETIREMENT AND DIS- (I) was eligible to be paid a cost-of-living the Non-Foreign Area Retirement Equity As- ABILITY RETIREMENT FUND.— allowance under 5941 of title 5, United States surance Act of 2009— Code; and (1) EMPLOYEE CONTRIBUTIONS.—A covered ‘‘(A) the provisions of that Act and section employee shall pay into the Civil Service Re- (II) was not eligible to be paid locality- 5941 of title 5 shall apply to officers and em- based comparability payments under 5304 or tirement and Disability Retirement Fund— ployees covered by section 1003 (b) and (c) 5304a of that title; or (A) an amount equal to the difference be- whose duty station is in a nonforeign area; (ii) on or after the date of enactment of tween— and this Act becomes eligible to be paid a cost- (i) employee contributions that would have ‘‘(B) with respect to officers and employees of-living allowance under 5941 of title 5, been deducted and withheld from pay under of the Postal Service (other than those offi- United States Code; or section 8334 or 8422 of title 5, United States cers and employees described under subpara- (B) any employee who— Code, during the period described under sub- graph (A)) of section 1146(b)(2) of that Act (i) on the day before the date of enactment section (c) of this section if the cost-of-living shall apply.’’. of this Act— allowances described under that subsection (2) CONTINUATION OF COST OF LIVING ALLOW- (I) was eligible to be paid an allowance had been treated as basic pay under section ANCE.— under section 1603(b) of title 10, United 8331(3) or 8401(4) of title 5, United States States Code; (A) IN GENERAL.—Notwithstanding any Code; and (II) was eligible to be paid an allowance other provision of this subtitle, any em- (ii) employee contributions that were actu- under section 1005(b) of title 39, United ployee of the Postal Service (other than an ally deducted and withheld from pay under States Code; employee covered by section 1003 (b) and (c) section 8334 or 8422 of title 5, United States (III) was employed by the Transportation of title 39, United States Code, whose duty Code, during that period; and Security Administration of the Department station is in a nonforeign area) who is paid (B) interest as prescribed under section of Homeland Security and was eligible to be an allowance under section 1005(b) of that 8334(e) of title 5, United States Code, based paid an allowance based on section 5941 of title shall be treated for all purposes as if on the amount determined under subpara- title 5, United States Code; or the provisions of this subtitle (including the graph (A). (IV) was eligible to be paid under any other amendments made by this subtitle) had not (2) AGENCY CONTRIBUTIONS.— authority a cost-of-living allowance that is been enacted, except that the cost-of-living (A) IN GENERAL.—The employing agency of equivalent to the cost-of-living allowance allowance rate paid to that employee— a covered employee shall pay into the Civil under section 5941 of title 5, United States (i) may result in the allowance exceeding Service Retirement and Disability Retire- Code; or 25 percent of the rate of basic pay of that ment Fund an amount for applicable agency (ii) on or after the date of enactment of employee; and contributions based on payments made under this Act— (ii) shall be the greater of— paragraph (1). (I) becomes eligible to be paid an allowance (I) the cost-of-living allowance rate in ef- (B) SOURCE.—Amounts paid under this under section 1603(b) of title 10, United fect on December 31, 2009 for the applicable paragraph shall be contributed from the ap- States Code; area; or propriation or fund used to pay the em- (II) becomes eligible to be paid an allow- (II) the applicable locality-based com- ployee. ance under section 1005(b) of title 39, United parability pay percentage under section 1144. (3) REGULATIONS.—The Office of Personnel States Code; (B) RULE OF CONSTRUCTION.—Nothing in Management may prescribe regulations to (III) is employed by the Transportation Se- this subtitle shall be construed to— carry out this section. curity Administration of the Department of (i) provide for an employee described under SEC. 1148. REGULATIONS. Homeland Security and becomes eligible to subparagraph (A) to be a covered employee (a) IN GENERAL.—The Director of the Office be paid an allowance based on section 5941 of as defined under subsection (a); or of Personnel Management shall prescribe title 5, United States Code; or (ii) authorize an employee described under regulations to carry out this subtitle, includ- (IV) is eligible to be paid under any other subparagraph (A) to file an election under ing— authority a cost-of-living allowance that is section 1147 of this subtitle. (1) rules for special rate employees de- equivalent to the cost-of-living allowance SEC. 1147. ELECTION OF ADDITIONAL BASIC PAY scribed under section 1143; under section 5941 of title 5, United States FOR ANNUITY COMPUTATION BY EM- (2) rules for adjusting rates of basic pay for Code. PLOYEES. employees in pay systems administered by (2) APPLICATION TO COVERED EMPLOYEES.— (a) DEFINITION.—In this section the term the Office of Personnel Management when (A) IN GENERAL.—Notwithstanding any ‘‘covered employee’’ means any employee— such employees are not entitled to locality- other provision of law, for purposes of this (1) to whom section 1144 applies; based comparability payments under section subtitle (including the amendments made by (2) who is separated from service by reason 5304 of title 5, United States Code, without this subtitle) any covered employee shall be of retirement under chapter 83 or 84 of title regard to otherwise applicable statutory pay treated as an employee to whom section 5941 5, United States Code, during the period of limitations during the transition period de- of title 5, United States Code (as amended by January 1, 2010, through December 31, 2012; scribed in section 1144 ending on the first day section 1142 of this subtitle), and section 1144 and of the first pay period beginning on or after of this subtitle apply. (3) who files an election with the Office of January 1, 2012; and (B) PAY FIXED BY STATUTE.—Pay to covered Personnel Management under subsection (b). (3) rules governing establishment and ad- employees under section 5304 or 5304a of title (b) ELECTION.— justment of saved or retained rates for any

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17634 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 employee whose rate of pay exceeds applica- ‘‘(D) assist the Inspector General for that employees, the hours of that service shall be ble pay limitations on the first day of the agency in the performance of the mission of included in the hours of service performed first pay period beginning on or after Janu- that Inspector General; for purposes of paragraph (3). ary 1, 2012. ‘‘(E) promote appropriate training or men- ‘‘(7) The authority of the head of an agency (b) OTHER PAY SYSTEMS.—With the concur- toring programs of employees; under this subsection to waive the applica- rence of the Director of the Office of Per- ‘‘(F) assist in the recruitment or retention tion of subsection (a) or (b) shall terminate sonnel Management, the administrator of a of employees; or 5 years after the date of enactment of the pay system not administered by the Office of ‘‘(G) respond to an emergency involving a Part-Time Reemployment of Annuitants Act Personnel Management shall prescribe regu- direct threat to life of property or other un- of 2009.’’; and lations to carry out this subtitle with re- usual circumstances. (3) in subsection (m) (as so redesignated)— spect to employees in such pay system, con- ‘‘(3) The head of an agency may not waive (A) in paragraph (1), by striking ‘‘(k)’’ and sistent with the regulations prescribed by the application of subsection (a) or (b) with inserting ‘‘(l)’’; and the Office under subsection (a). With respect respect to an annuitant— (B) in paragraph (2), by striking ‘‘or (k)’’ to employees not entitled to locality-based ‘‘(A) for more than 520 hours of service per- and inserting ‘‘(k), or (l)’’. comparability payments under section 5304 formed by that annuitant during the period (b) FEDERAL EMPLOYEE RETIREMENT SYS- of title 5, United States Code, regulations ending 6 months following the individual’s TEM.—Section 8468 of title 5, United States prescribed under this subsection may provide annuity commencing date; Code, is amended— for special payments or adjustments for em- ‘‘(B) for more than 1040 hours of service (1) by redesignating subsection (i) as sub- ployees who were eligible to receive a cost- performed by that annuitant during any 12- section (j); of-living allowance under section 5941 of that month period; or (2) by inserting after subsection (h) the fol- title on the date before the date of enact- ‘‘(C) for more than a total of 3120 hours of lowing: ment of this Act. service performed by that annuitant. ‘‘(i)(1) For purposes of this subsection— SEC. 1149. EFFECTIVE DATES. ‘‘(4)(A) The total number of annuitants to ‘‘(A) the term ‘head of an agency’ means— (a) IN GENERAL.—Except as provided by whom a waiver by the head of an agency ‘‘(i) the head of an Executive agency, other subsection (b), this subtitle (including the under this subsection or section 8468(i) ap- than the Department of Defense or the Gov- amendments made by this subtitle) shall plies may not exceed 2.5 percent of the total ernment Accountability Office; take effect on the date of enactment of this number of full-time employees of that agen- ‘‘(ii) the head of the United States Postal Act. cy. Service; (b) LOCALITY PAY AND SCHEDULE.—The ‘‘(B) If the total number of annuitants to ‘‘(iii) the Director of the Administrative amendments made by section 1142 and the whom a waiver by the head of an agency Office of the United States Courts, with re- provisions of section 1144 shall take effect on under this subsection or section 8468(i) ap- spect to employees of the judicial branch; the first day of the first applicable pay pe- plies exceeds 1 percent of the total number of and riod beginning on or after January 1, 2010. full-time employees of that agency, the head ‘‘(iv) any employing authority described of that agency shall submit to the Com- under subsection (h)(2), other than the Gov- Subtitle D—Part-Time Reemployment of mittee on Homeland Security and Govern- ernment Accountability Office; and Annuitants mental Affairs of the Senate, the Committee ‘‘(B) the term ‘limited time appointee’ SEC. 1161. SHORT TITLE. on Oversight and Government Reform of the means an annuitant appointed under a tem- This subtitle may be cited as the ‘‘Part- House of Representatives, and the Office of porary appointment limited to 1 year or less. Time Reemployment of Annuitants Act of Personnel Management— ‘‘(2) The head of an agency may waive the 2009’’. ‘‘(i) a report with an explanation that jus- application of subsection (a) with respect to SEC. 1162. PART-TIME REEMPLOYMENT. tifies the need for the waivers in excess of any annuitant who is employed in such agen- (a) CIVIL SERVICE RETIREMENT SYSTEM.— that percentage; and cy as a limited time appointee, if the head of Section 8344 of title 5, United States Code, is ‘‘(ii) not later than 180 days after submit- the agency determines that the employment amended— ting the report under clause (i), a succession of the annuitant is necessary to— (1) by redesignating subsection (l) as sub- plan. ‘‘(A) fulfill functions critical to the mis- section (m); ‘‘(5)(A) The Director of the Office of Per- sion of the agency, or any component of that (2) by inserting after subsection (k) the fol- sonnel Management may promulgate regula- agency; lowing: tions providing for the administration of this ‘‘(B) assist in the implementation or over- ‘‘(l)(1) For purposes of this subsection— subsection. sight of the American Recovery and Rein- ‘‘(A) the term ‘head of an agency’ means— ‘‘(B) Any regulations promulgated under vestment Act of 2009 (Public Law 111–5) or ‘‘(i) the head of an Executive agency, other subparagraph (A) may— the Troubled Asset Relief Program under than the Department of Defense or the Gov- ‘‘(i) provide standards for the maintenance title I of the Emergency Economic Stabiliza- ernment Accountability Office; and form of necessary records of employment tion Act of 2008 (12 U.S.C. 5201 et seq.); ‘‘(ii) the head of the United States Postal under this subsection; ‘‘(C) assist in the development, manage- Service; ‘‘(ii) to the extent not otherwise expressly ment, or oversight of agency procurement ‘‘(iii) the Director of the Administrative prohibited by law, require employing agen- actions; Office of the United States Courts, with re- cies to provide records of such employment ‘‘(D) assist the Inspector General for that spect to employees of the judicial branch; to the Office of Personnel Management or agency in the performance of the mission of and other employing agencies as necessary to en- that Inspector General; ‘‘(iv) any employing authority described sure compliance with paragraph (3); ‘‘(E) promote appropriate training or men- under subsection (k)(2), other than the Gov- ‘‘(iii) authorize other administratively toring programs of employees; ernment Accountability Office; and convenient periods substantially equivalent ‘‘(F) assist in the recruitment or retention ‘‘(B) the term ‘limited time appointee’ to 12 months, such as 26 pay periods, to be of employees; or means an annuitant appointed under a tem- used in determining compliance with para- ‘‘(G) respond to an emergency involving a porary appointment limited to 1 year or less. graph (3)(B); direct threat to life of property or other un- ‘‘(2) The head of an agency may waive the ‘‘(iv) include such other administrative re- usual circumstances. application of subsection (a) or (b) with requirements as the Director of the Office of ‘‘(3) The head of an agency may not waive spect to any annuitant who is employed in Personnel Management may find appropriate the application of subsection (a) with respect such agency as a limited time appointee, if to provide for the effective operation of, or to an annuitant— the head of the agency determines that the to ensure compliance with, this subsection; ‘‘(A) for more than 520 hours of service per- employment of the annuitant is necessary and formed by that annuitant during the period to— ‘‘(v) encourage the training and mentoring ending 6 months following the individual’s ‘‘(A) fulfill functions critical to the mis- of employees by any limited time appointee annuity commencing date; sion of the agency, or any component of that employed under this subsection. ‘‘(B) for more than 1040 hours of service agency; ‘‘(6)(A) Any hours of training or mentoring performed by that annuitant during any 12- ‘‘(B) assist in the implementation or over- of employees by any limited time appointee month period; or sight of the American Recovery and Rein- employed under this subsection shall not be ‘‘(C) for more than a total of 3120 hours of vestment Act of 2009 (Public Law 111–5) or included in the hours of service performed service performed by that annuitant. the Troubled Asset Relief Program under for purposes of paragraph (3), but those hours ‘‘(4)(A) The total number of annuitants to title I of the Emergency Economic Stabiliza- of training or mentoring may not exceed 520 whom a waiver by the head of an agency tion Act of 2008 (12 U.S.C. 5201 et seq.); hours. under this subsection or section 8344(l) ap- ‘‘(C) assist in the development, manage- ‘‘(B) If the primary service performed by plies may not exceed 2.5 percent of the total ment, or oversight of agency procurement any limited time appointee employed under number of full-time employees of that agen- actions; this subsection is training or mentoring of cy.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17635 ‘‘(B) If the total number of annuitants to SEC. 1163. GENERAL ACCOUNTABILITY OFFICE 26(a)(2) does not apply, the credit allowed whom a waiver by the head of an agency REPORT. under subsection (a) for any taxable year under this subsection or section 8344(l) ap- (a) IN GENERAL.—Not later than 3 years shall not exceed the excess of— plies exceeds 1 percent of the total number of after the date of enactment of this Act, the ‘‘(A) the sum of the regular tax liability full-time employees of that agency, the head Comptroller General of the United States (as defined in section 26(b)) plus the tax im- of that agency shall submit to the Com- shall submit to the Committee on Homeland posed by section 55, over mittee on Homeland Security and Govern- Security and Governmental Affairs of the ‘‘(B) the sum of the credits allowable under mental Affairs of the Senate, the Committee Senate and the Committee on Oversight and this subpart (other than this section) for the on Oversight and Government Reform of the Government Reform of the House of Rep- taxable year. House of Representatives, and the Office of resentatives a report regarding the use of the ‘‘(3) ONE-TIME ONLY.— Personnel Management— authority under the amendments made by ‘‘(A) IN GENERAL.—If a credit is allowed section 1162. ‘‘(i) a report with an explanation that jus- under this section in the case of any indi- (b) CONTENTS.—The report submitted under tifies the need for the waivers in excess of vidual (and such individual’s spouse, if mar- subsection (a) shall— ried) with respect to the purchase of any that percentage; and (1) include the number of annuitants for ‘‘(ii) not later than 180 days after submit- principal residence, no credit shall be al- whom a waiver was made under subsection lowed under this section in any taxable year ting the report under clause (i), a succession (l) of section 8344 of title 5, United States plan. with respect to the purchase of any other Code, as amended by this subtitle, or sub- principal residence by such individual or a ‘‘(5)(A) The Director of the Office of Per- section (i) of section 8468 of title 5, United sonnel Management may promulgate regula- spouse of such individual. States Code, as amended by this subtitle; ‘‘(B) JOINT PURCHASE.—In the case of a pur- tions providing for the administration of this and subsection. chase of a principal residence by 2 or more (2) identify each agency that used the au- unmarried individuals or by 2 married indi- ‘‘(B) Any regulations promulgated under thority described in paragraph (1). viduals filing separately, no credit shall be subparagraph (A) may— (c) AGENCY DATA.—Each head of an agency allowed under this section if a credit under ‘‘(i) provide standards for the maintenance (as defined under sections 8344(l)(1) and this section has been allowed to any of such and form of necessary records of employment 8468(i)(1)(A) of title 5, United States Code, as individuals in any taxable year with respect under this subsection; added by section 1162 of this subtitle) shall— to the purchase of any other principal resi- ‘‘(ii) to the extent not otherwise expressly (1) collect and maintain data necessary for dence. prohibited by law, require employing agen- purposes of the Comptroller General report ‘‘(c) PRINCIPAL RESIDENCE.—For purposes cies to provide records of such employment submitted under subsection (a); and of this section, the term ‘principal residence’ to the Office or other employing agencies as (2) submit to the Comptroller General that has the same meaning as when used in sec- necessary to ensure compliance with para- data as the Comptroller General requires in tion 121. graph (3); a timely fashion. ‘‘(d) DENIAL OF DOUBLE BENEFIT.—No credit ‘‘(iii) authorize other administratively shall be allowed under this section for any convenient periods substantially equivalent SA 1509. Mr. ISAKSON submitted an purchase for which a credit is allowed under to 12 months, such as 26 pay periods, to be amendment intended to be proposed by section 36 or section 1400C. used in determining compliance with para- him to the bill S. 1390, to authorize ap- ‘‘(e) SPECIAL RULES.— graph (3)(B); propriations for fiscal year 2010 for ‘‘(1) JOINT PURCHASE.— ‘‘(iv) include such other administrative re- military activities of the Department ‘‘(A) MARRIED INDIVIDUALS FILING SEPA- quirements as the Director of the Office of of Defense, for military construction, RATELY.—In the case of 2 married individuals Personnel Management may find appropriate filing separately, subsection (a) shall be ap- and for defense activities of the De- plied to each such individual by substituting to provide for effective operation of, or to partment of Energy, to prescribe mili- ensure compliance with, this subsection; and ‘$7,500’ for ‘$15,000’ in subsection (a)(1). ‘‘(v) encourage the training and mentoring tary personnel strengths for such fiscal ‘‘(B) UNMARRIED INDIVIDUALS.—If 2 or more of employees by any limited time appointee year, and for other purposes; which was individuals who are not married purchase a employed under this subsection. ordered to lie on the table; as follows: principal residence, the amount of the credit ‘‘(6)(A) Any hours of training or mentoring On page 201, after line 25, insert the fol- allowed under subsection (a) shall be allo- of employees by any limited time appointee lowing: cated among such individuals in such man- employed under this subsection shall not be SEC. 652. CREDIT FOR CERTAIN HOME PUR- ner as the Secretary may prescribe, except included in the hours of service performed CHASES. that the total amount of the credits allowed for purposes of paragraph (3), but those hours (a) ALLOWANCE OF CREDIT.—Subpart A of to all such individuals shall not exceed of training or mentoring may not exceed 520 part IV of subchapter A of chapter 1 of the $15,000. ‘‘(2) PURCHASE.—In defining the purchase hours. Internal Revenue Code of 1986 is amended by inserting after section 25D the following new of a principal residence, rules similar to the ‘‘(B) If the primary service performed by rules of paragraphs (2) and (3) of section any limited time appointee employed under section: ‘‘SEC. 25E. CREDIT FOR CERTAIN HOME PUR- 1400C(e) (as in effect on the date of the enact- this subsection is training or mentoring of ment of this section) shall apply. employees, the hours of that service shall be CHASES. ‘‘(a) ALLOWANCE OF CREDIT.— ‘‘(3) REPORTING REQUIREMENT.—Rules simi- included in the hours of service performed ‘‘(1) IN GENERAL.—In the case of an indi- lar to the rules of section 1400C(f) (as so in for purposes of paragraph (3). vidual who is a purchaser of a principal resi- effect) shall apply. ‘‘(7) The authority of the head of an agency dence during the taxable year, there shall be ‘‘(f) RECAPTURE OF CREDIT IN THE CASE OF under this subsection to waive the applica- allowed as a credit against the tax imposed CERTAIN DISPOSITIONS.— tion of subsection (a) shall terminate 5 years by this chapter an amount equal to 10 per- ‘‘(1) IN GENERAL.—In the event that a tax- after the date of enactment of the Part-Time cent of the purchase price of the residence. payer— Reemployment of Annuitants Act of 2009.’’; ‘‘(2) DOLLAR LIMITATION.—The amount of ‘‘(A) disposes of the principal residence and the credit allowed under paragraph (1) shall with respect to which a credit was allowed (3) in subsection (j) (as so redesignated)— not exceed $15,000. under subsection (a), or (A) in paragraph (1), by striking ‘‘(h)’’ and ‘‘(3) ALLOCATION OF CREDIT AMOUNT.—At ‘‘(B) fails to occupy such residence as the inserting ‘‘(i)’’; and the election of the taxpayer, the amount of taxpayer’s principal residence, (B) in paragraph (2), by striking ‘‘or (h)’’ the credit allowed under paragraph (1) (after at any time within 24 months after the date and inserting ‘‘(h), or (i)’’. application of paragraph (2)) may be equally on which the taxpayer purchased such resi- (c) RULE OF CONSTRUCTION.—Nothing in the divided among the 2 taxable years beginning dence, then the tax imposed by this chapter amendments made by this section may be with the taxable year in which the purchase for the taxable year during which such dis- construed to authorize the waiver of the hir- of the principal residence is made. position occurred or in which the taxpayer ing preferences under chapter 33 of title 5, ‘‘(b) LIMITATIONS.— failed to occupy the residence as a principal United States Code in selecting annuitants ‘‘(1) DATE OF PURCHASE.—The credit al- residence shall be increased by the amount to employ in an appointive or elective posi- lowed under subsection (a) shall be allowed of such credit. tion. only with respect to purchases made— ‘‘(2) EXCEPTIONS.— (d) TECHNICAL AND CONFORMING AMEND- ‘‘(A) after the date of the enactment of the ‘‘(A) DEATH OF TAXPAYER.—Paragraph (1) MENTS.—Section 1005(d)(2) of title 39, United National Defense Authorization Act for Fis- shall not apply to any taxable year ending States Code, is amended— cal Year 2010, and after the date of the taxpayer’s death. (1) by striking ‘‘(l)(2)’’ and inserting ‘‘(B) on or before the date that is 1 year ‘‘(B) INVOLUNTARY CONVERSION.—Paragraph ‘‘(m)(2)’’; and after such date of enactment. (1) shall not apply in the case of a residence (2) by striking ‘‘(i)(2)’’ and inserting ‘‘(2) LIMITATION BASED ON AMOUNT OF TAX.— which is compulsorily or involuntarily con- ‘‘(j)(2)’’. In the case of a taxable year to which section verted (within the meaning of section

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17636 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009

1033(a)) if the taxpayer acquires a new prin- the enactment of the National Defense Au- (3) CONDITION.—As a condition of the con- cipal residence within the 2-year period be- thorization Act for Fiscal Year 2010’’. veyance under this subsection, the Author- ginning on the date of the disposition or ces- (2) ELECTION TO TREAT PURCHASE IN PRIOR ity, and any person or entity to which the sation referred to in such paragraph. Para- YEAR.—Subsection (g) of section 36 of the In- Authority transfers the property, shall com- graph (1) shall apply to such new principal ternal Revenue Code of 1986 is amended by ply in the use of the property with the appli- residence during the remainder of the 24- striking ‘‘before December 1, 2009’’ and in- cable provisions of the Ellsworth Air Force month period described in such paragraph as serting ‘‘on or before the date of the enact- Base Air Installation Compatible Use Zone if such new principal residence were the con- ment of the National Defense Authorization Study. verted residence. Act for Fiscal Year 2010’’. (4) REVERSIONARY INTEREST.—If the Sec- ‘‘(C) TRANSFERS BETWEEN SPOUSES OR INCI- (e) EFFECTIVE DATE.—The amendments retary determines at any time that the real DENT TO DIVORCE.—In the case of a transfer of made by this section shall apply to pur- property conveyed under paragraph (1) is not a residence to which section 1041(a) applies— chases after the date of the enactment of being used in compliance with the applicable ‘‘(i) paragraph (1) shall not apply to such this Act. provisions of the Ellsworth Air Force Base transfer, and Air Installation Compatible Use Zone Study, ‘‘(ii) in the case of taxable years ending SA 1510. Mr. THUNE (for himself and all right, title, and interest in and to such after such transfer, paragraph (1) shall apply Mr. JOHANNS) submitted an amendment real property, including any improvements to the transferee in the same manner as if intended to be proposed by him to the and appurtenant easements thereto, shall, at such transferee were the transferor (and bill S. 1390, to authorize appropriations the option of the Secretary, revert to and be- shall not apply to the transferor). for fiscal year 2010 for military activi- come the property of the United States, and ‘‘(D) RELOCATION OF MEMBERS OF THE ties of the Department of Defense, for the United States shall have the right of im- ARMED FORCES.—Paragraph (1) shall not military construction, and for defense mediate entry onto such real property. A de- apply in the case of a member of the Armed activities of the Department of Energy, termination by the Secretary under this Forces of the United States on active duty paragraph shall be made on the record after who moves pursuant to a military order and to prescribe military personnel an opportunity for a hearing. incident to a permanent change of station. strengths for such fiscal year, and for (5) DESCRIPTION OF PROPERTY.—The exact ‘‘(3) JOINT RETURNS.—In the case of a credit other purposes; which was ordered to acreage and legal description of the real allowed under subsection (a) with respect to lie on the table; as follows: property to be conveyed under this sub- a joint return, half of such credit shall be On page 565, after line 20, add the fol- section shall be determined by a survey sat- treated as having been allowed to each indi- lowing: isfactory to the Secretary. vidual filing such return for purposes of this SEC. 2832. LAND CONVEYANCE, ELLSWORTH AIR (6) ADDITIONAL TERMS AND CONDITIONS.— subsection. FORCE BASE, SOUTH DAKOTA. The Secretary may require such additional ‘‘(4) RETURN REQUIREMENT.—If the tax im- (a) CHANGE IN RECIPIENT UNDER EXISTING terms and conditions in connection with the posed by this chapter for the taxable year is AUTHORITY.— conveyance under this subsection as the Sec- increased under this subsection, the tax- (1) IN GENERAL.—Section 2863(a) of the retary considers appropriate to protect the payer shall, notwithstanding section 6012, be Military Construction Act for Fiscal Year interests of the United States. required to file a return with respect to the 1998 (division B of Public Law 105–85; 111 taxes imposed under this subtitle. Stat. 2010), as amended by section 2865(a) of SA 1511. Mr. LEAHY (for himself, Ms. ‘‘(g) BASIS ADJUSTMENT.—For purposes of the Military Construction Act for Fiscal COLLINS, Mr. KENNEDY, Ms. SNOWE, Mr. this subtitle, if a credit is allowed under this Year 2001 (as enacted into law by Public Law section with respect to the purchase of any 106–398; 114 Stat. 1654A–435), is further LEVIN, Mrs. FEINSTEIN, Mr. SCHUMER, residence, the basis of such residence shall be amended by striking ‘‘West River Founda- Mr. DURBIN, Mr. CARDIN, Mr. WHITE- reduced by the amount of the credit so al- tion for Economic and Community Develop- HOUSE, Ms. KLOBUCHAR, Mr. SPECTER, lowed. ment, Sturgis, South Dakota (in this section Mr. FRANKEN, Ms. MIKULSKI, Mr. ‘‘(h) ELECTION TO TREAT PURCHASE IN referred to as the ‘Foundation’)’’ and insert- MERKLEY, Mrs. GILLIBRAND, Mr. PRIOR YEAR.—In the case of a purchase of a ing ‘‘South Dakota Ellsworth Development MENENDEZ, Mrs. SHAHEEN, Mr. KERRY, principal residence after December 31, 2009, Authority, Pierre, South Dakota (in this sec- Mr. UDALL of Colorado, Mr. DODD, Mr. and on or before the date described in sub- tion referred to as the ‘Authority’)’’. HARKIN, Mr. WYDEN, Mr. CASEY, Ms. section (b)(1)(B), a taxpayer may elect to (2) TECHNICAL AND CONFORMING AMEND- ANTWELL AUTENBERG IE treat such purchase as made on December 31, MENTS.—Section 2863 of the Military Con- C , Mr. L , Mr. L - 2009, for purposes of this section.’’. struction Act for Fiscal Year 1998 (division B BERMAN, Mrs. BOXER, Mr. BROWN, Mr. (b) CONFORMING AMENDMENTS.— of Public Law 105–85; 111 Stat. 2010), as AKAKA, Mr. SANDERS, Mrs. MURRAY, (1) Section 24(b)(3)(B) of the Internal Rev- amended by section 2865(b) of the Military Mr. REED, Mr. BINGAMAN, Mr. KAUF- enue Code of 1986 is amended by striking Construction Act for Fiscal Year 2001 (as en- MAN, Mr. INOUYE, Ms. STABENOW, and ‘‘and 25B’’ and inserting ‘‘, 25B, and 25E’’. acted into law by Public Law 106–398; 114 Mr. REID) submitted an amendment in- (2) Section 25(e)(1)(C)(ii) of such Code is Stat. 1654A–435), is further amended— amended by inserting ‘‘25E,’’ after ‘‘25D,’’. tended to be proposed by him to the (A) by striking ‘‘Foundation’’ each place it bill S. 1390, to authorize appropriations (3) Section 25B(g)(2) of such Code is amend- appears in subsections (c) and (e) and inserted by striking ‘‘section 23’’ and inserting ing ‘‘Authority’’; for fiscal year 2010 for military activi- ‘‘sections 23 and 25E’’. (B) in subsection (b)(1)— ties of the Department of Defense, for (4) Section 904(i) of such Code is amended (i) in subparagraph (B), by striking ‘‘137.56 military construction, and for defense by striking ‘‘and 25B’’ and inserting ‘‘25B, acres’’ and inserting ‘‘120.70 acres’’; and activities of the Department of Energy, and 25E’’. (ii) by striking subparagraphs (C), (D), and to prescribe military personnel (5) Section 1016(a) of such Code is amended (E). by striking ‘‘and’’ at the end of paragraph strengths for such fiscal year, and for (b) NEW CONVEYANCE AUTHORITY.— other purposes; which was ordered to (36), by striking the period at the end of (1) CONVEYANCE AUTHORIZED.—The Sec- paragraph (37) and inserting ‘‘, and’’, and by retary of the Air Force may convey, without lie on the table; as follows: adding at the end the following new para- consideration, to the South Dakota Ells- At the end of the bill, insert the following: graph: worth Development Authority, Pierre, South ll ‘‘(38) to the extent provided in section Dakota (in this subsection referred to as the DIVISION —MATTHEW SHEPARD HATE 25E(g).’’. ‘‘Authority’’), all right, title, and interest of CRIMES PREVENTION ACT (c) CLERICAL AMENDMENT.—The table of the United States in and to the parcels of SEC. l01. SHORT TITLE. sections for subpart A of part IV of sub- real property located at Ellsworth Air Force chapter A of chapter 1 of the Internal Rev- This division may be cited as the ‘‘Mat- Base, South Dakota, referred to in paragraph thew Shepard Hate Crimes Prevention Act’’. enue Code of 1986 is amended by inserting (2). after the item relating to section 25D the fol- (2) COVERED PROPERTY.—The real property SEC. l02. FINDINGS. lowing new item: referred to in paragraph (1) is the following: Congress makes the following findings: ‘‘Sec. 25E. Credit for certain home pur- (A) A parcel of real property, together with (1) The incidence of violence motivated by chases.’’. any improvements thereon, consisting of ap- the actual or perceived race, color, religion, (d) SUNSET OF CURRENT FIRST-TIME HOME- proximately 2.37 acres and comprising the national origin, gender, sexual orientation, BUYER CREDIT.— 11000 West Communications Annex. gender identity, or disability of the victim (1) IN GENERAL.—Subsection (h) of section (B) A parcel of real property, together with poses a serious national problem. 36 of the Internal Revenue Code of 1986 is any improvements thereon, consisting of ap- (2) Such violence disrupts the tranquility amended by striking ‘‘before December 1, proximately 6.643 acres and comprising the and safety of communities and is deeply divi- 2009’’ and inserting ‘‘on or before the date of South Nike Education Annex. sive.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17637 (3) State and local authorities are now and Violent Crime Control and Law Enforcement denied by the Attorney General not later will continue to be responsible for pros- Act of 1994 (28 U.S.C. 994 note); and than 180 business days after the date on ecuting the overwhelming majority of vio- (3) the term ‘‘local’’ means a county, city, which the Attorney General receives the ap- lent crimes in the United States, including town, township, parish, village, or other gen- plication. violent crimes motivated by bias. These au- eral purpose political subdivision of a State. (5) GRANT AMOUNT.—A grant under this thorities can carry out their responsibilities SEC. l04. SUPPORT FOR CRIMINAL INVESTIGA- subsection shall not exceed $100,000 for any more effectively with greater Federal assist- TIONS AND PROSECUTIONS BY single jurisdiction in any 1-year period. ance. STATE, LOCAL, AND TRIBAL LAW EN- (6) REPORT.—Not later than December 31, (4) Existing Federal law is inadequate to FORCEMENT OFFICIALS. 2010, the Attorney General shall submit to address this problem. (a) ASSISTANCE OTHER THAN FINANCIAL AS- Congress a report describing the applications SISTANCE.— (5) A prominent characteristic of a violent submitted for grants under this subsection, (1) IN GENERAL.—At the request of State, crime motivated by bias is that it devastates the award of such grants, and the purposes local, or tribal law enforcement agency, the not just the actual victim and the family for which the grant amounts were expended. Attorney General may provide technical, fo- and friends of the victim, but frequently sav- (7) AUTHORIZATION OF APPROPRIATIONS.— rensic, prosecutorial, or any other form of ages the community sharing the traits that There is authorized to be appropriated to assistance in the criminal investigation or caused the victim to be selected. carry out this subsection $5,000,000 for each prosecution of any crime that— (6) Such violence substantially affects of fiscal years 2010 and 2011. (A) constitutes a crime of violence; interstate commerce in many ways, includ- (B) constitutes a felony under the State, SEC. l05. GRANT PROGRAM. ing the following: local, or tribal laws; and (a) AUTHORITY TO AWARD GRANTS.—The Of- (A) The movement of members of targeted (C) is motivated by prejudice based on the fice of Justice Programs of the Department groups is impeded, and members of such actual or perceived race, color, religion, na- of Justice may award grants, in accordance groups are forced to move across State lines tional origin, gender, sexual orientation, with such regulations as the Attorney Gen- to escape the incidence or risk of such vio- gender identity, or disability of the victim, eral may prescribe, to State, local, or tribal lence. or is a violation of the State, local, or tribal programs designed to combat hate crimes (B) Members of targeted groups are pre- hate crime laws. committed by juveniles, including programs vented from purchasing goods and services, (2) PRIORITY.—In providing assistance to train local law enforcement officers in obtaining or sustaining employment, or par- under paragraph (1), the Attorney General identifying, investigating, prosecuting, and ticipating in other commercial activity. shall give priority to crimes committed by preventing hate crimes. (C) Perpetrators cross State lines to com- offenders who have committed crimes in (b) AUTHORIZATION OF APPROPRIATIONS.— mit such violence. more than one State and to rural jurisdic- There are authorized to be appropriated such (D) Channels, facilities, and instrumental- tions that have difficulty covering the ex- sums as may be necessary to carry out this ities of interstate commerce are used to fa- traordinary expenses relating to the inves- section. cilitate the commission of such violence. tigation or prosecution of the crime. l (E) Such violence is committed using arti- SEC. 06. AUTHORIZATION FOR ADDITIONAL (b) GRANTS.— PERSONNEL TO ASSIST STATE, cles that have traveled in interstate com- (1) IN GENERAL.—The Attorney General LOCAL, AND TRIBAL LAW ENFORCE- merce. may award grants to State, local, and tribal MENT. (7) For generations, the institutions of law enforcement agencies for extraordinary There are authorized to be appropriated to slavery and involuntary servitude were de- expenses associated with the investigation the Department of Justice, including the fined by the race, color, and ancestry of and prosecution of hate crimes. Community Relations Service, for fiscal those held in bondage. Slavery and involun- (2) OFFICE OF JUSTICE PROGRAMS.—In imple- years 2010, 2011, and 2012 such sums as are tary servitude were enforced, both prior to menting the grant program under this sub- necessary to increase the number of per- and after the adoption of the 13th amend- section, the Office of Justice Programs shall sonnel to prevent and respond to alleged vio- ment to the Constitution of the United work closely with grantees to ensure that lations of section 249 of title 18, United States, through widespread public and pri- the concerns and needs of all affected par- States Code, as added by section l07 of this vate violence directed at persons because of ties, including community groups and division. their race, color, or ancestry, or perceived schools, colleges, and universities, are ad- SEC. l07. PROHIBITION OF CERTAIN HATE race, color, or ancestry. Accordingly, elimi- dressed through the local infrastructure de- CRIME ACTS. nating racially motivated violence is an im- veloped under the grants. (a) IN GENERAL.—Chapter 13 of title 18, portant means of eliminating, to the extent (3) APPLICATION.— United States Code, is amended by adding at possible, the badges, incidents, and relics of (A) IN GENERAL.—Each State, local, and the end the following: slavery and involuntary servitude. tribal law enforcement agency that desires a (8) Both at the time when the 13th, 14th, grant under this subsection shall submit an ‘‘§ 249. Hate crime acts and 15th amendments to the Constitution of application to the Attorney General at such ‘‘(a) IN GENERAL.— the United States were adopted, and con- time, in such manner, and accompanied by ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER- tinuing to date, members of certain religious or containing such information as the Attor- CEIVED RACE, COLOR, RELIGION, OR NATIONAL and national origin groups were and are per- ney General shall reasonably require. ORIGIN.—Whoever, whether or not acting ceived to be distinct ‘‘races’’. Thus, in order (B) DATE FOR SUBMISSION.—Applications under color of law, willfully causes bodily in- to eliminate, to the extent possible, the submitted pursuant to subparagraph (A) jury to any person or, through the use of badges, incidents, and relics of slavery, it is shall be submitted during the 60-day period fire, a firearm, a dangerous weapon, or an ex- necessary to prohibit assaults on the basis of beginning on a date that the Attorney Gen- plosive or incendiary device, attempts to real or perceived religions or national ori- eral shall prescribe. cause bodily injury to any person, because of gins, at least to the extent such religions or (C) REQUIREMENTS.—A State, local, and the actual or perceived race, color, religion, national origins were regarded as races at tribal law enforcement agency applying for a or national origin of any person— the time of the adoption of the 13th, 14th, grant under this subsection shall— ‘‘(A) shall be imprisoned not more than 10 and 15th amendments to the Constitution of (i) describe the extraordinary purposes for years, fined in accordance with this title, or the United States. which the grant is needed; both; and (9) Federal jurisdiction over certain vio- (ii) certify that the State, local govern- ‘‘(B) shall be imprisoned for any term of lent crimes motivated by bias enables Fed- ment, or Indian tribe lacks the resources years or for life, fined in accordance with eral, State, and local authorities to work to- necessary to investigate or prosecute the this title, or both, if— gether as partners in the investigation and hate crime; ‘‘(i) death results from the offense; or prosecution of such crimes. (iii) demonstrate that, in developing a plan ‘‘(ii) the offense includes kidnapping or an (10) The problem of crimes motivated by to implement the grant, the State, local, and attempt to kidnap, aggravated sexual abuse bias is sufficiently serious, widespread, and tribal law enforcement agency has consulted or an attempt to commit aggravated sexual interstate in nature as to warrant Federal and coordinated with nonprofit, nongovern- abuse, or an attempt to kill. assistance to States, local jurisdictions, and mental victim services programs that have ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- Indian tribes. experience in providing services to victims of CEIVED RELIGION, NATIONAL ORIGIN, GENDER, hate crimes; and SEXUAL ORIENTATION, GENDER IDENTITY, OR SEC. l03. DEFINITION OF HATE CRIME. (iv) certify that any Federal funds received DISABILITY.— In this division— under this subsection will be used to supple- ‘‘(A) IN GENERAL.—Whoever, whether or not (1) the term ‘‘crime of violence’’ has the ment, not supplant, non-Federal funds that acting under color of law, in any cir- meaning given that term in section 16, title would otherwise be available for activities cumstance described in subparagraph (B) or 18, United States Code; funded under this subsection. paragraph (3), willfully causes bodily injury (2) the term ‘‘hate crime’’ has the meaning (4) DEADLINE.—An application for a grant to any person or, through the use of fire, a given such term in section 280003(a) of the under this subsection shall be approved or firearm, a dangerous weapon, or an explosive

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17638 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 or incendiary device, attempts to cause bod- ‘‘(4) the term ‘gender identity’ for the pur- for Fiscal Year 2009 (Public Law 110–417; 122 ily injury to any person, because of the ac- poses of this chapter means actual or per- Stat. 4556) is amended— tual or perceived religion, national origin, ceived gender-related characteristics.’’. (1) by redesignating paragraphs (6) and (7) gender, sexual orientation, gender identity (b) TECHNICAL AND CONFORMING AMEND- as paragraphs (8) and (9), respectively; and or disability of any person— MENT.—The analysis for chapter 13 of title 18, (2) by inserting after paragraph (5) the fol- ‘‘(i) shall be imprisoned not more than 10 United States Code, is amended by adding at lowing new paragraphs: years, fined in accordance with this title, or the end the following: ‘‘(6) Each audit report that, as determined both; and ‘‘249. Hate crime acts.’’. by an Inspector General or the head of an ‘‘(ii) shall be imprisoned for any term of SEC. l08. STATISTICS. audit agency responsible for the report, con- years or for life, fined in accordance with (a) IN GENERAL.—Subsection (b)(1) of the tains significant adverse information about a this title, or both, if— first section of the Hate Crime Statistics Act contractor that should be included in the ‘‘(I) death results from the offense; or (28 U.S.C. 534 note) is amended by inserting database. ‘‘(II) the offense includes kidnapping or an ‘‘gender and gender identity,’’ after ‘‘race,’’. ‘‘(7) Each contract action that, as deter- attempt to kidnap, aggravated sexual abuse (b) DATA.—Subsection (b)(5) of the first mined by the head of the contracting activ- or an attempt to commit aggravated sexual section of the Hate Crime Statistics Act (28 ity responsible for the contract action, re- abuse, or an attempt to kill. U.S.C. 534 note) is amended by inserting ‘‘, flects information about contractor perform- ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur- including data about crimes committed by, ance or integrity that should be included in poses of subparagraph (A), the circumstances and crimes directed against, juveniles’’ after the database.’’. described in this subparagraph are that— ‘‘data acquired under this section’’. ‘‘(i) the conduct described in subparagraph SEC. l09. SEVERABILITY. SA 1513. Mrs. LINCOLN (for herself, (A) occurs during the course of, or as the re- If any provision of this division, an amend- Mr. BYRD, Ms. LANDRIEU, and Mr. sult of, the travel of the defendant or the ment made by this division, or the applica- TESTER) submitted an amendment in- victim— tion of such provision or amendment to any tended to be proposed by her to the bill person or circumstance is held to be uncon- ‘‘(I) across a State line or national border; S. 1390, to authorize appropriations for or stitutional, the remainder of this division, the amendments made by this division, and fiscal year 2010 for military activities ‘‘(II) using a channel, facility, or instru- of the Department of Defense, for mili- mentality of interstate or foreign commerce; the application of the provisions of such to ‘‘(ii) the defendant uses a channel, facility, any person or circumstance shall not be af- tary construction, and for defense ac- fected thereby. or instrumentality of interstate or foreign tivities of the Department of Energy, commerce in connection with the conduct SEC. l10. RULE OF CONSTRUCTION. to prescribe military personnel described in subparagraph (A); For purposes of construing this division strengths for such fiscal year, and for ‘‘(iii) in connection with the conduct de- and the amendments made by this division other purposes; which was ordered to the following shall apply: scribed in subparagraph (A), the defendant lie on the table; as follows: (1) RELEVANT EVIDENCE.—Courts may con- employs a firearm, dangerous weapon, explo- sider relevant evidence of speech, beliefs, or At the end of subtitle C of title VII, add sive or incendiary device, or other weapon expressive conduct to the extent that such the following: that has traveled in interstate or foreign evidence is offered to prove an element of a SEC. 724. REQUIREMENT FOR PROVISION OF commerce; or charged offense or is otherwise admissible MEDICAL AND DENTAL READINESS ‘‘(iv) the conduct described in subpara- under the Federal Rules of Evidence. Noth- SERVICES TO CERTAIN MEMBERS OF graph (A)— THE SELECTED RESERVE AND INDI- ing in this division is intended to affect the ‘‘(I) interferes with commercial or other VIDUAL READY RESERVE BASED ON existing rules of evidence. economic activity in which the victim is en- MEDICAL NEED. (2) VIOLENT ACTS.—This division applies to gaged at the time of the conduct; or (a) IN GENERAL.—Section 1074a(g)(1) of title violent acts motivated by actual or per- 10, United States Code, is amended— ‘‘(II) otherwise affects interstate or foreign ceived race, color, religion, national origin, commerce. (1) by striking ‘‘may provide’’ and insert- gender, sexual orientation, gender identity ing ‘‘shall provide’’; and ‘‘(3) OFFENSES OCCURRING IN THE SPECIAL or disability of a victim. MARITIME OR TERRITORIAL JURISDICTION OF (2) by striking ‘‘if the Secretary deter- (3) CONSTITUTIONAL PROTECTIONS.—Nothing mines’’ and inserting ‘‘, as applicable, if a THE UNITED STATES.—Whoever, within the in this division shall be construed to prohibit special maritime or territorial jurisdiction qualified health care professional deter- any constitutionally protected speech, ex- mines, based on the member’s most recent of the United States, commits an offense de- pressive conduct or activities (regardless of scribed in paragraph (1) or (2) shall be sub- annual medical exam or annual dental exam, whether compelled by, or central to, a sys- as the case may be,’’. ject to the same penalties as prescribed in tem of religious belief), including the exer- those paragraphs. (b) FUNDING.—Subject to applicable provi- cise of religion protected by the First sions of appropriations Acts, amounts avail- ‘‘(b) CERTIFICATION REQUIREMENT.— Amendment and peaceful picketing or dem- able to the Department of Defense for the ‘‘(1) IN GENERAL.—No prosecution of any of- onstration. The Constitution does not pro- Defense Health Program shall be available fense described in this subsection may be un- tect speech, conduct or activities consisting for the provision of medical and dental serv- dertaken by the United States, except under of planning for, conspiring to commit, or ices under section 1074a(g)(1) of title 10, the certification in writing of the Attorney committing an act of violence. United States Code, in accordance with the General, or his designee, that— (4) FREE EXPRESSION.—Nothing in this divi- amendments made by subsection (a). ‘‘(A) the State does not have jurisdiction; sion shall be construed to allow prosecution (c) BUDGETING FOR HEALTH CARE.—In deter- ‘‘(B) the State has requested that the Fed- based solely upon an individual’s expression mining the amounts to be required for med- eral Government assume jurisdiction; of racial, religious, political, or other beliefs ical and dental readiness services for mem- ‘‘(C) the verdict or sentence obtained pur- or solely upon an individual’s membership in bers of the Selected Reserve and the Indi- suant to State charges left demonstratively a group advocating or espousing such beliefs. vidual Ready Reserve under section unvindicated the Federal interest in eradi- 1074a(g)(1) of title 10, United States Code (as cating bias-motivated violence; or SA 1512. Mr. DORGAN submitted an amended by subsection (a)), for purposes of ‘‘(D) a prosecution by the United States is amendment intended to be proposed by the budget of the President for fiscal years in the public interest and necessary to se- him to the bill S. 1390, to authorize ap- after fiscal year 2010, as submitted to Con- cure substantial justice. propriations for fiscal year 2010 for gress pursuant to section 1105 of title 31, ‘‘(2) RULE OF CONSTRUCTION.—Nothing in United States Code, the Assistant Secretary this subsection shall be construed to limit military activities of the Department of Defense, for military construction, of Defense for Health Affairs shall consult the authority of Federal officers, or a Fed- with appropriate officials having responsi- eral grand jury, to investigate possible viola- and for defense activities of the De- bility for the administration of the reserve tions of this section. partment of Energy, to prescribe mili- components of the Armed Forces, including ‘‘(c) DEFINITIONS.—In this section— tary personnel strengths for such fiscal the Chief of the National Guard Bureau with ‘‘(1) the term ‘‘bodily injury’’ has the year, and for other purposes; which was respect to the National Guard. meaning given such term in section 1365(h)(4) ordered to lie on the table; as follows: (d) MEDICAL AND DENTAL SCREENING FOR of this title, but does not include solely emo- On page 259, between lines 12 and 13, insert READY RESERVE MEMBERS ALERTED FOR MO- tional or psychological harm to the victim; the following: BILIZATION.—Section 1074a(f)(1) of title 10, ‘‘(2) the term ‘explosive or incendiary de- SEC. 824. MODIFICATIONS TO DATABASE FOR United States Code, is amended by striking vice’ has the meaning given such term in FEDERAL AGENCY CONTRACT AND ‘‘may provide’’ and inserting ‘‘shall pro- section 232 of this title; GRANT OFFICERS AND SUSPENSION vide’’. ‘‘(3) the term ‘firearm’ has the meaning AND DEBARMENT OFFICIALS. given such term in section 921(a) of this title; Subsection (c) of section 872 of the Duncan SA 1514. Mr. SANDERS (for himself and Hunter National Defense Authorization Act and Mrs. LINCOLN) submitted an

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17639 amendment intended to be proposed by (ii) by striking subsection (g). SEC. 323. TEMPORARY SUSPENSION OF AUTHOR- him to the bill S. 1390, to authorize ap- (D) In section 1455(c), by striking ‘‘, ITY FOR PUBLIC-PRIVATE COMPETI- TIONS. propriations for fiscal year 2010 for 1450(k)(2),’’. (b) PROHIBITION ON RETROACTIVE BENE- (a) TEMPORARY SUSPENSION.—No study or military activities of the Department FITS.—No benefits may be paid to any person competition regarding the conversion to per- of Defense, for military construction, for any period before the effective date pro- formance by a contractor of any Department and for defense activities of the De- vided under subsection (f) by reason of the of Defense function may be begun or an- partment of Energy, to prescribe mili- amendments made by subsection (a). nounced pursuant to section 2461 of title 10, tary personnel strengths for such fiscal (c) PROHIBITION ON RECOUPMENT OF CERTAIN United States Code, Office of Management year, and for other purposes; which was AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- and Budget Circular A–76, or any other au- CIPIENTS.—A surviving spouse who is or has ordered to lie on the table; as follows: thority until September 30, 2010, or the date been in receipt of an annuity under the Sur- on which the Secretary of Defense submits At the end of subtitle G of title V, add the vivor Benefit Plan under subchapter II of to the congressional defense committees the following: chapter 73 of title 10, United States Code, certification described in subsection (b), SEC. 573. ISSUANCE OF CERTIFICATE OF RE- that is in effect before the effective date pro- whichever is later. LEASE OR DISCHARGE FROM ACTIVE vided under subsection (f) and that is ad- (b) CERTIFICATION REQUIREMENT.—The cer- DUTY TO MEMBERS OF THE ARMED justed by reason of the amendments made by FORCES WHO SERVE ON ACTIVE tification described in this subsection is a subsection (a) and who has received a refund certification that— DUTY IN SUPPORT OF A CONTIN- of retired pay under section 1450(e) of title GENCY OPERATION FOR LESS THAN (1) the Secretary of Defense has completed 10, United States Code, shall not be required 90 DAYS. and submitted to Congress a complete inven- to repay such refund to the United States. (a) ISSUANCE REQUIRED.—Each Secretary of tory of contracts for services for or on behalf (d) REPEAL OF AUTHORITY FOR OPTIONAL a military department shall modify applica- of the Department of Defense in compliance ANNUITY FOR DEPENDENT CHILDREN.—Section ble regulations to provide for the issuance of 1448(d) of such title is amended— with the requirements of subsection (c) of a Certificate of Release or Discharge from (1) in paragraph (1), by striking ‘‘Except as section 2330a of title 10, United States Code; Active Duty (DD Form 214) to each member provided in paragraph (2)(B), the Secretary and of the Armed Forces (including a member of concerned’’ and inserting ‘‘The Secretary (2) the Secretary of each military depart- the National Guard or Reserve) under the ju- concerned’’; and ment and the head of each Defense Agency risdiction of such Secretary who serves on (2) in paragraph (2)— responsible for activities in the inventory is active duty in the Armed Forces in support (A) by striking ‘‘DEPENDENT CHILDREN.—’’ in compliance with the review and planning of a contingency operation upon the separa- and all that follows through ‘‘In the case of requirements of subsection (e) of such section of the member from such service, re- a member described in paragraph (1),’’ and tion. gardless of whether the period of such serv- inserting ‘‘DEPENDENT CHILDREN ANNUITY SEC. 323A. PUBLIC-PRIVATE COMPETITION RE- ice is less than 90 days. The regulations shall WHEN NO ELIGIBLE SURVIVING SPOUSE.—In the QUIRED BEFORE CONVERSION OF be so modified not later than 180 days after case of a member described in paragraph ANY DEPARTMENT OF DEFENSE FUNCTION PERFORMED BY CIVILIAN the date of the enactment of this Act. (1),’’; and (b) CONTINGENCY OPERATION DEFINED.—In EMPLOYEES TO CONTRACTOR PER- (B) by striking subparagraph (B). this section, the term ‘‘contingency oper- FORMANCE. (e) RESTORATION OF ELIGIBILITY FOR PRE- ation’’ has the meaning given that term in (a) REQUIREMENT.—Section 2461(a)(1) of VIOUSLY ELIGIBLE SPOUSES.—The Secretary section 101(a)(13) of title 10, United States of the military department concerned shall title 10, United States Code, is amended— Code. restore annuity eligibility to any eligible (1) by striking ‘‘A function’’ and inserting surviving spouse who, in consultation with ‘‘No function’’; SA 1515. Mr. NELSON of Florida sub- the Secretary, previously elected to transfer (2) by striking ‘‘10 or more’’; and mitted an amendment intended to be payment of such annuity to a surviving child (3) by striking ‘‘may not be converted’’ and proposed by him to the bill S. 1390, to or children under the provisions of section inserting ‘‘may be converted’’. authorize appropriations for fiscal year 1448(d)(2)(B) of title 10, United States Code, (b) EFFECTIVE DATE.—The amendments 2010 for military activities of the De- as in effect on the day before the effective made by subsection (a) shall apply with respect to a function for which a public-private partment of Defense, for military con- date provided under subsection (f). Such eligibility shall be restored whether or not pay- competition is commenced on or after the struction, and for defense activities of ment to such child or children subsequently date of the enactment of this Act. the Department of Energy, to prescribe was terminated due to loss of dependent sta- SEC. 323B. TIME LIMITATION ON DURATION OF military personnel strengths for such tus or death. For the purposes of this sub- PUBLIC-PRIVATE COMPETITIONS. fiscal year, and for other purposes; section, an eligible spouse includes a spouse (a) TIME LIMITATION.—Section 2461(a) of which was ordered to lie on the table; who was previously eligible for payment of title 10, United States Code, is amended by as follows: such annuity and is not remarried, or remar- adding at the end the following new para- ried after having attained age 55, or whose At the end of subtitle D of title VI, add the graph: second or subsequent marriage has been ter- following: ‘‘(5)(A) The duration of a public-private minated by death, divorce or annulment. SEC. lll. REPEAL OF REQUIREMENT OF RE- competition conducted pursuant to Office of (f) EFFECTIVE DATE.—The sections and the Management and Budget Circular A–76 or DUCTION OF SBP SURVIVOR ANNU- amendments made by this section shall take any other provision of law for any function ITIES BY DEPENDENCY AND INDEM- effect on the later of— NITY COMPENSATION. of the Department of Defense performed by (1) the first day of the first month that be- (a) REPEAL.— Department of Defense civilian employees gins after the date of the enactment of this (1) IN GENERAL.—Subchapter II of chapter may not exceed a period of 720 days, com- Act; or 73 of title 10, United States Code, is amended mencing on the date on which the prelimi- (2) the first day of the fiscal year that be- as follows: nary planning for the public-private com- gins in the calendar year in which this Act is (A) In section 1450, by striking subsection petition begins through the date on which a enacted. (c). performance decision is rendered with re- (B) In section 1451(c)— SA 1516. Mr. CASEY (for himself, Mr. spect to the function. (i) by striking paragraph (2); and ‘‘(B) The time period specified in subpara- BROWN, Mr. SCHUMER, Mrs. GILLIBRAND, (ii) by redesignating paragraphs (3) and (4) graph (A) for a public-private competition as paragraphs (2) and (3), respectively. Ms. MIKULSKI, and Mrs. MURRAY) sub- does not include any day during which the (2) CONFORMING AMENDMENTS.—Such submitted an amendment intended to be public-private competition is delayed by rea- chapter is further amended as follows: proposed by him to the bill S. 1390, to son of a protest before the Government Ac- (A) In section 1450— authorize appropriations for fiscal year countability Office or the United States (i) by striking subsection (e); 2010 for military activities of the De- Court of Federal Claims unless the Secretary (ii) by striking subsection (k); and partment of Defense, for military con- of Defense determines that the delay is (iii) by striking subsection (m). struction, and for defense activities of caused by issues being raised during the ap- (B) In section 1451(g)(1), by striking sub- the Department of Energy, to prescribe pellate process that were not previously paragraph (C). military personnel strengths for such raised during the competition. (C) In section 1452— ‘‘(C) In this paragraph, the term ‘prelimi- (i) in subsection (f)(2), by striking ‘‘does fiscal year, and for other purposes; nary planning’ with respect to a public-pri- not apply—’’ and all that follows and insert- which was ordered to lie on the table; vate competition means any action taken to ing ‘‘does not apply in the case of a deduc- as follows: carry out any of the following activities: tion made through administrative error.’’; On page 77, strike lines 1 through 26 and in- ‘‘(i) Determining the scope of the competi- and sert the following: tion.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17640 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 ‘‘(ii) Conducting research to determine the associated with preparing for and carrying (2) by inserting after subparagraph (E) the appropriate grouping of functions for the out a pending study as well as all costs that following new subparagraph (F): competition. would be associated with converting func- ‘‘(F) cancel the solicitation issued pursu- ‘‘(iii) Assessing the availability of work- tions to performance by a contractor and ant to the public-private competition con- load data, quantifiable outputs of functions, transitioning the Federal employee work- ducted under Office of Management and and agency or industry performance stand- force. Budget Circular A–76 or any successor pol- ards applicable to the competition. (e) RECOMMENCING A STUDY.—The Sec- icy;’’; and ‘‘(iv) Determining the baseline cost of any retary of Defense may not recommence a (3) in subparagraph (G), as redesignated by function for which the competition is con- study halted pursuant to subsection (a) until paragraph (1), by striking ‘‘, and (E)’’ and inducted.’’. 30 days after the Comptroller General has serting ‘‘, (E), and (G)’’. (b) EFFECTIVE DATE.—Paragraph (5) of sec- submitted to the Committees on Armed (e) APPLICABILITY.—The amendments made tion 2461(a) of title 10, United States Code, as Services of the Senate and the House of Rep- by this section shall apply— added by subsection (a), shall apply with re- resentatives the report required under sub- (1) to any protest or civil action that respect to a public-private competition cov- section (d). lates to a public-private competition con- ered by such section that is being conducted SEC. 323D. REQUIREMENT FOR DEBRIEFINGS RE- ducted after the date of the enactment of on or after the date of the enactment of this LATED TO CONVERSION OF FUNC- this Act under Office of Management and Act. TIONS FROM PERFORMANCE BY Budget Circular A–76, or any successor cir- FEDERAL EMPLOYEES TO PERFORM- SEC. 323C. TERMINATION OF CERTAIN PUBLIC- ANCE BY A CONTRACTOR. cular; or PRIVATE COMPETITIONS FOR CON- The Administrator for Federal Procure- (2) to a decision made after the date of the VERSION OF DEPARTMENT OF DE- enactment of this Act to convert a function FENSE FUNCTIONS TO PERFORM- ment Policy shall revise the Federal Acquisi- tion Regulation to allow for pre-award and or part thereof performed by Federal em- ANCE BY A CONTRACTOR. ployees to private sector performance with- (a) TEMPORARY SUSPENSION OF PENDING post-award debriefings of Federal employee out a competition under Office of Manage- STUDIES.—The Secretary of Defense shall representatives in the case of a conversion of ment and Budget Circular A–76. halt all pending public-private competitions any function from performance by Federal being conducted pursuant to section 2461 of employees to performance by a contractor. SEC. 323E. AMENDMENTS TO BID PROTEST PRO- SA 1517. Mr. BUNNING submitted an title 10, United States Code, or Office of amendment intended to be proposed by Management and Budget Circular A–76 that CEDURES BY FEDERAL EMPLOYEES AND AGENCY OFFICIALS IN CONVER- had not resulted in conversion to perform- him to the bill S. 1390, to authorize ap- SIONS OF FUNCTIONS FROM PER- propriations for fiscal year 2010 for ance to a contractor as of March 26, 2009, FORMANCE BY FEDERAL EMPLOY- until such time as the Secretary may review EES TO PERFORMANCE BY A CON- military activities of the Department such competitions. TRACTOR. of Defense, for military construction, (b) REVIEW AND APPROVAL PROCESS.— (a) PROTEST JURISDICTION OF THE COMP- and for defense activities of the De- (1) REVIEW REQUIRED.—Before recom- TROLLER GENERAL.—Section 3551(1) of title partment of Energy, to prescribe mili- mencing any pending study for a public-pri- 31, United States Code, is amended by adding tary personnel strengths for such fiscal vate competition halted under subsection at the end the following new subparagraph: year, and for other purposes; which was (a), the Secretary of Defense shall review all ‘‘(E) Conversion of a function or part ordered to lie on the table; as follows: the studies halted by reason of that sub- thereof that is being performed by Federal section and take the following actions with employees to private sector performance.’’. On page 90, between lines 18 and 19, insert respect to each such study: (b) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE the following: (A) Describe the methodology and data COMPETITIONS.—Clause (i) of paragraph (2)(B) SEC. 335. MULTIYEAR CONTRACT AUTHORITY sources along with outside resources to gath- of section 3551 of title 31, United States Code, FOR DEPARTMENT OF DEFENSE FOR is amended to read as follows: PROCUREMENT OF ALTERNATIVE er and analyze information necessary to esti- FUELS. ‘‘(i) any official who is responsible for sub- mate cost savings. (a) MULTIYEAR CONTRACTS FOR THE PRO- mitting the agency tender in such competi- (B) Certify that the estimated savings are CUREMENT OF ALTERNATIVE FUELS AUTHOR- tion; and’’. still achievable. IZED.— (c) PREJUDICE TO FEDERAL EMPLOYEES.— (C) Document the rationale for rejecting (1) IN GENERAL.—Chapter 141 of title 10, (1) IN GENERAL.—Section 3557 of title 31, an individual command’s request to cancel, United States Code, is amended by adding at United States Code, is amended— defer, or reduce the scope of a decision to the end the following: conduct the study. (A) by inserting ‘‘(a) EXPEDITED ACTION.—’’ before ‘‘For any protest’’; and ‘‘SEC. 2410r. MULTIYEAR CONTRACT AUTHORITY: (D) Consider alternatives to the study that PURCHASE OF ALTERNATIVE FUELS. would provide savings and improve perform- (B) by adding at the end the following new ‘‘The head of an agency (as defined in sec- ance such as internal reorganizations. subsection: tion 2302) may enter into contracts for a pe- ‘‘(b) INJURY TO FEDERAL EMPLOYEES.—In (E) Include any other relevant information riod of not to exceed 20 years for the pur- the case of a protest filed by an interested to justify recommencement of the study. chase of alternative fuels.’’. party described in subparagraph (B) of sec- (2) TERMINATION OF CERTAIN STUDIES.—The (2) CLERICAL AMENDMENT.—The table of tion 3551(2) of this title, a showing that a Secretary of Defense shall terminate any sections of chapter 141 of title 10, United Federal employee has been displaced from study for a public-private competition that States Code, is amended by adding at the end performing a function or part thereof, or will was or has been conducted for longer than 30 be displaced as a direct result of the action the following: months (beginning with preliminary plan- protested, and that function is being per- ‘‘Sec. 2410r. Multiyear contract authority: ning and ending with a performance decision, formed by the private sector, or will be per- purchase of alternative fuels.’’. excluding time expended because of a bid formed by the private sector as a direct re- (b) REGULATIONS.—Not later than 120 days protest, but not additional time required to sult of the action protested, is sufficient evi- after the date of the enactment of this Act, conduct the study subsequent to a bid pro- dence that a conversion has occurred result- the Secretary of Defense shall issue regula- test), consistent with section 8023 of the De- ing in concrete injury and prejudice to the tions that authorize the head of an agency to partment of Defense Appropriations Act, 2009 Federal employee as a consequence of agency enter into a multiyear contract as author- (division C of Public Law 110–329; 122 Stat. action.’’. ized by section 2410r of title 10, United States 3626). Code (as added by subsection (a)), only if the (2) CONFORMING AND CLERICAL AMEND- (c) CONGRESSIONAL NOTIFICATION.—The Sec- head of the agency has determined in writing MENTS.— retary of Defense shall submit to the Com- that— (A) The heading of section 3557 of such title mittees on Armed Services of the Senate and (1) there is a reasonable expectation that, is amended to read as follows: the House of Representatives a report de- throughout the contemplated contract pe- scribing the actions taken by the Secretary ‘‘§ 3557. Protests of public-private competi- riod, the head of the agency will request under paragraphs (1) and (2) of subsection (b). tions’’. funding for the contract at the level required (d) COMPTROLLER GENERAL REVIEW.—Not (B) The item relating to section 3557 in the to avoid contract cancellation; later than 45 days after the Secretary of De- table of sections at the beginning of chapter (2) the technical risks associated with the fense submits the report required under sub- 35 of such title is amended to read as follows: technologies for the production of alter- section (c), the Comptroller General of the ‘‘3557. Protests of public-private competi- native fuel under the contract are not exces- United States shall submit to the Commit- tions.’’. sive; and tees on Armed Services of the Senate and the (d) DECISIONS ON PROTESTS.—Section (3) the contract will contain appropriate House of Representatives a report on wheth- 3554(b) of title 31, United States Code, is pricing mechanisms to minimize risk to the er the review and approval process conducted amended— Federal Government from significant by the Department of Defense is in compli- (1) by redesignating subparagraphs (F) and changes in market prices for energy. ance with subsection (b) and whether it in- (G) as subparagraphs (G) and (H), respec- (c) LIMITATION ON USE OF AUTHORITY.—No cludes consideration of all costs and savings tively; contract may be entered into under section

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17641 2410r of title 10, United States Code (as so SEC. 1073. REPORT ON RE-DETERMINATION At the end of title XI of division A, insert added), until the regulations required by sub- PROCESS FOR PERMANENTLY INCA- the following: section (b) are issued. PACITATED DEPENDENTS OF RE- TIRED AND DECEASED MEMBERS OF Subtitle B—Federal Employee Retirement- THE ARMED FORCES. Related Provisions SA 1518. Mr. BURR submitted an Not later than 180 days after the date of SEC. 1121. CREDIT FOR UNUSED SICK LEAVE. amendment intended to be proposed by the enactment of this Act, the Secretary of (a) IN GENERAL.—Section 8415 of title 5, him to the bill S. 1390, to authorize ap- Defense shall submit to Congress a report on United States Code, is amended— propriations for fiscal year 2010 for the re-determination process of the Depart- (1) by redesignating the second subsection ment of Defense used to determine the eligi- military activities of the Department (k) and subsection (l) as subsections (l) and bility of permanently incapacitated depend- of Defense, for military construction, (m), respectively; and and for defense activities of the De- ents of retired and deceased members of the Armed Forces for benefits provided under (2) in subsection (l) (as so redesignated by partment of Energy, to prescribe mili- laws administered by the Secretary. The re- paragraph (1))— tary personnel strengths for such fiscal port shall include the following: (A) by striking ‘‘(l) In computing’’ and in- year, and for other purposes; which was (1) An assessment of the re-determination serting ‘‘(l)(1) In computing’’; and ordered to lie on the table; as follows: process, including the following: (B) by adding at the end the following: On page 565, after line 20, add the fol- (A) The rationale for requiring a quadren- ‘‘(2) Except as provided in paragraph (1), in lowing: nial recertification of financial support after computing an annuity under this subchapter, the total service of an employee who retires Subtitle D—Other Matters issuance of a permanent identification card to a permanently incapacitated dependent. on an immediate annuity or who dies leaving SEC. 2841. EXPANSION OF FIRST SERGEANTS (B) The administrative and other burdens a survivor or survivors entitled to annuity BARRACKS INITIATIVE. the quadrennial recertification imposes on includes the days of unused sick leave to his (a) EXPANSION OF INITIATIVE.—Not later credit under a formal leave system and for than September 30, 2011, the Secretary of the the affected sponsor and dependents, especially after the sponsor becomes ill, inca- which days the employee has not received Army shall expand the First Sergeants Bar- payment, except that these days will not be racks Initiative (FSBI) to include all Army pacitated, or deceased. (C) The extent to which the quadrennial re- counted in determining average pay or annu- installations in order to improve the quality ity eligibility under this subchapter. For of life and living environments for single sol- certification undermines the utility of issuing a permanent identification card. purposes of this subsection, in the case of diers. any such employee who is excepted from sub- (b) PROGRESS REPORTS.—Not later than (D) The extent of the consequences en- chapter I of chapter 63 under section February 15, 2010, and February 15, 2011, the tailed in eliminating the requirement for 6301(2)(x) through (xiii), the days of unused Secretary of the Army shall submit to Con- quadrennial recertification. sick leave to his credit include any unused gress a report describing the progress made (2) Specific recommendations for the fol- sick leave standing to his credit when he was in expanding the First Sergeants Barracks lowing: excepted from such subchapter.’’. Initiative to all Army installations, includ- (A) Improving the efficiency of the recer- (b) EXCEPTION FROM DEPOSIT REQUIRE- ing whether the Secretary anticipates meet- tification process. MENT.—Section 8422(d)(2) of title 5, United ing the deadline imposed by subsection (a). (B) Minimizing the burden of such process on the sponsors of such dependents. States Code, is amended by striking ‘‘section SA 1519. Mr. BURR (for himself and (C) Eliminating the requirement for quad- 8415(k)’’ and inserting ‘‘paragraph (1) or (2) of section 8415(l)’’. Mrs. HAGAN) submitted an amendment rennial recertification. intended to be proposed by him to the (c) EFFECTIVE DATE.—The amendments SA 1521. Mr. ENSIGN (for himself made by this section shall apply with respect bill S. 1390, to authorize appropriations and Mr. BROWN) submitted an amend- to annuities computed based on separations for fiscal year 2010 for military activi- ment intended to be proposed by him occurring on or after the date of enactment ties of the Department of Defense, for to the bill S. 1390, to authorize appro- of this Act. military construction, and for defense priations for fiscal year 2010 for mili- SEC. 1122. LIMITED EXPANSION OF THE CLASS OF activities of the Department of Energy, tary activities of the Department of INDIVIDUALS ELIGIBLE TO RECEIVE to prescribe military personnel AN ACTUARIALLY REDUCED ANNU- Defense, for military construction, and ITY UNDER THE CIVIL SERVICE RE- strengths for such fiscal year, and for for defense activities of the Depart- TIREMENT SYSTEM. other purposes; which was ordered to ment of Energy, to prescribe military (a) IN GENERAL.—Section 8334(d)(2)(A)(i) of lie on the table; as follows: personnel strengths for such fiscal title 5, United States Code, is amended by On page 565, after line 20, add the fol- year, and for other purposes; which was striking ‘‘October 1, 1990’’ each place it ap- lowing: ordered to lie on the table; as follows: pears and inserting ‘‘March 1, 1991’’. Subtitle D—Other Matters At the end of subtitle H of title X, add the (b) APPLICABILITY.—The amendment made SEC. 2481. PROHIBITION ON OUTLYING LANDING following: by subsection (a) shall be effective with re- FIELD AT SANDBANKS OR HALE’S SEC. 1083. EXPANSION OF STATE HOME CARE spect to any annuity, entitlement to which LAKE, NORTH CAROLINA, FOR FOR PARENTS OF VETERANS WHO is based on a separation from service occur- OCEANA NAVAL AIR STATION. DIED WHILE SERVING IN ARMED ring on or after the date of enactment of this The Secretary of the Navy may not estab- FORCES. Act. lish, consider the establishment of, or pur- In administering section 51.210(d) of title SEC. 1123. COMPUTATION OF CERTAIN ANNU- chase land, construct facilities, implement 38, Code of Federal Regulations, the Sec- ITIES BASED ON PART-TIME SERV- bird management plans, or conduct any retary of Veterans Affairs shall permit a ICE. other activities that would facilitate the es- State home to provide services to, in addi- (a) IN GENERAL.—Section 8339(p) of title 5, tablishment of an outlying landing field at tion to non-veterans described in such sub- United States Code, is amended by adding at either of the proposed sites in North Caro- section, a non-veteran any of whose children the end the following: lina, Sandbanks or Hale’s Lake, to support died while serving in the Armed Forces. ‘‘(3) In the administration of paragraph field carrier landing practice for naval air- Mr. AKAKA (for himself, Ms. (1)— craft operating out of Oceana, Naval Air Sta- SA 1522. ‘‘(A) subparagraph (A) of such paragraph tion, Virginia. COLLINS, Mr. LIEBERMAN, Mr. VOINO- shall apply with respect to service performed VICH, Ms. MURKOWSKI, Mr. BEGICH, Mr. before, on, or after April 7, 1986; and SA 1520. Mr. BURR submitted an KOHL, Ms. MIKULSKI, Mr. CARDIN, Mr. ‘‘(B) subparagraph (B) of such paragraph— amendment intended to be proposed by INOUYE, Mr. WEBB, and Mr. WARNER) ‘‘(i) shall apply with respect to that por- him to the bill S. 1390, to authorize ap- submitted an amendment intended to tion of any annuity which is attributable to propriations for fiscal year 2010 for be proposed by him to the bill S. 1390, service performed on or after April 7, 1986; military activities of the Department to authorize appropriations for fiscal and of Defense, for military construction, year 2010 for military activities of the ‘‘(ii) shall not apply with respect to that and for defense activities of the De- Department of Defense, for military portion of any annuity which is attributable partment of Energy, to prescribe mili- construction, and for defense activities to service performed before April 7, 1986.’’. (b) APPLICABILITY.—The amendment made tary personnel strengths for such fiscal of the Department of Energy, to pre- by subsection (a) shall be effective with re- year, and for other purposes; which was scribe military personnel strengths for spect to any annuity, entitlement to which ordered to lie on the table; as follows: such fiscal year, and for other pur- is based on a separation from service occur- At the end of subtitle G of title X, add the poses; which was ordered to lie on the ring on or after the date of enactment of this following: table; as follows: Act.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17642 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009

SEC. 1124. AUTHORITY TO DEPOSIT REFUNDS (2) TREATMENT OF DETENTION OFFICER SERV- chapter III of chapter 83 or chapter 84 of title UNDER FERS. ICE AS LAW ENFORCEMENT OFFICER SERVICE.— 5, United States Code (other than by virtue (a) DEPOSIT AUTHORITY.—Section 8422 of Any portion of an individual’s qualifying of section 8331(1)(iv) of such title). title 5, United States Code, is amended by District of Columbia service which consisted (c) CERTIFICATION OF SERVICE.—The Office adding at the end the following: of service as a detention officer under sec- of Personnel Management shall accept the ‘‘(i)(1) Each employee or Member who has tion 2604(2) of the District of Columbia Gov- certification of the appropriate personnel of- received a refund of retirement deductions ernment Comprehensive Merit Personnel Act ficial of the government of the District of under this or any other retirement system of 1978 (sec. 1–626.04(2), D.C. Official Code) Columbia or other independent employing established for employees of the Government shall be treated as service as a law enforce- entity concerning whether an individual per- covering service for which such employee or ment officer under sections 8331(20) or formed qualifying District of Columbia serv- Member may be allowed credit under this 8401(17) of title 5, United States Code, for ice and the length of the period of such serv- chapter may deposit the amount received, purposes of applying paragraph (1) with re- ice the individual performed. with interest. Credit may not be allowed for spect to the individual. SEC. 1126. RETIREMENT TREATMENT OF CER- the service covered by the refund until the (3) SERVICE NOT INCLUDED IN COMPUTING TAIN SECRET SERVICE EMPLOYEES. deposit is made. AMOUNT OF ANY ANNUITY.—Qualifying Dis- (a) DEFINITION.—In this section the term ‘‘(2) Interest under this subsection shall be trict of Columbia service shall not be taken ‘‘covered employee’’ means an individual computed in accordance with paragraphs (2) into account for purposes of computing the who— and (3) of section 8334(e) and regulations pre- amount of any benefit payable out of the (1) was hired as a member of the United scribed by the Office. The option under the Civil Service Retirement and Disability States Secret Service Division during the pe- third sentence of section 8334(e)(2) to make a Fund. riod beginning on January 1, 1984 through deposit in one or more installments shall (b) QUALIFYING DISTRICT OF COLUMBIA December 31, 1986; apply to deposits under this subsection. SERVICE DEFINED.—In this section, ‘‘quali- (2) has actively performed duties other ‘‘(3) For the purpose of survivor annuities, fying District of Columbia service’’ means than clerical for 10 or more years directly re- deposits authorized by this subsection may any of the following: lated to the protection mission of the United also be made by a survivor of an employee or (1) Service performed by an individual as a States Secret Service described under sec- Member.’’. nonjudicial employee of the District of Co- tion 3056 of title 18, United States Code; (b) TECHNICAL AND CONFORMING AMEND- lumbia courts— (3) is serving as a member of the United MENTS.— (A) which was performed prior to the effec- States Secret Service Division or the United (1) DEFINITIONAL AMENDMENT.—Section tive date of the amendments made by section States Secret Service Uniform Division (or 8401(19)(C) of title 5, United States Code, is 11246(b) of the Balanced Budget Act of 1997; any successor entity) on the effective date of amended by striking ‘‘8411(f);’’ and inserting and this section; and ‘‘8411(f) or 8422(i);’’. (B) for which the individual did not ever (4) files an election to be a covered em- (2) CREDITING OF DEPOSITS.—Section 8422(c) receive credit under the provisions of sub- ployee under subsection (b)(1). of title 5, United States Code, is amended by chapter III of chapter 83 or chapter 84 of title (b) ELECTION OF COVERAGE.— adding at the end the following: ‘‘Deposits 5, United States Code (other than by virtue (1) IN GENERAL.—Not later than 60 days made by an employee, Member, or survivor of section 8331(1)(iv) of such title). after the date of enactment of this Act, an also shall be credited to the Fund.’’. (2) Service performed by an individual as individual described under subsection (a)(1), (3) SECTION HEADING.—(A) The heading for an employee of an entity of the District of (2), and (3) may file an election with the section 8422 of title 5, United States Code, is Columbia government whose functions were United States Secret Service to be a covered amended to read as follows: transferred to the Pretrial Services, Parole, employee and to transition to the District of ‘‘§ 8422. Deductions from pay; contributions Adult Supervision, and Offender Supervision Columbia Police and Fire Fighter Retire- for other service; deposits’’. Trustee under section 11232 of the Balanced ment and Disability System. (B) The analysis for chapter 84 of title 5, Budget Act of 1997— (2) NOTIFICATION.—Not later than 30 days United States Code, is amended by striking (A) which was performed prior to the effec- after the date of enactment of this Act, the the item relating to section 8422 and insert- tive date of the individual’s coverage as an Office of Personnel Management and the ing the following: employee of the Federal Government under United States Secret Service shall notify ‘‘8422. Deductions from pay; contributions section 11232(f) of such Act; and each individual described under subsection for other service; deposits.’’. (B) for which the individual did not ever (a)(1), (2), and (3) that the individual is quali- (4) RESTORATION OF ANNUITY RIGHTS.—The receive credit under the provisions of sub- fied to file an election under paragraph (1). last sentence of section 8424(a) of title 5, chapter III of chapter 83 or chapter 84 of title (c) RETIREMENT COVERAGE CONVERSION.— United States Code, is amended by striking 5, United States Code (other than by virtue (1) IN GENERAL.—Not later than 180 days ‘‘based.’’ and inserting ‘‘based, until the em- of section 8331(1)(iv) of such title). after the date of enactment of this Act, and ployee or Member is reemployed in the serv- (3) Service performed by an individual as in consultation with the Secretary of Home- ice subject to this chapter.’’. an employee of the District of Columbia land Security and the Thrift Savings Board, SEC. 1125. RETIREMENT CREDIT FOR SERVICE OF Public Defender Service— the Office of Personnel Management shall CERTAIN EMPLOYEES TRANS- (A) which was performed prior to the effec- prescribe regulations to carry out the re- FERRED FROM DISTRICT OF COLUM- tive date of the amendments made by section sponsibilities of the Federal Government BIA SERVICE TO FEDERAL SERVICE. 7(e) of the District of Columbia Courts and under this section. The regulations pre- (a) RETIREMENT CREDIT.— Justice Technical Corrections Act of 1998; scribed under this paragraph shall provide (1) IN GENERAL.—Any individual who is and for transition of covered employees from the treated as an employee of the Federal Gov- (B) for which the individual did not ever Federal Employees’ Retirement System to ernment for purposes of chapter 83 or chap- receive credit under the provisions of sub- the Civil Service Retirement System. ter 84 of title 5, United States Code, on or chapter III of chapter 83 or chapter 84 of title (2) TREATMENT OF COVERED EMPLOYEES.— after the date of enactment of this Act who 5, United States Code (other than by virtue (A) ELECTION OF COVERAGE.— performed qualifying District of Columbia of section 8331(1)(iv) of such title). (i) IN GENERAL.—If a covered employee files service shall be entitled to have such service (4) In the case of an individual who was an an election under subsection (b)(1), the cov- included in calculating the individual’s cred- employee of the District of Columbia Depart- ered employee shall, subject to clause (ii), be itable service under sections 8332 or 8411 of ment of Corrections who was separated from converted from the Federal Employees’ Re- title 5, United States Code, but only for pur- service as a result of the closing of the tirement System to the Civil Service Retire- poses of the following provisions of such Lorton Correctional Complex and who was ment System. title: appointed to a position with the Bureau of (ii) COVERAGE IN DISTRICT OF COLUMBIA RE- (A) Sections 8333 and 8410 (relating to eligi- Prisons, the District of Columbia courts, the TIREMENT SYSTEM.— bility for annuity). Pretrial Services, Parole, Adult Supervision, (I) IN GENERAL.—Chapter 7 of title 5 of the (B) Sections 8336 (other than subsections and Offender Supervision Trustee, the United District of Columbia Code shall apply with (d), (h), and (p) thereof) and 8412 (relating to States Parole Commission, or the District of respect to a covered employee on the date on immediate retirement). Columbia Public Defender Service, service which the covered employee transitions to (C) Sections 8338 and 8413 (relating to de- performed by the individual as an employee the Civil Service Retirement System. ferred retirement). of the District of Columbia Department of (II) AUTHORIZATION FOR DISTRICT OF COLUM- (D) Sections 8336(d), 8336(h), 8336(p), and Corrections— BIA.—The government of the District of Co- 8414 (relating to early retirement). (A) which was performed prior to the effec- lumbia shall provide for the coverage of cov- (E) Section 8341 and subchapter IV of chap- tive date of the individual’s coverage as an ered employees in the District of Columbia ter 84 (relating to survivor annuities). employee of the Federal Government; and Police and Fire Fighter Retirement and Dis- (F) Section 8337 and subchapter V of chap- (B) for which the individual did not ever ability System in accordance with this sec- ter 84 (relating to disability benefits). receive credit under the provisions of sub- tion.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17643

(B) THRIFT SAVINGS PLAN.—A covered em- (i) in subparagraph (A), by striking ‘‘and’’ percentage rate in effect on December 31, ployee shall forfeit, under procedures pre- after the semicolon; 2009; and scribed by the Executive Director of the Fed- (ii) in subparagraph (B) by striking the pe- ‘‘(ii) dividing the resulting percentage de- eral Retirement Thrift Investment Board, all riod and inserting ‘‘; and’’; and termined under clause (i) by the sum of— Thrift Savings Plan contributions and asso- (iii) by adding after subparagraph (B) the ‘‘(I) one; and ciated earnings made by an employing agen- following: ‘‘(II) the applicable locality-based com- cy pursuant to section 8432(c) of title 5, ‘‘(C) positions under subsection (h)(1)(C) parability payment percentage expressed as United States Code. Any amounts remaining not covered by appraisal systems certified a numeral. in the Thrift Savings Plan account of the under section 5382; and’’; and ‘‘(3) No allowance rate computed under covered employee may be transferred to a (B) by adding at the end the following: paragraph (2) may be less than zero. private account or the District of Columbia ‘‘(3) The applicable maximum under this ‘‘(4) Each allowance rate computed under Police and Firefighter Retirement and Dis- subsection shall be level II of the Executive paragraph (2) shall be paid as a percentage of ability System. Schedule for positions under subsection basic pay (including any applicable locality- (C) FORFEITURE OF SOCIAL SECURITY BENE- (h)(1)(C) covered by appraisal systems cer- based comparability payment under section FITS.— tified under section 5307(d).’’; and 5304 or similar provision of law and any ap- (i) CONTRIBUTIONS.—Upon conversion into (3) in subsection (h)(1)— plicable special rate of pay under section 5305 the Civil Service Retirement System, a cov- (A) in subparagraph (B) by striking ‘‘and’’ or similar provision of law).’’. ered employee shall forfeit all contributions after the semicolon; SEC. 1143. ADJUSTMENT OF SPECIAL RATES. made for purposes of title II of the Social Se- (B) by redesignating subparagraph (C) as (a) IN GENERAL.—Each special rate of pay curity Act on the basis of the covered em- subparagraph (D); established under section 5305 of title 5, ployee’s employment with the United States (C) by inserting after subparagraph (B) the United States Code, and payable in an area Secret Service under sections 3101(a) and following: designated as a cost-of-living allowance area 3111(a) of the Internal Revenue Code of 1986. ‘‘(C) a Senior Executive Service position under section 5941(a) of that title, shall be All forfeited funds shall remain in the Fed- under section 3132 or 3151 or a senior level adjusted, on the dates prescribed by section eral Old-Age and Survivors Insurance Trust position under section 5376 stationed within 1144 of this subtitle, in accordance with regu- Fund and the Federal Disability Insurance the United States, but outside the 48 contig- lations prescribed by the Director of the Of- Trust Fund, as applicable. Notwithstanding uous States and the District of Columbia in fice of Personnel Management under section paragraphs (4) and (5) of section 205(c) of the which the incumbent was an individual who 1148 of this subtitle. Social Security Act, the Commissioner of on the day before the date of enactment of (b) AGENCIES WITH STATUTORY AUTHOR- Social Security shall change or delete any the Non-Foreign Area Retirement Equity As- ITY.— entry with respect to wages of a covered em- surance Act of 2009 was eligible to receive a (1) IN GENERAL.—Each special rate of pay ployee that are forfeited under this clause. cost-of-living allowance under section 5941; established under an authority described (ii) BENEFITS.— and’’; under paragraph (2) and payable in a location (I) IN GENERAL.—No individual shall be en- (D) in clause (iv) in the matter following designated as a cost-of-living allowance area titled to any benefit under title II of the So- subparagraph (D), by inserting ‘‘, except for under section 5941(a)(1) of title 5, United cial Security Act based on wages for which members covered by subparagraph (C)’’ be- States Code, shall be adjusted in accordance the contributions were forfeited under clause fore the semicolon; and with regulations prescribed by the applicable (i). (E) in clause (v) in the matter following head of the agency that are consistent with (II) NO EFFECT ON MEDICARE BENEFITS.— subparagraph (D), by inserting ‘‘, except for the regulations issued by the Director of the Notwithstanding the forfeiture by a covered members covered by subparagraph (C)’’ be- Office of Personnel Management under sub- employee under clause (i), such contribu- fore the semicolon. section (a). tions shall continue to be treated as having (b) ALLOWANCES BASED ON LIVING COSTS (2) STATUTORY AUTHORITY.—The authority been made while performing medicare quali- AND CONDITIONS OF ENVIRONMENT.—Section referred to under paragraph (1), is any statu- fied government employment (as defined in 5941 of title 5, United States Code, is amend- tory authority that— section 210(p) of the Social Security Act) for ed— (A) is similar to the authority exercised purposes of sections 226 and 226A of that Act. (1) in subsection (a), by adding after the under section 5305 of title 5, United States (3) IMPLEMENTATION.—The Office of Per- last sentence ‘‘Notwithstanding any pre- Code; sonnel Management, the Department of ceding provision of this subsection, the cost- (B) is exercised by the head of an agency Homeland Security, the Social Security Ad- of-living allowance rate based on paragraph when the head of the agency determines it to ministration, and the Thrift Savings Board (1) shall be the cost-of-living allowance rate be necessary in order to obtain or retain the shall take such actions as necessary to pro- in effect on the date of enactment of the services of persons specified by statute; and vide for the implementation of this section. Non-Foreign Area Retirement Equity Assur- (C) authorizes the head of the agency to in- (d) EFFECTIVE DATE.— ance Act of 2009, except as adjusted under crease the minimum, intermediate, or max- (1) IN GENERAL.—Except as provided under subsection (c).’’; imum rates of basic pay authorized under ap- paragraph (2), this section shall take effect (2) by redesignating subsection (b) as sub- plicable statutes and regulations. on the first day of the first applicable pay section (d); and (c) TEMPORARY ADJUSTMENT.—Regulations period that begins 180 days after the date of (3) by inserting after subsection (a) the fol- issued under subsection (a) or (b) may pro- enactment of this Act. lowing: vide that statutory limitations on the (2) ELECTIONS AND IMPLEMENTATION.—Sub- ‘‘(b) This section shall apply only to areas amount of such special rates may be tempo- sections (b) and (c)(1) and (3) shall take ef- that are designated as cost-of-living allow- rarily raised to a higher level during the fect on the date of enactment of this Act. ance areas as in effect on December 31, 2009. transition period described in section 1144 Subtitle C—Non-Foreign Area Retirement ‘‘(c)(1) The cost-of-living allowance rate ending on the first day of the first pay period Equity Assurance payable under this section shall be adjusted beginning on or after January 1, 2012, at on the first day of the first applicable pay which time any special rate of pay in excess SEC. 1141. SHORT TITLE. period beginning on or after— of the applicable limitation shall be con- This subtitle may be cited as the ‘‘Non- ‘‘(A) January 1, 2010; and verted to a retained rate under section 5363 Foreign Area Retirement Equity Assurance ‘‘(B) January 1 of each calendar year in of title 5, United States Code. Act of 2009’’ or the ‘‘Non-Foreign AREA Act which a locality-based comparability adjust- SEC. 1144. TRANSITION SCHEDULE FOR LOCAL- of 2009’’. ment takes effect under section 1144 (2) and ITY-BASED COMPARABILITY PAY- SEC. 1142. EXTENSION OF LOCALITY PAY. (3) of the Non-Foreign Area Retirement Eq- MENTS. (a) LOCALITY-BASED COMPARABILITY PAY- uity Assurance Act of 2009. Notwithstanding any other provision of MENTS.—Section 5304 of title 5, United States ‘‘(2)(A) In this paragraph, the term ‘appli- this subtitle or section 5304 or 5304a of title Code, is amended— cable locality-based comparability pay per- 5, United States Code, in implementing the (1) in subsection (f)(1), by striking subpara- centage’ means, with respect to calendar amendments made by this subtitle, for each graph (A) and inserting the following: year 2010 and each calendar year thereafter, non-foreign area determined under section ‘‘(A) each General Schedule position in the the applicable percentage under section 1144 5941(b) of that title, the applicable rate for United States, as defined under section (1), (2), or (3) of Non-Foreign Area Retire- the locality-based comparability adjustment 5921(4), and its territories and possessions, ment Equity Assurance Act of 2009. that is used in the computation required including the Commonwealth of Puerto Rico ‘‘(B) Each adjusted cost-of-living allowance under section 5941(c) of that title shall be ad- and the Commonwealth of the Northern Mar- rate under paragraph (1) shall be computed justed effective on the first day of the first iana Islands, shall be included within a pay by— pay period beginning on or after January 1— locality;’’; ‘‘(i) subtracting 65 percent of the applica- (1) in calendar year 2010, by using 1⁄3 of the (2) in subsection (g)— ble locality-based comparability pay per- locality pay percentage for the rest of United (A) in paragraph (2)— centage from the cost-of-living allowance States locality pay area;

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17644 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009

(2) in calendar year 2011, by using 2⁄3 of the United States Code, for his position (but for (IV) is eligible to be paid under any other otherwise applicable comparability payment that maximum rate limitation) due to the authority a cost-of-living allowance that is approved by the President for each non-for- operation of this subtitle, the employee shall equivalent to the cost-of-living allowance eign area; and continue to receive the cost-of-living allow- under section 5941 of title 5, United States (3) in calendar year 2012 and each subse- ance rate in effect on December 31, 2009 with- Code. quent year, by using the full amount of the out adjustment until— (2) APPLICATION TO COVERED EMPLOYEES.— applicable comparability payment approved (A) the employee leaves the allowance area (A) IN GENERAL.—Notwithstanding any by the President for each non-foreign area. or pay system; or other provision of law, for purposes of this SEC. 1145. SAVINGS PROVISION. (B) the employee is entitled to receive subtitle (including the amendments made by (a) SENSE OF CONGRESS.—It is the sense of basic pay (including any applicable locality- this subtitle) any covered employee shall be Congress that— based comparability payment or similar sup- treated as an employee to whom section 5941 (1) the application of this subtitle to any plement) at a higher rate, of title 5, United States Code (as amended by employee should not result in a decrease in but, when any such position becomes vacant, section 1142 of this subtitle), and section 1144 the take home pay of that employee; the pay of any subsequent appointee thereto of this subtitle apply. (2) in calendar year 2012 and each subse- shall be fixed in the manner provided by ap- (B) PAY FIXED BY STATUTE.—Pay to covered quent year, no employee shall receive less plicable law and regulation. employees under section 5304 or 5304a of title than the Rest of the U.S. locality pay rate; (3) LOCALITY-BASED COMPARABILITY PAY- 5, United States Code, as a result of the ap- (3) concurrent with the surveys next con- MENTS.—Any employee covered under para- plication of this subtitle shall be considered ducted under the provisions of section graph (2) shall receive any applicable local- to be fixed by statute. 5304(d)(1)(A) of title 5, United States Code, ity-based comparability payment extended (C) PERFORMANCE APPRAISAL SYSTEM.— beginning after the date of the enactment of under section 1144 of this subtitle which is With respect to a covered employee who is this Act, the Bureau of Labor Statistics not in excess of the maximum rate set under subject to a performance appraisal system no should conduct separate surveys to deter- section 5304(g) of title 5, United States Code, part of pay attributable to locality-based mine the extent of any pay disparity (as de- for his position including any future increase comparability payments as a result of the fined by section 5302 of that title) that may to statutory pay limitations under 5318 of application of this subtitle including section exist with respect to positions located in the title 5, United States Code. Notwithstanding 5941 of title 5, United States Code (as amend- State of Alaska, the State of Hawaii, and the paragraph (2), to the extent that an em- ed by section 1142 of this subtitle), may be United States territories, including Amer- ployee covered under that paragraph receives reduced on the basis of the performance of ican Samoa, Guam, Commonwealth of the any amount of locality-based comparability that employee. Northern Mariana Islands, Commonwealth of payment, the cost-of-living allowance rate (b) POSTAL EMPLOYEES IN NON-FOREIGN Puerto Rico, and the United States Virgin under that paragraph shall be reduced ac- Islands; cordingly, as provided under section AREAS.— (4) if the surveys under paragraph (3) indi- 5941(c)(2)(B) of title 5, United States Code. (1) IN GENERAL.—Section 1005(b) of title 39, cate that the pay disparity determined for United States Code, is amended— the State of Alaska, the State of Hawaii, or SEC. 1146. APPLICATION TO OTHER ELIGIBLE EM- (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; any 1 of the United States territories includ- PLOYEES. (B) by striking ‘‘Section 5941,’’ and inserting American Samoa, Guam, Commonwealth (a) IN GENERAL.— ing ‘‘Except as provided under paragraph (2), of the Northern Mariana Islands, Common- (1) DEFINITION.—In this subsection, the section 5941’’; wealth of Puerto Rico, and the United States term ‘‘covered employee’’ means— (C) by striking ‘‘For purposes of such sec- Virgin Islands exceeds the pay disparity de- (A) any employee who— tion,’’ and inserting ‘‘Except as provided termined for the locality which (for purposes (i) on the day before the date of enactment under paragraph (2), for purposes of section of section 5304 of that title) is commonly of this Act— 5941 of that title,’’; and known as the ‘‘Rest of the United States’’, (I) was eligible to be paid a cost-of-living (D) by adding at the end the following: the President’s Pay Agent should take ap- allowance under 5941 of title 5, United States ‘‘(2) On and after the date of enactment of propriate measures to provide that each such Code; and the Non-Foreign Area Retirement Equity As- surveyed area be treated as a separate pay (II) was not eligible to be paid locality- surance Act of 2009— locality for purposes of that section; and based comparability payments under 5304 or ‘‘(A) the provisions of that Act and section (5) the President’s Pay Agent will establish 5304a of that title; or 5941 of title 5 shall apply to officers and em- 1 locality area for the entire State of Hawaii (ii) on or after the date of enactment of ployees covered by section 1003 (b) and (c) and 1 locality area for the entire State of this Act becomes eligible to be paid a cost- whose duty station is in a nonforeign area; Alaska. of-living allowance under 5941 of title 5, and (b) SAVINGS PROVISIONS.— United States Code; or ‘‘(B) with respect to officers and employees (1) IN GENERAL.—During the period de- (B) any employee who— of the Postal Service (other than those offi- scribed under section 1144 of this subtitle, an (i) on the day before the date of enactment cers and employees described under subpara- employee paid a special rate under 5305 of of this Act— graph (A)) of section 1146(b)(2) of that Act title 5, United States Code, who the day be- (I) was eligible to be paid an allowance shall apply.’’. fore the date of enactment of this Act was el- under section 1603(b) of title 10, United (2) CONTINUATION OF COST OF LIVING ALLOW- igible to receive a cost-of-living allowance States Code; ANCE.— under section 5941 of title 5, United States (II) was eligible to be paid an allowance (A) IN GENERAL.—Notwithstanding any Code, and who continues to be officially sta- under section 1005(b) of title 39, United other provision of this subtitle, any em- tioned in an allowance area, shall receive an States Code; ployee of the Postal Service (other than an increase in the employee’s special rate con- (III) was employed by the Transportation employee covered by section 1003 (b) and (c) sistent with increases in the applicable spe- Security Administration of the Department of title 39, United States Code, whose duty cial rate schedule. For employees in allow- of Homeland Security and was eligible to be station is in a nonforeign area) who is paid ance areas, the minimum step rate for any paid an allowance based on section 5941 of an allowance under section 1005(b) of that grade of a special rate schedule shall be in- title 5, United States Code; or title shall be treated for all purposes as if creased at the time of an increase in the ap- (IV) was eligible to be paid under any other the provisions of this subtitle (including the plicable locality rate percentage for the al- authority a cost-of-living allowance that is amendments made by this subtitle) had not lowance area by not less than the dollar in- equivalent to the cost-of-living allowance been enacted, except that the cost-of-living crease in the locality-based comparability under section 5941 of title 5, United States allowance rate paid to that employee— payment for a non-special rate employee at Code; or (i) may result in the allowance exceeding the same minimum step provided under sec- (ii) on or after the date of enactment of 25 percent of the rate of basic pay of that tion 1144 of this subtitle, and corresponding this Act— employee; and increases shall be provided for all step rates (I) becomes eligible to be paid an allowance (ii) shall be the greater of— of the given pay range. under section 1603(b) of title 10, United (I) the cost-of-living allowance rate in ef- (2) CONTINUATION OF COST OF LIVING ALLOW- States Code; fect on December 31, 2009 for the applicable ANCE RATE.—If an employee, who the day be- (II) becomes eligible to be paid an allow- area; or fore the date of enactment of this Act was el- ance under section 1005(b) of title 39, United (II) the applicable locality-based com- igible to receive a cost-of-living allowance States Code; parability pay percentage under section 1144. under section 5941 of title 5, United States (III) is employed by the Transportation Se- (B) RULE OF CONSTRUCTION.—Nothing in Code, would receive a rate of basic pay and curity Administration of the Department of this subtitle shall be construed to— applicable locality-based comparability pay- Homeland Security and becomes eligible to (i) provide for an employee described under ment which is in excess of the maximum rate be paid an allowance based on section 5941 of subparagraph (A) to be a covered employee limitation set under section 5304(g) of title 5, title 5, United States Code; or as defined under subsection (a); or

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17645 (ii) authorize an employee described under regulations to carry out this subtitle, includ- spect to any annuitant who is employed in subparagraph (A) to file an election under ing— such agency as a limited time appointee, if section 1147 of this subtitle. (1) rules for special rate employees de- the head of the agency determines that the SEC. 1147. ELECTION OF ADDITIONAL BASIC PAY scribed under section 1143; employment of the annuitant is necessary FOR ANNUITY COMPUTATION BY EM- (2) rules for adjusting rates of basic pay for to— PLOYEES. employees in pay systems administered by ‘‘(A) fulfill functions critical to the mis- (a) DEFINITION.—In this section the term the Office of Personnel Management when sion of the agency, or any component of that ‘‘covered employee’’ means any employee— such employees are not entitled to locality- agency; (1) to whom section 1144 applies; based comparability payments under section ‘‘(B) assist in the implementation or over- (2) who is separated from service by reason 5304 of title 5, United States Code, without sight of the American Recovery and Rein- of retirement under chapter 83 or 84 of title regard to otherwise applicable statutory pay vestment Act of 2009 (Public Law 111–5) or 5, United States Code, during the period of limitations during the transition period de- the Troubled Asset Relief Program under January 1, 2010, through December 31, 2012; scribed in section 1144 ending on the first day title I of the Emergency Economic Stabiliza- and of the first pay period beginning on or after tion Act of 2008 (12 U.S.C. 5201 et seq.); (3) who files an election with the Office of January 1, 2012; and ‘‘(C) assist in the development, manage- Personnel Management under subsection (b). (3) rules governing establishment and ad- ment, or oversight of agency procurement (b) ELECTION.— justment of saved or retained rates for any actions; (1) IN GENERAL.—An employee described employee whose rate of pay exceeds applica- ‘‘(D) assist the Inspector General for that under subsection (a) (1) and (2) may file an ble pay limitations on the first day of the agency in the performance of the mission of election with the Office of Personnel Man- first pay period beginning on or after Janu- that Inspector General; agement to be covered under this section. ary 1, 2012. ‘‘(E) promote appropriate training or men- (2) DEADLINE.—An election under this sub- (b) OTHER PAY SYSTEMS.—With the concur- toring programs of employees; section may be filed not later than December rence of the Director of the Office of Per- 31, 2012. ‘‘(F) assist in the recruitment or retention (c) COMPUTATION OF ANNUITY.— sonnel Management, the administrator of a of employees; or (1) IN GENERAL.—Except as provided under pay system not administered by the Office of ‘‘(G) respond to an emergency involving a paragraph (2), for purposes of the computa- Personnel Management shall prescribe regu- direct threat to life or property or other un- tion of an annuity of a covered employee any lations to carry out this subtitle with re- usual circumstances. cost-of-living allowance under section 5941 of spect to employees in such pay system, con- ‘‘(3) The head of an agency may not waive title 5, United States Code, paid to that em- sistent with the regulations prescribed by the application of subsection (a) or (b) with ployee during the first applicable pay period the Office under subsection (a). With respect respect to an annuitant— beginning on or after January 1, 2010 through to employees not entitled to locality-based ‘‘(A) for more than 520 hours of service per- the first applicable pay period ending on or comparability payments under section 5304 formed by that annuitant during the period after December 31, 2012, shall be considered of title 5, United States Code, regulations ending 6 months following the individual’s basic pay as defined under section 8331(3) or prescribed under this subsection may provide annuity commencing date; 8401(4) of that title. for special payments or adjustments for em- ‘‘(B) for more than 1040 hours of service (2) LIMITATION.—The amount of the cost-of- ployees who were eligible to receive a cost- performed by that annuitant during any 12- living allowance which may be considered of-living allowance under section 5941 of that month period; or basic pay under paragraph (1) may not ex- title on the date before the date of enact- ‘‘(C) for more than a total of 3120 hours of ceed the amount of the locality-based comment of this Act. service performed by that annuitant. parability payments the employee would SEC. 1149. EFFECTIVE DATES. ‘‘(4)(A) The total number of annuitants to have received during that period for the ap- (a) IN GENERAL.—Except as provided by whom a waiver by the head of an agency plicable pay area if the limitation under sec- subsection (b), this subtitle (including the under this subsection or section 8468(i) ap- tion 1144 of this subtitle did not apply. amendments made by this subtitle) shall plies may not exceed 2.5 percent of the total (d) CIVIL SERVICE RETIREMENT AND DIS- take effect on the date of enactment of this number of full-time employees of that agen- ABILITY RETIREMENT FUND.— Act. cy. (1) EMPLOYEE CONTRIBUTIONS.—A covered (b) LOCALITY PAY AND SCHEDULE.—The ‘‘(B) If the total number of annuitants to employee shall pay into the Civil Service Re- amendments made by section 1142 and the whom a waiver by the head of an agency tirement and Disability Retirement Fund— provisions of section 1144 shall take effect on under this subsection or section 8468(i) ap- (A) an amount equal to the difference be- the first day of the first applicable pay pe- plies exceeds 1 percent of the total number of tween— riod beginning on or after January 1, 2010. full-time employees of that agency, the head (i) employee contributions that would have of that agency shall submit to the Com- Subtitle D—Part-Time Reemployment of been deducted and withheld from pay under mittee on Homeland Security and Govern- Annuitants section 8334 or 8422 of title 5, United States mental Affairs of the Senate, the Committee Code, during the period described under sub- SEC. 1161. SHORT TITLE. on Oversight and Government Reform of the section (c) of this section if the cost-of-living This subtitle may be cited as the ‘‘Part- House of Representatives, and the Office of allowances described under that subsection Time Reemployment of Annuitants Act of Personnel Management— had been treated as basic pay under section 2009’’. ‘‘(i) a report with an explanation that jus- 8331(3) or 8401(4) of title 5, United States SEC. 1162. PART-TIME REEMPLOYMENT. tifies the need for the waivers in excess of Code; and (a) CIVIL SERVICE RETIREMENT SYSTEM.— that percentage; and (ii) employee contributions that were actu- Section 8344 of title 5, United States Code, is ‘‘(ii) not later than 180 days after submit- ally deducted and withheld from pay under amended— ting the report under clause (i), a succession section 8334 or 8422 of title 5, United States (1) by redesignating subsection (l) as sub- plan. Code, during that period; and section (m); ‘‘(5)(A) The Director of the Office of Per- (B) interest as prescribed under section (2) by inserting after subsection (k) the fol- sonnel Management may promulgate regula- 8334(e) of title 5, United States Code, based lowing: tions providing for the administration of this on the amount determined under subpara- ‘‘(l)(1) For purposes of this subsection— subsection. graph (A). ‘‘(A) the term ‘head of an agency’ means— ‘‘(B) Any regulations promulgated under (2) AGENCY CONTRIBUTIONS.— ‘‘(i) the head of an Executive agency, other subparagraph (A) may— (A) IN GENERAL.—The employing agency of than the Department of Defense or the Gov- ‘‘(i) provide standards for the maintenance a covered employee shall pay into the Civil ernment Accountability Office; and form of necessary records of employment Service Retirement and Disability Retire- ‘‘(ii) the head of the United States Postal under this subsection; ment Fund an amount for applicable agency Service; ‘‘(ii) to the extent not otherwise expressly contributions based on payments made under ‘‘(iii) the Director of the Administrative prohibited by law, require employing agen- paragraph (1). Office of the United States Courts, with re- cies to provide records of such employment (B) SOURCE.—Amounts paid under this spect to employees of the judicial branch; to the Office of Personnel Management or paragraph shall be contributed from the ap- and other employing agencies as necessary to en- propriation or fund used to pay the em- ‘‘(iv) any employing authority described sure compliance with paragraph (3); ployee. under subsection (k)(2), other than the Gov- ‘‘(iii) authorize other administratively (3) REGULATIONS.—The Office of Personnel ernment Accountability Office; and convenient periods substantially equivalent Management may prescribe regulations to ‘‘(B) the term ‘limited time appointee’ to 12 months, such as 26 pay periods, to be carry out this section. means an annuitant appointed under a tem- used in determining compliance with para- SEC. 1148. REGULATIONS. porary appointment limited to 1 year or less. graph (3)(B); (a) IN GENERAL.—The Director of the Office ‘‘(2) The head of an agency may waive the ‘‘(iv) include such other administrative re- of Personnel Management shall prescribe application of subsection (a) or (b) with requirements as the Director of the Office of

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.001 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17646 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 Personnel Management may find appropriate ‘‘(3) The head of an agency may not waive (B) in paragraph (2), by striking ‘‘or (h)’’ to provide for the effective operation of, or the application of subsection (a) with respect and inserting ‘‘(h), or (i)’’. to ensure compliance with, this subsection; to an annuitant— (c) RULE OF CONSTRUCTION.—Nothing in the and ‘‘(A) for more than 520 hours of service per- amendments made by this section may be ‘‘(v) encourage the training and mentoring formed by that annuitant during the period construed to authorize the waiver of the hir- of employees by any limited time appointee ending 6 months following the individual’s ing preferences under chapter 33 of title 5, employed under this subsection. annuity commencing date; United States Code in selecting annuitants ‘‘(6)(A) Any hours of training or mentoring ‘‘(B) for more than 1040 hours of service to employ in an appointive or elective position. of employees by any limited time appointee performed by that annuitant during any 12- (d) TECHNICAL AND CONFORMING AMEND- employed under this subsection shall not be month period; or ‘‘(C) for more than a total of 3120 hours of MENTS.—Section 1005(d)(2) of title 39, United included in the hours of service performed States Code, is amended— for purposes of paragraph (3), but those hours service performed by that annuitant. ‘‘(4)(A) The total number of annuitants to (1) by striking ‘‘(l)(2)’’ and inserting of training or mentoring may not exceed 520 ‘‘(m)(2)’’; and hours. whom a waiver by the head of an agency under this subsection or section 8344(l) ap- (2) by striking ‘‘(i)(2)’’ and inserting ‘‘(B) If the primary service performed by plies may not exceed 2.5 percent of the total ‘‘(j)(2)’’. any limited time appointee employed under number of full-time employees of that agen- SEC. 1163. GENERAL ACCOUNTABILITY OFFICE this subsection is training or mentoring of cy. REPORT. employees, the hours of that service shall be ‘‘(B) If the total number of annuitants to (a) IN GENERAL.—Not later than 3 years included in the hours of service performed whom a waiver by the head of an agency after the date of enactment of this Act, the for purposes of paragraph (3). under this subsection or section 8344(l) ap- Comptroller General of the United States ‘‘(7) The authority of the head of an agency plies exceeds 1 percent of the total number of shall submit to the Committee on Homeland under this subsection to waive the applica- full-time employees of that agency, the head Security and Governmental Affairs of the tion of subsection (a) or (b) shall terminate of that agency shall submit to the Com- Senate and the Committee on Oversight and 5 years after the date of enactment of the mittee on Homeland Security and Govern- Government Reform of the House of Rep- Part-Time Reemployment of Annuitants Act mental Affairs of the Senate, the Committee resentatives a report regarding the use of the of 2009.’’; and on Oversight and Government Reform of the authority under the amendments made by (3) in subsection (m) (as so redesignated)— House of Representatives, and the Office of section 1162. (b) CONTENTS.—The report submitted under (A) in paragraph (1), by striking ‘‘(k)’’ and Personnel Management— subsection (a) shall— inserting ‘‘(l)’’; and ‘‘(i) a report with an explanation that jus- (1) include the number of annuitants for (B) in paragraph (2), by striking ‘‘or (k)’’ tifies the need for the waivers in excess of whom a waiver was made under subsection and inserting ‘‘(k), or (l)’’. that percentage; and (l) of section 8344 of title 5, United States ‘‘(ii) not later than 180 days after submit- (b) FEDERAL EMPLOYEE RETIREMENT SYS- Code, as amended by this subtitle, or sub- ting the report under clause (i), a succession TEM.—Section 8468 of title 5, United States section (i) of section 8468 of title 5, United Code, is amended— plan. States Code, as amended by this subtitle; ‘‘(5)(A) The Director of the Office of Per- (1) by redesignating subsection (i) as sub- and sonnel Management may promulgate regula- section (j); (2) identify each agency that used the au- tions providing for the administration of this (2) by inserting after subsection (h) the fol- thority described in paragraph (1). subsection. lowing: (c) AGENCY DATA.—Each head of an agency ‘‘(B) Any regulations promulgated under ‘‘(i)(1) For purposes of this subsection— (as defined under sections 8344(l)(1) and subparagraph (A) may— ‘‘(A) the term ‘head of an agency’ means— 8468(i)(1)(A) of title 5, United States Code, as ‘‘(i) provide standards for the maintenance ‘‘(i) the head of an Executive agency, other added by section 1162 of this subtitle) shall— and form of necessary records of employment than the Department of Defense or the Gov- (1) collect and maintain data necessary for under this subsection; ernment Accountability Office; purposes of the Comptroller General report ‘‘(ii) to the extent not otherwise expressly ‘‘(ii) the head of the United States Postal submitted under subsection (a); and prohibited by law, require employing agen- Service; (2) submit to the Comptroller General that cies to provide records of such employment ‘‘(iii) the Director of the Administrative data as the Comptroller General requires in to the Office or other employing agencies as Office of the United States Courts, with re- a timely fashion. necessary to ensure compliance with para- spect to employees of the judicial branch; graph (3); and SA 1523. Ms. COLLINS (for herself, ‘‘(iii) authorize other administratively ‘‘(iv) any employing authority described Mr. VOINOVICH, and Mr. KOHL) sub- convenient periods substantially equivalent under subsection (h)(2), other than the Gov- mitted an amendment intended to be to 12 months, such as 26 pay periods, to be ernment Accountability Office; and used in determining compliance with para- proposed by her to the bill S. 1390, to ‘‘(B) the term ‘limited time appointee’ graph (3)(B); authorize appropriations for fiscal year means an annuitant appointed under a tem- ‘‘(iv) include such other administrative re- 2010 for military activities of the De- porary appointment limited to 1 year or less. quirements as the Director of the Office of partment of Defense, for military con- ‘‘(2) The head of an agency may waive the Personnel Management may find appropriate struction, and for defense activities of application of subsection (a) with respect to to provide for effective operation of, or to the Department of Energy, to prescribe any annuitant who is employed in such agen- ensure compliance with, this subsection; and military personnel strengths for such cy as a limited time appointee, if the head of ‘‘(v) encourage the training and mentoring the agency determines that the employment fiscal year, and for other purposes; of employees by any limited time appointee which was ordered to lie on the table; of the annuitant is necessary to— employed under this subsection. ‘‘(A) fulfill functions critical to the mis- ‘‘(6)(A) Any hours of training or mentoring as follows: sion of the agency, or any component of that of employees by any limited time appointee At the end of title XI of division A, insert agency; employed under this subsection shall not be the following: ‘‘(B) assist in the implementation or over- included in the hours of service performed Subtitle B—Part-Time Reemployment of sight of the American Recovery and Rein- for purposes of paragraph (3), but those hours Annuitants vestment Act of 2009 (Public Law 111–5) or of training or mentoring may not exceed 520 SEC. 1161. SHORT TITLE. the Troubled Asset Relief Program under hours. This subtitle may be cited as the ‘‘Part- title I of the Emergency Economic Stabiliza- ‘‘(B) If the primary service performed by Time Reemployment of Annuitants Act of tion Act of 2008 (12 U.S.C. 5201 et seq.); any limited time appointee employed under 2009’’. ‘‘(C) assist in the development, manage- this subsection is training or mentoring of SEC. 1162. PART-TIME REEMPLOYMENT. ment, or oversight of agency procurement employees, the hours of that service shall be (a) CIVIL SERVICE RETIREMENT SYSTEM.— actions; included in the hours of service performed Section 8344 of title 5, United States Code, is ‘‘(D) assist the Inspector General for that for purposes of paragraph (3). amended— agency in the performance of the mission of ‘‘(7) The authority of the head of an agency (1) by redesignating subsection (l) as sub- that Inspector General; under this subsection to waive the applica- section (m); ‘‘(E) promote appropriate training or mention of subsection (a) shall terminate 5 years (2) by inserting after subsection (k) the fol- toring programs of employees; after the date of enactment of the Part-Time lowing: ‘‘(F) assist in the recruitment or retention Reemployment of Annuitants Act of 2009.’’; ‘‘(l)(1) For purposes of this subsection— of employees; or and ‘‘(A) the term ‘head of an agency’ means— ‘‘(G) respond to an emergency involving a (3) in subsection (j) (as so redesignated)— ‘‘(i) the head of an Executive agency, other direct threat to life or property or other un- (A) in paragraph (1), by striking ‘‘(h)’’ and than the Department of Defense or the Gov- usual circumstances. inserting ‘‘(i)’’; and ernment Accountability Office;

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.002 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17647 ‘‘(ii) the head of the United States Postal ‘‘(ii) to the extent not otherwise expressly ‘‘(C) assist in the development, manage- Service; prohibited by law, require employing agen- ment, or oversight of agency procurement ‘‘(iii) the Director of the Administrative cies to provide records of such employment actions; Office of the United States Courts, with re- to the Office of Personnel Management or ‘‘(D) assist the Inspector General for that spect to employees of the judicial branch; other employing agencies as necessary to en- agency in the performance of the mission of and sure compliance with paragraph (3); that Inspector General; ‘‘(iv) any employing authority described ‘‘(iii) authorize other administratively ‘‘(E) promote appropriate training or men- under subsection (k)(2), other than the Gov- convenient periods substantially equivalent toring programs of employees; ernment Accountability Office; and to 12 months, such as 26 pay periods, to be ‘‘(F) assist in the recruitment or retention ‘‘(B) the term ‘limited time appointee’ used in determining compliance with para- of employees; or means an annuitant appointed under a tem- graph (3)(B); ‘‘(G) respond to an emergency involving a porary appointment limited to 1 year or less. ‘‘(iv) include such other administrative redirect threat to life of property or other un- ‘‘(2) The head of an agency may waive the quirements as the Director of the Office of usual circumstances. application of subsection (a) or (b) with re- Personnel Management may find appropriate ‘‘(3) The head of an agency may not waive spect to any annuitant who is employed in to provide for the effective operation of, or the application of subsection (a) with respect such agency as a limited time appointee, if to ensure compliance with, this subsection; to an annuitant— the head of the agency determines that the and ‘‘(A) for more than 520 hours of service per- employment of the annuitant is necessary ‘‘(v) encourage the training and mentoring formed by that annuitant during the period to— of employees by any limited time appointee ending 6 months following the individual’s ‘‘(A) fulfill functions critical to the mis- employed under this subsection. annuity commencing date; sion of the agency, or any component of that ‘‘(6)(A) Any hours of training or mentoring ‘‘(B) for more than 1040 hours of service agency; of employees by any limited time appointee performed by that annuitant during any 12- ‘‘(B) assist in the implementation or over- employed under this subsection shall not be month period; or sight of the American Recovery and Rein- included in the hours of service performed ‘‘(C) for more than a total of 3120 hours of vestment Act of 2009 (Public Law 111–5) or for purposes of paragraph (3), but those hours service performed by that annuitant. the Troubled Asset Relief Program under of training or mentoring may not exceed 520 ‘‘(4)(A) The total number of annuitants to title I of the Emergency Economic Stabiliza- hours. whom a waiver by the head of an agency tion Act of 2008 (12 U.S.C. 5201 et seq.); under this subsection or section 8344(l) ap- ‘‘(C) assist in the development, manage- ‘‘(B) If the primary service performed by plies may not exceed 2.5 percent of the total ment, or oversight of agency procurement any limited time appointee employed under number of full-time employees of that agen- actions; this subsection is training or mentoring of cy. ‘‘(D) assist the Inspector General for that employees, the hours of that service shall be ‘‘(B) If the total number of annuitants to agency in the performance of the mission of included in the hours of service performed whom a waiver by the head of an agency that Inspector General; for purposes of paragraph (3). under this subsection or section 8344(l) ap- ‘‘(E) promote appropriate training or men- ‘‘(7) The authority of the head of an agency plies exceeds 1 percent of the total number of toring programs of employees; under this subsection to waive the applica- full-time employees of that agency, the head ‘‘(F) assist in the recruitment or retention tion of subsection (a) or (b) shall terminate of that agency shall submit to the Com- of employees; or 5 years after the date of enactment of the mittee on Homeland Security and Govern- ‘‘(G) respond to an emergency involving a Part-Time Reemployment of Annuitants Act mental Affairs of the Senate, the Committee direct threat to life of property or other un- of 2009.’’; and on Oversight and Government Reform of the usual circumstances. (3) in subsection (m) (as so redesignated)— House of Representatives, and the Office of ‘‘(3) The head of an agency may not waive (A) in paragraph (1), by striking ‘‘(k)’’ and Personnel Management— the application of subsection (a) or (b) with inserting ‘‘(l)’’; and ‘‘(i) a report with an explanation that jus- respect to an annuitant— (B) in paragraph (2), by striking ‘‘or (k)’’ tifies the need for the waivers in excess of ‘‘(A) for more than 520 hours of service per- and inserting ‘‘(k), or (l)’’. that percentage; and formed by that annuitant during the period (b) FEDERAL EMPLOYEE RETIREMENT SYS- ‘‘(ii) not later than 180 days after submit- ending 6 months following the individual’s TEM.—Section 8468 of title 5, United States ting the report under clause (i), a succession annuity commencing date; Code, is amended— plan. ‘‘(B) for more than 1040 hours of service (1) by redesignating subsection (i) as sub- ‘‘(5)(A) The Director of the Office of Per- performed by that annuitant during any 12- section (j); sonnel Management may promulgate regula- month period; or (2) by inserting after subsection (h) the fol- tions providing for the administration of this ‘‘(C) for more than a total of 3120 hours of lowing: subsection. ‘‘(B) Any regulations promulgated under service performed by that annuitant. ‘‘(i)(1) For purposes of this subsection— ‘‘(4)(A) The total number of annuitants to subparagraph (A) may— ‘‘(A) the term ‘head of an agency’ means— ‘‘(i) provide standards for the maintenance whom a waiver by the head of an agency ‘‘(i) the head of an Executive agency, other under this subsection or section 8468(i) ap- and form of necessary records of employment than the Department of Defense or the Gov- under this subsection; plies may not exceed 2.5 percent of the total ernment Accountability Office; number of full-time employees of that agen- ‘‘(ii) to the extent not otherwise expressly ‘‘(ii) the head of the United States Postal prohibited by law, require employing agency. Service; ‘‘(B) If the total number of annuitants to cies to provide records of such employment ‘‘(iii) the Director of the Administrative whom a waiver by the head of an agency to the Office or other employing agencies as Office of the United States Courts, with re- under this subsection or section 8468(i) ap- necessary to ensure compliance with para- spect to employees of the judicial branch; plies exceeds 1 percent of the total number of graph (3); and full-time employees of that agency, the head ‘‘(iii) authorize other administratively ‘‘(iv) any employing authority described of that agency shall submit to the Com- convenient periods substantially equivalent under subsection (h)(2), other than the Gov- mittee on Homeland Security and Govern- to 12 months, such as 26 pay periods, to be ernment Accountability Office; and mental Affairs of the Senate, the Committee used in determining compliance with para- ‘‘(B) the term ‘limited time appointee’ on Oversight and Government Reform of the graph (3)(B); House of Representatives, and the Office of means an annuitant appointed under a tem- ‘‘(iv) include such other administrative re- Personnel Management— porary appointment limited to 1 year or less. quirements as the Director of the Office of ‘‘(i) a report with an explanation that jus- ‘‘(2) The head of an agency may waive the Personnel Management may find appropriate tifies the need for the waivers in excess of application of subsection (a) with respect to to provide for effective operation of, or to that percentage; and any annuitant who is employed in such agen- ensure compliance with, this subsection; and ‘‘(ii) not later than 180 days after submit- cy as a limited time appointee, if the head of ‘‘(v) encourage the training and mentoring ting the report under clause (i), a succession the agency determines that the employment of employees by any limited time appointee plan. of the annuitant is necessary to— employed under this subsection. ‘‘(5)(A) The Director of the Office of Per- ‘‘(A) fulfill functions critical to the mis- ‘‘(6)(A) Any hours of training or mentoring sonnel Management may promulgate regula- sion of the agency, or any component of that of employees by any limited time appointee tions providing for the administration of this agency; employed under this subsection shall not be subsection. ‘‘(B) assist in the implementation or over- included in the hours of service performed ‘‘(B) Any regulations promulgated under sight of the American Recovery and Rein- for purposes of paragraph (3), but those hours subparagraph (A) may— vestment Act of 2009 (Public Law 111–5) or of training or mentoring may not exceed 520 ‘‘(i) provide standards for the maintenance the Troubled Asset Relief Program under hours. and form of necessary records of employment title I of the Emergency Economic Stabiliza- ‘‘(B) If the primary service performed by under this subsection; tion Act of 2008 (12 U.S.C. 5201 et seq.); any limited time appointee employed under

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.002 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17648 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 this subsection is training or mentoring of title, and interest of the United States in the SEC. 652. CONTINUATION OF MILITARY COM- employees, the hours of that service shall be property described in subsection (b) if, upon PENSATION FOR RESERVE COMPO- included in the hours of service performed the completion of the contracts referenced in NENT MEMBERS DURING PHYSICAL for purposes of paragraph (3). subsection (b), the Secretary determines EVALUATION BOARD PROCESS AND FOR CERTAIN OTHER RESERVE ‘‘(7) The authority of the head of an agency that it is no longer in the best interest of the COMPONENT MEMBERS. under this subsection to waive the applica- Army to recover the property and there are tion of subsection (a) shall terminate 5 years no statutory, regulatory, or other impedi- Section 1218 of title 10, United States Code, after the date of enactment of the Part-Time ments to the transfer. is amended by adding at the end the fol- Reemployment of Annuitants Act of 2009.’’; (b) DESCRIPTION OF PROPERTY.—The exact lowing new subsections: and legal description of the property transferred ‘‘(d)(1) The Secretary of a military depart- (3) in subsection (j) (as so redesignated)— under this section shall be determined by the ment shall give a member of a reserve com- (A) in paragraph (1), by striking ‘‘(h)’’ and Secretary following an inventory. In general, ponent under the jurisdiction of the Sec- inserting ‘‘(i)’’; and such property consists of all United States retary who is being evaluated by a physical (B) in paragraph (2), by striking ‘‘or (h)’’ Government property procured for the evaluation board for separation or retire- and inserting ‘‘(h), or (i)’’. United States Army Engineered Surfaces for ment for disability under this chapter or for (c) RULE OF CONSTRUCTION.—Nothing in the Weapons System Life Extension Program placement on the temporary disability re- amendments made by this section may be and in the possession of Alion Science and tired list or inactive status list under this construed to authorize the waiver of the hir- Technology Corporation and the University chapter the option to remain on active duty ing preferences under chapter 33 of title 5, of North Dakota, both located in Grand in order to continue to receive pay and al- United States Code in selecting annuitants Forks, North Dakota, and assigned to the lowances under title 37 during the physical to employ in an appointive or elective posi- following contracts: FA4600–06–D–0003, evaluation board process until such time as tion. SPO7000–97–D–4001, and AMPTIAC–05–0001. the member— (c) CONDITION OF TRANSFER.—The transfer (d) TECHNICAL AND CONFORMING AMEND- ‘‘(A) is cleared by the board to return to authorized under subsection (a) shall be sub- MENTS.—Section 1005(d)(2) of title 39, United duty; or States Code, is amended— ject to the condition that the University of ‘‘(B) is separated, retired, or placed on (1) by striking ‘‘(l)(2)’’ and inserting North Dakota enters into an agreement with the temporary disability retired list or inac- ‘‘(m)(2)’’; and the Secretary that governs future uses of the tive status list. (2) by striking ‘‘(i)(2)’’ and inserting transferred property. (d) ADDITIONAL TERMS AND CONDITIONS.— ‘‘(2) A member may change the election ‘‘(j)(2)’’. The Secretary may require such additional under paragraph (1) at any point during the SEC. 1163. GENERAL ACCOUNTABILITY OFFICE terms and conditions in connection with the physical evaluation board process and be re- REPORT. transfer under this section as the Secretary leased from active duty. (a) IN GENERAL.—Not later than 3 years determines appropriate to protect the inter- ‘‘(3) The requirements in paragraph (1) after the date of enactment of this Act, the ests of the United States. shall expire on the date that is five years Comptroller General of the United States (e) DATES OF TRANSFER.—Any transfer of after the date of the enactment of the Na- shall submit to the Committee on Homeland property under this section shall take effect tional Defense Authorization Act for Fiscal Security and Governmental Affairs of the not later than 180 days after the date of the Year 2010. Senate and the Committee on Oversight and enactment of this Act, or upon completion Government Reform of the House of Rep- ‘‘(e) A member contemplating the exercise and termination of the contracts identified of an option under subsection (d) may exer- resentatives a report regarding the use of the in subsection (b), whichever occurs later. authority under the amendments made by cise such option only after consultation with (f) DELEGATION.—The Secretary may dele- a member of the applicable judge advocate section 1162. gate roles and responsibilities under this sec- general’s corps.’’. (b) CONTENTS.—The report submitted under tion to one or more subordinates as needed. subsection (a) shall— SEC. 653. ENCOURAGEMENT OF USE OF LOCAL (1) include the number of annuitants for SA 1525. Mr. ISAKSON (for himself RESIDENCES FOR CERTAIN RE- whom a waiver was made under subsection and Mr. CHAMBLISS) submitted an SERVE COMPONENT MEMBERS. (l) of section 8344 of title 5, United States amendment intended to be proposed by Section 1222 of title 10, United States Code, Code, as amended by this subtitle, or sub- him to the bill S. 1390, to authorize ap- is amended by adding at the end the fol- section (i) of section 8468 of title 5, United propriations for fiscal year 2010 for lowing new subsection: States Code, as amended by this subtitle; ‘‘(d) USE OF LOCAL RESIDENCES FOR CER- and military activities of the Department of Defense, for military construction, TAIN RESERVE COMPONENT MEMBERS.—(1)(A) (2) identify each agency that used the au- A member of a reserve component described thority described in paragraph (1). and for defense activities of the De- by subparagraph (B) shall be permitted to re- (c) AGENCY DATA.—Each head of an agency partment of Energy, to prescribe mili- side at the member’s permanent place of res- (as defined under sections 8344(l)(1) and tary personnel strengths for such fiscal idence if residing at that location is medi- 8468(i)(1)(A) of title 5, United States Code, as year, and for other purposes; which was cally feasible, as determined by a licensed added by section 1162 of this subtitle) shall— ordered to lie on the table; as follows: health care provider. (1) collect and maintain data necessary for On page 245, between lines 3 and 4, insert ‘‘(B) A member of a reserve component de- purposes of the Comptroller General report the following: scribed by this subparagraph is any member submitted under subsection (a); and SEC. 803. REPEAL OF SUNSET OF AUTHORITY TO remaining on active duty under section (2) submit to the Comptroller General that PROCURE FIRE RESISTANT RAYON 1218(d) of this title during the period the data as the Comptroller General requires in FIBER FOR THE PRODUCTION OF member is on active duty under such sub- a timely fashion. UNIFORMS FROM FOREIGN section. SOURCES. SA 1524. Mr. DORGAN submitted an Subsection (f) of section 829 of the National ‘‘(2) Nothing in this subsection shall be amendment intended to be proposed by Defense Authorization Act for Fiscal Year construed as terminating, altering, or otherwise affecting the authority of the com- him to the bill S. 1390, to authorize ap- 2008 (Public Law 110–181; 122 Stat. 229; 10 U.S.C. 2533a note) is repealed. mander of a member described in paragraph propriations for fiscal year 2010 for (1)(B) to order the member to perform duties military activities of the Department SA 1526. Mr. FEINGOLD (for himself, consistent with the member’s fitness for of Defense, for military construction, Ms. MURKOWSKI, Mrs. LINCOLN, and Mr. duty. and for defense activities of the De- BURRIS) submitted an amendment in- ‘‘(3) The Secretary concerned shall pay any partment of Energy, to prescribe mili- tended to be proposed by him to the reasonable expenses of transportation, lodg- tary personnel strengths for such fiscal bill S. 1390, to authorize appropriations ing, and meals incurred by a member residing at the member’s permanent place of resi- year, and for other purposes; which was for fiscal year 2010 for military activi- ordered to lie on the table; as follows: dence under this subsection in connection ties of the Department of Defense, for with travel from the member’s permanent At the appropriate place in title III, insert military construction, and for defense place of residence to a medical facility dur- the following: activities of the Department of Energy, ing the period in which the member is cov- SEC. ll. TRANSFER OF CERTAIN ARMY PROP- to prescribe military personnel ered by this subsection.’’. ERTY TO UNIVERSITY OF NORTH DA- KOTA. strengths for such fiscal year, and for SEC. 654. ASSISTANCE WITH TRANSITIONAL BEN- (a) AUTHORITY TO TRANSFER.—The Sec- other purposes; which was ordered to EFITS. retary of the Army shall transfer, without lie on the table; as follows: (a) IN GENERAL.—Chapter 61 of title 10, consideration, to the University of North Da- At the end of subtitle D of title VI, add the United States Code, is amended by inserting kota, Grand Forks, North Dakota, all right, following: after section 1218 the following new section:

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.002 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17649 ‘‘§ 1218a. Discharge or release from active (H) Fuels and fluids. submitted to Congress shall include the duty: transition assistance (I) Compressed gas containers. amounts necessary for funding the active- ‘‘The Secretary of a military department (J) Materials containing asbestos. duty end strength for the Army in excess of shall provide to a member of a reserve com- (K) Electrical equipment. the fiscal-year 2010 baseline. ponent under the jurisdiction of the Sec- (L) Solvents. (e) DEFINITIONS.—In this section: retary who is injured while on active duty in (M) Paint thinners and strippers. (1) FISCAL-YEAR 2010 BASELINE.—The term the armed forces the following before such (N) Rubber. ‘‘fiscal-year 2010 baseline’’, with respect to member is demobilized or separated from the (O) Preserved (treated) wood. the Army, means the active-duty end armed forces: (P) Unexploded ordnance. strength authorized for the Army in section ‘‘(1) Information on the availability of (3) MEDICAL WASTE.—The term ‘‘medical 401(1). care and administrative processing through waste’’ means any solid waste generated in (2) ACTIVE-DUTY END STRENGTH.—The term community based warrior transition units. the diagnosis, treatment, or immunization of ‘‘active-duty end strength’’, with respect to ‘‘(2) The location of the community human beings or animals, in research per- the Army for a fiscal year, means the based warrior transition unit located nearest taining thereto, or in the production of test- strength for active duty personnel of Army to the member’s permanent place of resi- ing of biologicals. as of the last day of the fiscal year. dence. ‘‘(3) An opportunity to consult with a SA 1528. Mr. LIEBERMAN (for him- SA 1529. Mr. INHOFE submitted an member of the applicable judge advocate self and Mr. GRAHAM, Mr. BEGICH, Mr. amendment intended to be proposed by general’s corps regarding the member’s eligi- CORNYN, Mrs. HUTCHISON, and Mr. him to the bill S. 1390, to authorize ap- bility for compensation, disability, or other THUNE) submitted an amendment in- propriations for fiscal year 2010 for transitional benefits.’’. tended to be proposed by him to the military activities of the Department (b) CLERICAL AMENDMENT.—The table of bill S. 1390, to authorize appropriations of Defense, for military construction, sections at the beginning of chapter 61 of for fiscal year 2010 for military activi- and for defense activities of the De- such title is amended by inserting after the item relating to section 1218 the following ties of the Department of Defense, for partment of Energy, to prescribe mili- new item: military construction, and for defense tary personnel strengths for such fiscal ‘‘1218a. Discharge or release from active activities of the Department of Energy, year, and for other purposes; which was duty; transition assistance.’’. to prescribe military personnel ordered to lie on the table; as follows: strengths for such fiscal year, and for At the end of subtitle G of title X, add the SA 1527. Mr. FEINGOLD (for himself other purposes; which was ordered to following: and Mr. WYDEN) submitted an amend- lie on the table; as follows: SEC. 1073. REPORT ON ARMY NATIONAL GUARD ment intended to be proposed by him Strike section 402 and insert the following: DOMESTIC COMMUNICATIONS CAPA- BILITY. SEC. 402. ADDITIONAL AUTHORITY FOR IN- to the bill S. 1390, to authorize appro- Not later than 30 days after completing the priations for fiscal year 2010 for mili- CREASES OF ARMY ACTIVE-DUTY END STRENGTHS FOR FISCAL YEARS evaluation of communications systems en- tary activities of the Department of 2010, 2011, AND 2012. hancements and capabilities that are needed Defense, for military construction, and (a) AUTHORITY TO INCREASE ARMY ACTIVE- for the Army National Guard to respond to for defense activities of the Depart- DUTY END STRENGTH.— natural and man-made disasters, as called ment of Energy, to prescribe military (1) AUTHORITY.—For each of fiscal years for in the Defense Science Board 2009 Report personnel strengths for such fiscal 2010, 2011, and 2012, the Secretary of Defense on Interagency Operability, the Secretary of year, and for other purposes; which was may, as the Secretary determines necessary the Army shall submit to Congress a report on the evaluation. The report required under ordered to lie on the table; as follows: for the purposes specified in paragraph (2), establish the active-duty end strength for subsection (a) shall include an assessment of At the end of subtitle B of title III, add the the Army at a number greater than the num- the capabilities of GUARDNET, the mobili- following: ber otherwise authorized by law up to the zation, training, and administrative network SEC. 312. PROHIBITION ON DISPOSING OF WASTE number equal to the fiscal-year 2010 baseline of the Army National Guard. IN OPEN-AIR BURN PITS. plus 30,000. (a) IN GENERAL.—The Secretary of Defense (2) PURPOSE OF INCREASES.—The purposes SA 1530. Mrs. LINCOLN (for herself shall prohibit the disposal of covered waste for which an increase may be made in the ac- and Mrs. HUTCHISON) submitted an in an open-air burn pit during a contingency tive duty end strength for the Army under amendment intended to be proposed by operation lasting longer than one year. paragraph (1) are the following: her to the bill S. 1390, to authorize ap- (b) REPORT.—Not later than 180 days after (A) To increase dwell time for members of the date of the enactment of this Act, the propriations for fiscal year 2010 for the Army on active duty. military activities of the Department Secretary shall submit to Congress a report (B) To support operational missions. on the use of open-air burn pits in contin- (C) To achieve reorganizational objectives, of Defense, for military construction, gency operations. The report shall include— including increased unit manning, force sta- and for defense activities of the De- (1) a description of each type of waste bilization and shaping, and supporting partment of Energy, to prescribe mili- burned in such open-air burn pits; and wounded warriors. tary personnel strengths for such fiscal (2) a discussion of the feasibility of alter- (b) RELATIONSHIP TO PRESIDENTIAL WAIVER year, and for other purposes; which was native methods of disposing of covered AUTHORITY.—Nothing in this section shall be ordered to lie on the table; as follows: waste, including— construed to limit the authority of the At the end of subtitle H of title X, add the (A) a plan to use such alternative methods; President under section 123a of title 10, following: or United States Code, to waive any statutory (B) if the Secretary determines that no end strength in a time of war or national SEC. 1083. CERTAIN SERVICE PERFORMED IN such alternative method is feasible, a de- THE RESERVE COMPONENTS emergency. DEEMED ACTIVE SERVICE. tailed discussion explaining why open-air (c) RELATIONSHIP TO OTHER VARIANCE AU- Section 106 of title 38, United States Code, burn pits are the only feasible method of dis- THORITY.—The authority in subsection (a) is is amended by adding at the end the fol- posing of such waste. in addition to the authority to vary author- lowing new subsection: (c) DEFINITIONS.—In this section: ized end strengths that is provided in sub- ‘‘(g) Any person who has not otherwise per- (1) CONTINGENCY OPERATION.—The term sections (e) and (f) of section 115 of title 10, formed qualifying active duty service shall ‘‘contingency operation’’ has the meaning United States Code. be deemed to have been on active duty for given that term by section 101(a) of title 10, (d) BUDGET TREATMENT.— purposes of all laws administered by the Sec- United States Code. (1) IN GENERAL.—If the Secretary of De- retary if the person is entitled under chapter (2) COVERED WASTE.—The term ‘‘covered fense increases active-duty end strength for 1223 of title 10 to retired pay for nonregular waste’’ includes the following: the Army for fiscal year 2010 under sub- service or, but for age, would be entitled (A) Hazardous waste, as defined by section section (a), the Secretary may fund such an under such chapter to retired pay for nonreg- 1004(5) of the Solid Waste Disposal Act (42 increase through Department of Defense re- ular service.’’. U.S.C. 6903(5)). serve funds or through an emergency supple- (B) Medical waste. mental appropriation. SA 1531. Mr. SESSIONS submitted an (C) Solid waste containing plastic. (2) FISCAL YEARS 2011 AND 2012.—(2) If the (D) Automotive and marine batteries. Secretary of Defense plans to increase the amendment intended to be proposed by (E) Pesticides. active-duty end strength for the Army for him to the bill S. 1390, to authorize ap- (F) Explosives. fiscal year 2011 or 2012, the budget for the De- propriations for fiscal year 2010 for (G) Automotive oils. partment of Defense for such fiscal year as military activities of the Department

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.002 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17650 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 of Defense, for military construction, wrote in 2007 that the United States ‘‘cannot United States or allied forces, the Secretary and for defense activities of the De- negotiate with individual terrorists; they of Defense or, where appropriate, the Sec- partment of Energy, to prescribe mili- must be hunted down and captured or retary of State, shall submit a report to the tary personnel strengths for such fiscal killed.’’. appropriate committees of Congress within (b) SENSE OF THE SENATE.—It is the sense 30 days of the engagement, authorization, or year, and for other purposes; which was of the Senate that the United States should cooperation. ordered to lie on the table; as follows: firmly maintain its longstanding policy (3) FORM.—A report required under this At the appropriate place, insert the fol- against negotiating with terrorists and ter- subsection shall include all relevant facts, lowing: rorist organizations on any concession or de- including the name of the terrorist person or SEC. lll. SENSE OF THE SENATE ON NEGOTI- mand. It is further the sense of the Senate organization, the name of any prisoner, de- ATING CONCESSIONS WITH TERROR- that any abandonment or weakening of this tainee, or hostage who was the subject of ISTS. policy would endanger the safety of Amer- such negotiations, the concession demanded (a) FINDINGS.—The Senate makes the fol- ican citizens, including United States serv- or discussed during the negotiations, the lowing findings: icemen, and increase terrorist kidnappings, name of any government or third party in- (1) The United States has a longstanding hostage demands, and murders. volved in the negotiations, and the outcome policy of opposing negotiations with terror- of the negotiations. The report shall be sub- ists and terrorist organizations on conces- SA 1532. Mr. SESSIONS submitted an mitted in an unclassified format with a clas- sions of any kind, including ransom de- amendment intended to be proposed by sified annex where appropriate. mands, prisoner releases, and hostage ex- him to the bill S. 1390, to authorize ap- changes. This longstanding policy has been propriations for fiscal year 2010 for SA 1533. Mr. SESSIONS submitted an repeated by numerous administrations over military activities of the Department amendment intended to be proposed by the past 4 decades. of Defense, for military construction, him to the bill S. 1390, to authorize ap- (2) For example, at an August 4, 1975 meet- and for defense activities of the De- propriations for fiscal year 2010 for ing between President Gerald Ford and Sec- military activities of the Department retary of State Henry Kissinger and Yugo- partment of Energy, to prescribe military personnel strengths for such fiscal of Defense, for military construction, slavian President Josip Tito, Secretary Kis- and for defense activities of the De- singer explained that the United States ‘‘po- year, and for other purposes; which was partment of Energy, to prescribe mili- sition is, as it has always been, that we ordered to lie on the table; as follows: tary personnel strengths for such fiscal refuse to negotiate and to pay ransom in At the end of subtitle B of title XII, add these cases. We do this in order not to en- the following: year, and for other purposes; which was courage the capture of other Americans for SEC. ll. REPORT ON ANY DIRECT OR INDIRECT ordered to lie on the table; as follows: the same purpose.’’. NEGOTIATIONS WITH TERRORISTS. On page 323, beginning on line 19, strike (3) In his comments to President Tito, Sec- (a) DEFINITIONS.—In this section: ‘‘or’’ and all that follows through line 22, and retary Kissinger explained the basis for the (1) APPROPRIATE COMMITTEES OF CON- insert the following: United States policy, as well as his expecta- GRESS.—The term ‘‘appropriate committees ‘‘(B) has purposefully and materially sup- tion that the United States would never of Congress’’ means— ported hostilities against the United States change this no-negotiation policy: ‘‘The (A) the Select Committee on Intelligence or its coalition partners; or American Government will always refuse to and the Committee on Armed Services of the ‘‘(C) is a member of al Qaeda or a group negotiate because that is the only way we Senate; and that is connected with al Qaeda.’’. can keep demands from being made upon (B) the Permanent Select Committee on us.’’. Intelligence and the Committee on Armed SA 1534. Mr. VOINOVICH (for him- (4) In the same conversation, President Services of the House of Representatives. self, Mr. LEAHY, Mr. BOND, Mr. BEN- Ford said, ‘‘It’s our strong feeling that if we (2) NEGOTIATIONS WITH TERRORISTS.—The NETT, Mr. BYRD, Mr. COCHRAN, Mr. were to breach this hard line that we take term ‘‘negotiations with terrorists’’ includes CRAPO, Mr. DORGAN, Ms. MURKOWSKI, there would be no end to the demands being any direct or indirect negotiations with any Mr. RISCH, Mr. ROCKEFELLER, and Mrs. made upon us. We have to be tough and that person or organization that— SHAHEEN) submitted an amendment in- is right in the long run.’’. (A) has been designated by the United tended to be proposed by him to the (5) On January 20, 1986, President Ronald States, including any department or agency bill S. 1390, to authorize appropriations Reagan issued National Security Decision of the United States, as a person or organiza- for fiscal year 2010 for military activi- Directive 207, which prohibits negotiations tion that commits, threatens to commit, or with terrorist organizations regarding the supports terrorism; ties of the Department of Defense, for release of hostages. (B) has engaged in any activity or is a rep- military construction, and for defense (6) National Security Decision Directive resentative of an organization that would activities of the Department of Energy, 207 sets forth in unequivocal terms the render the person inadmissible under section to prescribe military personnel United States ‘‘firm opposition to terrorism 212(a)(3)(B) of the Immigration and Nation- strengths for such fiscal year, and for in all its forms’’ and makes clear the Gov- ality Act (8 U.S.C. 1182(a)(3)(B)); or other purposes; which was ordered to ernment’s ‘‘conviction that to accede to ter- (C) is a member of al Qaeda or affiliated lie on the table; as follows: rorist demands places more American citi- with al Qaeda through any council or activ- At the end of subtitle B of title V, add the zens at risk. This no-concessions policy is ity. following: the best way of protecting the greatest num- (3) CONCESSION.—The term ‘‘concession’’ in- SEC. 512. AVAILABILITY OF APPROPRIATED ber of people and ensuring their safety.’’. cludes any discussion or demand for— FUNDS FOR INTERNATIONAL MILI- (7) National Security Decision Directive (A) payment or ransom; TARY-TO-CIVILIAN AND CIVIL SECU- 207 continues to say: ‘‘The [United States (B) the withdrawal of United States mili- RITY COOPERATION CONTACT AC- Government] will pay no ransoms, nor per- tary or diplomatic presence; or TIVITIES CONDUCTED BY THE NA- mit releases of prisoners or agree to other (C) the release of any prisoner or detainee TIONAL GUARD. conditions that could serve to encourage ad- held by the United States. (a) IN GENERAL.—Subchapter I of chapter ditional terrorism. We will make no changes (b) REPORTS.— 134 of title 10, United States Code, is amend- in our policy because of terrorist threats or (1) PRELIMINARY REPORT.—Not later than 60 ed by adding at the end the following new acts.’’. days after the date of the enactment of this section: (8) Department of State Publication 10217, Act, the Secretary of Defense, in consulta- ‘‘§ 2249e. International military-civilian con- which was released in similar formats by the tion with the Secretary of State, shall sub- tact activities conducted by the National administrations of George H.W. Bush in 1991 mit to the appropriate committees of Con- Guard: availability of appropriated funds and Bill Clinton in 1994, espouses the same gress a preliminary report that identifies ‘‘(a) AVAILABILITY OF APPROPRIATED no-concessions policy and makes clear that any case in 300 days preceding the report in FUNDS.—Funds appropriated to the Depart- the United States ‘‘will not support the free- which the United States engaged in negotia- ment of Defense shall be available for the ing of prisoners from incarceration in re- tions with terrorists regarding any person payment of costs incurred by the National sponse to terrorist demands.’’. held in the custody of the United States or Guard (including the costs of pay and allow- (9) On April 4, 2002, President George W. allied forces. ances of members of the National Guard) in Bush said, ‘‘[t]error must be stopped. No na- (2) PERIODIC REPORTS.—If any employee, conducting international military-to-civil- tion can negotiate with terrorists, for there agent, or representative of the Department ian contacts, civil security cooperation con- is no way to make peace with those whose of Defense or the Department of State en- tacts, and comparable activities for purposes only goal is death.’’. gages in, authorizes, or cooperates in any as follows: (10) Secretary of State Hillary Clinton, way with, negotiations with terrorists re- ‘‘(1) To support the objectives of the com- while serving in the United States Senate, garding any person held in the custody of the mander of the combatant command for the

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.002 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17651 theater of operations in which such contacts ‘‘(iv) improves international partnerships SEC. 1222. REPORT ON VENEZUELA. and activities are conducted. and capacity on matters relating to defense Not later than 180 days after the date of ‘‘(2) To build international civil-military and security. the enactment of this Act, the Director of partnerships and capacity. ‘‘(4) The term ‘foreign civilian personnel’ National Intelligence shall provide to the de- ‘‘(3) To strengthen cooperation between means the following: fense and intelligence committees of the the departments and agencies of the United ‘‘(A) Civilian personnel of foreign govern- Congress a report addressing the following: States Government and agencies of foreign ments at any level (including personnel of (1) An inventory of all weapons purchases governments. ministries other than ministries of defense). by, and transfers to, the government of Ven- ‘‘(4) To facilitate intergovernmental col- ‘‘(B) Non-governmental individuals of for- ezuela and Venezuela’s transfers to other laboration between the United States Gov- eign countries, if the participation of such countries since 1998, particularly purchases ernment and foreign governments. individuals in contacts and activities de- and transfers of missiles, ships, submarines, ‘‘(5) To facilitate and enhance the ex- scribed in subsection (a) will further the and any other advanced systems. The report change of information between the United achievement of any matter set forth in shall include an assessment of whether there States Government and foreign governments clauses (i) through (iv) of paragraph (3)(B).’’. is accountability of the purchases and trans- on matters relating to defense and security. (b) CLERICAL AMENDMENT.—The table of fers with respect to the end-use and diver- ‘‘(b) LIMITATIONS.—(1) Funds shall not be sections at the beginning of subchapter I of sion of such materiel to popular militias, available under subsection (a) for contacts chapter 134 of such title is amended by add- other governments, or irregular armed and activities described in that subsection ing at the end the following new item: forces. that are conducted in a foreign country un- ‘‘2249e. International military-civilian con- (2) The mining and shipping of Venezuelan less jointly approved by the commander of tact activities conducted by the uranium to Iran, North Korea, and other the combatant command concerned and the National Guard: availability of states suspected of nuclear proliferation. chief of mission concerned. appropriated funds.’’. (3) The extent to which Hugo Chavez and ‘‘(2) Funds shall not be available under other Venezuelan officials and supporters of subsection (a) for the participation of a SA 1535. Mr. MARTINEZ submitted the Venezuelan government provide political member of the National Guard in contacts an amendment intended to be proposed counsel, collaboration, financial ties, refuge, and activities described in that subsection in by him to the bill S. 1390, to authorize and other forms of support, including mili- a foreign country unless the member is on appropriations for fiscal year 2010 for tary materiel, to the Revolutionary Armed active duty in the armed forces at the time military activities of the Department Forces of Colombia (FARC). of such participation. (4) The extent to which Hugo Chavez and of Defense, for military construction, other Venezuelan officials provide funding, ‘‘(c) REIMBURSEMENT.—In the event of the and for defense activities of the De- logistical and political support to the participation of personnel of a department or partment of Energy, to prescribe mili- Islamist terrorist organization Hezbollah. agency of the United States Government tary personnel strengths for such fiscal (5) Deployment of Venezuelan security or (other than the Department of Defense) in year, and for other purposes; which was intelligence personnel to Bolivia, including contacts and activities for which payment is ordered to lie on the table; as follows: any role such personnel have in suppressing made under subsection (a), the head of such opponents of the government of Bolivia. At the end of subtitle B of title XII, add department or agency shall reimburse the (6) Venezuela’s clandestine material sup- the following: Secretary of Defense for the costs associated port for political movements and individuals with the participation of such personnel in SEC. 1222. REPORT ON CUBA AND CUBA’S RELA- throughout the Western Hemisphere with TIONS WITH OTHER COUNTRIES. such contacts and activities. Amounts reim- the objective of influencing the internal af- Not later than 180 days after the date of bursed the Department of Defense under this fairs of nations in the Western Hemisphere. the enactment of this Act, the Director of subsection shall be deposited in the appro- (7) Efforts by Hugo Chavez and other offi- National Intelligence shall provide to the de- priation or account from which amounts for cials or supporters of the Venezuelan govern- fense and intelligence committees of the the payment concerned were derived. Any ment to convert or launder funds that are Congress a report addressing the following: amounts so deposited shall be merged with the property of Venezuelan government (1) The cooperative agreements and rela- amounts in such appropriation or account, agencies, instrumentalities, parastatals, in- tionships that Cuba has with Iran, North and shall be available for the same purposes, cluding Petroleos de Venezuela, SA Korea, and other states suspected of nuclear and subject to the same conditions and limi- (PDVSA). proliferation. tations, as amounts in such appropriation or (8) Covert payments by Hugo Chavez or of- (2) A detailed account of the economic sup- account. ficials or supporters of the Venezuelan gov- port provided by Venezuela to Cuba and the ‘‘(d) DEFINITIONS.—In this section: ernment to foreign political candidates, gov- intelligence and other support that Cuba ‘‘(1) The term ‘military-to-civilian con- ernment officials, or officials of inter- provides to the government of Hugo Chavez. tacts’ means the following: national organizations for the purpose of in- (3) A review of the evidence of relation- ‘‘(A) Contacts between members of the fluencing the performance of their official ships between the Cuban government or any armed forces and foreign civilian personnel. duties. ‘‘(B) Contacts between members of foreign of its components with drug cartels or involvement in other drug trafficking activi- Armed Forces and United States civilian per- SA 1537. Mr. MARTINEZ (for himself sonnel. ties. (4) The status and extent of Cuba’s clandes- and Mr. INHOFE) submitted an amend- ‘‘(2) The term ‘civil security cooperation ment intended to be proposed by him contacts’ means contacts between United tine activities in the United States. States civilian personnel and foreign civilian (5) The extent and activities of Cuban sup- to the bill S. 1390, to authorize appro- personnel. port for governments in Venezuela, Bolivia, priations for fiscal year 2010 for mili- ‘‘(3) The term ‘United States civilian per- Ecuador, Central America, and the Carib- tary activities of the Department of sonnel’ means the following: bean. Defense, for military construction, and ‘‘(A) Personnel of the United States Gov- (6) The status and extent of Cuba’s research and development program for biologi- for defense activities of the Depart- ernment (including personnel of departments ment of Energy, to prescribe military and agencies of the United States Govern- cal weapons production. (7) The status and extent of Cuba’s personnel strengths for such fiscal ment other than the Department of Defense) year, and for other purposes; which was and personnel of State and local govern- cyberwarfare program. ordered to lie on the table; as follows: ments of the United States. Mr. MARTINEZ submitted ‘‘(B) Members and employees of the legisla- SA 1536. At the end of subtitle C of title XII, add tive branch, and non-governmental individ- an amendment intended to be proposed the following: by him to the bill S. 1390, to authorize uals, if the participation of such individuals SEC. 1232. SENSE OF CONGRESS ON CONTINUED in contacts and activities described in sub- appropriations for fiscal year 2010 for SUPPORT BY THE UNITED STATES section (a)— military activities of the Department FOR A STABLE AND DEMOCRATIC ‘‘(i) contributes to responsible manage- of Defense, for military construction, REPUBLIC OF IRAQ. ment of defense resources; and for defense activities of the De- (a) FINDINGS.—Congress makes the fol- ‘‘(ii) fosters greater respect for and under- partment of Energy, to prescribe mili- lowing findings: standing of the principle of civilian control tary personnel strengths for such fiscal (1) The men and women of the United of the military; States Armed Forces who have served or are ‘‘(iii) contributes to cooperation between year, and for other purposes; which was serving in the Republic of Iraq have done so foreign military and civilian government ordered to lie on the table; as follows: with the utmost bravery and courage and de- agencies and United States military and ci- At the end of subtitle B of title XII, add serve the respect and gratitude of the people vilian governmental agencies; or the following: of the United States and the people of Iraq.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR09\S14JY9.002 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17652 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009 (2) The leadership of Generals David the session of the Senate to conduct a SUBCOMMITTEE ON CONSUMER PROTECTION, Petraeus and Raymond Odierno, as the Com- hearing on Tuesday, July 14, 2009, at 10 PRODUCT SAFETY, AND INSURANCE manders of the Multi-National Force Iraq, as a.m., in room SD–366 of the Dirksen Mr. LEVIN. Mr. President, I ask well as Ambassador Ryan Crocker, was in- Senate Office Building. unanimous consent that the Sub- strumental in bringing stability and success The PRESIDING OFFICER. Without committee on Consumer Protection, to Iraq. Product Safety, and Insurance of the (3) The strategy known as the surge re- objection, it is so ordered. sulted in significant security gains and fa- COMMITTEE ON ENVIRONMENT AND PUBLIC Committee on Commerce, Science, and cilitated the economic, political, and social WORKS Transportation be authorized to meet gains that have occurred in Iraq since the Mr. LEVIN. Mr. President, I ask during the session of the Senate on surge was initiated in 2007. unanimous consent that the Com- Tuesday, July 14, 2009, at 10 a.m., in (4) The people of Iraq have begun to de- mittee on Environment and Public room 253 of the Russell Senate Office velop a stable government and stable society Building. because of the security provided by the surge Works be authorized to meet during the session of the Senate on Tuesday, The PRESIDING OFFICER. Without and the decision of the people of Iraq to ac- objection, it is so ordered. cept the ideals of a free and fair democratic July 14, 2009, at 10 a.m. in room 406 of society over the tyranny espoused by Al the Dirksen Office Building. f Qaeda and other terrorist organizations. The PRESIDING OFFICER. Without PRIVILEGES OF THE FLOOR (5) The security gains achieved by the objection, it is so ordered. surge must be carefully maintained so that Mrs. LINCOLN. Mr. President, I ask COMMITTEE ON ENVIRONMENT AND PUBLIC those fragile gains can be solidified and ex- unanimous consent that Susan WORKS panded upon, primarily by citizens of Iraq in Kalasanas, who is a fellow in my office, service to their country, with the support of Mr. LEVIN. Mr. President, I ask be granted the privilege of the floor for the United States as necessary. unanimous consent that the Com- the duration of my remarks. (b) SENSE OF CONGRESS.—It is the sense of mittee on Environment and Public The ACTING PRESIDENT pro tem- Congress that— Works be authorized to meet during pore. Without objection, it is so or- (1) a stable and democratic Republic of the session of the Senate on Tuesday, dered. Iraq is in the long-term national security in- July 14, 2009, at 2:30 p.m. in room 406 of Mr. LIEBERMAN. Mr. President, I terest of the United States; the Dirksen Office Building. ask unanimous consent that MAJ (2) the people and the Government of the The PRESIDING OFFICER. Without United States are committed to helping the Brian Forrest of the United States people of Iraq ensure the stability of Iraq objection, it is so ordered. Army, whom I am privileged to have and peace in the region, which the stability COMMITTEE ON FINANCE working in my office for a year, be of Iraq will provide; and Mr. LEVIN. Mr. President, I ask granted floor privileges for the time (3) the United States should be a long-term unanimous consent that the Com- the Senate is debating S. 1390, the Na- strategic partner with the Government and mittee on Finance be authorized to tional Defense Authorization Act for the people of Iraq in support of their efforts meet during the session of the Senate 2010. to build democracy, good governance, and on Tuesday, July 14, 2009, at 10 a.m., in The PRESIDING OFFICER. Without peace and stability in the region, including objection, it is so ordered. through providing non-military assistance to 215 Dirksen Senate Office Building. the people of Iraq. The PRESIDING OFFICER. Without f objection, it is so ordered. ORDERS FOR WEDNESDAY, JULY SA 1538. Mr. UDALL of New Mexico COMMITTEE ON HEALTH, EDUCATION, LABOR, 15, 2009 submitted an amendment intended to AND PENSIONS Mr. KAUFMAN. Madam President, I be proposed by him to the bill S. 1390, Mr. LEVIN. Mr. President, I ask ask unanimous consent that when the to authorize appropriations for fiscal unanimous consent that the Com- Senate completes its business today, it year 2010 for military activities of the mittee on Health, Education, Labor, adjourn until 9:30 a.m. on Wednesday, Department of Defense, for military and Pensions be authorized to meet July 15; that following the prayer and construction, and for defense activities during the session of the Senate on the pledge, the Journal of proceedings of the Department of Energy, to pre- Tuesday, July 14, 2009, at 9 a.m. in be approved to date, the morning hour scribe military personnel strengths for room 325 of the Russell Office Building. be deemed expired, the time for the two such fiscal year, and for other pur- The PRESIDING OFFICER. Without leaders be reserved for their use later poses; which was ordered to lie on the objection, it is so ordered. table; as follows: in the day, and the Senate resume con- COMMITTEE ON THE JUDICIARY sideration of Calendar No. 89, S. 1390, On page 571, line 6, strike ‘‘$5,395,831,000’’ Mr. LEVIN. Mr. President, I ask and insert ‘‘$5,763,856,000’’. the Department of Defense authoriza- unanimous consent that the Com- f tion bill. mittee on the Judiciary be authorized The PRESIDING OFFICER (Mrs. AUTHORITY FOR COMMITTEES TO to meet during the session of the Sen- SHAHEEN). Without objection, it is so MEET ate on July 14, 2009, at 9:30 a.m., in ordered. room SH–216 of the Hart Senate Office COMMITTEE ON BANKING, HOUSING, AND URBAN f AFFAIRS Building, to continue the hearing on ADJOURNMENT UNTIL 9:30 A.M. Mr. LEVIN. Mr. President, I ask the nomination of Sonia Sotomayor to TOMORROW unanimous consent that the Com- be an Associate Justice of the Supreme mittee on Banking, Housing, and Court of the United States. Mr. KAUFMAN. Madam President, if Urban Affairs be authorized to meet The PRESIDING OFFICER. Without there is no further business to come be- during the session of the Senate on objection, it is so ordered. fore the Senate, I ask unanimous con- July 14, 2009 at 9 a.m., to conduct a COMMITTEE ON VETERANS’ AFFAIRS sent that it adjourn under the previous hearing on ‘‘Creating a Consumer Fi- Mr. LEVIN. Mr. President, I ask order. nancial Protection Agency: A Corner- unanimous consent that the Com- There being no objection, the Senate, stone of America’s New Economic mittee on Veterans’ Affairs be author- at 6:05 p.m., adjourned until Wednes- Foundation.’’ ized to meet during the session of the day, July 15, 2009, at 9:30 a.m. The PRESIDING OFFICER. Without Senate on Tuesday, July 14, 2009 at 9:30 f objection, it is so ordered. a.m. to conduct a hearing entitled, NOMINATIONS ‘‘Women Veterans: Bridging the Gaps COMMITTEE ON ENERGY AND NATURAL Executive nominations received by RESOURCES in Care.’’ The Committee will meet in the Senate: Mr. LEVIN. Mr. President, I ask room 418 of the Russell Senate Office unanimous consent that the Com- Building beginning at 9:30 a.m. PEACE CORPS mittee on Energy and Natural Re- The PRESIDING OFFICER. Without AARON S. WILLIAMS, OF VIRGINIA, TO BE DIRECTOR OF THE PEACE CORPS, VICE RONALD A. TSCHETTER, RE- sources be authorized to meet during objection, it is so ordered. SIGNED.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00065 Fmt 0686 Sfmt 9801 E:\BR09\S14JY9.002 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17653

DEPARTMENT OF EDUCATION ROY L. LOUQUE MARY E. HAY AMY F. MACIAS VICTOR L. HOLMES BRENDA DANN-MESSIER, OF RHODE ISLAND, TO BE AS- ASHA K. MANDHARE JERRY O. HOOPES, JR. SISTANT SECRETARY FOR VOCATIONAL AND ADULT FOSTER ARTHUR MARRUFFO DEREC S. HUDSON EDUCATION, DEPARTMENT OF EDUCATION, VICE TROY R. CURLEN M. MARTINSON TY HUNT JUSTESEN. MARIO D. MAXWELL CHELSEA D. JOHNSON DANIELLE J. MCALLISTER JULIE M. JOHNSON DEPARTMENT OF JUSTICE CINDY A. MCCULLOUGH MORRIS S. JONES II DENNIS K. BURKE, OF ARIZONA, TO BE UNITED STATES CLAUDIA G. MENJIVAR STEVEN J. KEIFER ATTORNEY FOR THE DISTRICT OF ARIZONA FOR THE TERESE E. MICHAUD SAMANTHA J. KELPIS TERM OF FOUR YEARS, VICE DIANE J. HUMETEWA. LAURIE A. MIGLIORE PAUL Y. KIM STEVEN M. DETTELBACH, OF OHIO, TO BE UNITED WILLIAM R. MITCHELL JACQUELINE E. KING STATES ATTORNEY FOR THE NORTHERN DISTRICT OF JAMES H. MONTGOMERY STEPHANIE I. KING OHIO FOR THE TERM OF FOUR YEARS, VICE GREGORY A. MARIA E. MORGAN JOSEPH B. KIRKMAN WHITE, RESIGNED. SANDRA R. NESTOR KAREN P. KRAMER BRENDAN V. JOHNSON, OF SOUTH DAKOTA, TO BE DAVID S. NORWOOD KEVIN L. KUBLY UNITED STATES ATTORNEY FOR THE DISTRICT OF GARY W. NOVAK JIMMEY N. LABIT, JR. SOUTH DAKOTA FOR THE TERM OF FOUR YEARS, VICE SARAH E. OLIVER DIANE S. LANTAGNE MARTIN J. JACKLEY. TONI OLIVIERI THAI H. LE KAREN LOUISE LOEFFLER, OF ALASKA, TO BE UNITED ADELEKE A. OYEMADE RONNI R. LESLIE STATES ATTORNEY FOR THE DISTRICT OF ALASKA FOR WANDA R. PARKS PHILIPP G. LIM THE TERM OF FOUR YEARS, VICE TIMOTHY MARK BUR- TODD M. PFAFFENBICHLER MICHAEL S. LUBY GESS, RESIGNED. MATTHEW L. PFEIFFER PATRICIA M. LUCAS FLORENCE T. NAKAKUNI, OF HAWAII, TO BE UNITED DAVID A. POJMAN WILLIAM E. LUJAN STATES ATTORNEY FOR THE DISTRICT OF HAWAII FOR JONATHAN M. PRATT ALEXANDER F. MACDONALD THE TERM OF FOUR YEARS, VICE EDWARD HACHIRO GARY A. PULMANO THOMAS J. MADDEN KUBO, JR. DONNA L. RADCLIFF NATHAN B. MAERTENS CARTER M. STEWART, OF OHIO, TO BE UNITED STATES TIMOTHY N. RAINES FAIRLIGHT B. MATTHEWS ATTORNEY FOR THE SOUTHERN DISTRICT OF OHIO FOR SUSAN P. RHEA TIMOTHY J. MCDOWELL THE TERM OF FOUR YEARS, VICE GREGORY GORDON KRISTINE L. RILEY DANIEL S. MCKIM LOCKHART. GRICEL RODRIGUEZ TRAVIS J. MEIDINGER HEATHER N. ROSCISZEWSKI CAROLANN MILLER IN THE AIR FORCE ROBERT D. ROTH MICHAEL A. MILLIS SCOTT F. SANDERS BRIDGET A. MOORE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARY E. SCHROEDER DEREK F. MUNOZ TO THE GRADE INDICATED IN THE UNITED STATES AIR TIMOTHY L. SHAW MARIO R. MUNOZ FORCE UNDER TITLE 10, U.S.C., SECTION 624: AMANDA L. SIANGCO BRUCE A. MURREN To be major ZAHID M. SIDDIQUE ELIZABETH NAJERA KEVIN J. SKAGGS JON C. NEUMANN ANTONIO J. ALFONSO ERIKA T. SMITH MARK A. NOON TINA L. ALLEN PABLO A. SNEAD KAREN C. NZEREM MICHAEL S. ALLMAN LORI S. SPICER JAIME R. K. OKAMURA JULIE JOANNE ANDERSON MARSHA R. STARKS CLIFFORD N. OTTE DEBORAH J. ANGELES WANDA K. STAUFFER CHUNIL PAENG RICHARD J. ANSHUTZ JAMES C. STEWARD JAMES E. PARRIS HECTOR R. APONTE SHERRY D. STIGALL PAMELA S. PAULIN CHRISTOPHER L. ARCHER ELIZABETH E. TAILLON VANTHY B. PHAM GALMAR P. BALMACEDA WILLIAM L. TENNYSON III ERIC L. PHILLIPS GLENN S. BANKSON ROSLYN M. THOMAS STEPHEN G. POLY JENNIFER D. BANKSTON CLINTON K. WAHL ARON R. POTTER AMBER J. BARKER MARLENE M. B. WALLACE NAYDA O. PROTZMAN GEORGE T. BENSEMA JAMES K. WEBB BARRY R. REEDER, JR. BENJAMIN BERZINIS MARGARET A. WHITE RAY C. RENDON MELISSA A. BIRTZER THEODORA G. WHITFIELD GERMAN REYES ANNA M. BRENNAN STEPHEN T. WINNETT TRACY L. RIGGS DENISE D. CARCAMO JAMES C. WINTER JAIME L. RIVAS TRACI R. CARTER MARIA C. YAMZON CLAY A. ROBERTS WILLIAM R. CARTER SINA M. ZIEMAK WILLIAM D. ROBERTS ROBERT L. CHAPLIN, JR. ALLISON R. ROGERS WENDY A. CHAPMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PATRICIA ROHRBECK STEPHANIE CHIRICO TO THE GRADE INDICATED IN THE UNITED STATES AIR CESAR ROMERO KRISTA L. CHRISTIANSON FORCE UNDER TITLE 10, U.S.C., SECTION 624: ELLEN A. ROSKA JUVELYN T. CHUA To be major MIKLOS C. ROZSA WILLIAM N. CLARK JUSTIN E. SANDHOLM ROBERT L. COLELLA, JR. EBON S. ALLEY EDWIN Y. SANTOS JOY A. COLLINS MARISA A. ALVARADO SEAN D. SARSFIELD MOROM D. COULSON NATHAN L. ANDERSON DANIEL J. SCHNEIDER ARMANDO L. CRUZ JEFFREY D. ANDREOLI JEFFREY J. SCOTT PENNY H. CUNNINGHAM QUENTIN D. BAGBY KELLI J. SILVERSTRIM PATRICIA J. DALTON PAUL A. BECKER BRIAN D. SMITH TAMARA D. DAVIS DESMOND J. BIAVA MICHAEL A. SMITH PATTI JO IRENE DEMOTTS GWENDOLYN M. BOLEWARE GARY R. SNELLER II RENAE R. DENELSBECK PHILIP C. BOSSART HECTOR R. STEPHENSON LATASHA L. DUNN SAUNYA N. BRIGHT SEAN P. STROPE JON D. EARLES DAVID D. BURNS DARRELL D. SVATEK EMMELYNE P. EATON PAMELA A. BYRD DANIEL D. SWEENEY MARION L. FOREMAN, JR. EDGAR G. CADUA BRIAN K. SYDNOR MICHAEL M. FRIEBEL CATHERINE M. CALLENDER JASON P. TAUSEK MICKAELLE M. GERMAIN LARRY D. CARNES BRANDON M. TOURTILLOTT TOD A. GIGLIO SEAN M. CHICKERY ANTHONY R. TY MARK C. GOSLING RICHARD C. CLARK DERRICK F. VARNER SUZANNE M. GREEN BARRY J. CLEARY THOMAS D. VAUGHN KRISTA D. GREY JOSEPH S. COFER JEROME L. VINLUAN BOBBIE A. HANNER ADAYMEE COFRESI THUY N. VO MICHELLE L. HARMON JOANNE S. CONLEY KHAI H. VUONG JAMALE R. HART KWAME A. CURTIS ANGIE M. WALKER THOR F. HAUFF BRIAN K. DART AARON D. WEAVER KAREN A. HENDERSON LAURA J. DART JANA M. WEINER DAVID P. HERNANDEZ ANTHONY P. DAVIS DAVID J. WILLIAMS ERVIN HERNANDEZ PATRICE L. DAVIS MARY A. WORKMAN JENNIFER B. HESSOCK STEVEN W. DAWSON CHRISTINE M. YARBROUGH RONALD K. HODGEN BRENDA L. DEHN RICHARD Y. K. YOO LONNIE W. HODGES STEVEN A. DEZELL NISA T. HOGLE JOSE DIAZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAWNKIMBERLY Y. HOPKINS PAUL R. EDEN TO THE GRADE INDICATED IN THE UNITED STATES AIR CLARENCE M. HUTTO CHRISTOPHER W. EDWARDS FORCE UNDER TITLE 10, U.S.C., SECTION 624: STEPHANIE ISAACFRANCIS BEVERLY L. EICHMAN To be lieutenant colonel KELVIN L. JACK RICHARD J. FARLEY KAREN S. JACKSON DEREK J. FAVRET LANCE L. ANNICELLI JENNIFER LEA JAMISON GINES JASON R. FEJES PEGGY A. CAIN TERRI J. JENNINGS MARSHALL A. FISCUS PATRICK J. CASTLE KARL E. KAMMER GRETCHEN ANN FIVECOAT IMELDA M. CATALASAN AMANDA C. KRBEC MICHAEL G. FLEMING JOHN D. CHILDS LYNN M. LAGADON CARLOS R. FLORES, JR. KRISSA J. C. CRAWFORD ALICIA M. LASITER KIM FLOYD ANDREW A. CRUZ SCOTT A. LEBLANC JOHNNIE FOSTER, JR. DAVID H. DICKEY BRENDA LEE MARIA E. GOMEZHERBERT MARK R. DUFFY TAMARA A. LEITAKERMYERS GREGORY A. GOOTEE MELANIE J. ELLIS AARON M. LEONARD ENRIQUE GUERRERO, JR. SHARON J. GOBER DAVID M. LEWIS ALAN C. HALE STEPHEN G. GRIEP SARAH J. LINTHICUM ELISA AMANTIAD HAMMER LEVETTE M. HAMBLIN JON D. LONG JEREMY S. HASKELL BARBARA J. HOEBEN

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00066 Fmt 0686 Sfmt 9801 E:\BR09\S14JY9.002 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17654 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 14, 2009

THOMAS G. HUGHES KEITH W. BALTS KENNETH D. FROLLINI WILLIAM R. HURTLE JOHN M. BALZANO MARK P. GARST NATALIE M. JOHNS PHILLIP B. BARKS ERIC S. GARTNER DAVID W. KOLES BARTON V. BARNHART WILLIAM E. GERHARD, JR. LARRY S. KROLL DOUGLAS W. BARRON COREY L. GERSTEN MARTIN W. LAFRANCE BRYAN C. BARTLETT THOMAS C. GILSTER DAVID J. LINKH PAUL E. BAUMAN PETER D. GIUSTI GUY R. MAJKOWSKI KEITH L. BEARDEN MICHAEL W. GLACCUM MARION F. MALINOWSKI, JR. SETH BEAUBIEN KELLY L. GOGGIN CHERIE ANNE C. MAUNTEL ANDREA D. BEGEL PETER E. GOLDFEIN TAMMY H. MCKENZIE SCOTT W. BEIDLEMAN WILLIAM M. GOLLADAY DOUGLAS M. ODEGAARD, JR. KEVIN S. BENNETT SAMUEL D. GRABLE MAUD OLIVER KELLEY MARK S. BENNETT SCOTT D. GRAHAM MICHAEL B. PEAKE KEVIN L. BERKOMPAS GORDON P. GREANEY DARREN P. RHOTON ALAN R. BERRY CHARLES S. GREENWALD JOEL B. ROBB KENNETH T. BIBB, JR. THOMAS C. GRIESBAUM JEREMY M. SLAGLEY STEPHEN H. BISSONNETTE JOHN F. GROFF DONNA C. SMITH MILTON L. BLACKMON, JR. MICHAEL A. GUETLEIN SCOTT M. SONNEK KRISTINE E. BLACKWELL DAVID M. HAAR CHRISTINE L. STABILE JEFFREY E. BLALOCK DOUGLAS I. HAGEN STEVEN G. STERN LISA D. BOMBERG MICHAEL T. HALBIG DAVID F. SWAYNE, JR. PHILLIP M. BOROFF CALVIN S. HALL II BERNARD L. VANPELT MARY NOEHL BOUCHER PAUL S. HAMILTON MINH T. VUONG RICHARD H. BOUTWELL DOUGLAS M. HAMMER DOUGLAS W. WEBB CLIFFORD M. BOWMAN JOEL T. HANSON DAVID A. WELGE MARCUS A. BOYD MICHAEL C. HARASIMOWICZ JAMIE S. BRADY SAMUEL M. HARBIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TROY A. J. BRASHEAR DAVID F. HARDY TO THE GRADE INDICATED IN THE UNITED STATES AIR CARL N. BRENNER STEVEN B. HARDY FORCE UNDER TITLE 10, U.S.C., SECTION 624: EDWARD S. BREWER JOHN M. HARRISON To be lieutenant colonel SEAN C. BRODERICK BRIAN E. HASTINGS KEVIN D. BROWN DAVID A. HAUPT ELISE A. AHLSWEDE JAMES E. BUCHMAN CHRISTOPHER P. HAUTH VALERIE T. BELLE LANCE R. BUNCH MARKUS J. HENNEKE CHRISTINE R. BERBERICK SHERRY M. BUNCH THOMAS K. HENSLEY KATHLEEN M. BROWNING SUZANNE C. BUONO MICHAEL A. HESS MIMI CANNONIER KEVIN E. BURNS THOMAS P. HESTERMAN LISA M. COLE DEAN E. BUSHEY DAVID L. HICKEY RICHARD S. CONTE ANTHONY C. BUTTS CHARLES W. HILL LISA A. DAVISON ERIC D. CAIN MICHAEL S. HILL KRISTA L. DIXON MARLON G. CAMACHO DAVID W. HILTZ JULIE M. FAUBION CAROLYN D. CAMPBELL SAMUEL C. HINOTE KAREN M. FEDERICI TODD D. CANTERBURY BRADLEY T. HOAGLAND LOUIS A. GALLO CHRISTOPHER G. CANTU JEFFREY A. HOKETT CHERRON R. GALLUZZO ROBERT J. CAPOZZELLA MICHAEL W. HOLL STEPHANIE M. GARDNER DANIEL D. CAPPABIANCA DALE S. HOLLAND HOLLY L. GINN MARIA L. CARL CAMERON G. HOLT ANDREA K. GOODEN CHRISTOPHER F. CARPER CHRISTOPHER M. HOLTON CHRISTINE R. GUNDEL JAMES W. CASEY DAVID E. HOOK EVELYN J. HALE LINA M. CASHIN CRINLEY S. HOOVER ROSEMARY T. HALEY HENRI F. CASTELAIN ADRIAN L. HOVIOUS KERRY L. HESSELRODE JOHN W. CHAPMAN JAMES L. HUDSON JADE K. HIN XAVIER D. CHAVEZ DOUGLAS A. HUFFMAN MARY E. HOLMSTRAND SCOTT D. CHOWNING DEAN G. HULLINGS PENNY L. JESS ROBYN A. CHUMLEY THAD A. HUNKINS HEATHER L. JOHNSON MICHAEL CLAFFEY JEFFREY R. HUNT MARGRET M. JONES KELLY B. CLARK JEFFREY H. HURLBERT TERYL A. LOENDORF JAMES A. CLAVENNA KEVIN A. HUYCK MARIA L. MARCANGELO LUKE E. CLOSSON III CHRISTOPHER J. IRELAND STEPHENIE J. MCCUE JAMES A. COFFEY JOHN J. IWANSKI SHERRY D. MOORE THOMAS D. COLBY JOEL D. JACKSON BRENDA J. MORGAN STAN G. COLE TROY S. JACKSON GEORGE R. MOSELEY DAVID M. COLEY EVA S. JENKINS ROBYN D. NELSON CHRISTOPHER A. COMEAU JAMES G. JINNETTE RAYMOND M. NUDO DONALD M. CONLEY THOMAS N. JOHNSON BRADLEY A. OLSSON SHANE M. CONNARY RONALD E. JOLLY, SR. CHRISTOPHER T. PAIGE MICHELE M. COOK BRIAN S. JONASEN KAREN J. RADER CHARLES S. CORCORAN KEITH B. KANE IMELDA M. REEDY BARRY R. CORNISH KIRK S. KARVER GAIL A. REICHERT MICHAEL J. COSTELLO JANET LYNN KASMER WILLIAM A. REYNOLDS JAMES A. CRUTCHFIELD JAMES C. KATRENAK TREESA J. SALTER DANIEL D. DAETZ RANDY L. KAUFMAN SHEVONNE L. SCOTT KENT B. DALTON JOSEPH C. KEELON RICKY JAY SEXTON LEONARD J. DAMICO WARREN L. KEITHLEY, JR. GEMMA M. SMITH ERIC D. DANNA REBECCA A. KELLER AVEN L. STRAND PETER F. DAVEY MICHAEL J. KELLY RICHARD J. TERRACCIANO JOHN E. DAVIS STEPHEN H. KENNEDY BEVERLY A. THORNBERG MELVIN G. DEAILE ROMAN H. KENT COLLEEN P. TREACY ALEXANDER DEFAZIO III DOUGLAS W. KIELY MARIA T. VIDA JOSEPH W. DEMARCO ROBERT KILLEFER III THEODORE J. WALKER, JR. DAVID R. DENHARD PETER E. KIM MARY M. WALSH MICHAEL R. DENNIS CARL L. KING PAUL K. YENTER JAY B. DESJARDINS, JR. KEVIN B. KING DEEDRA L. ZABOKRTSKY STEVEN P. DESORDI CHRISTOPHER E. KINNE SCOTT V. DETHOMAS KELLY A. KIRTS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FRANCES A. DEUTCH WILLIAM M. KNIGHT TO THE GRADE INDICATED IN THE UNITED STATES AIR MICHAEL L. DILDA DAVID M. KOCH FORCE UNDER TITLE 10, U.S.C., SECTION 624: STEFAN B. DOSEDEL MICHAEL W. KOMETER To be colonel RONALD J. DOUGHERTY DAVID W. KOONTZ KEITH J. DUFFY MICHAEL G. KOSCHESKI RAAN R. AALGAARD SCOTT D. EDWARDS IOANNIS KOSKINAS MICHAEL D. ALFORD FRANK EFFRECE, JR. JAMES N. KRAJEWSKI CHARLES T. ALLEN CHRISTOPHER L. EISENBIES ANTHONY B. KRAWIETZ KEVIN S. ALLEN THOMAS D. EISENHAUER THOMAS R. W. KREUSER MARK E. ALLEN DANIEL J. ELMORE CHRISTOPHER J. KUBICK DAVID L. ALMAND DOUGLAS K. ENGELKE JOHN C. KUBINEC DAGVIN R. M. ANDERSON ADAM C. ENGLEMAN STEPHEN P. LAMBERT DANIEL L. ANDERSON REY R. ERMITANO LANCE K. LANDRUM JON M. ANDERSON STEVEN A. ESTOCK DAVID M. LANGE STEPHEN L. ANDREASEN ROBERT A. FABIAN JEFFREY W. LANNING KEITH E. ANDREWS DAVID T. FAHRENKRUG MARGARET C. LAREZOS JOHN S. R. ANTTONEN DAVID S. FARROW GEORGE B. LAVEZZI, JR. JOHN E. ARMOUR JAMES L. FEDERWISCH TIMOTHY J. LAWRENCE JOHN T. ARNOLD SCOTT T. FIKE CRAIG S. LEAVITT AMY V. ARWOOD DONALD N. FINLEY DEAN W. LEE CHRISTOPHER B. ATHEARN JEFFREY D. FLEWELLING GLENN B. LEMASTERS, JR. HANS R. AUGUSTUS DAVID H. FOGLESONG ROBERT T. LEONARD CHRISTOPHER P. AZZANO RICHARD P. FOJTIK RONALD K. LIGHT, JR. GEOFFREY S. BACON EDWARD L. FORD NATHAN J. LINDSAY, JR. WILLIAM D. BAILEY TEDDY R. FORDYCE II RAY A. LINDSAY JEFFREY A. BAIR MARK A. FORINGER JOHN T. LINN JAMES C. BAIRD STEVEN C. FRANKLIN DEWEY G. LITTLE, JR.

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00067 Fmt 0686 Sfmt 9801 E:\BR09\S14JY9.002 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17655

VINCENT P. LOGSDON EDWARD L. PARKER, JR. ROBERT A. SPITZNAGEL DAVID S. LONG KEITH C. PARNELL JEFFREY F. STAHA RAYMOND S. LOPEZ DAVID A. PARR PHILLIP A. STEWART ROYCE D. LOTT LIZA M. PARR DAVID R. STIMAC DAVID B. LOWE SCOTT GEORGE PATTON RODNEY J. STOKES DAVID J. LUCIA JAMES D. PECCIA III ANGELA G. STOUT MICHAEL J. LUTTON DONALD J. PECK II PATRICK T. SULLIVAN RONALD G. MACHOIAN STEPHEN D. PEDROTTY JEFFREY P. SZCZEPANIK KENNETH D. MADURA SCOTT D. PEEL DAVID H. TABOR ANGEL M. MALDONADO MELVIN H. PETERSEN KYLE F. TAYLOR MATTHEW E. MANGAN RICHARD A. PETERSON, JR. KEITH J. TEISTER JEFFREY L. MARKER RODNEY J. PETITHOMME GREGORY D. THOMAS JAMES D. MARRY DAVID L. PHILLIPS, JR. LEE H. MARSH, JR. TODD R. PHINNEY TROY S. THOMAS STEVEN C. MARSMAN MARC D. PICCOLO WILLIAM C. THOMAS HAROLD W. MARTIN III MICHAEL S. PITTS RICKY L. THOMPSON MICHAEL A. MARZEC KENNETH PLAKS DANIEL W. TIPPETT DAVID M. MASON WILLIAM J. POIRIER JEFFREY M. TODD EDWARD J. MASTERSON DAVID E. POLLMILLER PATRICK M. TOM KEVIN M. MASTERSON MARK E. POLOMSKY CHARLES F. TOPLIKAR PATRICK S. MATTHEWS GLENN E. POWELL, JR. MARIO J. TRONCOSO AARON D. MAYNARD MICHAEL W. PRATT THOMAS J. TRUMBULL II RACHEL A. MCCAFFREY AARON M. PRUPAS CLAUDE K. TUDOR, JR. JAMES C. MCCLELLAN TERESA A. QUICK JOSEPH J. TURK, JR. JAMES D. MCCREARY ELIOT S. RAMEY ROBERT K. UEMURA JOE D. MCDONALD DOUGLAS M. RAUSCH GEORGE A. URIBE LAWRENCE W. MCLAUGHLIN ALAN F. REBHOLZ DAVID J. USELMAN DEBORAH A. MCMURTREY ROBERT D. REDANZ, JR. JEFFREY L. VANDENBUSSCHE GREGORY J. MCNEW MICHAEL D. REED MARC C. VANWERT JAMES P. MEGER RANDALL REED CRISTOS VASILAS KURT W. MEIDEL GREGORY J. REESE WADE H. VAUGHT BERRAE N. MEIXSELL, JR. MARC E. REESE ROBERT J. VERCHER DOUG J. MELANCON MICHAEL REYNA DARREN R. VIGEN PABLO F. MELENDEZ KEVIN M. RHOADES JOHN M. VITACCA JAMES C. MERCER ROBERT S. RICCI DEAN C. VITALE DEBORAH A. MESERVE CHRISTOPHER C. RICHARDSON WILLIAM J. VOGT, JR. JEFFERY P. MESERVE RENEE M. RICHARDSON KYLE D. VOIGT JEFFREY A. MEYER CURTIS B. RIEDEL JOHN G. WAGGONER MONICA E. MIDGETTE PATRICIA M. RINALDI DAVID W. WALKER JOHN M. MIGYANKO III JAMES E. ROBERTS, JR. KENNETH A. WALTERS CURTIS S. MILAM TOMMY A. ROBERTS WALTER H. WARD, JR. KARLA J. MILLER WILLIAM A. ROBINSON, JR. GEORGE H. V. WARING CHERYL D. MINTO JAMES A. RODRIGUEZ RUSSELL M. WARNER MAX B. MITCHELL ROBERT M. ROGERS DON R. WATSON, JR. RICHARD L. MITCHELL JOSEPH J. ROMERO WILLIAM M. WEAVER JOHN J. MOES GREGORY J. ROSENMERKEL MICHAEL K. WEBB CHRISTOPHER A. MOFFETT RICHARD P. ROTH ROBERT E. WEBB RICHARD G. MOORE, JR. KARL M. ROZELSKY RICHARD D. MOOREHEAD ERIK K. RUNDQUIST JERRY A. WEIHE JOHN W. MOREHEAD DANIEL B. RUNYON CAROL P. WELSCH MICHAEL D. MORELOCK THOMAS G. SADLO ELIZABETH A. WEST DAVE B. MORGAN MATTHEW D. SAMBORA JEFFREY M. WHITE DAVID S. MORK THOMAS A. SANTORO, JR. TIMOTHY M. WHITE PETER G. MOUTSATSON PETER A. SARTORI JAMES T. WHITLOW PAMELA A. MOXLEY TIMOTHY D. SARTZ CRAIG A. WILCOX WILLIAM C. MURPHEY CARL E. SCHAEFER JAMES S. WILDES, JR. TIMOTHY M. MURTHA TERRY SCOTT DAVID R. WILLE DAVID S. NAISBITT DOUGLAS B. SEAGRAVES JOHN A. WILLIAMS II JOHN R. NEAL DANIEL M. SEMSEL ANTHONY W. WILLIS HOWARD D. NEELEY JOSEPH A. SEXTON JOHNDAVID W. WILLIS ANDREW T. NIELSEN JOHN K. SHAFER GREGORY WILSON MICHAEL J. NOBLE BRETT D. SHARP VAN A. WIMMER, JR. RICHARD E. NOLAN JOHN M. SHEPLEY MARTIN G. WINKLER CAROL S. NORTHRUP JEFFREY R. SHERK DAVID B. WISE JULIE ANN NOTO MICHAEL W. SHIELDS DOUGLAS P. WISE SHAWNA E. OBRIEN LEANNE M. SIEDLARZ MICHAEL A. WORMLEY JOHN SHERMAN OLIVER PAUL L. J. SINOPOLI NORMAN M. WORTHEN CHARLES S. OLSON RICHARD A. P. SISON DANIEL D. WRIGHT III EDWIN H. OSHIBA MICHAEL L. SLOJKOWSKI JOSEPH M. YANKOVICH, JR. MICHAEL R. OUTLAW JEFFREY M. SMITH ANCEL B. YARBROUGH II CHARLES R. OWEN KAY A. SMITH STACY L. YIKE ANTHONY M. PACKARD JAMES P. SOLTI LING YUNG RICHARD S. PALMIERI WILLIAM A. SPANGENTHAL WILLIAM Z. ZECK BRIAN A. PARKER RICHARD K. SPILLANE GREGORY S. ZEHNER

VerDate Mar 15 2010 14:25 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00068 Fmt 0686 Sfmt 9801 E:\BR09\S14JY9.002 S14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17656 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 HOUSE OF REPRESENTATIVES—Tuesday, July 14, 2009

The House met at 10:30 a.m. and was bled—from $1.26 a gallon in 2000, to jobs and for this bill. These businesses called to order by the Speaker. $2.59 currently. support reducing greenhouse gas pollu- f Since 2000, the price of electricity in tion, establishing a renewable energy the United States increased more than standard, and investing in job creation. MORNING-HOUR DEBATE 38 percent, thereby pushing the average They know that if we do nothing, the The SPEAKER. Pursuant to the yearly household bill from $800 to $1,100 costs associated with continued global order of the House of January 6, 2009, a year. warming will reach $271 billion by 2025. the Chair will now recognize Members We know that we send hundreds of America has always been the land of from lists submitted by the majority billions of dollars each year to foreign innovation. However, as we recently and minority leaders for morning-hour countries to import oil. The U.S. im- have seen in the automotive industry, debate. ports roughly 9.4 million barrels of oil we cannot rest on past laurels. There are costs to doing nothing. f every day. That equates to more than $230 billion every year—$230 billion we I commend my colleagues in the THE ECONOMIC CASE FOR CLEAN could be reinvesting in our economy— House for the support of the bill. To- ENERGY creating American energy jobs—rather gether, we have made a statement that The SPEAKER. The Chair recognizes than sending it overseas, often to coun- will address rising energy costs; we will the gentleman from Virginia (Mr. CON- tries that view us as a meal ticket at wean America off its dangerous depend- NOLLY) for 5 minutes. best, or an enemy at worst. ence on foreign oil; and we will work to Mr. CONNOLLY of Virginia. I rise Madam Speaker, we have also heard avoid the catastrophic costs of global today to reemphasize the economic from the other side that the American warming; and create American jobs. I need for the American Clean Energy Clean Energy and Security Act would hope the Senate will act swiftly. and Security Act. I proudly supported eliminate jobs. Perhaps they don’t re- f the energy bill’s recent passage here in alize that the current system of energy FEDERAL GOVERNMENT RACKS UP the House because I know that in addi- generation is already costing us thou- RECORD-BREAKING $1 TRILLION tion to protecting our environment and sands of jobs. DEFICIT providing for greater national security, For instance, the U.S. Department of The SPEAKER pro tempore (Ms. it will also control spiraling energy Labor states that employment in the DEGETTE). The Chair recognizes the costs and create American clean en- mining industry will decline every year gentlewoman from North Carolina (Ms. ergy jobs. through at least 2014. This isn’t reces- FOXX) for 5 minutes. Our friends on the other side have at- sion related. This is simply an industry Ms. FOXX. My colleague from Vir- tempted to obfuscate the issue by la- in decline. If we do nothing, more ginia promises jobs from the cap-and- beling the landmark legislation as a Americans will lose their jobs. tax bill. If you believe that, then you tax bill. They have even cited a study We know the cost of doing nothing— probably believe the Democrats when claiming a precise-sounding figure, and continuing increases in energy costs they promised that the stimulus bill at first their mistake perhaps could be and continuing job losses—costs Amer- would provide jobs. forgiven. Perhaps they simply didn’t ican families can no longer afford. The Obama administration and con- understand the study they cited. However, with the American Clean En- gressional Democrats promised that However, Professor John Reilly of ergy and Security Act, we will create their trillion-dollar stimulus would MIT, one of the authors of that very jobs—green jobs—here in America. The create jobs immediately and unemploy- study, sent a letter to minority leader Act will create incentives for American ment would not rise above 8 percent. JOHN BOEHNER stating that the Repub- companies to innovate and to expand But since the stimulus bill passed, 1.96 lican citation was simply not correct, their investment in alternative sources million Americans have lost their jobs. given the study’s data. of energy. I suspect that we’ll do a lot worse than That letter was dated April 1. Yet, Madam Speaker, we know we can that under their cap-and-tax bill. our friends on the other side persist in generate American jobs in the renew- Let me fill you in on some of the eco- using this inaccurate figure. Madam able energy sector if we just make the nomic statistics that we have right Speaker, I’m here to set the record investment. From 2000 to 2008, for ex- now. At the beginning of July, our na- straight. ample, the wind power industry alone— tional debt clocked in at $11.5 trillion. Shall we talk about increasing en- before the passage of this bill—created If you don’t have a calculator in hand, ergy prices? How about a $700 energy 35,000 jobs. Of course, wind energy still that’s $37,609.23 for every man, woman, increase on every American household makes up only a small percentage of and child in America. if we don’t take action. This isn’t a electricity generation—less than 1 per- But the real news is not simply that tax. This is the cost of doing nothing. cent. the national debt is more than $11.5 This is more than a $700 increase each Imagine if we could make a con- trillion. The real news is the Treasury year that has already occurred in this certed effort for renewable energy. We Department announced yesterday that decade due to rising electricity and could greatly expand those gains and for the first time the Federal budget gasoline prices. create hundreds of thousands of Amer- deficit has topped $1 trillion. The first Of course, the costs could be much ican clean energy jobs. time in our history. higher if we used last year’s $4 a gallon Madam Speaker, the business com- To clarify, the deficit is different cost during the summer. However, even munity understands the importance of than the debt in the sense that the def- using the current price of $2.59, the av- energy reform. Companies like eBay, icit generally refers to the amount of erage yearly per capita increase in gas- Nike, Starbucks, Levi Strauss, the overspending in a given year. That oline costs this decade has been more Gap, Symantec, and Sun Microsystems means so far in fiscal year 2009, the than $400 per household. Excluding last have formed the Business for Climate Federal Government has spent $1 tril- year’s $4 a gallon cost, the price of a and Innovative Energy Policy Coali- lion more than it has collected in gallon of gasoline this decade has dou- tion to advocate for these clean energy taxes.

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 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17657 Rather than trim our budget and This morning, there was a water a level that is so low that it would not make do with less, like the rest of main break that closed 23rd Street at I, place the entire burden on any one in- America, Congress has decided to up near the George Washington Hospital. dustry or group of consumers. With a the ante and will not just maintain The EPA estimates that American mix of funding, everyone will concurrent government spending levels, communities suffered more than 240,000 tribute to a solution from which every- but will significantly increase spending water main breaks last year. Combined one will benefit from. in the coming year. with overflowing combined sewer sys- I am pleased that the legislation al- This kind of runaway spending is tems causing contamination, property ready has a diverse support of stake- part of why we’re hearing reports that damage, disruption in water supply holders from the Associated General our $1 trillion deficit is just the begin- and, often, massive traffic jams. Contractors, American Rivers, the Na- ning of the story. In fact, some experts The American Society of Civil Engi- tional Association of Clean Water are predicting that the deficit could neers estimates an average of 6 billion Agencies, and Rural Community As- reach $2 trillion this fall. gallons of water is lost every day sistance Partnership, and a wide range What do these record deficits mean through leakage—enough to fill over of bipartisan original cosponsors, infor Americans? Massive deficits can 9,000 Olympic-sized swimming pools. cluding Congressmen NORM DICKS, only continue for so long. I think we’ve The Engineers have given our Nation’s STEVE LATOURETTE, MICHAEL SIMPSON, all heard stories of how crushing debt drinking water and wastewater infra- and THOMAS PETRI, representing a base has forced some businesses or families structure a D-minus grade in their of support from thoughtful, bipartisan into bankruptcy. At some point, the most recent report—sadly, a grade that legislators. pile of cards is coming down, either as was not improved over the report from While the funding question is always the interest rates on the debt spirals 5 years ago. complicated, the public is with us. In up higher, or as those who lend to The House of Representatives recog- January of this year, pollster Frank America run out of cash to loan or sim- nized the need to upgrade water infra- Luntz released a new poll—and remem- ply out of patience for Uncle Sam’s structure earlier this year, passing ber, he is the famous Republican poll- spendthrift ways. The American people H.R. 1262, the Water Quality Invest- ster—finding that a nearly unanimous are hurting. Millions are out of work, ment Act, which would update and re- 94 percent of Americans are concerned and hundreds of thousands lose their authorize Clean Water State Revolving about the state of our Nation’s infra- jobs each month. Loan Funds. But they simply don’t structure. He found that this concern The government spent $18 billion in have enough money. cuts across all regions of the country: June just to pay the interest on the na- The EPA’s most recent estimate is urban, rural, suburban. He found that tional debt, which works out to $600 there is an over $500 billion gap be- 84 percent of the public wants the Fed- million a day in interest payments. tween current investment and pro- eral Government to spend more money Eventually, American families are jected needs over the next 20 years. to improve infrastructure, and that 81 going to have to foot this bill. American people know we cannot Surface and air transportation infra- percent of Americans are personally borrow and spend our way back to a structure, while facing their own chal- prepared to pay 1 percent more in taxes growing economy. As a record-breaking lenges, at least have a dedicated source for the cause. $1 trillion deficit causes the national of funding. Water does not. The need is clear. The public is sup- debt to increase at an historic pace, In the spring of 2005, the famous Re- portive. My hope is that my colleagues Congress will either have to slash publican pollster, Frank Luntz, re- will join me in a solution that will spending in unprecedented ways or leased a poll that showed Americans make all of our communities more liv- raise taxes. And judging by how the would support a sustainable, dedicated able, and our families safer, healthier, current Democrat majority in Congress source of water funding for infrastruc- and more economically secure. has proceeded thus far, I’m very skep- ture. f tical about any meaningful spending b 1045 HONORING MASTER SERGEANT cuts. You can probably guess what that He found the public sees clean water STEVE HOOD means. Let’s just say that the tax hike as an even higher priority than invest- forecast doesn’t look good for the The SPEAKER pro tempore. The ments made in transportation and air- American people. Chair recognizes the gentleman from Democrats are on the side of more ways—71 percent prioritized water Mississippi (Mr. CHILDERS) for 5 min- government and more taxes. Repub- above other infrastructure. It is time utes. licans are on the side of the American to stop talking about it and do some- Mr. CHILDERS. Madam Speaker, I people. thing: creating a dedicated firewall rise today to honor the life of an Amer- trust fund for water infrastructure. ican hero, a Mississippi hero, Master f This afternoon, I will introduce legis- Sergeant Steve Hood of the Mississippi WATER INFRASTRUCTURE lation to create this trust fund fi- Highway Patrol. On May 29 of this FINANCING nanced by a number of funding mecha- year, Master Sergeant Hood of The SPEAKER pro tempore. The nisms that are simple, equitable and Guntown, Mississippi, died in the line Chair recognizes the gentleman from adequate for $10 billion a year. The of duty, the first in a decade. A 28-year Oregon (Mr. BLUMENAUER) for 5 min- Water Protection and Reinvestment veteran State trooper, he passed before utes. Act will establish a trust fund to fi- his time. Mr. BLUMENAUER. One issue that is nance clean water and drinking water Master Sergeant Hood started his ca- too often out of sight and out of mind infrastructure. Most of the money will reer as a State trooper in 1982 after is the quality and the condition of our go through the State revolving funds graduating from the Mississippi High- drinking water and wastewater pipes for sewage and drinking water im- way Patrol Academy. It was clear when under the ground. provements. I attended his funeral last month, he Just 6 months ago, we all watched in The financing mechanisms in the was a man who brought comfort and shock as rescue workers airlifted peo- Water Protection and Reinvestment friendship to all he met. ple from vehicles caught in a massive Act will include a fee based on water- Along with his dedicated service to rush of water caused by a water main based beverages, products that are dis- the people of Mississippi, family and rupture on River Road just outside of posed of in wastewater, pharmaceutical friends will remember him as a Chris- Washington, D.C., because of the fail- products, and corporate profits. These tian who was actively involved in Har- ure of a single, corroded pipe installed fees would be assessed at the manufac- risburg Baptist Church and one who en- over 40 years ago. In fact, 72,000 miles turer level so they will be easy to ad- joyed singing. Just last year, Master of sewer main and water pipe are over minister and will have a minimal im- Sergeant Hood returned to duty after 80 years of age. pact on the consumer. They will be at recovering from a near-fatal tractor

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17658 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 accident that reaffirmed and strength- tune time, as we were able to do 2 will be met by broad and bipartisan ened his faith. years ago, to use the power of this Con- support. If memory serves, 2 years ago Master Sergeant Hood was a devoted gress and the people in this Congress when I brought the Pence amendment husband to his wife, Lisa, and a loving on both sides of the aisle to advocate banning the fairness doctrine from father to his children, Matthew, Stacie for the freedom of the airwaves of being implemented by the FCC, more and Stephanie, and a loyal colleague of America by limiting the ability of the than 305 Members of Congress voted for his fellow troopers. Federal Communications Commission it, including 100 Members of the Demo- Please join me today in remembering to bring back the so-called fairness crat majority. the life of Master Sergeant Steve Hood doctrine. So I urge support for the broadcaster and mourning his death. I thank my But first, for the uninformed, the freedom amendment. Join us in em- colleagues for honoring this Mississippi fairness doctrine is something of an Or- bracing freedom on the airwaves of and American hero, Master Sergeant wellian and Depression-era Federal America. Steve Hood, and his family at this Communications Commission rule that f time. was devised back in 1949. As I men- 65TH ANNIVERSARY OF f tioned, it required radio broadcasters to present both sides of an opinion LIBERATION OF GUAM ENSURE BROADCAST FREEDOM when discussing controversial topics. It The SPEAKER pro tempore. The The SPEAKER pro tempore. The put unelected bureaucrats at the FCC Chair recognizes the gentlewoman from Chair recognizes the gentleman from in charge of enforcement in deter- Guam (Ms. BORDALLO) for 5 minutes. Indiana (Mr. PENCE) for 5 minutes. mining what speech was legal. Because Ms. BORDALLO. Madam Speaker, Mr. PENCE. Madam Speaker, the of lack of clarity in the commission’s the events of World War II seem to be American people love a fair fight; and ruling, broadcasters more often than lost in translation, interpreted as so do I, especially where the issues of not opted to offer noncontroversial events that occurred rather than the day are being debated. In a free programs in lieu of hours of paperwork, events that affect. For many, the market, though, fairness should always countless legal fees, and a potential events of the past no longer shape our be determined based upon the equality threat to their broadcast license. views of the future. For this reason, I of opportunity, not equality of results. Recognizing the chilling effect the come to the Chamber this morning to Everyone should, in effect, have a regulation was having on broadcast speak about an important chapter in chance to make their case. freedom, the FCC began to overturn its American history. A chapter that too That’s why it is so disturbing to own ruling on the fairness doctrine in few Americans know. many of us that some of the leading 1985. Following that change in policy Early this morning, Congressman voices in Congress over the last 2 years and President Reagan’s veto of at- SABLAN and I were joined by the Honor- have been calling for Congress to en- tempts to reinstate it, the results have able David Hayes, Deputy Secretary of force an idea of fairness on the air- been dramatic. the Interior, Major General Donald waves of America in the form of restor- Think about it. Before the fairness Goldhorn, former Congressman Ben ing the so-called fairness doctrine. But doctrine was repealed, there were some Blaz, Congressman JOE WILSON, and our Nation should always proceed with 125 talk radio stations in America. Now friends of Guam in laying a wreath at caution whenever some would achieve there are more than 2,000. While names the Tomb of the Unknown Soldier in fairness by limiting the fairness of oth- like Limbaugh, Hanity, Laura Arlington. We honored the soldiers, the ers. Ingraham, and other conservative gi- sailors, the airmen, the marines, and The American people cherish their ants are better known to many, the Coast Guardsmen who participated in freedom. It is, in effect, a blood-bought truth is when you look at the totality the battle in the liberation of Guam right. There is totality of agreement of the talk radio marketplace, from the and the Northern Marianas during on this floor about that. In fact, I be- local level to the regional level to the World War II. lieve that is why President Ronald national level, there is an extraor- Our ceremony also honored the liber- Reagan repealed the so-called fairness dinary diversity of opinion. Many pro- ated, the Chamorros, the indigenous doctrine after it had been in place for gressive, moderate, and liberal pro- people of Guam, who remained stead- almost four decades back in 1987. The grams succeed extraordinarily well at fast in their loyalty to the United fairness doctrine regulated the content the local level in many markets around States during the war and who endured of radio for much of the last century, the country. enemy occupation. and limited the ability of radio sta- Unfortunately, in spite of this recent Tuesday, July 21, 2009, marks the tions to deal with controversial issues history and the breakout of broadcast 65th anniversary of the liberation of without meeting a standard of equal freedom since 1987, there has been talk Guam. Guam was attacked by the Im- time or balance or record keeping. As a in the last several years about the need perial Japanese forces on December 8, result of that, as many of us old to level the playing field of radio 1941, at the same time that Pearl Har- enough to remember will attest, talk broadcasting by restoring the fairness bor, Hawaii, was attacked, the dif- radio as we know it today virtually did doctrine. Let me say from my heart, I ferent dates owing to the international not exist before 1987. believe it is dangerous to suggest that dateline. Guam was subsequently in- Well, with some of the talk of restor- a government bureaucracy would be a vaded by the Imperial Japanese forces ing the fairness doctrine to the law of competent arbiter of free speech. As a on December 10, 1941, and occupied the land, Congressman GREG WALDEN former radio talk show host myself, I until liberation on July 21, 1944. of Oregon and I have been working over know personally what the fairness doc- The story of the people of Guam and the last 2 years to ensure broadcast trine meant to radio back in the day, the campaign to liberate them from oc- freedom. We have authored the Broad- and I know it would ultimately muzzle cupation is an American story of cour- caster Freedom Act which is cospon- what is the dynamic public discussion age and sacrifice. It is an important sored by every Republican in the House that we call talk radio in America part of American history, and one of of Representatives. This week we will today. pride and determination in the face of bring to the floor a broadcaster free- Let me be clear on this. I believe the overwhelming obstacles, barriers con- dom amendment as part of the Finan- broadcaster freedom amendment that structed by the Japanese war machine cial Services Appropriations bill. Many we will bring this week gives Members in the form of forced labor, forced who are watching may not know that of this body an opportunity to say marches, internment and public execu- the Federal Communications Commis- ‘‘no’’ to the fairness doctrine and to tions, and a true test of loyalty, a test sion receives its entire budget through say ‘‘no’’ to a new iteration of it that that had not been asked but for a very the Financial Services Appropriations takes the formation of regulations few civilian communities under the bill, and we believe this is an oppor- under the rubric of localism, I believe American flag in the 20th century.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17659 So I come to the floor today to bring Accordingly (at 11 a.m.), the House The Clerk read the resolution, as fol- honor to the Chamorros who were oc- stood in recess until noon. lows: cupied, and to the servicemen who lib- f H. RES. 640 erated them. The liberation of Guam Resolved, That the following member be, from enemy occupation during World b 1200 and is hereby, elected to the following stand- War II marked a pivotal point in AFTER RECESS ing committee: Guam’s history and was a key battle COMMITTEE ON STANDARDS OF OFFICIAL CON- The recess having expired, the House DUCT—Mr. Harper. for the Allied Forces in ending the war was called to order by the Speaker pro Mr. PENCE (during the reading). Mr. in the Pacific. tempore (Mr. HOLDEN) at noon. The liberation of Guam by the United Speaker, I ask unanimous consent that the resolution be considered as read States Armed Forces from the Imperial f and printed in the RECORD. Japanese Empire allowed for the first PRAYER The SPEAKER pro tempore. Is there time the installation of air bases that The Chaplain, the Reverend Daniel P. objection to the request of the gen- would house land-based aerial bombers, Coughlin, offered the following prayer: tleman from Indiana? putting them in reach of the main is- Lord, hear the prayers of Your people There was no objection. land of Japan. The air offenses from across this Nation. Bring the The resolution was agreed to. launched from the Mariana Islands hearts of all believers together in an A motion to reconsider was laid on were effective in subduing the Imperial act of praise and thanksgiving for Your the table. Japanese war effort, bringing the war endowment of freedom and the desire f to an end and saving the lives of many. to serve You by our work and the com- HEALTH CARE Prior to the Japanese invasion, passionate love we show this day. Guam Armed Forces consisted of 153 Make us instruments of peace in the (Mr. PASCRELL asked and was given permission to address the House for 1 marines, 271 U.S. Navy personnel, 134 midst of a world filled with suspicion, minute.) civilian construction workers, and 247 competition and self-deception. Mr. PASCRELL. Mr. Speaker, I rise Chamorro members of the Insular In us and through us, manifest the Guard. The Insular Guard protected to express how important it is that we gift of reconciliation and solidarity pass comprehensive health reform this the community on Guam during the in- that this Congress may be strong in its vasion. During the occupation, the Im- year that expands health insurance purpose to serve the common good of coverage, reins in spending, and is fis- perial Japanese Forces attempted to the people and give You the glory You turn the Chamorro people against the cally responsible. deserve, both now and forever. The health reform package that the United States. But the Chamorro peo- Amen. ple remained steadfastly loyal to the committees will consider this week United States through the 32-month f shows a genuine commitment to re- occupation. THE JOURNAL versing the current unsustainable On the eve of the American landings trends, to providing stability for hard- The SPEAKER pro tempore. The working Americans, and to being fis- on the island in 1944, all 22,000 Chair has examined the Journal of the Chamorro inhabitants of Guam were cally responsible. There is no question last day’s proceedings and announces that we must take action and that our forced to march to Mannengon Hills to the House his approval thereof. and other locations to be interned in actions must be fully paid for. With Pursuant to clause 1, rule I, the Jour- these ground rules, we face difficult de- concentration camps to maintain con- nal stands approved. trol of the population in fear of an up- cisions, many of which may not be po- rising. f litically popular, but my colleagues This is a true story of American PLEDGE OF ALLEGIANCE and I on Ways and Means are fully committed to paying for this essential courage. The Chamorro people of Guam The SPEAKER pro tempore. Will the were loyal Americans at the time, and legislation. gentleman from New Jersey (Mr. PAS- Our current path in delivering health it was the first time that a foreign CRELL) come forward and lead the care is unsustainable, and I share with power invaded U.S. soil since the War House in the Pledge of Allegiance. you some disturbing figures from my of 1812. Despite fear of their captors Mr. PASCRELL led the Pledge of Al- home State of New Jersey that illus- and their will, the Chamorro people re- legiance as follows: trates the point. mained steadfast in their loyalty, and I pledge allegiance to the Flag of the New Jerseyans are paying more and were brave in providing aid to the United States of America, and to the Repub- getting less. Between 2000 and 2007, the American soldiers hiding from enemy lic for which it stands, one nation under God, average New Jersey worker’s share of capture. These acts of courage were indivisible, with liberty and justice for all. family premiums nearly doubled, out- punishable by death. Some experienced f pacing the growth in wages nearly five horrific events, massacres at Malesso’ times over. and Tinta and Faha’ where Japanese MESSAGE FROM THE SENATE Mr. Speaker, we must act this week, soldiers herded families into caves and A message from the Senate by Ms. and we must act with all due resolve. threw hand grenades and delivered Curtis, one of its clerks, announced f small arms fire until dozens lay dead. that the Senate has passed with an Their loyalty was put to the extreme DO NOT MAKE THE CIA A amendment in which the concurrence ˜ test of sacrifice. of the House is requested, a bill of the POLITICAL PINATA So as we approach Liberation Day House of the following title: (Mr. DANIEL E. LUNGREN of Cali- next week on Guam, we remember our H.R. 2965. An act to amend the Small Busi- fornia asked and was given permission elders who lived through the occupa- ness Act with respect to the Small Business to address the House for 1 minute and tion and also the several thousand Innovation Research Program and the Small to revise and extend his remarks.) members of the U.S. Armed Forces who Business Technology Transfer Program, and Mr. DANIEL E. LUNGREN of Cali- gave their lives while defending and for other purposes. fornia. Mr. Speaker, now is not the liberating Guam. f time for us to make a political pin˜ ata f out of the CIA. How long ago was it ELECTING A MINORITY MEMBER that 9/11 occurred? And what did the RECESS TO A STANDING COMMITTEE commission on 9/11 tell us? It said we The SPEAKER pro tempore. Pursu- Mr. PENCE. Mr. Speaker, by direc- did not have adequate intelligence. We ant to clause 12(a) of rule I, the Chair tion of the Republican Conference, I had lost an entire generation of intel- declares the House in recess until noon offer a privileged resolution and ask ligence operatives as a result of prior today. for its immediate consideration. action by this Congress.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17660 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 We can talk about the Church Com- Warren Township is not your typical Amelia Earhart and pass it on to Sally mittee report. We can talk about what big city suburb. Once described as ‘‘the Ride. happened during the Carter adminis- greenest place in New Jersey,’’ Warren Last month, after the President tration. We can talk about what hap- Township is home to major corpora- signed into law a measure that honors pened in the Clinton administration. tions like Chubb Insurance and Alberta and her fellow WASP with a We thought we didn’t need human in- Citigroup. Yet the community retains Congressional Gold Medal, it was our telligence; we could do it all with elec- its rural character through open space hope that she would be able to travel tronic. and its 72 working farms. to Washington in the near future to The way to attract people, bright Good schools and family friendly take part in a ceremony commemo- young people, committed patriots, to township recreation, among other rating this honor. But sadly, Alberta this country’s intelligence is not to go things, make Warren Township just passed away this past Friday evening. after the CIA, is not, after the fact, for one of the many great places in New On behalf of the people of western what appears to be political reasons, to Jersey to live, work and raise a family. New York, I extend my deepest sym- threaten criminal investigations of Congratulations to Warren Township. pathies to Alberta’s loved ones and ask those who are doing nothing more than I’m proud to be the township’s rep- the House to join me in honoring this trying to save this country from at- resentative in Washington. distinguished member of the Greatest Generation. tack by others who would try and kill f innocent Americans. f DEFENDING ARIZONA VALUES This outrage must stop. Do not make CAMPAIGN THE SIGNIFICANCE OF HEALTH the CIA a political pin˜ ata, for whatever CARE REFORM purpose. (Mrs. KIRKPATRICK of Arizona (Ms. LORETTA SANCHEZ of Cali- f asked and was given permission to address the House for 1 minute.) fornia asked and was given permission A GOOD DAY TO STAND UP FOR Mrs. KIRKPATRICK of Arizona. Mr. to address the House for 1 minute and COMPREHENSIVE HEALTH CARE Speaker, wherever I go in my district, to revise and extend her remarks.) Ms. LORETTA SANCHEZ of Cali- REFORM I hear the same thing. Folks feel like fornia. Mr. Speaker, I rise today to (Mr. ELLISON asked and was given greater Arizona’s values are not being highlight the significance of health permission to address the House for 1 represented in Washington. care reform for our country and to em- minute.) In this historic and challenging time, phasize the importance of keeping the Mr. ELLISON. Mr. Speaker, what a it is more important than ever for real VIPs, the people, involved in the glorious day and a great time to be in someone to stand up for what is impor- process. Congress. We have an opportunity to tant to us. I am determined to give Health care reform is evolving rap- preside in this 111th Congress when we voice to our values. idly, and I want to ensure that the peo- pass comprehensive health care reform Today, I am launching my ‘‘Defend- ple back home have real input into with a public option. ing Arizona Values’’ campaign to con- what is going on here in Washington, You know, the fact is that millions of tinue my fight for the ideals I was DC. Americans are looking forward to the raised with in rural Arizona. I will take Earlier this year, I set up a Health day when they don’t have to worry on big government to make it more ac- Care Advisory Committee, which I about being excluded for a preexisting countable and responsive to our needs, meet with every month and which my condition, when they will have true instead of just offering handouts and staff deals with on a daily basis. Mem- portability, when we can unlock the weighing us down with bureaucracy. I bers of the advisory committee not true entrepreneurial talent of America will also work to preserve our tradition only receive the news that’s happening because people will be able to go and of self-reliance. here on Capitol Hill with respect to pursue their entrepreneurial dreams As part of this effort, I am proud to health care, but they actually give us without fear of losing health care. announce that I have signed on as a co- their input of what they’re hearing and The fact is the other team, look, they sponsor to the Federal Reserve Trans- what they want to see in a health care had their day. They tried and all we parency Act. We need more oversight reform bill. Their expert opinions are have gotten is sicker at a higher ex- and accountability in our government, so valued in our ability to try to decide pense, and we’ve been dying earlier. We and auditing the Fed is a valuable step what to do here. And next week I will haven’t seen better outcomes with sta- in the right direction. hold a town hall meeting where people tus quo health care, and people who f back home can come and actually give stand for the status quo, they have had PAYING TRIBUTE TO THE LIFE OF us their ideas and listen to what is their shot and their time has run. ALBERTA KINNEY going on here with the development of So, Mr. Speaker, thank you for pre- health care reform. siding today. This is a good day to (Mr. LEE of New York asked and was I encourage all of my colleagues to stand up for comprehensive health care given permission to address the House go home and to hold these types of reform and a strong, robust public op- for 1 minute.) meetings and to listen to what the peo- tion. Mr. LEE of New York. Mr. Speaker, ple really want. f today I rise to pay tribute to the life of Alberta Kinney, an Amherst, New f IN TRIBUTE TO WARREN York, resident who answered the Na- $18 MILLION CAN’T BUY TOWNSHIP, NEW JERSEY tion’s call to service during World War CREDIBILITY (Mr. LANCE asked and was given per- II. (Mr. REHBERG asked and was given mission to address the House for 1 In 1944, Alberta became part of the permission to address the House for 1 minute.) first group of women to fly military minute.) Mr. LANCE. Mr. Speaker, I rise aircraft for the United States. The pri- Mr. REHBERG. As some are toasting today to congratulate Warren Town- mary mission of the Women Airforce the success of the so-called stimulus, ship, New Jersey, for being named one Service Pilots, or WASP as they came unemployment rates spiral out of con- of Money magazine’s top 100 places to to be known, was to fly noncombat trol. Now the White House plans to live for 2009. Warren Township was military missions so that their male spend 18 million taxpayer dollars to re- ranked sixth in the Nation in the mag- counterparts could be deployed to com- design the Web site that tracks how azine’s annual rankings. bat. many jobs have been ‘‘saved or cre- Located in the heart of the Watchung The WASP did much more than ful- ated’’ by the stimulus. Mountains 35 miles west of New York fill wartime needs, overcoming signifi- Montanans shouldn’t be asked to foot City in Somerset County, New Jersey, cant hurdles to carry the torch for the bill for a Web site that only serves

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17661 as political damage control for a fail- gram. I won’t read his whole essay. You When Big Government is in charge of ing big government policy. We’d rather can go to my Web site and check it out. the job creation business instead of pri- know the reality on the ground. That’s But essentially he said that if he vate industry, it’s easier to create mil- why I launched a Web site that lets my were a mayor for a day, he would start lion-dollar public relations propaganda constituents report their experiences a CARE program, which essentially signs than it is to create real jobs. with the stimulus. Montana Stimulus stands for Caring and Respecting Ev- And that’s just the way it is. Watch didn’t cost taxpayers millions of eryone. I think in this day and this age f in the 111th Congress, all of us can dollars, but it did bring to light that a HEALTH CARE company had to lay off 24 workers be- learn from the wisdom of Brad Martin. (Mr. MCDERMOTT asked and was cause stimulus dollars went to an out- f given permission to address the House of-State contractor to pave a Montana WHEN IS ENOUGH, ENOUGH? road. for 1 minute.) Mr. MCDERMOTT. Mr. Speaker, I doubt those layoffs will be counted (Ms. SPEIER asked and was given we’re closing in on a moment in Amer- in the slippery ‘‘saved or created’’ for- permission to address the House for 1 ican history that has taken over 70 mula, but then again, $18 million can’t minute.) years to reach. In the mid-1930s, Frank- buy credibility. Ms. SPEIER. When is enough enough? AIG is getting ready to pay lin Delano Roosevelt considered a pro- f out more in retention bonuses. This is posal that would extend health care WOMEN IMMIGRANTS—THE NEW on top of the $165 million they paid out coverage to every American. But he FACE OF MIGRATION IN AMERICA in March to the same executives whose withdrew the idea because the political credit default swaps and other poorly will was not up to the challenge at the (Ms. HIRONO asked and was given designed financial products drove the time. But times have changed. permission to address the House for 1 world economy off a cliff. President Obama has called on the minute.) The only difference is this time Congress to pass comprehensive health Ms. HIRONO. Mr. Speaker, today I around they are trying to get the care reform legislation—and he has the hosted a panel discussion on the results American people to say that what support of the American people behind of a historic poll on women immigrants they’re doing is right. him, especially the middle class. to America. Today, women comprise Give me a break. There are countless facts and figures half or more of the immigrants enter- Taxpayers have already infused $170 to support his effort. There are maps, ing this country. Women are the new billion into AIG. And where is their there are charts, there are all kinds of face of migration in America. break? A teacher in my district gets spread sheets, but there is one fact Among the findings of this historic $60,000 a year. A bench scientist coming that stands out above all others: Every poll, many women immigrants ac- up with a cure for cancer gets maybe American today either faces his or her knowledge speaking little or no $200,000 a year. An ER doc saving peo- own health care crisis or knows some- English, while confronting anti-immi- ple’s lives every single day gets maybe one who is. grant discrimination, lack of health $350,000 a year. When Americans play by the rules care, and low-paying employment, well AIG has asked the administration’s but see their economic lives threatened below the status of the professional compensation czar, Kenneth Feinberg, and destroyed because of their medical work most did in their home countries. to sign off on these bonuses—even expenses, America must change. We are Thirty-eight percent of the women while acknowledging he has no author- at the crossroads of providing a fair came to join family members; 22 per- ity to stop them. Why? Because AIG deal for the American people. But we cent to make a better life for their wants cover. cannot take progress for granted. children. Their top two biggest chal- I urge Mr. Feinberg to reject AIG’s Times like this don’t come along very lenges were helping their children request. often. We cannot afford to let this one achieve success and being able to hold f fall short. their families together. f The poll data paralleled my mother’s GOVERNMENT PROPAGANDA own experience in bringing me and my SIGNS CONGRATULATING MS. SUSAN brothers to the United States from (Mr. POE of Texas asked and was LEWIS ON 45 YEARS OF EDU- Japan in the mid-1950s: her desire to given permission to address the House CATIONAL SERVICE build better futures for us; her early, for 1 minute.) (Mr. BOOZMAN asked and was given low-paying, no-benefits jobs; her deter- Mr. POE of Texas. Mr. Speaker, if permission to address the House for 1 mination to keep the family together there’s one thing the Feds are really minute and to revise and extend his re- as head of household. good at, it’s wasting money. And marks.) The importance of family to women thanks to the so-called stimulus bill, Mr. BOOZMAN. I rise today to honor immigrants is something we can all re- there are billions of citizen dollars Ms. Susan Lewis, who spent her life in late to and support as we discuss and floating around loose being blown by the classroom devoting her time to debate immigration reform. the wasteacrats. educating our youth. Ms. Lewis is re- In a report released last week by the tiring from 45 years of teaching. More f Government Accountability Office, we than 30 of those years were spent at b 1215 found out that the money is not being Coleman Junior High in Van Buren, used to create permanent jobs in the Arkansas, teaching algebra. MAYOR FOR A DAY private sector as it was intended. It’s Coleman Junior High will undoubt- (Mr. ROSKAM asked and was given actually being used to pay for over- edly be losing an amazing individual permission to address the House for 1 spending in State budgets and expand who contributed to the lives of two minute.) government bureaucracy. generations of Arkansans. Her time in Mr. ROSKAM. A few years ago, my In some States, Mr. Speaker, they’re the classroom provided her students predecessor, Congressman Henry Hyde, erecting signs to try to convince people the necessary tools for building a started a great program. It was an ini- that the government stimulus boon- brighter future. tiative to invite young men and women doggle is a success. Here’s one of those Ms. Lewis exemplifies the idea that to participate in a civic conversation. signs. This sign is being posted where with good teachers there is improved It’s in Elmhurst, Illinois, and it’s a no construction has actually started— student achievement. Her hard work Mayor for a Day program. and the signs cost $2,000 in Pennsyl- and dedication made her a model for I am pleased to announce that Brad vania and New York. New Jersey pays success for students and her coworkers. Martin of Brian Middle School was the $3,000 for a sign like this. Who’s mak- We are blessed to have had such a car- winner of the Mayor for a Day pro- ing these signs—Michelangelo? ing teacher as Ms. Lewis. I commend

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17662 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 her for her service as well as her good but reflect the problem of women insurance rates. In fact, the Republican work and wish her continued success in across the country. plan will reduce health care costs, ex- future endeavors. Here in Congress I work to empower pand access, increase the quality of I ask my colleagues today to join women to be self-sufficient and support care for Americans. Most importantly, with me in honoring Ms. Lewis, a won- policies that enhance women’s eco- the plan ensures that medical decisions derful teacher who has always and will nomic security, including legislation are made by patients and their doc- be dedicated to the students of the to provide paid parental leave to Fed- tors—not government bureaucrats. Third District of Arkansas. eral employees. The Democrat’s government-run f I will continue to work for south health care program is the wrong deci- Florida women by promoting initia- sion for America. Let’s support the HEALTH CARE CHOICE FOR THE tives that protect the rights of women plan that offers Americans the freedom AMERICAN PEOPLE across the Nation. and choices they deserve without (Mr. GRIJALVA asked and was given f strangling future generations with in- permission to address the House for 1 surmountable debt. HEALTH CARE CRISIS ALSO AN minute.) f Mr. GRIJALVA. Private health in- ECONOMIC CRISIS MEANINGFUL REFORM NEEDED surance companies have two-thirds of (Mr. DRIEHAUS asked and was given all Americans that have insurance en- permission to address the House for 1 (Mr. BRALEY of Iowa asked and was rolled in their plans, and they pay one- minute.) given permission to address the House third of the overall costs for health Mr. DRIEHAUS. Mr. Speaker, until for 1 minute.) care in this country. Two-thirds of that we fix health care in this country, fam- Mr. BRALEY of Iowa. Mr. Speaker, cost is borne by the American taxpayer ilies and small businesses will bear a as a member of the Health Sub- and the working middle class of this heavier and heavier financial burden committee I have been a strong sup- country. that will slow economic recovery and porter of meaningful health care re- You will hear in the next few days a stifle growth and investment. form, including a robust public health lot of harping about the cost of health In Ohio, health care costs for small insurance option. But there’s a problem with the plan care reform for this Nation. I think the businesses have grown 30 percent in re- that’s on the table because it incor- only way—and I believe sincerely—to cent years. Employer coverage across porates a Medicare reimbursement sys- reduce health care costs, bring private the State has declined, so that now less tem that isn’t fair. And all you have to insurance companies under control by than half of all small businesses offer do is look at States like Iowa and Min- having a competitive plan, is to have a health care coverage benefits to their nesota, which consistently rank in the public option. employees. top five in terms of quality patient A public option does not deny people The average Ohio family that does outcomes and in the bottom five in health care because of preexisting con- receive health care coverage from their Medicare reimbursement. Or look at ditions—a public option in the free employer pays nearly $13,000 in pre- the State of Louisiana, where we spend marketplace that competes with pri- miums every year. And because more more per Medicare patient than any vate insurance, and a public option than 1 in 10 Ohioans lives without any other State, and Louisiana is ranked that extends health benefits and oppor- health insurance, Ohio’s economy loses 50th in objective patient outcome tunities to all Americans. between $3.5 billion and $7 billion every measurements. If we are going to do health reform year due to lost productivity. That system is flawed. When you right, we must provide competition for The health care crisis is an economic base the public health insurance option public insurance, and we must provide crisis, and part of fixing our economy on Medicare plus 5 percent, you perpet- opportunity and choice for the Amer- is ensuring that every single American uate an inefficient system. ican people. has quality, affordable health care. The Medical economists will tell you the f status quo is no longer tolerable for most effective way to take this head on Ohio and no longer tolerable for Amer- THE WOMEN’S FUND OF MIAMI- is to address the problem of over-utili- ica. DADE COUNTY zation in geographic parts of the coun- f try which waste money and result in (Ms. ROS-LEHTINEN asked and was poor patient outcomes. given permission to address the House AMERICANS DESERVE A BETTER SOLUTION Unless we incorporate those incen- for 1 minute and to revise and extend tives into this public option and ad- her remarks.) (Mr. TIAHRT asked and was given dress this problem with Medicare, we Ms. ROS-LEHTINEN. The Women’s permission to address the House for 1 will never have meaningful reform. Fund of Miami-Dade County is a cata- minute.) lyst for social change and economic Mr. TIAHRT. Mr. Speaker, the tril- f justice, assisting women to reach their lion-dollar stimulus bill produced by STIMULUS BILL NOT WORKING full potential. Together with the Re- the Obama administration and congres- (Mr. PENCE asked and was given per- search Institute on Social and Eco- sional Democrats is not working. Un- mission to address the House for 1 nomic Policy at Florida International employment is nearing double digits— minute and to revise and extend his re- University, the Women’s Fund pub- and rising. Americans are hurting as marks.) lished a report entitled: Portrait of they struggle to find work and pay the Mr. PENCE. Will Rogers once said: Women’s Economic Security in Greater bills. So, what’s next? The opposite of progress is Congress. Miami, which reflects the dire eco- Despite all the broken promises, now Watching the debate on the floor nomic situation facing women. the liberals want to meddle with the today, I start to get a better idea about More than half of working women do health care system and spend another what he meant. not earn adequate income to cover trillion dollars. For their plan to work, At a time when our country is facing their most basic necessities. Eighty-six Democrats are proposing tax hikes on the worst recession in a quarter of a percent of single mothers do not have everything from small businesses to century, the Democrat majority here enough income to be self-sufficient. the elimination of the tax deduction in Congress just got done passing a na- Nearly 20 percent of women who work for charitable contributions to tax tional energy tax that will raise the are underemployed. And only one- hikes on your favorite soft drink at the cost of utilities for every American fourth of women have a retirement or convenience store. household. And now they’re down here pension plan. Americans deserve a better solution. on the floor talking about raising taxes The numbers in these categories are House Republicans have a plan that for a government takeover of health in- even lower than the national average won’t bankrupt us or increase private surance. All the while, millions of

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17663 Americans are out of work, hundreds of mulative amount of money the Amer- for all Americans would be a very good thousands of Americans continue to ican people owe; and over the course of and meaningful start. lose their jobs every month. the past Congresses, it, too, has sky- The current health care debate, Now, when this trillion-dollar stim- rocketed. which focuses on a loosely defined, gov- ulus bill was passed in February, we As of June 30, the national debt stood ernment-operated ‘‘public option,’’ has were told that it would create jobs im- at $11.5 trillion. During the month of yet to address several underlying com- mediately. It would hold unemploy- June, the national debt increased by plexities within our system. But the es- ment below 8 percent. Well, unemploy- over $223 billion. The government spent sential question here is really simple: ment is now 9.5 percent. It’s the worst over $18 billion in interest payments in How do we improve health outcomes in 26 years. just the month of June. That is $600 and reduce costs while protecting vul- Almost 2 million people have lost million a day. nerable persons? A thorough policy de- their jobs since the so-called stimulus Because the Congress did not have bate must be grounded in these corner- bill passed. And yet, the President just the self-discipline to spend less than it stone objectives to effectively improve said, It’s done its job. This weekend, he took in, $600 million of your money is the quality of and access to health care said the stimulus was ‘‘working ex- going out the door in interest pay- for all Americans, or else we are simply actly as we anticipated.’’ ments. We can no longer afford to run discussing a new government-financing With all due respect to the President Congress on a credit card. mechanism without regard to of the United States and my Democrat f unsustainable cost projections. colleagues, the stimulus bill is not H.R. 2738 f working. And the American people RECOGNIZING HARLAN AND know it. The American people deserve (Mr. TEAGUE asked and was given CHARLIE STOKES a recovery plan that will create real permission to address the House for 1 jobs and real recovery—and that’s fis- minute.) (Mr. KLINE of Minnesota asked and cal discipline in Washington, D.C., and Mr. TEAGUE. Mr. Speaker, during was given permission to address the tax relief for working families, small the 4th of July recess, I traveled home House for 1 minute and to revise and businesses, and family farms. to visit with constituents and speak extend his remarks.) with them about their problems and Mr. KLINE of Minnesota. Mr. Speak- f find ways in which we could help them. er, today I rise to honor the actions of b 1230 As is often the case, my constituents two brave men from my district, Mr. HEALTH CARE REFORM continue to inspire me with their will- Harlan Stokes and his son Charlie. ingness to take on hard challenges and Last August, Harlan, an Eagle Scout (Mr. HIMES asked and was given per- help their family and neighbors in himself, and Charlie, who was well on mission to address the House for 1 need. Many throughout my district his way to earning his Eagle Scout minute.) volunteer their time to drive veterans rank, set out to conquer Longs Peak in Mr. HIMES. Mr. Speaker, the cost to medical appointments, even though the Rocky Mountain National Park. and inefficiency of our health care sys- the drive can last over 3 or 4 hours. It Little did they know they would need tem is embarrassing. It is the only is tough, but oftentimes it is what all of their scout training before the word. American families pay $1,100 needs to be done for a veteran needing day was done. extra every year through their health medical services. As the two reached the top of the insurance premiums to fund care for That is why I have introduced H.R. mountain, a powerful storm hit, bring- the patients who are unable to pay 2738, a bill that would direct the Sec- ing with it gale-force winds, rain and their hospital bills. The U.S. mean- retary of the VA to reimburse family hail. Harlan and Charlie quickly head- while ranks 42nd in the world in life ex- caregivers of disabled veterans for ed down the mountain; but as they pectancy, and the overuse of invasive travel expenses, including lodging and went down, they found other less pre- medical procedures is dangerous to food, when they take vets for appoint- pared hikers. Bravely staying to help, many. Unexpected health care expenses ments and treatments. Rural veterans they gathered those they had found is the leading cause of bankruptcy face too many obstacles when seeking and ran for shelter in a nearby cave. amongst American families. medical treatment, and I believe this Over the next 2 hours, the father-son The system is bankrupting the Gov- legislation will make their lives a lit- duo selflessly cared for 23 hikers while ernment of the United States, of Con- tle easier and help get them the care they themselves began to suffer from necticut and of the other 49 States. We that they need. We made a lot of prom- hypothermia. have got to get this reform right. It is ises to our veterans, and it’s about As a result of their courageous ac- critical to American families, to fiscal time we begin to honor them. tions, all 23 hikers made it off the prudence, and to the future of this I hope that my colleagues will sup- mountain safely. To honor their her- country. It won’t be easy, but inaction port this very important piece of legis- oism, the two were awarded one of the is simply not an option. lation, and I urge its passage. Boy Scouts’ most prestigious awards, f f the National Medal of Merit. Today we salute their bravery and CREDIT CARD CONGRESS STRENGTHENING AMERICA’S honor their selflessness. Harlan and HEALTH CARE SYSTEM (Mr. CHAFFETZ asked and was given Charlie’s story exemplifies the quali- permission to address the House for 1 (Mr. FORTENBERRY asked and was ties of the Boy Scouts of America and minute and to revise and extend his re- given permission to address the House represents the best that America has marks.) for 1 minute and to revise and extend to offer. Mr. CHAFFETZ. Mr. Speaker, I rise his remarks.) f today with grave concern about this Mr. FORTENBERRY. Mr. Speaker, as ‘‘credit card Congress.’’ Every problem Congress takes on the essential task of GOVERNMENT INTRUSION INTO seems to come with a spending plan, strengthening our health care system, THE HEALTH CARE SYSTEM and no amount of money seems to be we have an extraordinary opportunity (Mr. BROUN of Georgia asked and enough. here to do something good and right was given permission to address the The national deficit is our annual for the American people. While the House for 1 minute and to revise and discrepancy between tax revenue and challenges before us are multiple, extend his remarks.) public expenditures. We just exceeded shifting the health care paradigm from Mr. BROUN of Georgia. Mr. Speaker, the $1 trillion deficit mark for this a system that treats the symptoms of Americans are hurting because of the year, and we still have a long way to go sickness and disease to one that pro- high cost of health care. I am a medical this year. Our national debt is the cu- motes life-long wellness and prevention doctor. We need to fix the system. It is

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17664 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 affecting everybody. It is health care OUR NATIONAL DEBT OF $11.5 Mr. SCALISE. Mr. Speaker, yester- financing that is the problem. Why are TRILLION day the deficit for this year exceeded $1 health care expenses so high? (Mr. WESTMORELAND asked and trillion, just in this year. In fact, since In my rural south Georgia medical was given permission to address the President Obama has taken office, practice, I had a lab. Congress passed a House for 1 minute and to revise and more than 2 million Americans have bill called CLIA, the Clinical Labora- extend his remarks.) lost their jobs. And now with that tory Improvement Act, that shut down Mr. WESTMORELAND. Mr. Speaker, backdrop, what is this administration my lab. Prior to being shut down, if a as we heard a previous speaker say, the talking about? First of all, the Presi- patient came to see me with a red, sore national debt right now, as of June 30, dent is going around saying, The stim- throat and running a fever, I would do stood at $11.5 trillion. ulus bill has done its job and is work- a CBC, a complete blood count, to see How much is 1 trillion? Does every- ing exactly as we anticipated. Did they if they had a bacterial infection and body know how much 1 trillion is, Mr. anticipate a bill that would cost $800 thus needed antibiotics, or a viral in- Speaker? I don’t know, but I would like billion in money we don’t have and now fection where antibiotics are not going to explain it. One million seconds, 1 2 million more Americans losing their to help. I charged $12 to do the test in million seconds is a little over 11 days. jobs? 5 minutes. CLIA shut my lab down. I One billion seconds is 31 years and 8 It is time we get this right. While the had to send patients across the way to months, 31 years and 8 months for 1 bil- White House is talking about even an- the hospital, 2 to 3 hours at $75. lion seconds. How many years is 1 tril- other stimulus bill, the American peo- It is government intrusion into the lion seconds? One trillion seconds is ple are saying enough is enough. Stop health care system that has caused 31,710 years; 31,710 years is made up by the spending, the borrowing and the this high cost. We have got to get the 1 trillion seconds. taxing and let’s get Americans back to government out of it. This public op- Mr. Speaker, if I were to give some- work. Let’s actually provide that relief tion is going to force everybody from body $1,000 a second, 60 seconds a to small businesses and average Amer- their private insurance over to a public minute, 60 minutes an hour, 24 hours a ican families that we, on the Repub- insurance where the system is already day, 7 days a week, 52 weeks a year, 365 lican side, proposed and President broken, where we are having rationing days, it would take me 31.7 years to Obama didn’t even want to look at. of care and where a government bu- spend $1 trillion. It’s time to bring bipartisanship and reaucrat is going to make health care f real solutions to this problem that is decisions for you. The American people facing our country instead of that tired need to stand up and say ‘‘no’’ to this THE EFFECTS OF THE STIMULUS old adage of spending and spending and public option. BILL borrowing and now taxing with this (Mr. GARRETT of New Jersey asked cap-and-trade and this health care gov- f and was given permission to address ernment takeover. We have got to get HARD TIMES IN THE FIRST the House for 1 minute.) back on track. DISTRICT OF SOUTH CAROLINA Mr. GARRETT of New Jersey. Mr. f Speaker, back in January of this year, (Mr. BROWN of South Carolina asked this administration issued a report AMERICANS DESERVE BETTER and was given permission to address called, ‘‘The Job Impact of the Amer- (Ms. FOXX asked and was given per- the House for 1 minute.) ican Recovery and Reinvestment Act,’’ mission to address the House for 1 Mr. BROWN of South Carolina. Mr. the stimulus. This study said that ‘‘a minute.) Speaker, like the rest of the Nation, it key goal of the administration is that Ms. FOXX. Mr. Speaker, the Amer- has been a hard summer for the First it should save or create 3 million jobs ican people are hurting, and Repub- District of South Carolina. by the end of 2010.’’ licans want to help. President Obama Just last week, Georgetown County’s When this Congress passed the stim- and Democrats in Congress promised International Paper cut their hours, ulus and spent $800 billion, they said, that their stimulus plan would bring and the Mittal Steel Mill closed indefi- We will start adding jobs rather than immediate relief. Republicans knew nitely, putting 275 South Carolinians losing them. As a matter of fact, Ma- better. out of work. With 14.7 million unem- jority Leader HOYER said, There will be Unfortunately for the American peo- ployed Americans, this number seems an immediate jolt in jobs. This will be ple, the results are rolling in: 2 million small; but with no end in sight, clos- creating jobs immediately. American jobs have been lost since the ings like this will continue nationwide. Let’s see, it has been 5 months since stimulus was signed into law. More More than 4 months after the stim- the bill passed. Here is a chart. The than 400,000 jobs were lost in the month ulus bill’s passage, we still face the blue line shows what they predicted. of June alone. highest unemployment rate in 25 years. The red line shows the loss of jobs that Just when you thought it was clear South Carolina itself has a rate of over actually occurred. Millions of jobs have that we can’t spend, borrow and tax 12 percent, the fourth highest in the been lost despite their spending $800 our way to a growing economy, Demo- Nation. billion of the taxpayers’ money. And crats propose a government takeover of Sadly, the Democrats’ only answer is now Vice President BIDEN has the te- health care that will lead to higher more Federal spending and a cap-and- merity to say, Well, we misread the taxes, more government spending and trade national energy tax that will in- economy. even further job losses. The American crease energy costs for every Amer- Well, do you know what, Mr. Speak- people deserve a real plan for real re- ican, sending millions of jobs overseas. er? Every single Republican did not covery, not yet another excuse to in- These are not plans for prosperity, misread the economy. That is why crease spending, raise taxes, and grow and the administration must be held every single Republican voted against government. accountable for them and their failed that $800 billion stimulus, because we The Republican economic plan brings stimulus, a plan pushed through Con- knew that it would spend too much, fiscal discipline back to Washington gress with false promises of immediate that it would borrow too much, and and lets money stay in the hands of the relief. that it would eventually tax too much American people. The Republican plan, though ignored, of the American taxpayer. f would have cost half as much and cre- f ated twice as many jobs, but, as every THE RESTORATION OF AMERICA’S American continues to ask, ‘‘Where are ENOUGH TAXING AND SPENDING GLOBAL POSITION the jobs,’’ we vow to work towards real (Mr. SCALISE asked and was given (Mr. COHEN asked and was given per- solutions for American families, small permission to address the House for 1 mission to address the House for 1 businesses and manufacturers. minute.) minute.)

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17665 Mr. COHEN. Mr. Speaker, when five-year pilot project to test the feasibility and to join me in reaffirming our country’s President Obama came into office, advisability of expanding the scope of quali- commitment to our veterans by sup- there was a hole in the ideas of Amer- fying work-study activities for purposes of sec- porting this H.R. 1037. ica and the policy of America as great tion 3485(a)(4) of title 38, United States Code, in- I reserve the balance of my time. cluding work-study positions available on site at as the Grand Canyon, one of our great Mr. BOOZMAN. Mr. Speaker, I yield educational institutions. myself as much time as I might use. treasures. (b) TYPE OF WORK-STUDY POSITIONS.—The Unfortunately, the lack of ideas in work-study positions referred to in subsection I rise in support of H.R. 1037, as policy, which shouldn’t be a hallmark (a) may include positions in academic depart- amended, introduced by the distin- of this country, was so great that ments (including positions as tutors or research, guished chair of the Subcommittee on President Obama has had to do much, teaching, and lab assistants) and in student Economic Opportunity, Ms. HERSETH and this 111th Congress has tried to services (including positions in career centers SANDLIN. The Pilot College Work Study help him. We didn’t have an energy pol- and financial aid, campus orientation, cashiers, Program for Veterans Act of 2009 would admissions, records, and registration offices). icy, and the flora and the fauna of this expand the number and types of work (c) REGULATIONS.—The Secretary shall issue study positions at colleges and univer- Earth and this country’s energy inde- regulations to carry out the pilot project under pendence and this country’s reliance on sities. this section, including regulations providing for The types of work study jobs that fossil fuels is a very scary proposition. the supervision of work-study positions referred We are the only industrialized coun- to in subsection (a) by appropriate personnel of can be funded through the Montgomery try in the world without a health care the Department. GI Bill are too restrictive. Expanding policy, and we have 47 million people (d) AUTHORIZATION OF APPROPRIATIONS.— the types of jobs veterans may hold at without health care. That is unaccept- There is authorized to be appropriated to the schools benefits student veterans fi- able. Our position among the nations of Secretary $10,000,000 for each of fiscal years 2010 nancially, but more importantly, in my through 2014 to carry out the pilot project under the world was at a low ebb. President view, it places them in positions where this section. nonveteran students and faculty will Obama has restored that. (e) SOURCE OF FUNDS.—Notwithstanding any This Congress is trying to put Amer- see the advantages and results of mili- other provision of law, this section shall not be tary service to the Nation. Too often ica where it should be as a place of carried out with any funds provided for or great ideas and policies, and we have under any authority of the Readjustment bene- our young people see only the entitle- got an 8-year hole to fill. It has been fits program described by the list of Appro- ment side of life that requires no com- difficult. But we are doing the best we priated Entitlements and Mandatories for Fiscal mitment to something other than can with the difficult situation we have Year 1997 contained in the Conference Report to themselves. accompany H.R. 2015 of the 105th Congress, the Just as the original GI Bill opened been given. Balanced Budget Act of 1997 (H. Report 105– higher education to the masses of cit- I’m proud to work with President 217). No funds shall be obligated for the purpose izen soldiers after World War II, im- Obama and this Congress and put of carrying out this section except discretionary proved the experiences of all students, America and the ship of state afloat funds appropriated specifically for the purpose including nonveterans, this bill will and going in the right direction. of carrying out this section in appropriation broaden the impact on veterans f Acts enacted after the date of the enactment of this Act. throughout the Nation’s higher edu- b 1245 cational system. The SPEAKER pro tempore. Pursu- I am reminded of the statement by ANNOUNCEMENT BY THE SPEAKER ant to the rule, the gentleman from James B. Conant, president of Harvard PRO TEMPORE California (Mr. FILNER) and the gen- University, shortly after the World The SPEAKER pro tempore. Pursu- tleman from Arkansas (Mr. BOOZMAN) War II generation filled the campuses. ant to clause 8 of rule XX, the Chair each will control 20 minutes. In recanting his earlier concerns, he will postpone further proceedings The Chair recognizes the gentleman stated, and I quote: The mature stu- today on motions to suspend the rules from California. dent body that filled our colleges in on which a recorded vote or the yeas Mr. FILNER. Mr. Speaker, I would 1946 and 1947 was a delight to all who and nays are ordered, or on which the like to thank the chairwoman of the were teaching undergraduates. For se- vote incurs objection under clause 6 of Subcommittee on Economic Oppor- riousness, perceptiveness, and stu- rule XX. tunity of the Veterans’ Committee, diousness and all other undergraduate Record votes on postponed questions STEPHANIE HERSETH SANDLIN of South virtues, the former soldiers and sailors will be taken later. Dakota, for introducing this bill, the were the best in Harvard’s history. f Pilot College Work Study Programs for Mr. Speaker, H.R. 1037, as amended, Veterans Act of 2009. It would direct will provide our veterans on campus a PILOT COLLEGE WORK STUDY the VA to conduct a 5-year pilot unique opportunity to earn while they PROGRAMS FOR VETERANS ACT project to expand on existing work learn, to build their resumes and to in- OF 2009 study activities for student veterans to fluence campus life. Too often our Mr. FILNER. Mr. Speaker, I move to participate in work study positions in young citizens see a distorted image of suspend the rules and pass the bill academic departments and in student veterans, and this bill will help replace (H.R. 1037) to direct the Secretary of services. that image with one of men and woman Veterans Affairs to conduct a five-year As this committee’s chairman and a who are dedicated to education and to pilot project to test the feasibility and former university professor, I under- making meaningful contributions to advisability of expanding the scope of stand the financial hurdles of paying society. certain qualifying work-study activi- for college and strongly support all By enlarging the types of work study ties under title 38, United States Code, methods to make education more af- jobs veterans can hold on campus, we as amended. fordable for our brave veterans. are putting them in the forefront of The Clerk read the title of the bill. This legislation provides an addi- student life. As teaching assistants, ad- The text of the bill is as follows: tional avenue for student veterans to ministrative staff, student counselors, H.R. 1037 help pay for college and places them on and other high-visibility jobs, non- Be it enacted by the Senate and House of Rep- a par with other students in the same veteran students and faculty will see resentatives of the United States of America in financial situation. Furthermore, these them just as Harvard President Conant Congress assembled, new work study positions would pro- did over 60 years ago. SECTION 1. SHORT TITLE. vide student veterans with much need- I urge my colleagues to support this This Act may be cited as the ‘‘Pilot College ed job skills that they can use in their Work Study Programs for Veterans Act of 2009’’. legislation and reserve the balance of professional career. SEC. 2. FIVE-YEAR PILOT PROGRAM FOR ON-CAM- my time. PUS WORK-STUDY POSITIONS. Our chairwoman, Ms. STEPHANIE Mr. FILNER. I would yield as much (a) ESTABLISHMENT OF PILOT PROGRAM.—The HERSETH SANDLIN, will be speaking on time as she may consume to our dy- Secretary of Veterans Affairs shall conduct a this bill, and I urge all our colleagues namic chair of the Subcommittee on

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17666 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009

Economic Opportunity, Ms. HERSETH expanded work study program should many promises. In my district, I have SANDLIN of South Dakota. be further expanded. two stellar VA hospitals, the Charlie Ms. HERSETH SANDLIN. Mr. Speak- This bill also requires the Secretary Norwood Veterans Medical Center in er, I thank the chairman, the distin- of the VA to publish regulations on the Augusta, Georgia. I also have a vet- guished gentleman from California, for supervision of veterans participating in erans clinic just outside of Athens, yielding. these expanded work study positions. Georgia, that gives stellar care to our I rise today in strong support of H.R. Educational benefits are one of the veterans. But veterans are denied the 1037, the Pilot College Work Study Pro- essential benefits that our country health care, educational needs and grams for Veterans Act of 2009, as gives its veterans. These benefits help other things that they have been prom- amended, which the Veterans’ Affairs our veterans take that experience that ised, and it’s a travesty. We have to Economic Opportunity Subcommittee they have gained while serving, and stop denying the veterans the promises passed on June 4 and the full com- translate that knowledge into college that we have made them, and it’s abso- mittee approved on June 10. degrees and other types of professional lutely critical for our national defense. I was proud to introduce this impor- development. The money we, as a Na- Mr. FILNER. I have no further tant legislation, and I would like to tion, invest in the education of vet- speakers and am prepared to yield thank the full committee chairman, erans, has a direct positive economic back. Mr. FILNER, the ranking member, Mr. benefit for the country. Mr. BOOZMAN. Mr. Speaker, I just BUYER, for their leadership in support As chairwoman of the Economic Op- want to say, to thank Ms. HERSETH of this legislation, as well as the sup- portunity Subcommittee, I look for- SANDLIN for bringing this forward. I, port of Congressman GRIJALVA of Ari- ward to continuing to work in a bipar- like her—and it has been a little bit zona, who was an original cosponsor. I tisan manner with Mr. BOOZMAN and more than 20 years—enjoyed the abil- have been pleased to be able to work our subcommittee members to ensure ity of participating with work study. I with the distinguished ranking member veterans are receiving the best possible know how important it is and how im- of the subcommittee, Mr. BOOZMAN of educational benefits. portant it will be to these students if On a personal note, Mr. Speaker, it Arkansas, in a bipartisan way to ad- we can extend this even further to our has been 20 years now, but as a work vance this legislation to the full com- military. study student myself, I wouldn’t want mittee and now to the floor. I also So I urge all of my colleagues to sup- any of my contemporaries then, and port this bill. It’s a good one. I appre- want to thank Congressman TEAGUE of certainly the young men and women New Mexico for offering an amendment ciate Chairman FILNER and Mr. BUYER who are serving in uniform today, to be to this bill during the subcommittee for bringing this forward and would denied particular opportunities avail- markup that clarified the effective end urge its adoption. able in an academic environment to I yield back the balance of my time. date of the pilot program. pursue their own educational aspira- GENERAL LEAVE This legislation works to expand and tions or to serve their fellow students improve the educational benefits avail- Mr. FILNER. Mr. Speaker, I ask on campus in any capacity that VA unanimous consent that all Members able to our country’s veterans by di- education benefits are intended to pro- may have 5 legislative days in which to recting the Secretary of the Depart- vide. revise and extend their remarks and in- ment of Veterans Affairs to conduct a So again, I want to thank Chairman clude extraneous material on H.R. 1037, 5-year pilot project that tests the feasi- FILNER for his leadership on this issue, as amended. bility and advisability of expanding the and I urge all of my colleagues to sup- The SPEAKER pro tempore. Is there scope of work study activities avail- port this legislation. objection to the request of the gen- able to veterans receiving educational Mr. BOOZMAN. I yield the gentleman tleman from California? benefits through the VA. from Georgia (Mr. BROUN) 3 minutes. There was no objection. Currently, eligible student veterans Mr. BROUN of Georgia. I rise today Mr. JOHNSON of Georgia. Mr. Speaker, I enrolled in college degree programs, in support of the veterans of this coun- rise today in support of H.R. 1037 to direct the vocational programs or professional try. Secretary of Veterans Affairs to conduct a programs, are eligible to participate in Mr. Speaker, I served in the United five-year pilot project to test the feasibility and the work study allowance program. States Marine Corps. I’m also an origi- advisability of expanding the scope of certain However, they are limited to positions nal intent constitutionalist, and I be- qualifying work-study activities under Title 38 involving VA-related work, such as lieve very firmly that most Americans of the United States Code. I would like to processing VA paperwork, performing understand that a national defense, a thank my colleague Representative HERSETH outreach services, and assisting staff at strong national defense, and thus, sup- SANDLIN from South Dakota for introducing this medical facilities or the offices of the porting our military men and women important piece of legislation. National Cemetery Administration. as well as the veterans, is critically im- I support this legislation because it provides Thus, veterans aren’t afforded opportu- portant. It’s important for the vet- the resources necessary to study the expan- nities similar to those offered to non- erans, the retirees, those who are on sion of the Federal work-study program avail- veteran students. disability. It’s extremely important to able to veterans. This bill expands qualifying This pilot program would expand the them. work-study activities to include positions on- qualifying work study activities al- It is also important to our current site at educational institutions, a valuable lowed to include positions in academic active duty troops for us to support source of support for our veterans at colleges, departments, such as tutoring or as- veterans, because how are we going to universities, and vocational schools across the sisting with research, teaching and lab get people to stay in the military to be country. Additionally, this pilot program will as- work, as well as student services such senior NCOs, senior officers or flag offi- sess the feasibility of the long-term expansion as positions in career centers, financial cers if we do not fulfill the promises of this program. aid, orientation, cashiers, admissions, that we make to the men and women The federal government has been taking records, and registration offices. who come into the military to begin steps to enhance the education of our vet- Given the wide variety of tasks our with? And thus, it is also important in erans since the passage of the GI Bill in 1944. men and women in uniform perform the recruiting process. How are we Today, the Federal work-study program is an while serving their country, our Nation going to recruit good men and women invaluable resource for students as they strug- should be capitalizing on the unique to come into the military, make it a gle to pay their bills. This bill will extend that training and skill sets that veterans career, if we don’t fulfill the promises same resource to our veterans as they en- who are pursuing their degrees bring to that we have made to them as they enhance their education, a small step towards in- their educational institutions. list or are commissioned in the mili- creasing support for our veterans in return for This pilot program will run from 2010 tary? the sacrifices they have made for our freedom. to 2014 and will give the VA an ade- Mr. Speaker, we have broken prom- I urge my colleagues to join me in supporting quate opportunity to determine if this ises to the veterans. We have broken our veterans and this legislation.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 9920 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17667 Mr. FILNER. I yield back the balance Mr. Speaker, this naming bill comes other groups about his experiences and of my time. to us from the gentleman from Ten- about his dedication to veterans and to The SPEAKER pro tempore. The nessee (Mr. DUNCAN). He is a great sup- this country. question is on the motion offered by porter of veterans and of this Nation, He was also appointed by the Gov- the gentleman from California (Mr. and I am going to leave it to him to ex- ernor to serve on the Veterans Admin- FILNER) that the House suspend the plain what Mr. Tallent has done to de- istration Home Policy Board, where rules and pass the bill, H.R. 1037, as serve this honor. Mr. Tallent was instrumental in bring- amended. I reserve the balance of my time. ing a veterans’ nursing home to Knox- The question was taken. Mr. BOOZMAN. Mr. Speaker, I yield ville. The SPEAKER pro tempore. In the as much time as he might consume to Bill Tallent’s lifelong service to vet- opinion of the Chair, two-thirds being the distinguished gentleman from Ten- erans also includes serving as com- in the affirmative, the ayes have it. nessee (Mr. DUNCAN). mander of the Military Order of the Mr. BROUN of Georgia. Mr. Speaker, Mr. DUNCAN. Mr. Speaker, this is a Purple Heart, chapter 356; as a member on that I demand the yeas and nays. bill to name the Veterans Affairs Out- of the Veterans of Foreign Wars, chap- The yeas and nays were ordered. patient Clinic in Knoxville, Tennessee, ter 173; and as a member of the Dis- The SPEAKER pro tempore. Pursu- as the William C. Tallent Veterans abled American Veterans, chapter 26. ant to clause 8 of rule XX and the Outpatient Clinic. In addition to his service to veterans, Chair’s prior announcement, further I first want to thank Chairman FIL- Mr. Tallent devoted his professional proceedings on this motion will be NER and Mr. BOOZMAN, the gentleman career to the public good, serving as postponed. from Arkansas, for bringing this legis- Knox County Commissioner of Finance lation to the floor today and for their from 1953–1980, being reelected to that f assistance and for the help of the staff position several times. ANNOUNCEMENT BY THE SPEAKER on both sides in regard to this bill. Mr. Speaker, there is, perhaps, no PRO TEMPORE In East Tennessee, Mr. Speaker, greater sacrifice an American can The SPEAKER pro tempore. Without there is perhaps no person better make than that of serving his country objection, the operation of House Reso- known for devotion to area veterans during a time of war. Bill Tallent not lution 640 is stayed pending the accept- than Bill Tallent. While the story of only answered that call but did so with ance by the House of a resignation cre- his service in World War II reads like a courage and humility. In 2003, he told ating a vacancy on the committee con- Hollywood script, his lifelong dedica- the following to my hometown news- cerned. tion to fellow veterans, his humble de- paper, the Knoxville News Sentinel: There was no objection. meanor and his career as a public serv- ‘‘I would not go through what I went ant make him the perfect candidate for through again if you paid me $1 million f the naming of the Veterans Outpatient a day to do it. But I would do the same WILLIAM C. TALLENT DEPART- Clinic in Knoxville. thing again, without compensation, MENT OF VETERANS AFFAIRS Following his capture by the Nazis just for the privilege of living as a free OUTPATIENT CLINIC during the Battle of the Bulge, Mr. American.’’ Tallent spent 6 months as a prisoner of Mr. Speaker, I think we can all agree Mr. FILNER. Mr. Speaker, I move to war. At his capture, notorious Nazi we need more Bill Tallents in this suspend the rules and pass the bill General Josef Sepp Dietrich lined him world. I appreciate this opportunity to (H.R. 402) to designate the Department and his fellow soldiers up against a honor Bill Tallent, and this country is of Veterans Affairs Outpatient Clinic wall and ordered their execution; but a better place today because of him and in Knoxville, Tennessee, as the ‘‘Wil- through the grace of God, a fellow sol- because of his service to this country. liam C. Tallent Department of Vet- dier persuaded the general to spare I urge my colleagues to support this erans Affairs Outpatient Clinic’’. them and, instead, ship them to a pris- legislation to name the Veterans Out- The Clerk read the title of the bill. oner of war camp. Mr. Tallent survived patient Clinic in Knoxville, Tennessee The text of the bill is as follows: long enough to engineer an escape 6 as the William C. Tallent Veterans H.R. 402 months later with one other soldier, Outpatient Clinic. Be it enacted by the Senate and House of Rep- the only one willing to risk certain Mr. FILNER. Mr. Speaker, I have no resentatives of the United States of America in execution if captured. further speakers, and I am prepared to Congress assembled, As he made his way across Germany, yield back the balance of my time. SECTION 1. DESIGNATION OF WILLIAM C. wearing tattered clothes and sleeping Mr. BOOZMAN. Mr. Speaker, we’ve TALLENT DEPARTMENT OF VET- ERANS AFFAIRS OUTPATIENT CLIN- in graveyards at night to avoid Nazi all seen the old World War II movies IC. troops, Mr. Tallent and his fellow sol- where the hero barely escapes death or (a) DESIGNATION.—The Department of Vet- dier searched for the American front captivity through the valiant efforts of erans Affairs Outpatient Clinic in Knoxville, line. One day, while on a scavenger trip others or by his own wit or ingenuity. Tennessee, shall be known and designated as into a nearby German town and while William C. Tallent was one of those the ‘‘William C. Tallent Department of Vet- looking for food, a Buick carrying an true American heroes who has done erans Affairs Outpatient Clinic’’. American general came speeding down both. (b) REFERENCES.—Any reference in any the street. Bill Tallent jumped in front Serving in the United States Army as law, regulation, map, document, record, or other paper of the United States to the out- of the car and gave a salute. He was part of the 28th Infantry Division of patient clinic referred to in subsection (a) rescued. His bravery, determination World War II, as Mr. DUNCAN said, he shall be considered to be a reference to the and sacrifice during this experience was captured and, along with other William C. Tallent Department of Veterans earned him two Purple Hearts and one American troops, was nearly executed. Affairs Outpatient Clinic. Bronze Star. Mr. Tallent spent 6 months in captivity The SPEAKER pro tempore. Pursu- While Bill Tallent’s prisoner of war at a POW camp before escaping with ant to the rule the gentleman from story is legendary, so is his service to another American soldier willing to California (Mr. FILNER) and the gen- veterans. Mr. Tallent founded the face execution if recaptured by the tleman from Arkansas (Mr. BOOZMAN) Smoky Mountain chapter of American Germans. For his bravery, determina- each will control 20 minutes. Ex-Prisoners of War, where he served tion and sacrifice during the war, Bill The Chair recognizes the gentleman as its commander. During his tenure, Tallent, who was twice wounded, was from California. he helped compile the prisoner of war awarded two Purple Hearts and a stories of other members, and he gave Bronze Star. b 1300 the publication to the Knox County Naming the VA Outpatient Clinic in Mr. FILNER. I yield myself such Public Library for posterity. He has Knoxville, Tennessee as the William C. time as I may consume. spoken to many civic clubs and to Tallent Department of Veterans Affairs

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17668 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 Outpatient Clinic is a fitting tribute to need more people in this country serv- There was no objection. a great public servant, veteran and ing this Nation. Mr. FILNER. I thank Mr. DUNCAN for servicemember. I appreciate Mr. DUN- As I spoke earlier, I think we are bringing us this wonderful story of Bill CAN’s bringing this forward, and I urge doing a tremendous disservice to our Tallent, and I urge my colleagues to my fellow Members to support it. veterans in this country by not ful- unanimously support H.R. 402. Mr. Speaker, I rise today in support of H.R. filling the promises that we’ve made to I yield back the balance of my time. 402, a bill to designate the VA Outpatient Clin- them. The way that we can get more The SPEAKER pro tempore. The ic in Knoxville, Tennessee, as the ‘‘William C. people into the military, the way that question is on the motion offered by Tallent Department of Veterans Affairs Out- we can get more folks, good people, the gentleman from California (Mr. patient Clinic’’ which would honor a valiant who will be willing to serve our Nation, FILNER) that the House suspend the World War II hero and servant to his fellow is to be able to fulfill the promises that rules and pass the bill, H.R. 402. veterans. we give them on enlistment or on a The question was taken. Mr. Speaker, we have all seen the old commissioning. The SPEAKER pro tempore. In the World War II movies where the hero barely We are not doing that. We are not opinion of the Chair, two-thirds being escapes death or captivity through the valiant fulfilling those promises. We are not in the affirmative, the ayes have it. efforts of others, or by their own wit and inge- giving those people the kind of health Mr. BROUN of Georgia. Mr. Speaker, nuity. William C. Tallent is one of those true care that they so desperately need, and on that I demand the yeas and nays. American heroes who has done both. Serving we are certainly not helping their The yeas and nays were ordered. in the United States Army as part of the 28th spouses, because we are not giving The SPEAKER pro tempore. Pursu- Infantry Division in World War II, he was cap- them the health care financing that ant to clause 8 of rule XX and the tured by German troops in 1944 and, along they need either. Chair’s prior announcement, further So, Mr. Speaker, I rise today not with other American troops, was nearly exe- proceedings on this motion will be only in support of this bill to name this cuted by General Josef Sepp Dietrich. Instead, postponed. facility in Knoxville after this hero, the successful pleading of his commanding of- f but we have to remember the heroes in ficer saved his and his comrades’ lives just Iraq and in Afghanistan today, those EXPRESSING SYMPATHY FOR VIC- before the execution order was given. heroes I see at the VA hospital in Au- TIMS OF JUNE 22 METRORAIL Bill Tallent spent six months in captivity at a gusta, Georgia—the Charlie Norwood CRASH POW camp before escaping with another VA Medical Center—those heroes I see American soldier willing to face execution if re- Ms. NORTON. Mr. Speaker, I move to at the Eisenhower Medical Center in captured by the Germans. They made their suspend the rules and agree to the reso- Fort Gordon, Georgia, those heroes way to the American front line, sleeping in lution (H. Res. 612) expressing the pro- who have lost a leg or an arm, those cemeteries and scrounging for food. They found sympathies of the House of Rep- heroes who want to go back to their were found by U.S. forces, while foraging for resentatives for the victims of the units in theater to continue to fight for tragic Metrorail accident on Monday, food. For his bravery, determination, sacrifice our freedom. during the war, Bill Tallent, who was twice June 22, 2009, and for their families, We cannot turn our backs upon those friends, and associates. wounded, was awarded two Purple Hearts and heroes, just like we cannot turn our a Bronze Star. The Clerk read the title of the resolu- backs upon the past heroes. I think it’s tion. During an interview in 2003 by the Knoxville a travesty the way this government News-Sentinel, Bill Tallent said best what The text of the resolution is as fol- has treated our veterans. We’re not lows: drives Americans to fight for their country in doing them right. It verges on criminal H. RES. 612 times of war; he stated ‘‘I would not go because we have broken our promises, through what I went through again if you paid and we need to fulfill those promises, Whereas late in the afternoon on Monday, me one million dollars a day to do it. But I June 22, 2009, two 6-car trains on the Metro- and I’ll do everything I can as a Mem- rail Red Line, Train 112 and Train 214, were would do the same thing again, without com- ber of Congress in supporting the vet- pensation, just for the privilege of living as a on the same track headed toward the Shady erans in my 10th Congressional District Grove Station; free American.’’ in Georgia. As a physician, I under- Whereas at 4:59 p.m., Train 112 crashed into Bill Tallent has continued his dedication to stand their medical needs. I’ll do ev- Train 214, which was waiting for another our Nation’s veterans through his work in var- erything I can as the Congressman train boarding at the Fort Totten Station; ious veteran organizations. He established the from the 10th Congressional District of Whereas 9 people died in this accident, in- Smoky Mountain Chapter of American Ex-Pris- Georgia to make sure that our veterans cluding train operator Jeanice McMillan, 42, oners. In his role as commander of this orga- have all of the promises made to them of Springfield, Virginia, who loved her job and was filled with pride when her son Jor- nization, he worked to preserve the memory of fulfilled. This government has broken POWs by collecting the stories of other POW dan enrolled in college; Ana Fernandez, 40, promises. It continues to break prom- originally from El Salvador, who lived in Hy- members and then depositing them in the ises. It has got to stop, and I’ll do ev- attsville, Maryland, with her husband and 6 Knox County Public Library. Appointed to the erything I can to fulfill those promises. children and was on her way to one of her Veterans Administration Home Policy Board I thank the gentleman for yielding. two jobs when she died in the collision; and by the Governor, Mr. Tallent played an impor- Mr. BOOZMAN. Before yielding back, 7 residents of the District of Columbia: Mary tant role in bringing a state veteran’s home to I would just like to again thank the Doolittle, 59, of Northwest, who was the face Knox County. gentleman from Tennessee, Mr. DUN- of the American Nurses Association inter- Naming the VA Outpatient Clinic in Knox- CAN, for bringing forward this, really, nationally and who was helping with global ville, Tennessee, as the ‘‘William C. Tallent very nice and very timely recognition accreditation for nurses; Veronica Dubose, 29, of Northwest, who was headed to her first Department of Veterans Affairs Outpatient of Mr. Tallent. I urge all of my col- day of school for classes to become a cer- Clinic’’ is a fitting tribute to a great public serv- leagues to support this bill. tified nurse; Dennis Hawkins, 64, of South- ant, veteran, and servicemember. With that, I yield back the balance of east, who worked as a non-instructional aide Mr. Speaker, I urge the full support of my my time. and a data entry clerk for Whittier Edu- colleagues on this legislation GENERAL LEAVE cation Center and taught vacation Bible We have one additional speaker. I Mr. FILNER. Mr. Speaker, I ask school at Bethesda Baptist Church; LaVonda yield such time as he may consume to unanimous consent that all Members (‘‘Nikki’’) King, 23, of Northeast, a mother of the gentleman from Georgia (Mr. may have 5 legislative days in which to 2 sons who was engaged to be married and who had just bought the hair salon BROUN). revise and extend their remarks and to Mr. BROUN of Georgia. I thank the LaVonda’s House of Beauty; General David include extraneous material on H.R. Wherley, 62, of Southeast, the recently re- gentleman for yielding. 402. tired commander of the D.C. Army and Air Mr. Speaker, I rise in support of this The SPEAKER pro tempore. Is there National Guard, a command pilot who con- bill, and I agree with my good friend objection to the request of the gen- verted the D.C. National Guard from week- JIMMY DUNCAN from Tennessee. We tleman from California? end warriors to Army troops performing the

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17669 duties of enlisted soldiers in fields of battle Thank you, Mr. Speaker. I rise in support of House Resolution in both Iraq and Afghanistan while working Seven of the nine were from the Dis- 612, expressing the profound sym- tirelessly to improve conditions at home for trict of Columbia. One was from Mary- pathies of the House of Representatives the people of the District of Columbia, espe- land. Another was from Virginia. for the victims of the tragic Metrorail cially the children, and who decided to make Mary ‘‘Mandy’’ Doolittle, of the Dis- accident on Monday, June 22, 2009, and the city his home; his wife, Ann Wherley, 62, trict, served the American Nurses As- who retired as a mortgage banker but did for their families, friends and associ- not retire as a mother, grandmother, and sociation by spreading its work glob- ates. Today we, as a body, express our loving wife of General Wherley ever since ally. profound sympathy and support for the they were high school sweethearts at York Veronica DuBose, of the District, was victims of this most serious and worst Catholic High School; and Cameron Wil- a devoted mother of two who was on accident in Metro’s history. liams, 37, of Northwest, who grew up in Ta- her way to a nursing class. On June 22 a train heading towards koma Park and who worked a night job in Ana Fernandez, of Hyattsville, Mary- Fort Totten on the Red Line slammed maintenance as a contract laborer; land, was a mother of six who worked into an idling train in front of it and Whereas according to emergency first re- tirelessly, often holding more than one killed nine people and injured nearly 80 sponders, 76 people reported injuries and 51 job to help provide for her family. others. The crash occurred at approxi- people were taken to hospitals for treatment Dennis Hawkins, of the District, was as a result of this accident; and mately 4:59 p.m. We are greatly sad- on his way to teach vacation Bible dened by this unnecessary tragedy and Whereas the Board of Directors of the school at Bethesda Baptist Church. senseless loss of life, but our grief can- Washington Metropolitan Area Transit Au- LaVonda ‘‘Nikki’’ King, of the Dis- thority voted on June 23 to establish an not compare to the families and friends emergency hardship relief fund of $250,000 trict, was a young mother who looked forward to opening her own beauty who lost loved ones that day. Today we from a reserve fund to provide financial help extend our sympathies to those who for the victims of the accident, including as- salon that was already planned to occur. were lost and injured. The nine Metro sistance with funeral, medical, and other ex- riders killed on that fateful day were penses: Now, therefore, be it Cameron Williams, of the District, Resolved, That the House of Representa- was headed to his nighttime mainte- from all walks of life, a reflection of tives expresses its profound sympathies for nance job. our Nation’s Capital and its residents. the victims of the tragic Metrorail accident Of the nine, I personally know only As we express our sympathy for the on Monday, June 22, 2009, and for their fami- Major General David F. Wherley, re- victims, I would also like to commend lies, friends, and associates. cently retired as commander of the the D.C. and regional emergency per- The SPEAKER pro tempore. Pursu- D.C. National Guard, and his wife, Ann. sonnel who responded to the accident ant to the rule, the gentlewoman from General Wherley was a fighter pilot and did their jobs with competence and the District of Columbia (Ms. NORTON) and commander of the 113th Fighter compassion. I would also like to recog- and the gentleman from Georgia (Mr. Wing at Andrews Air Force Base who nize the heroism of the other train pas- WESTMORELAND) each will control 20 rose to head the D.C. National Guard sengers who helped to free those who minutes. itself. were trapped, fashioned tourniquets The Chair recognizes the gentle- The general was especially devoted to and comforted the injured. In addition woman from the District of Columbia. his troops and to the children of the to the death and injury to the victims, GENERAL LEAVE city, initiating programs for both. Ann there’s been tremendous damage done Ms. NORTON. Mr. Speaker, I ask Wherley, herself a professional, was a to the morale of Metro riders and to unanimous consent that all Members major force in the general’s life and in Metro’s reputation. A recent Wash- may have 5 legislative days in which to his work. I thank the Appropriations ington Post editorial commented on revise and extend their remarks. Committee for honoring my request to the crash as having ‘‘shattered many The SPEAKER pro tempore. Is there have a D.C. tuition assistance bill riders’ assumptions about the safety of objection to the request of the gentle- named for the general, who was the the system.’’ Clearly there is much woman from the District of Columbia? first to bring this concern to me for in- work to be done to ensure nothing like There was no objection. troduction, and I will soon seek a prop- this terrible accident ever happens Ms. NORTON. I yield myself such er authorization in a pending bill. again. time as I may consume. But today in this House it is time we Mr. Speaker, I introduced House Res- b 1315 take a moment to honor and express olution 612 on July 7 with members of Jeanice McMillan, finally, was the our profound sympathy for the victims the National Capitol Region delegation operator of train 112. All the available of this tragic Metrorail accident of as well as with others in the House. It evidence showed that Ms. McMillan did June 22 and their families, friends and is with a heavy heart that I call up for everything within her power to avert associates. I urge my colleagues to join consideration House Resolution 612, the accident. Ms. McMillan worked me in expressing our sympathies on which expresses the profound sym- herself up the Metro workplace ladder this day by passing House Resolution pathies of the House of Representatives to realize her goal of sending her only 612. for the victims of the tragic Red Line son to college. Mr. Speaker, the loss of I reserve the balance of my time. Metrorail accident on June 22, 2009, and precious lives that resulted from the Ms. NORTON. Mr. Speaker, I am for their families and friends and asso- June 22 accident touched their families pleased to yield 1 minute to the major- ciates, and also recognizes the dozens uniquely and tragically. However, I ity leader, Mr. HOYER of Maryland, who of people who were injured. also ask the House to remember these has led the delegation on matters per- I appreciate the work and courtesy of families who share the Washington taining to WMATA, or the Metro, and Chairman ED TOWNS, of Ranking Mem- Metropolitan Area Transit Authority especially this accident. ber DARRELL ISSA, of Chairman STE- system with several hundred thousand Mr. HOYER. I thank the chairlady, PHEN LYNCH, and of Ranking Member Federal employees and with our own my colleague and friend, ELEANOR JASON CHAFFETZ for their efforts in House and Senate congressional staff. HOLMES NORTON. I thank Mr. WEST- bringing forward this resolution and Today let us also share with those who MORELAND for helping this legislation for seeing to it that the resolution was lost their lives as well as with those come to the floor. marked up at the earliest markup who were injured our thoughts, prayers Today the House pauses in solemn re- meeting of the Committee on Over- and our deep determination to do all membrance of the nine men and women sight and Government Reform. that we can to assure improved safety who lost their lives when two Metro Let us begin, Mr. Speaker, by allow- for all. I urge adoption of House Reso- trains collided on June 22. It was, as ing each of us to take a moment on the lution 612. has been said, the deadliest crash in floor of the House today to remember I reserve the balance of my time. Metro’s history. Those whose lives we the nine people who were lost as a re- Mr. WESTMORELAND. Mr. Speaker, lost were a cross section of our Wash- sult of this tragic accident. I ask for a I yield myself as much time as I may ington region. They never asked or ex- moment of silence. consume. pected to be memorialized together,

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17670 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 but they were brought together in trag- failed to hold up during the crash and any Mr. WESTMORELAND. Mr. Speaker, edy. Together we can say their names: other resources Metro needs to restore full I have no further speakers, so I will Mary Doolittle, 59 years old, of Wash- service. yield back the balance of my time. ington, D.C.; The tragedy has brought us together as a Ms. NORTON. Mr. Speaker, having Ana Fernandez, 40 years old, of Hy- region, and together we will work to make no further speakers, again, let me urge attsville, Maryland, my district; sure Metrorail remains a transportation system my colleagues to join me in supporting Dennis Hawkins, 64 years old, of that is safe, efficient, affordable and secure. H. Res. 612. Washington, D.C.; Mr. WOLF. Mr. Speaker, I rise today to join I yield back the balance of my time. LaVonda ‘‘Nikki’’ King, 23 years old, my House colleagues in support of this resolu- The SPEAKER pro tempore. The of Washington, D.C.; tion expressing sympathy to the victims of the question is on the motion offered by Veronica Dubose, 29 years old, also of Metrorail accident on June 22. the gentlewoman from the District of Washington, D.C.; I want to share my heartfelt condolences to Columbia (Ms. NORTON) that the House Cameron Williams, 36 years old, also the families and friends of those that lost their suspend the rules and agree to the reso- of Washington; lives in this tragic accident. lution, H. Res. 612. Major General David F. Wherley Jr., The Washington metropolitan area congres- The question was taken. 62 years old, and his wife Ann Wherley, sional delegation has pledged to work together The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being 62 years old, both of Washington, D.C.; to ensure that Metro has the funding it needs in the affirmative, the ayes have it. And lastly, Jeanice McMillan, 42 to address safety issues and to adequately Mr. BROUN of Georgia. Mr. Speaker, years old, of Springfield, Virginia. Ms. maintain the system. on that I demand the yeas and nays. NORTON mentioned her activity and the Again, I express my deepest sympathies to The yeas and nays were ordered. professionalism with which she carried those affected by this horrible accident. The SPEAKER pro tempore. Pursu- out her duties. It is clear that what Mr. VAN HOLLEN. Mr. Speaker, on June ant to clause 8 of rule XX and the happened was a computer failure or a 22, our legion experienced a terrible tragedy Chair’s prior announcement, further line failure, some failure which was as two metro trains collided on the red line, re- proceedings on this motion will be supposed to automatically notify the sulting in 9 deaths and nearly 80 injured. I rise postponed. train that was moving that there was a to express deep sympathy to the families of all f train stopped in front of it. That mech- those who lost their lives—Mandy Doolittle, anism failed. Today nine families are Veronica DuBose, Dennis Hawkins, LaVonda HONORING WAYMAN LAWRENCE incomplete. There are nine fresh ‘‘Nikki’’ King, Major General David Wherley TISDALE wounds that will be very slow in heal- and Ann Wherley, Cameron Williams, and Ms. NORTON. Mr. Speaker, I move to ing. Nothing, of course, can reverse train operator Jeanice McMillan. suspend the rules and agree to the reso- those deaths; but we must learn from I also want to especially recognize the life of lution (H. Res. 469) honoring the life of them, and we must act to prevent such my constituent, Ana Fernandez of Hyattsville. Wayman Lawrence Tisdale and express- tragedies in the future. On a practical Ana will be remembered for her dedication to ing the condolences of the House of level, we must ensure that funding is her family, especially her six children ages 2 Representatives on his passing. sufficient to accomplish that objective. to 21. She emigrated to the United States 20 The Clerk read the title of the resolu- On a personal level, we can choose to years ago to secure a better life and worked tion. take from this the reminder of the fra- tirelessly to support her parents and son back The text of the resolution is as fol- gility and uncertainty of our own lives in El Salvador and her five children here in the lows: and to act on that knowledge every U.S. She was able to realize her dream of H. RES. 469 day. sponsoring her eldest son for a visa, and he Whereas Wayman Lawrence Tisdale was On June 22 we lost nine irreplaceable arrived only 18 days before the accident. Her born and raised in Tulsa, Oklahoma, and be- men and women. May we honor their family and community speak of her kindness, came a outstanding athlete as a student at memories by acting to prevent a future generosity, and indomitable spirit. I send sin- Booker T. Washington High School; tragedy and by instilling confidence in cere condolences to her children, her hus- Whereas in 1982 Mr. Tisdale was named the safety of America’s subway. band, her parents, and her entire family. Oklahoma’s only McDonald’s All American and was named Converse National High Mr. MORAN of Virginia. Mr. Speaker, thank In the hours and days after the accident, we School Player of the Year; you, Ms. NORTON, for bringing this resolution received reports of courage and kindness on Whereas Mr. Tisdale’s 3-year career at the to the House floor for its consideration. those metro trains—from the passengers who University of Oklahoma, from 1982 to 1985, Monday, June 22 tragedy struck Wash- comforted and assisted each other to the first has left a legacy of excellence and respect for ington. responders who rushed to the scene and the program and the sport of basketball; Around 5:00 p.m. at the start of the evening treated the injured. Almost immediately, local Whereas Mr. Tisdale in 1983, 1984, and 1985 rush hour, Metro Train 112 struck Train 214 and federal agencies, including WMATA, the received the honor of being named Big Eight as it was waiting for a third train to finish National Transportation Safety Board, the Fed- Player of the year for the University of Oklahoma; boarding passengers at the Fort Totten Sta- eral Transit Administration, and the Tri-State Whereas Mr. Tisdale was named to the All- tion. Oversight Committee, as well as the Amal- American team 3 times in 3 years while at Nine people lost their lives and 76 others gamated Transit Union, got to work to find out the University of Oklahoma; were injured, 41 of whom were transported to what caused the crash and what must be Whereas Mr. Tisdale played on the U.S. nearby hospitals for treatment. done to ensure the safety of the system. I Olympic team in 1984 and received a gold We are all saddened by the loss of life and want to particularly commend John Catoe and medal; I wish once again to express my condolences the staff at WMATA for their efforts in these Whereas Mr. Tisdale was named the Most to the family and friends of those who suffered past few weeks. Valuable Player for the Big Eight Tour- nament Championship in 1985; an injury or lost a loved one on that tragic Out of this tragedy, we must renew our Whereas Mr. Tisdale and was selected as Monday. commitment to America’s subway and make the No. 2 overall draft pick in the National I also wish to express my appreciation to the safety improvements necessary to ensure Basketball Association in 1986; Metro and the emergency responders who that such a devastating accident never hap- Whereas Mr. Tisdale left his mark on the were on the scene immediately with assist- pens again. I am pleased that the Transpor- sport of professional basketball with the In- ance. tation-HUD Appropriations Subcommittee indiana Pacers, Sacramento Kings, and Phoe- As we gain insight on the cause of the acci- cluded $150 million for WMATA in its bill, nix Suns, scoring more than 12,800 points and dent, I will be working with my colleagues, which is the full federal share of the dedicated pulling down more than 5,000 rebounds in a 12-year career; many of whom are cosponsors of this resolu- funding authorized by last year’s Passenger Whereas Mr. Tisdale subsequently released tion, to ensure this type of tragedy is never al- Rail Investment and Improvement Act. I urge 8 albums of jazz music following his extraor- lowed to happen again. my colleagues to support that vital funding. dinary basketball career; We are in fact working to secure the funding This accident must be a wake-up call—we Whereas in 1995 Mr. Tisdale’s jazz album to replace the older type ‘‘1000’’ rail cars that cannot afford to wait. Power Forward reached No. 4 on Billboard’s

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17671 Contemporary Jazz chart, and Mr. Tisdale’s marking the first time that a freshman Mr. COLE. I thank the gentleman for album Way Up reached No. 1 on Billboard’s has been named as a first-team All- yielding. Top 10; American since freshmen were allowed Mr. Speaker, I rise today in support Whereas Mr. Tisdale has been an inspira- to play again in the 1971–1972 season. of this bill to honor a great American tion to those in the Jazz community; Whereas Mr. Tisdale served as a testament During his collegiate career with the and a great Oklahoman, Wayman Law- and example to the power of perseverance University of Oklahoma Sooners, rence Tisdale. I would like to thank and positive thinking in the midst of per- Wayman was also honored as Big Eight Chairman TOWNS and Ranking Member sonal trial; and Conference player of the year for three ISSA for their work on the bill. As the Whereas Mr. Tisdale’s admirable character consecutive seasons and still holds gentlelady from the District of Colum- has served as a strong example to thousands Oklahoma’s career record with 2,661 bia so aptly noted, Wayman Lawrence of Americans to persevere and not be bound points and career rebounding record Tisdale was an all-star basketball play- by one calling in life, but to achieve all with 1,048 rebounds. In addition, he reer and a brilliant jazz musician. How- which they hope and aspire to for themselves mained devoted to music, as he contin- and their families: Now, therefore, be it ever, Tisdale was not only an excep- Resolved, That the House of Representa- ued to play bass guitar at Sunday serv- tional athlete and musician, he tives expresses— ices in Tulsa and even played in the brought a positive spirit to everything (1) gratitude to Wayman Lawrence Tisdale Oklahoma Sooners band. he did and should serve as a role model for his exceptional character and for the ex- In honor of his remarkable achieve- to all Americans. Even when he faced ample that he served as a testament to the ments as a Sooner, in 1997 Wayman be- personal adversity, he maintained an powers of positive thinking; and came the first player in any sport to optimistic attitude and brought joy to (2) profound sorrow at the death of Mr. Tis- have his jersey number, number 23, re- all of those surrounding him. dale and condolences to his family, friends, tired by the University of Oklahoma and colleagues, and to the State of Okla- and in April of 2009 was inducted into b 1330 homa that he represented so well. the National Collegiate Basketball Wayman Tisdale was raised in Tulsa, The SPEAKER pro tempore. Pursu- Hall of Fame. Oklahoma, and the youngest of six ant to the rule, the gentlewoman from Prior to his selection as a second children of a distinguished Baptist the District of Columbia (Ms. NORTON) overall pick in the 1995 NBA draft by minister and a loving wife. At 6′9″, and the gentleman from Georgia (Mr. the Indiana Pacers, Wayman honorably Wayman excelled as a basketball play- WESTMORELAND) each will control 20 represented his country as a member of er at Booker T. Washington High minutes. the 1984 U.S. Olympic basketball team School where he was named Okla- The Chair recognizes the gentle- which won the gold medal in Los Ange- homa’s only McDonald’s All American woman from the District of Columbia. les. He then embarked on an impressive and was named Converse National High GENERAL LEAVE 12-season professional basketball ca- School Player of the Year. Though Tis- Ms. NORTON. Mr. Speaker, I ask reer as a power forward and center dale had many scholarship offers, he unanimous consent that all Members with the Pacers, the Sacramento Kings chose to remain close to home and at- have 5 days in which to revise and ex- and the Phoenix Suns. tend the University of Oklahoma. tend their remarks. Upon his retirement from the NBA in After arriving at the University of The SPEAKER pro tempore. Is there 1997, Wayman continued to develop his Oklahoma, Tisdale quickly distin- objection to the request of the gentle- musical talent and subsequently be- guished himself as one of the greatest woman from the District of Columbia? came an award-winning contemporary basketball players the school has ever There was no objection. jazz musician. Wayman had launched seen. In his 3-year college career, he re- Ms. NORTON. Mr. Speaker, I yield his professional music career with the ceived the honor of being named Big 8 myself as much time as I may con- 1995 release of his jazz album, Power Player of the Year in 1983, 1984, and sume. Forward, which reached number four 1985. Mr. Speaker, he was also named On behalf of the Committee on Over- on Billboard’s Contemporary Jazz Al- to the All American Team three times sight and Government Reform, I am bums chart. He subsequently released in 3 years while at the University of pleased to present H. Res. 469 for con- seven additional jazz albums, all of Oklahoma. sideration, honoring the exceptional which reached the Top Ten on Bill- Tisdale averaged 25.6 points a game life of Wayman Lawrence Tisdale and board’s Contemporary Jazz Albums and 10.1 rebounds a contest during his expressing sincere condolences on his chart, including three albums that career with the Sooners. He still holds passing. went to number one. Oklahoma career records for points and In addition to his success on the bas- H. Res. 469 was introduced by our col- rebounds. Tisdale also owns the ketball court and his influence on jazz league, Representative TOM COLE of school’s single-game scoring mark and music, Wayman will be equally remem- Oklahoma, on May 21, 2009, and re- bered for his exceptional character, career marks for points per game, field ported out of the Oversight Committee positivity and heart. As noted by his goals, and free throws attempted and by unanimous consent on June 18, 2009. former Indiana Pacers teammate made. Tisdale was a member of the Additionally, this resolution enjoys the Reggie Miller, Wayman ‘‘was the nicest gold medal U.S. Olympic team of 1984 bipartisan support of over 50 Members man in the world with the biggest and was the number two NBA draft of Congress. heart and an even bigger smile. I thank pick in 1986. While in the NBA, Mr. Born in Fort Worth, Texas, on June him for befriending me and for showing Speaker, Wayman Tisdale played with 9, 1964, Wayman Tisdale grew up in me there is more to life than just bas- the Indiana Pacers, the Sacramento Tulsa, Oklahoma, where he developed ketball.’’ Kings, and the Phoenix Suns scoring his dual affections for the sport of bas- Regrettably, Wayman Lawrence Tis- more than 12,800 points and pulling ketball and what Wayman considered dale passed away on May 15, 2009, at down more than 5,000 rebounds in a 12- his first love, music. Notably, while the young age of 44. Mr. Speaker, let us year professional career. On November Wayman was considered one of the honor this exceptional athlete, musi- 22, 2009, Wayman Tisdale will be for- most heavily recruited high school bas- cian and man through the passage of H. mally inducted into the National Col- ketball players in the Nation, he al- Res. 469. I urge my colleagues to join lege Basketball Hall of Fame. ways continued to play bass guitar dur- me in supporting this resolution. Mr. Speaker, in addition to a remark- ing morning services at his father’s I reserve the balance of my time. able basketball career, Mr. Tisdale dis- Tulsa church. Mr. WESTMORELAND. Mr. Speaker, tinguished himself as a jazz musician. Wayman subsequently accepted a I yield as much time as he may con- As the son of a Baptist minister, he be- basketball scholarship from the Uni- sume to my distinguished colleague, came intrigued by the bass guitarists versity of Oklahoma where he was a my friend and the author of this reso- at his father’s church and began teach- three-time All-American from 1983 to lution from the State of Oklahoma ing himself to play guitar and bass. He 1985, including his freshman year, (Mr. COLE). recorded and released eight albums of

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17672 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 jazz, one of which reached No. 1 on Bill- from the District of Columbia, and I, of particularly Vernard and Jordan, and I wish board’s Top 10; another one reached No. course, support the resolution in front them all the best. 4 on Billboard’s Contemporary Jazz of us. Since the wreck, there has been renewed chart. I rise, however, today to recognize interest in the relatively poor safety record of In addition to his solo career, Tisdale the nine individuals who perished in the aging 1000–series cars, like the one that also collaborated with some of the the June 22 Metrorail crash on the Red telescoped so dramatically in the wreck. most popular musicians in smooth jazz, Line. I pray that we’ll never have to Today, 290 of these 1000–series cars are in including solo artists Dave Koz, Brian experience such a tragedy again. Metrorail’s fleet of 1,126 cars. If Congress and Culbertson, Kirk Whalum, David One of those individuals was my con- the President approve funding the Federal Sanborn, Jonathan Butler, and stituent, Jeanice McMillan of Spring- Government’s $150 million matching share of Everette Harp. In 2002, Wayman re- field, Virginia. She was the operator of dedicated funding, there will be sufficient rev- ceived the distinction of the Bassist of the train, and she took heroic meas- enue to replace these with much safer cars the Year in the National Smooth Jazz ures to try to have manual override on that are less prone to telescoping. Awards. an automatic system that apparently The regional delegation has been working Though Tisdale was a remarkably failed to detect a stationary train in tirelessly to ensure that the Federal govern- talented basketball player and musi- front of her. Her efforts saved lives; ment matches the $150 million that Virginia, cian, it’s perhaps his positive spirit and in the course of her heroic efforts, Maryland, and Washington, D.C., have already that distinguished him above all else. she, of course, sacrificed her own. Her identified to ensure that the Washington Met- Mr. Speaker, in my home State of memory is an important memory, and ropolitan Transit Authority (WMATA) can con- Oklahoma, we are justly proud of Will it needs to be honored here in the duct the necessary maintenance to prevent Rogers who liked to say he never met United States Congress along with the disasters like this in the future. a man he didn’t like. Well, I can’t tes- other victims of that tragedy. Hope- I appreciate the leadership of Chairman tify as to whether that was true of Mr. fully, the measures we are going to try JOHN OLVER from the Appropriations Transpor- Tisdale or not, but I’m certain that Mr. to undertake this next week will go a tation Subcommittee for including this request Tisdale never met a man who didn’t long way to mitigating the possibility in his mark up this week, and I thank my col- like him. of such a tragedy recurring in the sys- leagues-from the National Capital Region for Friends and relatives have noted that tem. their commitment to ensuring that WMATA Wayman was also upbeat, had a re- Metro is important to metropolitan has the resources it needs to provide the markable ability to smile at everyone Washington; it’s important to the Na- safest possible transit service. he met, even in the darkest cir- tion’s Capital. It is America’s subway. I ask my colleagues to join us in honoring cumstances. Former coaches and play- We need to invest in it. And in the the lives of those lost by supporting the nec- ers have said that Tisdale was able to name and memory of my constituent, essary investments to help ensure such trage- turn the national spotlight on the Uni- Jeanice McMillan, and the other vic- dies are prevented in the future. versity of Oklahoma basketball pro- tims of that tragedy on June 22, I Mr. WESTMORELAND. Mr. Speaker, gram not only by his incredible talent would hope we’ll take such actions I reserve the balance of my time. on the court, but by his positive spirit soon. Ms. NORTON. Mr. Speaker, I have no Mr. Speaker, I rise today to recognize each and his sheer charisma as a player and further speakers so I am prepared to as a person. of the nine individuals who perished in the reserve. Our Governor, Governor Brad Henry, June 22 Metrorail crash on the Red Line and Mr. WESTMORELAND. Mr. Speaker, referred to him as ‘‘one of the most in- I pray that we will never have to experience I urge all of the Members to support spirational people I have ever known.’’ such a tragedy again. the passage of H. Res. 469. Fellow Olympic team member and However, I want to single out the life and I rise in support of H.R. 469 honoring the close friend, Sam Perkins, said that service of my Northern Virginia constituent, life of basketball star and jazz musician Tisdale was ‘‘a real friend who’s got Jeanice McMillan of Springfield, who was the Wayman Tisdale and expressing condolences your back and would do just about any- operator of one of the trains involved in the to his family on his death. thing for you.’’ crash. In 2007, Wayman Tisdale was diag- In the moments before she lost her life in Today, we honor Wayman Tisdale, for his nosed with bone cancer, which ulti- the line of duty, Ms. McMillan’s prompt and life accomplishments and for his demonstra- mately resulted in the removal of part professional actions undoubtedly saved the tion of positive thinking, particularly in the last of his leg. During this ordeal, Tisdale lives of many passengers riding in the front couple of years of his life as he battled can- maintained a very positive spirit, cars of the train. cer. which should serve as an example for Investigators have determined that Ms. Mc- Mr. Tisdale’s inspirational and enthusiastic all Americans and all people who strug- Millan successfully activated the manual emer- way in which he lived his life serves as an ex- gle with hardship and disease. When re- gency brakes in an attempt to slow down the ample for us all. He was a star basketball ferring to his battle with cancer, he train as it hurtled toward the Fort Totten sta- player, showing a profound gift for the sport said, ‘‘You don’t change because things tion after the train’s automatic controls failed during his time at Oklahoma University in the come in your life. You get better be- to react to the presence of another train on mid-1980s. He is considered an OU basketball cause things come in your life.’’ Trag- the tracks ahead of it. legend, having been a three-time All-American ically, Mr. Tisdale passed away due to Unfortunately, Ms. McMillan and eight pas- during his time at the university and was OU’s complications from cancer on May 15, sengers died when the front car of her train all-time leader in scoring and field goal per- 2009. telescoped in the horrific crash. centage. Mr. Tisdale was a member of the Despite his personal struggles, Tis- Ms. McMillan began her career at Metro in men’s basketball team in the 1984 Olympics dale excelled at two separate careers. 2007, after a decade of service in the United and assisted in their gold medal win. His strong spirit and the positive atti- States Postal Service. By all accounts, she He went on to be the second overall pick in tude that he brought to everything was an exemplary and conscientious public the 1985 NBA Draft by the Indiana Pacers, that he did should serve as an inspira- employee who put the welfare of others ahead and played for a total of 12 NBA seasons for tion to everyone. It’s only fitting that of her own in her private and professional the Pacers, the Sacramento Kings, and the Congress should pay tribute to this lives. Phoenix Suns until his retirement from the outstanding American. Ms. McMillan made sacrifices at home to NBA in 1997. Again, I urge the passage of H. Res. help fund her son Jordan’s college education Though his professional basketball career 469. just as she made the ultimate sacrifice at work came to an end at that point, Mr. Tisdale did Ms. NORTON. Mr. Speaker, I yield 2 to save the lives of others in the moments be- not, in any sense, slow down. He continued to minutes to my friend and regional fore the two Metro trails collided on that fateful participate in basketball camps for youngsters. Member, Mr. CONNOLLY of Virginia. day. He also became known as a talented jazz mu- Mr. CONNOLLY of Virginia. Mr. As I have done privately, I express my sician, releasing his first CD in 1995, which Speaker, I thank the gentlewoman deepest condolences to the McMillan family, achieved the Number four spot on Billboard’s

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 9920 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17673 Contemporary Jazz chart and also gained a The question was taken. Harlem by Sarah Vaughn, Duke Ellington, spot on the R&B charts. His subsequent al- The SPEAKER pro tempore. In the and Dizzy Gillespie; bums were also successful, with many earning opinion of the Chair, two-thirds being Whereas multifaceted Harry Belafonte ex- in the affirmative, the ayes have it. panded the African Diaspora’s music by in- spots on Billboard’s Top 10. troducing calypso to America; Odetta, Mr. Tisdale’s accomplishments in his life are Mr. BROUN of Georgia. Mr. Speaker, known as the voice of the Civil Rights Move- a reflection of his motivational frame of mind. on that I demand the yeas and nays. ment, had a powerful musical repertoire; He was noted and admired for his positive The yeas and nays were ordered. Sammy Davis, Jr. impressed the world as thinking, even after he was diagnosed with The SPEAKER pro tempore. Pursu- crooner and a renowned entertainer; and Ray bone cancer in 2007. The diagnosis led to sur- ant to clause 8 of rule XX and the Charles, ‘‘The Genius’’, consolidated gospel, geries and eventually the amputation of his Chair’s prior announcement, further country, and blues music to influence rock right leg, but Mr. Tisdale never lost his positive proceedings on this motion will be and roll music and help to create soul music; outlook. postponed. Whereas legends like James Brown, Bo Diddley, and Little Richard helped the tran- Sadly, Mr. Tisdale passed away suddenly f sition from blues to rock & roll music with on May 15, 2009. Though he has left this CELEBRATING BLACK MUSIC ease, Tina Turner riveted sold out audiences world, he will forever be remembered for the MONTH domestically and abroad, and Jimi Hendrix optimistic and confident manner in which he created a new musical form; led his life and, by example, encouraged us to Ms. WATSON. Mr. Speaker, I move to Whereas Jackie Brentson, Howlin’ Wolf, do the same. suspend the rules and agree to the reso- The Staple Singers, Otis Redding, Rufus and In a press interview in June of 2008, he said lution (H. Res. 476) celebrating the 30th Carla Thomas, Al Green, Willie Mitchell, ‘‘You go through things. You don’t change be- anniversary of June as ‘‘Black Music Johnny Taylor, Isaac Hayes, and songwriter David Porter combined to place more than cause things come in your life. You get better Month,’’ as amended. The Clerk read the title of the resolu- 167 hit songs in the Billboard Top 10 Pop because things come in your life.’’ charts and a staggering 243 hits in the Top Many people can attest that they are better tion. 100 R&B charts at Sun Studios, Hi Records, for having had Mr. Tisdale as a role model The text of the resolution is as fol- and Stax Records in Memphis; and a part of their lives. I rise today and ask lows: Whereas Stax, dubbed ‘‘Soulsville USA’’, my colleagues to join me in honoring Mr. Tis- H. Res. 476 had a revolutionary sound that earned eight dale and expressing our condolences to his Whereas in 1979, the month of June was Grammys and an Oscar; family in his passing by supporting H. Res. proclaimed ‘‘Black Music Month’’ and all Whereas the Motown empire attracted cre- people in the United States were encouraged ative individuals such as Smokey Robinson, 469. The Four Tops, Holland Dozier Holland, Mar- I yield back the balance of my time. to learn more about the important role that African-American artists have played in tha Reeves, The Temptations, The Supremes, Mr. BOREN. Mr. Speaker, I rise today to Marvin Gaye, The Jacksons, and Stevie Won- honor the life of a fellow Oklahoman, Wayman shaping history and culture; Whereas America’s rich heritage is influ- der to Detroit; Tisdale, who tragically passed away on May Whereas Hitsville USA produced an aston- enced by the diversity of its people and the ishing amount of Top 100 hits that spanned 15th. important contributions of Black culture; over three decades and by the 1970s was the Many people in Oklahoma and across the Whereas America’s cultural story is heav- largest independent record company in the nation knew Wayman as a college or profes- ily influenced by the celebration and strug- world; sional basketball player, or even as an accom- gle of Black people through their musical ex- Whereas by the 1970s and 80s, new genres of plished musician. But he represented much, pression; music emerged in the form of funk, rhythm Whereas many genres of music, such as much more. and blues, hip hop, and rap in cities across gospel, jazz, blues, rock and roll, rhythm and Tisdale was a three-time All-American for the country including Los Angeles, Philadel- blues, and soul that were an integral part of the University of Oklahoma’s basketball pro- phia, New York City, and Atlanta; gram in the 1980s before playing a dozen American culture, trace their roots back to Whereas African-American music illus- years in the NBA. the banks of the Mississippi River in cities trates exceptional musicianship; like Memphis, St. Louis, New Orleans, and Wayman still holds Oklahoma’s career Whereas African-American composers, other cities like Kansas City and Chicago; writers, singers, instrumentalists, and pro- record for both points and rebounds. Tisdale Whereas the amount of musical talent and was the first OU athlete in any sport to have ducers are at the top of many charts and in skill that came from the Mississippi Delta the Gospel Music Hall of Fame, the Blues his jersey retired. After three years at Okla- and the myriad of towns in this region is un- Hall of Fame, and the Rock and Roll Hall of homa, Tisdale played in the NBA with the Indi- deniable; Fame; ana Pacers, Sacramento Kings and Phoenix Whereas these genres of music illustrate Whereas African-American music embodies Suns. the complexities of the African-American ex- an original expression of the human experi- As a chart-topping musician, Tisdale re- perience and they give a voice to many so- ence by entertaining, inspiring, and stirring corded eight albums. Tisdale’s jazz album cial movements and inspiration to countless countless people in the United States and generations of people in the United States; ‘‘Power Forward’’ reached No. 4 on Billboard’s around the world; and Whereas as early as the 1860s, the ragtime Whereas June 2009 marks the 30th anniver- Contemporary Jazz chart, and his album ‘‘Way artist Scott Joplin broadened the operatic Up’’ reached No. 1 on Billboard’s Top 10. sary of ‘‘Black Music Month’’: Now, there- and classical worlds and Black traveling fore, be it Aside from his long list of achievements, brass bands trekked to Beale Street in Mem- Resolved, That the House of Representa- Tisdale’s leadership, character, and grace set phis, ‘‘Home of the Blues and Birthplace of tives celebrates the goals and ideals of a strong example for his family, friends, team- Rock and Roll’’, to perform; ‘‘Black Music Month’’. mates, fans, and above all else, his fellow Whereas gospel music and its artists like The SPEAKER pro tempore. Pursu- Americans. Thomas Dorsey, Lucy Campbell, Dr. Herbert Brewster, Mahalia Jackson, Aretha Frank- ant to the rule, the gentlewoman from Mr. Tisdale was an All-American not just in California (Ms. WATSON) and the gen- basketball, but in life. With memories of his big lin, Shirley Caesar, and Kirk Franklin are a special part of the American tradition that tleman from Georgia (Mr. WESTMORE- smile and his big heart, we send our deepest spawned future musical genres; LAND) each will control 20 minutes. condolences to Wayman’s wife, Regina, and Whereas the mid-20th Century saw the The Chair recognizes the gentle- his four children. Wayman will be missed, but emergence of groundbreaking jazz and blues woman from California. never forgotten. artists such as W.C. Handy, Bessie Smith, GENERAL LEAVE Ms. NORTON. Mr. Speaker, I strong- Lena Horne, Charlie Parker, Lionel Hamp- Ms. WATSON. Mr. Speaker, I ask ly urge my colleagues to join me in ton, Max Roach, Billie Holiday, Count Basie, unanimous consent that all Members supporting H. Res. 469, and I yield back Ella Fitzgerald, Nat King Cole, Miles Davis, may have 5 legislative days in which to the balance of my time. Etta James, John Coltrane, Charles Mingus, Thelonious Monk, Wynton Marsalis, Louis revise and extend their remarks. The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there question is on the motion offered by Armstrong, Professor Longhair, James Booker, the Neville Brothers, Muddy Waters, objection to the request of the gentle- the gentlewoman from the District of Albert King and B.B. King; woman from California? Columbia (Ms. NORTON) that the House Whereas conductor and producer Quincy There was no objection. suspend the rules and agree to the reso- Jones was heavily influenced by the Ms. WATSON. Mr. Speaker, I yield lution, H. Res. 469. improvisational nature of jazz performed in myself such time as I may consume.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17674 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 Mr. Speaker, on behalf of the Com- American music reflects the cul- City, where they’ve got a jazz museum, mittee on Oversight and Government turally diverse heritage of the United and he got a special kind of music Reform, I present H. Res. 476 for con- States. It is almost impossible to envi- going and went to New York with Dizzy sideration. This resolution expresses sion American music without recog- Gillespie and Max Roach and some our support for the goals and the ideals nizing the influence and contributions other jazz greats and brought a jazz of Black Music Month. from African Americans. The roots of form that I guess had its roots not only H. Res. 476 was introduced by my col- Black music can be traced to the Mis- in Kansas City, but also in New Orleans league, Representative STEVE COHEN of sissippi Delta and cities such as New with Louis Armstrong and James Tennessee, on May 21, 2009, and re- Orleans, Chicago, and Kansas City. The Booker, who was such a great keyboard ported out of the Oversight Committee great State of Georgia has offered performer and gave birth to folks like by unanimous consent on June 18, 2009. music greats such as Ray Charles, Otis Professor Longhair that tickled the Additionally, this resolution enjoys the Redding, Gladys Knight, and James ivories in a special manner that’s the support of nearly 70 Members, of which Brown, among many others. They have New Orleans style. It’s really a gumbo I am included. illustrated the personal experiences of music that comes out of New Orle- Mr. Speaker, as we celebrated Black through their music, thus inspiring Music Month this past June, I thought ans with the Neville Brothers, the millions of fans and countless genera- Marsalis family and Louis Armstrong, of the impact African American music tions of Americans. has had on American culture. Both so- who did such a special music out of I ask my colleagues to join me in New Orleans. cially and artistically, Black music is support of this resolution celebrating one of the most interesting trends in the 30th anniversary of June as Black It all emanated from the Delta, and American history. African American Music Month. it came from—whether it be gospel, as music finds its roots in the slave cul- I reserve the balance of my time. Ms. WATSON commented, or blues, it ture of the rural South of the United Ms. WATSON. Mr. Speaker, we will evolved and brought about a new art States. Blues and gospel music comes yield as much time as he needs to our form. from the plantation songs of slaves. As distinguished Member from Tennessee, In Memphis, we had Stax Records, Blacks moved north into cities such as Representative STEVE COHEN. where Otis Redding from Georgia came Memphis and St. Louis, Chicago and Mr. COHEN. Mr. Speaker, I would to record his music. Isaac Hayes, my Detroit in the early parts of the 20th like to thank the distinguished Rep- century, the music transitioned and be- good friend and who was a chief in resentative from California (Ms. WAT- came urbanized. Blues became jazz and Ghana and passed just about a year ago SON) for the time. combined with gospel music to form this month, produced Shaft, and he H. Res. 476 celebrates the 30th anni- soul. took a special experience to Los Ange- versary of Black Music Month. It was It was not until the post-World War les with the Watts Music Festival. And II era that mainstream America began first introduced by President Jimmy Isaac Hayes was performance art and to feel the effects of Black music when Carter, and President Carter recog- just beyond music. He was a unique in- musical geniuses such as Robert John- nized the influence—I guess, the dividual who took a certain style and a son, Muddy Waters, Louis Jordan, B.B. Waldons kind of helped President Car- certain music. Isaac never knew how to King, Chuck Berry, Bo Diddley, Little ter get going in Georgia, in Macon, read music but he knew how to write it Richard and countless others began to Georgia, and of course that was James and produce it, and he was a genuine play on the radio. Brown, and there were a whole lot of American, unique musician and hero. In the 1960s, soul music and rhythm folks there that Jimmy Carter was impressed with and the Allman Brothers, Isaac Hayes came out of Memphis, and blues crossed over Black music fur- the Bar-Kays and so many people out ther into the mainstream. Black music too, but he certainly was a James Brown guy in Georgia. of Stax Records. There was also Hi legends such as James Brown and Records in Memphis where Willie Berry Gordy’s Detroit Motown ma- b 1345 Mitchell produced Al Green. And Mem- chine and Jimi Hendrix let the world I was at an event this weekend, Mr. phis is very proud of its musical herit- know that Black music was a force to Speaker, in Memphis at Anthony F. age, which is preserved in the Stax be reckoned with. As Black music moved into the 1970s Elmore’s home honoring African cul- Soulful Music where the Stax Records and 1980s, it took new forms. Disco, ture, and there was a gentleman who were on McLemore, and at the same rap, and a new form of rhythm and played the drums at the beginning of time there was Motown in Detroit with blues would produce modern-era musi- the presentation. And after he finished Stevie Wonder and Martha Reeves and cal geniuses, such as the greatest en- he made a comment. He said, Without the Vandellas and the Supremes and on tertainer of all time who just recently Africa, there would not be a beat. and on and on. passed, Michael Jackson. Other musi- There wouldn’t be a beat. Memphis and Detroit both are very cal greats, like George Clinton; Prince; And I thought about that and I proud of our musical traditions and thought about this resolution and real- and Kurtis Blow; Earth, Wind & Fire; histories, and we support those; Mem- ized that he was correct. The beat’s and a host of others also helped Black phis in particular, where Elvis Presley what it’s about, a lot of folks believe. music grow to phenomenal levels. was a transformative individual that It’s what makes music what it is or So what is the impact of Black took an African American musical her- rock and roll or blues or jazz. A lot of music? The impact of Black music itage and combined it with some Ten- times, I mean it’s lyrics and so many most notably is it told mainstream nessee country or rockabilly and pro- things, but the beat’s what it is, and America that it is okay to express your duced rock and roll. And he, like Mi- that’s what’s unique about this con- feelings and your emotions as you see chael Jackson, were crossover figures tribution to music is the beat. them. Black music informed America that had a major influence on Amer- It came from the Mississippi River. It what was going on in African American ican society because they told youth communities, and it broke barriers came from the Delta. Memphis is the home of the blues and the birthplace of that race wasn’t an issue. The music that allowed Black people to further got beyond race. integrate into American society. rock and roll. It’s my hometown, and So, Mr. Speaker, I want to urge all of St. Louis had the blues, too. W.C. America has had a problem over its my colleagues to support the 30th anni- Handy was from Memphis and a great history with race, and one thing Elvis versary of Black Music Month. innovator, and he spent time in both Presley did is it told a lot of young I reserve the remainder of my time. Memphis and in St. Louis. And then if white people that it was cool to shake Mr. WESTMORELAND. Mr. Speaker, you spin off a little bit to Kansas City, your leg and to like music and to show I yield myself as much time as I may Charlie Parker, who was really the fa- some emotion and expression. And Mi- consume. ther of bebop and jazz, and Kansas chael Jackson showed a lot of people

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17675 that what he produced was fine in dif- in social change, and that’s why I’m rules and agree to the resolution, H. ferent cultures, and it wasn’t nec- proud to join the 70 cosponsors and to Res. 476, as amended. essarily one race that liked that par- speak in behalf of this resolution and The question was taken. ticular music or another and was a ask that we pass H. Res. 476, that we The SPEAKER pro tempore. In the transformative effect. encourage schools and teachers to opinion of the Chair, two-thirds being The reason we celebrate Black Music teach the arts, to teach music and to in the affirmative, the ayes have it. Month is because of the tremendous teach this heritage so that people un- Mr. BROUN of Georgia. Mr. Speaker, contributions that this country has re- derstand how music can really move a on that I demand the yeas and nays. ceived from musicians that are African country and a society forward. The yeas and nays were ordered. American. And whether it’s jazz, Mr. WESTMORELAND. Mr. Speaker, The SPEAKER pro tempore. Pursu- whether it’s blues, whether it’s gospel I have no further speakers, so I yield ant to clause 8 of rule XX and the with Mahalia Jackson and Aretha back the balance of my time. Chair’s prior announcement, further Franklin and other people from the Ms. WATSON. Mr. Speaker, I would proceedings on this motion will be pulpit, or whether it’s other forms be remiss if I did not remention the postponed. where Nat King Cole or Sammy Davis contributions of Michael Jackson, or Lena Horne made such an impres- whose passing on June 25, 2009, coin- f sion or Marian Anderson, it’s a particu- cided with the June celebration of RESIGNATION AS MEMBER OF larly special place and it’s allowed, I Black Music Month. Through his inno- COMMITTEE ON STANDARDS OF think, a transcendent voice for a civil vation in the field of music, music OFFICIAL CONDUCT rights movement. video and dance, and subsequent global The SPEAKER pro tempore laid be- Harry Belafonte did calypso, a dif- crossover appeal, Mr. Jackson paved fore the House the following resigna- ferent type of music, but Harry the way for generations of African tion as a member of the Committee on Belafonte was strong in the civil rights American musicians and left an indel- Standards of Official Conduct: movement and helping move this coun- ible mark on the music industry, cre- try forward. And I think there was a ated a new genre and a new popular U.S. CONGRESS, lot of African American music that HOUSE OF REPRESENTATIVES, culture. Washington, DC, July 14, 2009. helped make the civil rights movement Mr. BISHOP of Georgia. Mr. Speaker, I rise Hon. NANCY PELOSI, happen and make people understand, in support of H. Res. 476, which celebrates Speaker of the House, House of Representatives, by identifying with performers in the thirtieth anniversary of Black Music Month. U.S. Capitol, Washington, DC. music in ways they otherwise could not Music has long been intertwined with the DEAR SPEAKER PELOSI: This letter serves identify with African Americans be- Black experience, especially in the United as my intent to resign from the Committee cause of our segregated society, about States. Its roots stretch back to the rhythms of on Standards of Official Conduct, effective how wrong it was that segregation ex- Africa which were first brought to the shores of today. isted and allow an opportunity for peo- America by our enslaved ancestors hundreds Sincerely, JOHN KLINE, ple to see that from a more personal, of years ago. Member of Congress. visceral level, and to make this coun- Black music also provided the soundtrack to try change and become the more per- freedom and the Civil Rights Movement. The The SPEAKER pro tempore. Without fect union that it needs to become and movement’s unofficial anthem, ‘‘We Shall objection, the resignation is accepted. to live up to the ideals that our Found- Overcome,’’ and other Negro spirituals were There was no objection. ing Fathers had about a society where sung by civil rights marchers in churches and f all men were created equal, which real- on the road from Selma to Montgomery. ly wasn’t true for so many years. Today, it is almost impossible to imagine a MOTION TO ADJOURN I think music has had a great influ- style of contemporary music that has not been Mr. BROUN of Georgia. Mr. Speaker, ence, and black music has had an influ- influenced by Black music. Jazz, gospel, rock I move that the House do now adjourn. ence on our country that is special, and and roll, rap, hip hop, R&B—all of these styles The SPEAKER pro tempore. The the reason we honor Black Music have become highly influential in the United question is on the motion to adjourn. Month is we remember those ideals and States and across the globe. African American The question was taken; and the remember these people that were cre- composers, writers, singers, instrumentalists, Speaker pro tempore announced that ative in our society over the years. and producers also are at the top of many the noes appeared to have it. Some young people don’t know about music charts. They have been enshrined in Mr. BROUN of Georgia. Mr. Speaker, jazz. They don’t know about a Lionel the Gospel Music Hall of Fame, the Blues Hall on that I demand the yeas and nays. Hampton and what he could do with a of Fame, and the Rock and Roll Hall of Fame. The yeas and nays were ordered. xylophone or some of the other great Musicians such as Elvis Presley, the Rolling The vote was taken by electronic de- performers, and we need to know that Stones, and the Beatles were inspired by Afri- vice, and there were—yeas 22, nays 380, history and revere it. can American artists like Sam Cooke, Aretha not voting 30, as follows: I had a dear friend named Warren Franklin, James Brown, Otis Redding, Chuck [Roll No. 531] Zevon who died in 2003. He was a folk Berry, Little Richard, Smokey Robinson, and YEAS—22 singer, a rock and roller, but he knew others. These talented musicians also have Bartlett Flake Paul he was going to die. And when he was paved the way for African American artists Barton (TX) Garrett (NJ) Pence close to death, he talked with a man today because their music is a powerful, Blackburn Gohmert Price (GA) named Jorge Calderon who cowrote multigenerational, and creative force. Broun (GA) Hensarling Souder Camp Johnson (IL) with him, and they were talking about I want to commend Representative STEVE Tiahrt Campbell Johnson, Sam Young (AK) dying. And he said to him, he said, COHEN for bringing this resolution to the Chaffetz King (IA) Warren, it’s not bad. He said, You will House floor today. Black music in all of its Crenshaw Olson get to see Miles. And here was rock and genres has both served to instill pride in our NAYS—380 roll folk singers, and what were they culture and bring people of all races together Abercrombie Bachus Bishop (NY) talking about was Miles Davis because to enjoy its powerful rhythms and harmonies. Ackerman Baird Blumenauer he transcended music and race. Miles I urge my colleagues to support H. Res. 476 Aderholt Baldwin Blunt Davis, he was something special, and on final passage. Adler (NJ) Barrow Boccieri Akin Bean Boehner there were so many performers like Ms. WATSON. Mr. Speaker, I yield Alexander Becerra Bonner that. back the balance of my time. Altmire Berkley Boozman And that’s the reason why it’s impor- The SPEAKER pro tempore. The Andrews Berman Boren tant that we recognize that heritage question is on the motion offered by Arcuri Berry Boswell Austria Biggert Boustany and that history, what it’s meant to the gentlewoman from California (Ms. Baca Bilbray Boyd America, not just in entertainment but WATSON) that the House suspend the Bachmann Bilirakis Brady (PA)

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17676 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 Brady (TX) Hall (NY) McCotter Scott (GA) Spratt Walden SEC. 2. TRANSFER OF ADMINISTRATIVE JURIS- Braley (IA) Hall (TX) McDermott Scott (VA) Stark Walz DICTION, PORT CHICAGO NAVAL Bright Halvorson McGovern Sensenbrenner Stupak Wamp MAGAZINE, CALIFORNIA. Brown (SC) Hare McHenry Serrano Tanner Wasserman (a) TRANSFER REQUIRED; ADMINISTRATION.— Brown, Corrine Harman McHugh Sessions Taylor Schultz Section 203 of the Port Chicago National Me- Brown-Waite, Harper McIntyre Shadegg Teague Waters morial Act of 1992 (Public Law 102–562; 16 Ginny Hastings (FL) McKeon Sherman Terry Watson U.S.C. 431; 106 Stat. 4235) is amended by Buchanan Hastings (WA) McMahon Shimkus Thompson (CA) Watt striking subsection (c) and inserting the fol- Burgess Heinrich McMorris Shuler Thompson (MS) Waxman Burton (IN) Heller Rodgers Shuster Thompson (PA) lowing new subsections: Weiner Butterfield Herger McNerney Simpson Thornberry ‘‘(c) ADMINISTRATION.—The Secretary of Welch Buyer Herseth Sandlin Meek (FL) Sires Tiberi the Interior shall administer the Port Chi- Cao Higgins Melancon Skelton Tierney Westmoreland cago Naval Magazine National Memorial as a Capito Hill Mica Slaughter Titus Wexler unit of the National Park System in accord- Capps Himes Michaud Smith (NE) Tonko Whitfield ance with this Act and laws generally appli- Wilson (OH) Capuano Hinchey Miller (FL) Smith (NJ) Tsongas cable to units of the National Park System, Wilson (SC) Cardoza Hinojosa Miller (MI) Smith (TX) Turner including the National Park Service Organic Carney Hirono Miller (NC) Smith (WA) Upton Wolf Carson (IN) Hodes Miller, Gary Snyder Van Hollen Woolsey Act (39 Stat. 535; 16 U.S.C. 1 et seq.) and the Carter Hoekstra Miller, George Space Vela´ zquez Wu Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. Cassidy Holden Minnick Speier Visclosky Yarmuth 461 et seq.). Land transferred to the adminis- Castle Holt Mitchell trative jurisdiction of the Secretary of the Castor (FL) Honda Mollohan NOT VOTING—30 Interior under subsection (d) shall be admin- Chandler Hoyer Moore (KS) Barrett (SC) Culberson Sarbanes istered in accordance with this subsection. Childers Hunter Moore (WI) Bishop (GA) Dingell Schrader ‘‘(d) TRANSFER OF LAND.—The Secretary of Clarke Inglis Moran (KS) Bishop (UT) Doyle Sestak Defense shall transfer a parcel of land, con- Cleaver Inslee Moran (VA) Bono Mack Edwards (TX) Shea-Porter sisting of approximately 5 acres, depicted Clyburn Israel Murphy (CT) Boucher Filner Stearns within the proposed boundary on the map ti- Coble Issa Murphy (NY) Calvert Grijalva Sullivan tled ‘Port Chicago Naval Magazine National Coffman (CO) Jackson (IL) Murphy, Patrick Cantor Mack Sutton Cohen Jackson-Lee Murphy, Tim Carnahan Meeks (NY) Towns Memorial, Proposed Boundary’, numbered Cole (TX) Murtha Clay Olver Wittman 018/80,001, and dated August 2005, to the ad- Conaway Jenkins Myrick Conyers Rothman (NJ) Young (FL) ministrative jurisdiction of the Secretary of Connolly (VA) Johnson (GA) Nadler (NY) the Interior if the Secretary of Defense de- Cooper Johnson, E. B. Napolitano ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE termines that— Costa Jones Neal (MA) The SPEAKER pro tempore (Mr. ‘‘(1) the land is excess to military needs; Costello Jordan (OH) Neugebauer and Courtney Kagen Nunes BLUMENAUER) (during the vote). There Crowley Kanjorski Nye are 2 minutes remaining on this vote. ‘‘(2) all environmental remediation actions Cuellar Kaptur Oberstar necessary to respond to environmental con- Cummings Kennedy Obey b 1421 tamination related to the land have been Dahlkemper Kildee Ortiz completed in accordance with the Com- Davis (AL) Kilpatrick (MI) Pallone Messrs. CAPUANO, MELANCON and prehensive Environmental Response, Com- Davis (CA) Kilroy Pascrell MORAN of Virginia and Ms. SPEIER pensation, and Liability Act of 1980 (42 Davis (IL) Kind Pastor (AZ) changed their vote from ‘‘yea’’ to U.S.C. 9601 et seq.) and other applicable laws. Davis (KY) King (NY) Paulsen ‘‘(e) PUBLIC ACCESS.—The Secretary of the Davis (TN) Kingston Payne ‘‘nay.’’ Deal (GA) Kirk Perlmutter Mr. FLAKE changed his vote from Interior shall enter into an agreement with DeFazio Kirkpatrick (AZ) Perriello ‘‘nay’’ to ‘‘yea.’’ the Secretary of Defense to provide as much public access as possible to the Port Chicago DeGette Kissell Peters So the motion to adjourn was re- Delahunt Klein (FL) Peterson Naval Magazine National Memorial without DeLauro Kline (MN) Petri jected. interfering with military needs. This sub- Dent Kosmas Pingree (ME) The result of the vote was announced section shall no longer apply if, at some Diaz-Balart, L. Kratovil Pitts as above recorded. point in the future, the National Memorial Diaz-Balart, M. Kucinich Platts ceases to be an enclave within the Concord Dicks Lamborn Poe (TX) Stated against: Doggett Lance Polis (CO) Mr. FILNER. Mr. Speaker, on rollcall 531, I Naval Weapons Station. Donnelly (IN) Langevin Pomeroy was unable to vote, as I was in New York to ‘‘(f) AGREEMENT WITH CITY OF CONCORD AND Dreier Larsen (WA) Posey EAST BAY REGIONAL PARK DISTRICT.—The Driehaus Larson (CT) Price (NC) receive an award from the National Associa- Secretary of the Interior is authorized to Duncan Latham Putnam tion for the Advancement of Colored People enter into an agreement with the City of Edwards (MD) LaTourette Quigley (NAACP). Had I been present, I would have Concord, California, and the East Bay Re- Ehlers Latta Radanovich voted ‘‘nay.’’ gional Park District, to establish and oper- Ellison Lee (CA) Rahall ate a facility for visitor orientation and Ellsworth Lee (NY) Rangel Mr. STEARNS. Mr. Speaker, on rollcall No. Emerson Levin Rehberg 531, I was unavoidably detained. Had I been parking, administrative offices, and curato- Engel Lewis (CA) Reichert present, I would have voted ‘‘no.’’ rial storage for the National Memorial.’’. Eshoo Lewis (GA) Reyes (b) SENSE OF CONGRESS ON REMEDIATION Etheridge Linder Richardson f AND REPAIR OF NATIONAL MEMORIAL.— Fallin Lipinski Rodriguez (1) REMEDIATION.—It is the sense of Con- Farr LoBiondo Roe (TN) PORT CHICAGO NAVAL MAGAZINE gress that, in order to facilitate the land Fattah Loebsack Rogers (AL) NATIONAL MEMORIAL ENHANCE- transfer described in subsection (d) of sec- Fleming Lofgren, Zoe Rogers (KY) tion 203 of the Port Chicago National Memo- Forbes Lowey Rogers (MI) MENT ACT OF 2009 Fortenberry Lucas Rohrabacher rial Act of 1992, as added by subsection (a), Foster Luetkemeyer Rooney Ms. BORDALLO. Mr. Speaker, I move the Secretary of Defense should remediate Foxx Luja´ n Ros-Lehtinen to suspend the rules and pass the bill remaining environmental contamination re- Frank (MA) Lummis Roskam (H.R. 1044) to provide for the adminis- lated to the land. Franks (AZ) Lungren, Daniel Ross (2) REPAIR.—It is the sense of Congress Frelinghuysen E. Roybal-Allard tration of Port Chicago Naval Maga- zine National Memorial as a unit of the that, in order to preserve the Port Chicago Fudge Lynch Royce Naval Magazine National Memorial for fu- Gallegly Maffei Ruppersberger National Park System, and for other ture generations, the Secretary of Defense Gerlach Maloney Rush purposes, as amended. Giffords Manzullo Ryan (OH) and the Secretary of the Interior should Gingrey (GA) Marchant Ryan (WI) The Clerk read the title of the bill. work together to develop a process by which Gonzalez Markey (CO) Salazar The text of the bill is as follows: future repairs and necessary modifications Goodlatte Markey (MA) Sa´ nchez, Linda H.R. 1044 to the National Memorial can be achieved in Gordon (TN) Marshall T. as timely and cost-effective a manner as pos- Be it enacted by the Senate and House of Rep- Granger Massa Sanchez, Loretta sible. Graves Matheson Scalise resentatives of the United States of America in Grayson Matsui Schakowsky Congress assembled, The SPEAKER pro tempore. Pursu- Green, Al McCarthy (CA) Schauer SECTION 1. SHORT TITLE. ant to the rule, the gentlewoman from Green, Gene McCarthy (NY) Schiff Guam (Ms. BORDALLO) and the gen- Griffith McCaul Schmidt This Act may be cited as the ‘‘Port Chi- Guthrie McClintock Schock cago Naval Magazine National Memorial En- tleman from Washington (Mr. HAS- Gutierrez McCollum Schwartz hancement Act of 2009’’. TINGS) each will control 20 minutes.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17677 The Chair recognizes the gentle- Mr. Speaker, I support this legisla- Mr. GEORGE MILLER of California. woman from Guam. tion. I thank the gentlewoman and chair of GENERAL LEAVE I reserve the balance of my time. the subcommittee for yielding me this Ms. BORDALLO. Mr. Speaker, I ask Ms. BORDALLO. Mr. Speaker, I sub- time and for bringing this bill to the unanimous consent that all Members mit for the RECORD the following ex- floor at this time. may have 5 legislative days in which to change of letters between the Com- I rise in strong support of the Port revise and extend their remarks and in- mittee on Natural Resources and the Chicago Naval Magazine National Me- clude extraneous material on the bill Committee on Armed Services con- morial Enhancement Act of 2009. under consideration. cerning H.R. 1044. It is fitting that we are taking up The SPEAKER pro tempore. Is there HOUSE OF REPRESENTATIVES, this legislation today, as this week objection to the request of the gentle- COMMITTEE ON ARMED SERVICES, marks the 65th anniversary of the mu- woman from Guam? Washington, DC, June 22, 2009. nitions explosion at the Port Chicago There was no objection. Hon. NICK J. RAHALL II, Naval Magazine facility in California, a Chairman, Committee on Natural Resources, Ms. BORDALLO. Mr. Speaker, H.R. disaster that killed more than 300 peo- 1044 provides that the Port Chicago Washington, DC. DEAR NICK: On February 12, 2009, H.R. 1044 ple and wounded hundreds more. Port Naval Magazine National Memorial be was introduced and referred to the Com- Chicago was the site of the worst home managed as a unit of the National Park mittee on Armed Services for a period to be front disaster of World War II, and it System. Currently the area is managed subsequently determined by the Speaker, for was a turning point in American his- as an affiliated site by the National consideration of such provisions as fall with- tory. Park Service. in the jurisdiction of the Committee. When sailors were ordered to resume On July 17, 1944, 320 men were killed Our Committee recognizes the importance of H.R. 1044 and the need for the legislation work a few weeks, or even sooner, after in an explosion at the Port Chicago the deadly explosion, white sailors Navy ammunition loading base in the to move expeditiously. Therefore, while we have a valid claim to jurisdiction over this were given time off to grieve and to San Francisco Bay area. This was the legislation, the Committee on Armed Serv- deal with the aftermath of the explo- largest homeland disaster during World ices will waive further consideration of H.R. sion. Black sailors were ordered to go War II. 1044. I do so with the understanding that by back to work immediately, and most of Of the dead, 202 were African Amer- waiving further consideration of the bill, the them refused to return to work to their ican enlisted men who were assigned to Committee does not waive any future juris- dangerous assignments until such time moving ammunition, a highly dan- dictional claims over similar measures. In as supervision, training, and working gerous job for which they had not re- the event of a conference with the Senate on conditions could be improved and they ceived adequate training. Fearful of this bill, the Committee on Armed Services could be told why that explosion took another explosion, 258 of their sur- reserves the right to seek the appointment of conferees. place. viving fellow sailors refused to work I would appreciate the inclusion of this let- In response, the Navy charged 50 men without more training. In response, the ter and a copy of your response in the CON- with conspiring to mutiny. All were Navy charged 50 men with mutiny, and GRESSIONAL RECORD during consideration of convicted. The majority of the men all were convicted. the measure on the House floor. The public outrage over the unjust Very truly yours, killed at Port Chicago and all those convictions was a key factor in the IKE SKELTON, convicted of mutiny were African Navy’s 1946 decision to end race-based Chairman. Americans. assignments and President Truman’s The injustice and the legal battles HOUSE OF REPRESENTATIVES, 1948 order to integrate all of the Armed that followed strongly influenced the COMMITTEE ON NATURAL RESOURCES, Navy’s move toward desegregation in Forces. Washington, DC, June 23, 2009. In 1992, Congress designated the Port 1945, and President Truman’s 1948 exec- Hon. IKE SKELTON, utive order desegregating the Armed Chicago Naval Magazine National Me- Chairman, Committee on Armed Services, morial. The pending measure furthers Washington, DC. Forces and guaranteeing ‘‘equality of that commitment by providing that DEAR IKE: Thank you for your willingness treatment and opportunity for all per- the Port Chicago Naval Magazine Na- to expedite floor consideration of H.R. 1044, a sons in the armed services without re- tional Memorial be managed as a unit bill to provide for the administration of the gard to race, color, religion or national Port Chicago Naval Magazine National Me- origin.’’ of the National Park System, a change morial as a unit of the National Park Sys- that acknowledges the actual role the When this bill becomes law, the Na- tem. tional Park Service will be able to NPS is playing on the ground in main- I appreciate your willingness to waive taining and interpreting the memorial. rights to further consideration of H.R. 1044, budget for the memorial’s needs, and The sponsor of this measure, Edu- even though your Committee has a jurisdic- an interpretive center authorized here cation and Labor Committee Chairman tional interest in the matter and has re- will allow veterans, students, and other GEORGE MILLER, has worked tirelessly ceived an additional referral. Of course, this visitors to learn about Port Chicago with the Army and the Navy, as well as waiver does not prejudice any further juris- even if they can’t access the site all of dictional claims by your Committee over the time, which is located currently the National Park Service, to move this legislation or similar language. Further- this legislation forward. Chairman within the Concord Naval Weapons more, I agree to support your request for ap- Station. MILLER is to be commended for his pointment of conferees from the Committee hard work on this bill. on Armed Services if a conference is held on This legislation was approved by the I support H.R. 1044 and urge its adop- this matter. House last year as part of the National tion by the House today. This exchange of letters will be inserted in Defense Authorization Act earlier this I reserve the balance of my time. the Congressional Record as part of the con- year, and I want to thank the Commit- Mr. HASTINGS of Washington. Mr. sideration of H.R. 1044 on the House floor. tees on Natural Resources and Armed Speaker, I yield myself such time as I Thank you for the cooperative spirit in Services for helping to expedite its may consume. which you have worked regarding this mat- consideration again today. ter and others between our respective com- Mr. Speaker, I rise to support H.R. mittees. In particular, I want to recognize 1044, but I do regret that sadly so many With warm regards, I am Chairwoman MADELEINE BORDALLO for of the men who are being memorialized Sincerely, managing this legislation here today; by this legislation are not alive to wit- NICK J. RAHALL II, Chairman RAHALL of the Natural Re- ness this action today. Time has Chairman, Committee on Natural Resources. sources Committee for its timely con- robbed us of many who survived the ex- At this time, Mr. Speaker, I would sideration and presentation to the plosion. We should all be thankful that like to introduce the gentleman from floor; DOC HASTINGS, ranking member the Almighty blessed us with men like California, the sponsor of this legisla- of the Natural Resources Committee; those who sacrificed in so many ways tion, Mr. MILLER, to take as much time Chairman RAU´ L GRIJALVA of the Na- at the Port Chicago magazine. as he may consume. tional Parks, Forests, and Public

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17678 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009

Lands Subcommittee, ROB BISHOP, the gentlewoman from Guam (Ms. This measure provides equity to the ranking member of that subcommittee; BORDALLO) that the House suspend the CNMI. It is the only U.S. territory that Chairman IKE SKELTON of the Armed rules and pass the bill, H.R. 1044, as does not control its submerged lands. Services Committee; JOHN MCHUGH, amended. The bill before us would simply convey former member of Armed Services; and The question was taken. the submerged lands surrounding the BUCK MCKEON, who now holds that po- The SPEAKER pro tempore. In the Commonwealth of the Northern Mar- sition on the Armed Services Com- opinion of the Chair, two-thirds being iana Islands extending out to 3 nau- mittee. in the affirmative, the ayes have it. tical miles to the Government of the I also want to thank the staff for the Mr. BROUN of Georgia. Mr. Speaker, CNMI. This is the same treatment of two committees, including Leslie Dun- on that I demand the yeas and nays. submerged lands afforded to Guam, can, David Watkins, and David The yeas and nays were ordered. American Samoa, and the U.S. Virgin Sienicki, and Ben Miller, my legisla- The SPEAKER pro tempore. Pursu- Islands. tive director. ant to clause 8 of rule XX and the I would like to thank Mr. SABLAN for I urge all my colleagues to support Chair’s prior announcement, further introducing this legislation and for H.R. 1044. proceedings on this motion will be making H.R. 934 one of his first legisla- Again, I would like to thank the gen- postponed. tive priorities as the delegate from the tlewoman for yielding me this time. f CNMI. b 1430 NORTHERN MARIANA ISLANDS Mr. Speaker, I urge support for this important legislation, and I reserve the Mr. HASTINGS of Washington. I SUBMERGED LAND CONVEYANCE balance of my time. have no more speakers on my side, and Ms. BORDALLO. Mr. Speaker, I move Mr. HASTINGS of Washington. Mr. if the gentlelady is the last speaker on to suspend the rules and pass the bill Speaker, I rise in support of H.R. 934, that side, I yield back the balance of (H.R. 934) to convey certain submerged and I yield myself as much time as I my time. lands to the Commonwealth of the may consume. Ms. WATERS. Mr. Speaker, I rise today in Northern Mariana Islands in order to Mr. Speaker, under this legislation, strong support of H.R. 1044—The Port Chi- give that territory the same benefits in the Commonwealth of the Northern cago Naval Magazine National Memorial En- its submerged lands as Guam, the Vir- Mariana Islands will have parity with hancement Act of 2009. I would like to thank gin Islands, and American Samoa have other U.S. territories by gaining juris- my colleague from California, Congressman in their submerged lands, as amended. diction over its submerged lands out to GEORGE MILLER, for offering this resolution The Clerk read the title of the bill. 3 geographic miles. The other terri- and for his lengthy and dedicated work to en- The text of the bill is as follows: tories were given jurisdiction over sub- sure that history records the real story of the H.R. 934 merged lands out to 3 geographic miles bravery and heroism of those injured and Be it enacted by the Senate and House of in the 1974 Submerged Lands Act. It is killed at Port Chicago on July 17, 1944. Representatives of the United States of America time that the Commonwealth is given On that day, 320 sailors and civilians were in Congress assembled, killed when munitions caches being loaded the same authority, and this legisla- SECTION 1. CONVEYANCE OF CERTAIN SUB- tion provides that. onto ships at Port Chicago, California, acci- MERGED LANDS TO THE COMMON- And with that, I reserve the balance dentally detonated. In addition, 390 sailors and WEALTH OF THE NORTHERN MAR- IANA ISLANDS. of my time. civilians were injured in the explosion. The (a) IN GENERAL.—The first section of Pub- Ms. BORDALLO. Mr. Speaker, I yield vast majority of the dead and injured were en- lic Law 93–435 (48 U.S.C. 1705) is amended by to the author of the bill and the gen- listed African Americans serving our country inserting ‘‘the Commonwealth of the North- tleman from the CNMI, Mr. SABLAN, for during World War II. ern Mariana Islands,’’ after ‘‘Guam,’’ each as much time as he may consume. Following the accident, when servicemen place it appears. Mr. SABLAN. Mr. Speaker, I want to protested the dangerous process of loading (b) REFERENCES TO DATE OF ENACTMENT.— thank the gentlewoman from Guam, munitions and the apparent lack of interest or For the purposes of the amendment made by the distinguished chairwoman of our will to remedy the process, the men were subsection (a), each reference in Public Law 93–435 (48 U.S.C. 1705) to the ‘‘date of enact- subcommittee, MADELEINE BORDALLO, court-martialed for being ‘‘mutinous’’ and sen- ment’’ shall be considered to be a reference for her leadership on many matters tenced to prison terms. The group came to be to the date of the enactment of this section. pertaining to the insular areas and to known as ‘‘The Port Chicago 50.’’ This accident happened during a time when The SPEAKER pro tempore. Pursu- the Mariana Archipelago islands that segregation in all aspects of American life still ant to the rule, the gentlewoman from we represent here in Congress. I want raged in our country. Even men who put their Guam (Ms. BORDALLO) and the gen- to especially thank her for her support lives on the line for our country were not tleman from Washington (Mr. HAS- of H.R. 934. spared from the effects of racism. Not surpris- TINGS) each will control 20 minutes. On February 25, 2005, the people of The Chair recognizes the gentle- ingly, both the ensuing reparations for family the Northern Mariana Islands awoke to woman from Guam. members and the shameful trial of these men the news that the Ninth Circuit Court were loaded with racial overtones. GENERAL LEAVE of Appeals had affirmed a lower court The least we can do then is to upgrade the Ms. BORDALLO. Mr. Speaker, I ask ruling stating that the submerged status of the Memorial erected in honor of unanimous consent that all Members lands and the waters above them sur- those killed at Port Chicago to that of a Na- may have 5 legislative days in which to rounding our islands do not belong to tional Park, so that we can direct appropriate revise and extend their remarks and in- us; rather, they are the property of the Federal funds to repair and maintain the Me- clude extraneous material on the bill United States of America. The decision morial. under consideration. came as a shock. In addition, I hope we can take the addi- The SPEAKER pro tempore. Is there For at least 3,500 years, the tional step of exonerating these men and objection to the request of the gentle- Chamorro and Refaluwasch people have expunging their criminal records. In the mean- woman from Guam? lived on these islands and fished and time, let’s honor the fallen of Port Chicago by There was no objection. sailed in the waters around them. supporting H.R. 1044. Ms. BORDALLO. Mr. Speaker, I call Never did we think them not our own, I again thank my colleague, Mr. MILLER, for up for the consideration of the House nor did the people of the Northern Mar- offering this bill. H.R. 934, which is the first bill intro- iana Islands ever believe, in entering Ms. BORDALLO. Mr. Speaker, I duced by our colleague, the gentleman the Covenant of Political Union with again urge Members to support this from the Commonwealth of the North- the United States of America, that we bill, and I yield back the balance of my ern Mariana Islands, Mr. KILILI were relinquishing our rights and title time. SABLAN. I thank the gentleman for to the submerged lands and waters sur- The SPEAKER pro tempore. The bringing the subject matter of this bill rounding us. These lands and waters question is on the motion offered by to our attention. have always been an integral part of

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17679 our existence, essential to our being of the Northern Mariana Islands has This was our stance before the declaration and livelihood and to the sense of who ever introduced in the United States of the monument and it is our stance today. we are; yet the Ninth Circuit ruled oth- Congress. Many promises made by the former Coun- cil on Environmental Quality Chairman erwise. I ask my colleagues to support the James Connaughton in the lead up to cre- In doing so, the Court did, however, measure. I thank the ranking member, ation of the monument have been kept. The ‘‘recognize the importance of the sub- Mr. HASTINGS, also for his support of Commonwealth has received untold amounts merged lands to the culture, history the measure, and I express my hope of positive media exposure. There is a re- and future of the Northern Mariana Is- that this bill giving back to the people newed world-wide interest in exploring the lands,’’ and acknowledged that Con- of the Northern Mariana Islands what depths of the deepest, darkest place on gress, if it chose, could remedy the sit- they always believed to be their own Earth, as evidenced by the recent expedition uation and return these lands to the will be the first bill introduced by their by Woods Hole Oceanographic Institute to the bottom of Challenger Deep, only the people of the Northern Mariana Is- own representative that is enacted into third such expedition in the history of man- lands, and that is what H.R. 934 does. law. kind. The Northern Marianas are also now The bill conveys to the people of the COMMONWEALTH OF THE recognized as the home to one of the most Northern Mariana Islands the sub- NORTHERN MARIANA ISLANDS iconic, recognizable geological features on merged lands surrounding our islands Saipan, MP, July 9, 2009. the planet, adding to the richness of our cul- and extending 3 geographic miles out- Hon. GREGORIO C. SABLAN, ture and heritage. The creation of the monu- ward from their coastlines. The meas- CNMI Delegate to the United States, ment will have everlasting positive effects ure is supported by the elected leader- Washington, DC. on our economy and the health of our marine DEAR CONGRESSMAN SABLAN: We are jointly environment and will help preserve our ship of the Commonwealth of the writing to inform you that we are com- unique culture. It has also brought the Com- Northern Mariana Islands. pletely united in our support for HR 934. We monwealth closer to achieving the goals of I ask to enter into the RECORD this urge you to push for the passage of this leg- the Micronesia Challenge, which seeks to ef- letter jointly signed by Governor islation in order to give the CNMI control fectively conserve 30% of the near shore re- Benigno R. Fitial, Speaker of the over the first three miles of its submerged sources of all the islands in Micronesia. Most House Arnold I. Palacios, and Senate lands. importantly, in the span of just a few President Pete P. Reyes, in which the We support this legislation with a certain months our people have become worldwide three confirmed their support of H.R. understanding of the provisions of H.R. 934 leaders in ocean conservation. Perhaps you that we urge you to include in the Congres- saw the Friends of the Monument on NBC 934. sional record, namely, that H.R. 934 would Nightly News during Earth Week’? I would also like to add to the provide for the following: H.R. 934 will give Sadly, several promises remain unfulfilled. RECORD a second letter of support. This the Commonwealth of the Northern Mariana During his visit to the Commonwealth in Oc- is from the Friends of the Monument, Islands the same ownership rights over the tober 2008, Chairman Connaughton promised an organization that worked for and submerged lands surrounding its islands as the people of the Commonwealth that the successfully achieved the designation are possessed by Guam, the Virgin Islands, designation of the monument would give our of large areas of the waters and lands and American Samoa. This would include the people (1) co-management of the monument, in the Marianas as the Marianas submerged lands around the three northern- (2) a visitors center on Saipan, and (3) con- most islands in the Commonwealth, which trol of the submerged lands from 0–3 miles Trench Marine National Monument. constitute the ‘‘Islands Unit’’ in the Mari- around the 14 islands of the Commonwealth. The Monument is one of the largest anas Trench Marine National Monument es- We remain committed to fulfilling these marine conservation areas in the tablished by Presidential Proclamation on promises, starting with the control of the world, which we share with our neigh- January 6, 2009. After this bill is enacted into submerged lands around all the islands of the bor, Guam, 115,000 square miles, and law, the people of the Commonwealth of the Commonwealth. Just so that we are clear, it protects the world’s deepest ocean, the Northern Mariana Islands will have the op- is our recommendation that ‘‘the state Marianas Trench, 35,813 feet deep. tion of exercising full control over the sub- waters from 0–3 miles surrounding the is- merged lands surrounding these three islands lands of Uracas, Maug, and Asuncion remain It is the understanding of all parties a part of the monument, under the jurisdic- that H.R. 934 gives the Commonwealth or deciding to include those submerged lands within the Monument under co-management tion (and ownership) of the Commonwealth of the Northern Mariana Islands the with the responsible federal agencies. The and co-managed with the rest of the monu- same ownership rights over the sub- Proclamation committed the federal government by the Commonwealth and the Depart- merged land surrounding our islands as ment to providing the Commonwealth with ments of Commerce and Interior.’’ are possessed by Guam, the Virgin Is- this option and H.R. 934 expressly provides Thank you for taking the time to listen to lands and American Samoa. that it does not amend, repeal, or otherwise our concerns. Your staff has been very gra- This conveyance includes the three alter the Proclamation. cious in allowing us time to share our rec- With this understanding of the contents of ommendations and concerns for the Mari- northernmost islands in the Northern anas Trench Marine National Monument. Mariana Islands, which constitute the H.R. 934, we urge you to support H.R. 934 for the benefit of the people of the CNMI. And on a final note, on behalf of the entire ‘‘Island Unit’’ in the Marianas Trench Sincerely, Friends of the Monument organization, Marine National Monument by Presi- BENIGNO R. FITIAL, thank you for the recent Congressional Com- dential proclamation on January 6, Governor. mendation. It is quite an honor to be one of 2009. PETE P. REYES, the first organizations in the Northern Mar- It is also understood that after this Senate President. iana Islands to be so recognized by the ARNOLD I. PALACIOS, United States Congress. bill is enacted into law, the people of Thank you and I look forward to your Speaker of the House. the Commonwealth of the Northern reply, Mariana Islands will have the option of IGNACIO V. CABRERA, FRIENDS OF THE MONUMENT, Chairman, Friends of the Monument. exercising full control over the sub- Saipan, MP, June 23, 2009. merged lands surrounding these three Re Marianas Trench Marine National Monu- Mr. HASTINGS of Washington. Mr. islands, or deciding to include those ment. Speaker, I yield 1 minute to the gen- submerged lands within the Monument Representative GREG CAMACHO SABLAN, tleman from Arizona (Mr. FLAKE). under comanagement with responsible House of Representatives, Mr. FLAKE. I just want to welcome Federal agencies. Washington, DC. the gentleman from the Northern Mari- The proclamation committed the HAFA ADAI DELEGATE SABLAN, This letter anas to this Chamber, and it’s great to Federal Government to providing the is a follow-up to the letter we sent you dated have him here. This is something that Commonwealth with this option, and April 17, 2009. In that letter we requested for we have wanted for a long time, to H.R. 934 expressly provides that it does ‘‘the state waters from 0–3 miles surrounding have this territory represented here in not amend, repeal or otherwise alter the islands of Uracas, Maug, and Asuncion (to) remain a part of the monument, under the U.S. Congress. the proclamation and the commit- the jurisdiction (and ownership) of the Com- This is a good bill. It’s a bill that ments attached to it. monwealth and co-managed with the rest of some of us have worked on for years to Mr. Speaker, H.R. 934 is the very first the monument by the Commonwealth and ensure that the submerged lands are bill that a representative of the people the Departments of Commerce and Interior.’’ where they belong, that the ownership

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17680 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 is there, and that the rights that ac- what’s going on here and will rise up, session of lands above sea level that do not crue to that attain to the Northern call their Congressman, call their two belong to the Commonwealth. Additionally, it Marianas. U.S. Senators and say ‘‘no’’ to this does not circumvent any actions that may be So I just stand in support of this leg- health care bill that’s being introduced taken or regulations that have been put forth islation. Again, welcome, the gen- today. ‘‘No’’ to the tax and cap, so- by U.S. naval authorities regarding these sub- tleman from the Northern Marianas. called cap-and-trade bill that’s nothing merged lands. We’re glad he’s here in Congress where but a revenue bill that’s not about the It is apparent that H.R. 934 serves to benefit he belongs. environment. Say ‘‘no’’ to that. ‘‘No’’ the Commonwealth of the Northern Marina Is- Ms. BORDALLO. Mr. Speaker, I have to this continued tsunami of spending lands and will not be detrimental to the United no additional requests for time, and re- that’s going on here. States. For these reasons, I urge my col- serve the balance of my time. We’ve got a spending addiction here leagues to pass H.R. 934. Again, I thank my Mr. HASTINGS of Washington. I in Congress. I’m an addictionologist. colleagues for their support of this legislation. have one additional speaker. I yield 3 I’ve practiced addiction medicine in Ms. BORDALLO. Mr. Speaker, I minutes to the gentleman from Geor- my family practice. In addiction medi- again urge Members to support this gia (Mr. BROUN). cine, we say where there is not denial bill, and I yield back the balance of my Mr. BROUN of Georgia. Mr. Speaker, there is not an addiction. Congress has time. I thank the gentleman, my good friend, an addiction, a spending addiction, and The SPEAKER pro tempore. The Mr. HASTINGS, for yielding some time they are denying it. We are denying it, question is on the motion offered by on this issue, and I greatly appreciate and the spending has to stop. the gentlewoman from Guam (Ms. the people of the Mariana Islands want- Ms. BORDALLO. Mr. Speaker, I have BORDALLO) that the House suspend the ing to control their own property. And no additional requests for time and rules and pass the bill, H.R. 934, as I congratulate them on the introduc- would inquire of the minority whether amended. tion of this legislation, and I certainly they have any additional speakers. The question was taken. support it. And I think it’s very laud- Mr. HASTINGS of Washington. Mr. The SPEAKER pro tempore. In the able that we are bringing this forward, Speaker, if the gentlewoman is the last opinion of the Chair, two-thirds being and I very much support it. speaker, I yield back the balance of my in the affirmative, the ayes have it. I think States and territories should Mr. BROUN of Georgia. Mr. Speaker, time. control their own property. We have on that I demand the yeas and nays. too much Federal control of State Mr. FALEOMAVAEGA. Mr. Speaker, I rise The yeas and nays were ordered. property and Federal property, and I today in strong support of H.R. 934, recog- The SPEAKER pro tempore. Pursu- am glad to see this legislation. And I nizing the Commonwealth of the Northern ant to clause 8 of rule XX and the congratulate you and my friends on the Mariana Islands’ (CNMIs’) ownership of sub- Chair’s prior announcement, further other side for bringing this forward. merged lands lying three geographical miles proceedings on this motion will be I am also concerned about the sub- outside of mainland coastlines. postponed. First and foremost, I want to commend my mersion though of the American tax- f payer in just a sea of debt. We have good friend, Congressman SABLAN of the created more debt in this Congress, Commonwealth of the Northern Mariana Is- VALIDATING NEVADA LANDS this administration has proposed more lands, for taking the initiative to introduce this TRANSFER debt over the next 5 years than has important legislation. This bill is an example of Ms. BORDALLO. Mr. Speaker, I move been created by every single Presi- the continued efforts by the Congress to sup- to suspend the rules and pass the bill dency since George Washington all the port the Territories. (H.R. 762) to validate final patent num- way through George W. Bush. And the H.R. 934 seeks to officially award the Com- ber 27–2005–0081, and for other purposes. American people are drowning in a sea monwealth of the Northern Mariana Islands The Clerk read the title of the bill. of debt, and we are creating more and submerged lands that are located three geo- The text of the bill is as follows: more debt for those people. We are rob- graphical miles outside of mainland coastlines. H.R. 762 bing our children and our grand- Submerged lands qualify as lands perma- Be it enacted by the Senate and House of Rep- children of their future. The American nently or periodically covered by tidal waters resentatives of the United States of America in people are going to live at a lower up to, but not above, the line of high tide. Congress assembled, American Samoa, Guam, and the Virgin Is- SECTION 1. FINAL PATENT AND LAND RECONFIG- standard than we live today because of URATION IN CLARK COUNTY AND the debt that we are creating, and I am lands were granted ownership over our own LINCOLN COUNTY, NEVADA. very concerned about that. respective submerged lands by the 93rd ses- Patent No. 27–2005–0081 and its associated We have got to stop the spending. It’s sion of the Congress, before the Common- land reconfiguration issued by the Bureau of egregious. It’s absolutely outrageous wealth of the Northern Mariana Islands be- Land Management on February 18, 2005, is the amount of money that’s being came a territory of the United States. The hereby affirmed and validated as having been spent by this Congress. And we see bill CNMI wishes to be afforded the same oppor- issued pursuant to and in compliance with after bill, a nonstimulus bill, an omni- tunities granted to the other territories by hav- the provisions of the Nevada-Florida Land ing these submerged lands officially recog- Exchange Authorization Act of 1988 (Public bus bill, a Wall Street bailout that our Law 100–275), the National Environmental previous administration brought to us nized as a part of their Territory. Policy Act of 1969, and the Federal Land Pol- and that this Congress and this admin- Mr. Speaker, by allowing these submerged icy Management Act of 1976 for the benefit of istration continued and spent the other lands to be recognized, they will fall under the the desert tortoise and other species and half. jurisdiction of the Commonwealth of the North- their habitat to increase the likelihood of We have a health care bill that’s ern Mariana Islands, as opposed to that of the their recovery. The process utilized by the being introduced just today that is U.S. Seeing as the submerged lands are lo- United States Fish and Wildlife Service and going to create more debt, and it’s cated so closely to the mainland, having them the Bureau of Land Management in reconfig- going to destroy the health care sys- fall within the jurisdiction of the CNMI will uring the lands as shown on Exhibit 1–4 of the Final Environmental Impact Statement tem and put a Washington bureaucrat allow for sufficient justice to be served. Com- for the Planned Development Project between patients and their doctor. And monwealth citizens and officials, instead of of- MSHCP, Lincoln County, NV (FWS–R8–ES– Washington bureaucrats are going to ficials residing thousands of miles away, will 2008–N0136) and the reconfiguration provided be making health care decisions for be implementing and enforcing laws that apply for in Special Condition 10 of Army Corps of their patients. And the American peo- to their population. Engineers Permit No. 200125042 are hereby ple need to stand up and say ‘‘no.’’ It’s The U.S. government will still have claim ratified. going to overwhelm them, a tremen- over gas, oil, and other mineral deposits that The SPEAKER pro tempore. Pursu- dous sea of debt that’s being created by may be possibly found on these lands. It ant to the rule, the gentlewoman from this Congress, and it has to stop. should be noted that H.R. 934 applies solely Guam (Ms. BORDALLO) and the gen- And, Mr. Speaker, I just hope that to those lands that are submerged; the U.S. tleman from Washington (Mr. HAS- the American people will understand government will still have full control and pos- TINGS) each will control 20 minutes.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17681 The Chair recognizes the gentle- utes to the gentleman from Georgia Mr. HASTINGS of Washington. I woman from Guam. (Mr. KINGSTON). yield the gentleman an additional Mr. KINGSTON. I thank the gen- b 1445 minute. tleman for yielding. Mr. KINGSTON. I thank the gen- GENERAL LEAVE Mr. Speaker, I rise today alarmed at tleman. Ms. BORDALLO. Mr. Speaker, I ask the spending that is going on in Wash- The word ‘‘accountability’’ attracts unanimous consent that all Members ington, D.C. More specifically, I want my attention because the stimulus ac- may have 5 legislative days in which to to talk about the President’s ignoring countability czar spent $18 million de- revise and extend their remarks and to article II, section 2 of the U.S. Con- signing a Web page. A show of hands of include extraneous material on the bill stitution that says, when you appoint how many of you want some of that ac- under consideration. somebody in a significant role who is tion. Eighteen million dollars to design The SPEAKER pro tempore. Is there part of your administration, you need a Web page? Talk about stimulating objection to the request of the gentle- to have the advice and consent of the the economy. Boy, that was one way to woman from Guam? U.S. Senate. Irrespective of this, Presi- spend our money. Again, the advice There was no objection. dent Obama has named 33 czars outside and consent of the U.S. Senate, article Ms. BORDALLO. I yield myself such of the traditional infrastructure of II, section 2, may have avoided that time as I may consume. Washington. type of expenditure. Mr. Speaker, H.R. 762, introduced by Now, in its day, czarist Russia had 18 What do these people get paid, Mr. Congressman DEAN HELLER, would vali- czars over a 300-year period of time, Speaker? $172,000 a year. Thirty-three date the final patent to lands in Clark but here, in a 7-month period of time, people times $172,000—not to mention and Lincoln Counties in Nevada. Con- President Obama now has 33 czars. I the myriad of staffs and entourages gresswoman SHELLEY BERKLEY has also guess his vision is a czarist America. that we important people in Wash- worked to advance this bill. I’m not sure. We have a Great Lakes ington, D.C., have to go everywhere In 2005, the Bureau of Land Manage- czar, a regulatory czar, an automobile with. You never see somebody just ment issued a final patent to recon- czar, a Guantanamo closure czar, a walking in by him or herself. You al- figure certain leased and patented TARP czar, a new TARP czar, all kinds ways see the entourage that tells the lands slated for development. This ad- of different czars, none of whom have whole world ‘‘I am important.’’ There- justment was intended to provide habi- gone in front of the U.S. Senate. fore, I get back to the constitutional tat for the conservation of the endan- Now, why is going in front of the U.S. question: gered desert tortoise. Senate important aside from the con- If you are important, and if you have However, several groups objected to stitutional requirement? to have this big staff that costs the the process that the BLM used to ad- Well, for one thing, you get an auto- taxpayers millions of dollars, why not just these lands, claiming that it failed mobile czar who has got some shady comply with the U.S. Constitution’s ar- to comply with Federal law and that it business dealings—a 31-year-old who ticle II, section 2: advice and consent of failed to provide appropriate habitat doesn’t know a spark plug from a lug the U.S. Senate? for the tortoise. The group sued the nut. Why do you think this person Ms. BORDALLO. Mr. Speaker, I have BLM and the property owners. could turn around Detroit? Well, we no additional requests for time and In 2007, the parties agreed to settle found out now he’s on his way out the would inquire of the minority whether the lawsuit. H.R. 762 will implement door ignominiously. Maybe that em- they have any additional speakers. one of several settlement stipulations barrassment to the administration Mr. HASTINGS of Washington. Mr. by validating the final patent to the could have been prevented had this 31- Speaker, I have no more time or people reconfigured land. All parties to the year-old boy genius auto czar had to sit asking for time. If the gentlewoman is litigation support this legislation. in front of the Senate as do judicial ap- the last speaker on that side, Mr. In addition to Congressman HELLER, pointees and cabinet appointees. Speaker, I yield back the balance of I think a lot of people think, well, I would like to highly commend Con- my time. gresswoman SHELLEY BERKLEY for her yeah, the Senate approves Cabinet Ms. BORDALLO. Mr. Speaker, I leadership and tireless efforts in get- members, but they also approve deputy again urge all Members to support this ting this bill to the floor today. under secretaries. Hundreds and even very good bill. Mr. Speaker, we support H.R. 762, and thousands of people have to come be- I yield back the balance of my time. urge its adoption by the House today. fore the U.S. Senate for the constitu- The SPEAKER pro tempore. The I reserve the balance of my time. tional requirement. The Constitution question is on the motion offered by Mr. HASTINGS of Washington. I can be inconvenient to this administra- the gentlewoman from Guam (Ms. yield myself as much time as I might tion—I realize that—but again, article BORDALLO) that the House suspend the consume. II, section 2 says you must seek the ad- rules and pass the bill, H.R. 762. Mr. Speaker, I, too, rise in support of vice and consent of the U.S. Senate. The question was taken. H.R. 762. H.R. 762 will validate an exist- How about the energy czar? The en- The SPEAKER pro tempore. In the ing patent for land in addition to the ergy czar is a member of some wacko opinion of the Chair, two-thirds being associated land configurations located socialist group who believes the way to in the affirmative, the ayes have it. in Clark and Lincoln Counties in Ne- deal with global warming is for large Mr. BROUN of Georgia. Mr. Speaker, vada. This action best enables the re- industrial countries—i.e., the United on that I demand the yeas and nays. covery of the threatened desert tor- States of America, and this would be The yeas and nays were ordered. toise and other species and their habi- non-czarist America—to shrink their The SPEAKER pro tempore. Pursu- tats. economies in order to offset their emis- ant to clause 8 of rule XX and the I, too, would like to congratulate Mr. sions. That’s the belief of the group Chair’s prior announcement, further HELLER of Nevada for bringing this that the energy czar belongs to. proceedings on this motion will be issue to our attention and for moving Wouldn’t it be interesting to talk to postponed. quickly to resolve this on behalf of his the energy czar and ask her why she f constituents. thinks this is a good group to be a Mr. Speaker, I reserve the balance of member of? What would the socialist PROVIDING FOR SALE OF FED- my time. group have to offer to the United ERAL INTEREST IN SALT LAKE Ms. BORDALLO. Mr. Speaker, I have States of America at this point? CITY LAND no additional requests for time, and Perhaps the Senate would like to Ms. BORDALLO. Mr. Speaker, I move would inquire of the minority whether talk to the stimulus accountability to suspend the rules and pass the bill they have any additional speakers. czar. (H.R. 1442) to provide for the sale of the Mr. HASTINGS of Washington. Mr. The SPEAKER pro tempore. The Federal Government’s reversionary in- Speaker, I am pleased to yield 3 min- time of the gentleman has expired. terest in approximately 60 acres of land

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17682 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 in Salt Lake City, Utah, originally The SPEAKER pro tempore. Is there in terms of its endowment. It has fig- conveyed to the Mount Olivet Ceme- objection to the request of the gentle- ured and has looked at choices for how tery Association under the Act of Jan- woman from Guam? it could maintain itself and create uary 23, 1909, as amended. There was no objection. greater financial viability. The notion The Clerk read the title of the bill. Ms. BORDALLO. I yield myself such of selling off a piece of the land that’s The text of the bill is as follows: time as I may consume. undeveloped will ensure the integrity H.R. 1442 Mr. Speaker, I am pleased to bring to of the cemetery for the future. If, in Be it enacted by the Senate and House of Rep- the House for its consideration this fact, this cemetery were to go bank- resentatives of the United States of America in legislation sponsored by the gentleman rupt and if this nonprofit couldn’t con- Congress assembled, from Utah, Representative JIM MATHE- tinue to maintain it, the land would re- SECTION 1. CONVEYANCE OF FEDERAL REVER- SON. vert back to the Federal Government. I SIONARY INTEREST, MT. OLIVET In 1909, Congress authorized the do not think the Bureau of Land Man- CEMETERY, SALT LAKE CITY, UTAH. transfer of 60 acres of Federal land in agement wants to be in the business of (a) CONVEYANCE REQUIRED.—If, within one year after the completion of the appraisal re- Salt Lake City, Utah, to the Mount owning and operating a cemetery in quired by subsection (c), the Mount Olivet Cem- Olivet Cemetery Association for use as Salt Lake City, Utah. etery Association of Salt Lake City, Utah (in a public cemetery. The legislation con- So here we have a situation that is this section referred to as the ‘‘Association’’), tained a reversionary clause to the based on legislation that occurred 100 submits to the Secretary of the Interior an offer Federal Government if the land were years ago, and today, we’re making a to acquire the Federal reversionary interest in not used for the purpose of a cemetery. substantive solution to a problem that all of the approximately 60 acres of land in Salt Today, in order to raise revenue to has developed since, and there is no Lake City, Utah, conveyed to the Association operate the cemetery, the Mount Oli- under the Act of January 23, 1909 (chapter 37, 35 harm to the taxpayer. This is a com- Stat. 589), the Secretary shall convey to the As- vet Cemetery Association hopes to sell monsense bill, but I’ve got to tell you sociation such reversionary interest in the lands 13 undeveloped acres of this parcel to something: while it sounds simple, it covered by the offer. The Secretary shall com- an adjacent school, and it has re- wasn’t simple, and I really want to plete the conveyance not later than 30 days quested that the Federal Government commend the Resources Committee after the date of the offer. relinquish its reversionary interest. staff for being so helpful in working (b) SURVEY.—Not later than 90 days after the This noncontroversial bill, which was through this issue to find the right way date of the enactment of this Act, the Secretary favorably reported out of the Natural to get it done. It may have passed the shall complete a survey of the lands described in Resources Committee by unanimous subsection (a) to determine the precise bound- committee by unanimous consent, but aries and acreage of the lands subject to the consent, authorizes the conveyance of that does not mean it did not take a Federal reversionary interest. the reversionary interest to the asso- lot of work and effort to make the (c) APPRAISAL.—Not later than 180 days after ciation in exchange for appropriate right decision. So I want to thank the the date of enactment of this Act, the Secretary consideration based upon a survey and committee staff so much. I want to shall complete an appraisal of the Federal rever- appraisal of the property. thank Chairman RAHALL and Sub- sionary interest in the lands identified by the Mr. Speaker, Congressman MATHESON committee Chairman GRIJALVA. survey in subsection (b). The appraisal shall be has worked diligently on behalf of this I encourage the passage of this bill. completed in accordance with the ‘‘Uniform Ap- legislation. The administration sup- Mr. BROWN of South Carolina. Mr. praisal Standards for Federal Land Acquisi- tions’’ and the ‘‘Uniform Standards of Profes- ports the bill, and I ask my colleagues Speaker, I continue to reserve the bal- sional Appraisal Practice’’. to support its passage as well. ance of my time. (d) CONSIDERATION.—As consideration for the I reserve the balance of my time. Ms. BORDALLO. Mr. Speaker, I have conveyance of the Federal reversionary interest Mr. BROWN of South Carolina. I no additional requests for time, and under subsection (a), the Association shall pay yield myself such time as I may con- would inquire of the minority whether to the Secretary an amount equal to the ap- sume. they have any additional speakers. praised value of the Federal interest, as deter- Mr. Speaker, 100 years ago, a parcel Mr. BROWN of South Carolina. Mr. mined under subsection (c). The consideration of Federal land in Salt Lake City was Speaker, I yield back the balance of shall be paid not later than 30 days after the date the conveyance is made. conveyed to the Mount Olivet Ceme- my time. (e) COSTS OF CONVEYANCE.—As a condition of tery Association. H.R. 1442 directs the Ms. BORDALLO. Mr. Speaker, I the conveyance under subsection (a), all costs Secretary to accept an offer from the again urge Members to support this associated with the conveyance under sub- association to purchase certain rever- bill. section (a), including the cost of the survey re- sionary interests in 60 of those acres. I yield back the balance of my time. quired by subsection (b) and the appraisal re- The bill requires the sale to be accom- The SPEAKER pro tempore. The quired by subsection (c), shall be paid by the As- plished at no cost to the taxpayer and question is on the motion offered by sociation. for the appraised value of the rights. the gentlewoman from Guam (Ms. (f) DEPOSIT AND USE OF PROCEEDS.—The Sec- BORDALLO) that the House suspend the retary shall deposit the proceeds from the con- I support the bill because it reduces, veyance under subsection (a) in the Federal although only by 60 acres, excessive rules and pass the bill, H.R. 1442, as Land Disposal Account established by section Federal land holdings at a time when amended. 206 of the Federal Land Transaction Facilita- the Department of Interior is facing a The question was taken. tion Act (43 U.S.C. 2305). The proceeds so depos- multibillion-dollar maintenance back- The SPEAKER pro tempore. In the ited shall be available to the Secretary for ex- log for the lands it already owns. opinion of the Chair, two-thirds being penditure in accordance with subsection (c) of I reserve the balance of my time. in the affirmative, the ayes have it. such section. Ms. BORDALLO. Mr. Speaker, I yield Mr. BROUN of Georgia. Mr. Speaker, The SPEAKER pro tempore. Pursu- to the gentleman from Utah (Mr. on that I demand the yeas and nays. ant to the rule, the gentlewoman from MATHESON) such time as he may con- The yeas and nays were ordered. Guam (Ms. BORDALLO) and the gen- sume. The SPEAKER pro tempore. Pursu- tleman from South Carolina (Mr. Mr. MATHESON. Well, first, I thank ant to clause 8 of rule XX and the BROWN) each will control 20 minutes. my colleague from Guam for recog- Chair’s prior announcement, further The Chair recognizes the gentle- nizing me. proceedings on this motion will be woman from Guam. I am pleased to rise in support of this postponed. GENERAL LEAVE bill. You have heard the description of f Ms. BORDALLO. Mr. Speaker, I ask the bill, and if I could, I will just brief- b 1500 unanimous consent that all Members ly point out what the repercussions are may have 5 legislative days in which to if we don’t move this legislation. JOINT VENTURES FOR BIRD HABI- revise and extend their remarks and to This cemetery is a nonprofit entity. TAT CONSERVATION ACT OF 2009 include extraneous material on the bill It has been around for about 100 years. Ms. BORDALLO. Mr. Speaker, I move under consideration. It is suffering some financial distress to suspend the rules and pass the bill

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17683 (H.R. 2188) to authorize the Secretary (10) since the adoption of the North American (B) are conducted on lands or waters that— of the Interior, through the United Waterfowl Management Plan, joint ventures (i) are administered for the long-term con- States Fish and Wildlife Service, to have expanded their application to all native servation of such lands or waters and the migratory birds thereon, including the marine envi- conduct a Joint Venture Program to birds and other wildlife species that depend on wetlands and associated upland habitats, re- ronment; or protect, restore, enhance, and manage sulting in significant conservation benefits over (ii) are not primarily held or managed for con- migratory bird populations, their habi- the last twenty years; servation but provide habitat value for migra- tats, and the ecosystems they rely on, (11) States possess broad trustee and manage- tory birds; and through voluntary actions on public ment authority over fish and wildlife resources (C) incorporate adaptive management and and private lands, and for other pur- within their borders, and have utilized their au- science-based monitoring, where applicable, to poses, as amended. thorities to undertake conservation programs to improve outcomes and ensure efficient and ef- The Clerk read the title of the bill. conserve resident and migratory birds and their fective use of Federal funds. The text of the bill is as follows: habitats; (2) DIRECTOR.—The term ‘‘Director’’ means (12) consistent with applicable Federal and the Director of the United States Fish and Wild- H.R. 2188 State laws, the Federal Government and the life Service. Be it enacted by the Senate and House of Rep- States each have management responsibilities (3) IMPLEMENTATION PLAN.—The term ‘‘Imple- resentatives of the United States of America in affecting fish and wildlife resources, and should mentation Plan’’ means an Implementation Congress assembled, work cooperatively in fulfilling these respon- Plan approved by the Director under section 5. SECTION 1. SHORT TITLES. sibilities; (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ This Act may be cited as the ‘‘Joint Ventures (13) other domestic and international con- has the meaning given that term in section 4 of for Bird Habitat Conservation Act of 2009’’. servation projects authorized under the the Indian Self-Determination and Education SEC. 2. FINDINGS AND PURPOSE. Neotropical Migratory Bird Conservation Act Assistance Act (25 U.S.C. 450b). (a) FINDINGS.—Congress finds that— (16 U.S.C. 6101 et seq.) and the North American (5) JOINT VENTURE.—The term ‘‘Joint Ven- (1) migratory birds are of great ecological and Wetlands Conservation Act (16 U.S.C. 4401 et ture’’ means a self-directed, voluntary partner- economic value to the Nation, contributing to bi- seq.), and additional bird conservation projects ship, established and conducted in accordance ological diversity, advancing the well-being of authorized under other Federal authorities, can with section 5. human communities through pollination, seed expand and increase the effectiveness of the (6) MANAGEMENT BOARD.—The term ‘‘Manage- dispersal, and other ecosystem services, and joint ventures in protecting and enhancing mi- ment Board’’ means a Joint Venture Manage- bringing tremendous enjoyment to the tens of gratory bird habitats throughout the different ment Board established in accordance with sec- millions of Americans who study, watch, feed, ranges of species native to the United States; tion 5. or hunt these birds; and (7) MIGRATORY BIRDS.—The term ‘‘migratory (2) sustainable populations of migratory birds (14) the voluntary partnerships fostered by birds’’ means those species included in the list of depend on the conservation, protection, restora- these joint ventures have served as innovative migratory birds that appears in section 10.13 of tion, and enhancement of terrestrial, wetland, models for cooperative and effective landscape title 50, Code of Federal Regulations, under the marine, and other aquatic habitats throughout conservation, with far-reaching benefits to other authority of the Migratory Bird Treaty Act. (8) PROGRAM.—The term ‘‘Program’’ means their ranges in the United States, as well as the fish and wildlife populations, and similar joint the Joint Ventures Program conducted in ac- rest of North America, the Caribbean, and Cen- ventures should be authorized specifically to re- cordance with this Act. tral and South America; inforce the importance and multiple benefits of (9) SECRETARY.—The term ‘‘Secretary’’ means (3) birds are good indicators of environmental these models to encourage adaptive resource the Secretary of the Interior. health and provide early warning of the impacts management and the implementation of flexible (10) SERVICE.—The term ‘‘Service’’ means the of environmental change, helping to yield the conservation strategies in the 21st century. most out of every dollar invested in conserva- United States Fish and Wildlife Service. (b) PURPOSE.—The purpose of this Act is to es- (11) STATE.—The term ‘‘State’’ means— tion; tablish a program administered by the Director, (4) human and environmental stressors are (A) any State of the United States, the Dis- in coordination with other Federal agencies causing the decline of populations of many mi- trict of Columbia, the Commonwealth of Puerto with management authority over fish and wild- gratory bird species, many of them once com- Rico, Guam, the Virgin Islands, American life resources and the States, to develop, imple- mon, and climate change will exacerbate the im- Samoa, and the Commonwealth of the Northern ment, and support innovative, voluntary, coop- pacts of these stressors on migratory bird popu- Mariana Islands; and erative, and effective conservation strategies lations; (B) one or more agencies of a State govern- (5) the coordination of Federal, State, tribal, and conservation actions to— ment responsible under State law for managing (1) promote, primarily, sustainable popu- and local government natural resource con- fish or wildlife resources. lations of migratory birds, and, secondarily, the servation efforts and the formation of partner- SEC. 4. JOINT VENTURES PROGRAM. fish and wildlife species associated with their ships that include a diversity of nongovern- (a) IN GENERAL.—The Secretary shall con- habitats; mental conservation organizations, private duct, through the United States Fish and Wild- (2) encourage stakeholder and government landowners, and other relevant stakeholders is life Service, a Joint Ventures Program adminis- partnerships consistent with the goals of pro- necessary to accomplish the conservation of mi- tered by the Director. The Director, through the tecting, improving, and restoring habitat; gratory bird populations, their habitats, and the Program, shall develop an administrative frame- (3) establish, implement, and improve science- ecosystem functions they rely on; work for the approval and establishment and based migratory bird conservation plans and (6) hunters, through their purchase of Federal implementation of Joint Ventures, that— promote and facilitate broader landscape-level migratory bird hunting stamps and State hunt- (1) provides financial and technical assistance conservation of fish and wildlife habitat; and ing licenses, have long supported the conserva- to support regional migratory bird conservation (4) coordinate related conservation activities tion of migratory birds and their habitats in the partnerships; of the Service and other Federal agencies to United States through the various State and (2) develops and implements plans to protect maximize the efficient and effective use of funds Federal programs that are supported by the fees and enhance migratory bird populations appropriated or otherwise made available to charged for such purchases; throughout their range, that are focused on re- support projects and activities to enhance bird (7) the Department of the Interior, through gional landscapes and habitats that support populations and other populations of fish and the United States Fish and Wildlife Service, is those populations; authorized under a number of broad statutes to wildlife and their habitats. (3) complements and supports activities by the undertake many activities with partners to con- SEC. 3. DEFINITIONS. Secretary and the Director to fulfill obligations serve natural resources, including migratory In this Act: under— birds and their habitat; (1) CONSERVATION ACTION.—The term ‘‘con- (A) the Migratory Bird Treaty Act (16 U.S.C. (8) through these authorities, the Service has servation action’’ means activities that— 701 et seq.); created and supported a number of joint ven- (A) support the protection, restoration, adapt- (B) the Migratory Bird Conservation Act (16 tures with diverse partners to help protect, man- ive management, conservation, or enhancement U.S.C. 715 et seq.); age, enhance, and restore migratory bird habitat of migratory bird populations, their terrestrial, (C) the Neotropical Migratory Bird Conserva- throughout much of the United States and to wetland, marine, or other habitats, and other tion Act (16 U.S.C. 6101 et seq.); conserve migratory bird species; wildlife species supported by those habitats, in- (D) the North American Wetlands Conserva- (9) the North American Waterfowl Manage- cluding— tion Act (16 U.S.C. 4401 et seq.); ment Plan, adopted by the United States and (i) biological and geospatial planning; (E) the Fish and Wildlife Conservation Act of Canada in 1986, with Mexico joining as a signa- (ii) landscape and conservation design; 1980 (16 U.S.C. 2901 et seq.); and tory in 1994, was the first truly landscape-level (iii) habitat protection, enhancement, and res- (F) the Partners for Fish and Wildlife Act (16 approach to conserving migratory game birds toration; U.S.C. 3771 et seq.); and and the wetland habitats on which they depend, (iv) monitoring and tracking; (4) support the goals and objectives of— and became the foundation for the voluntary (v) applied research; and (A) the North American Waterfowl Manage- formation of Joint Ventures; (vi) public outreach and education; ment Plan;

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 6333 E:\BR09\H14JY9.000 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17684 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009

(B) the United States Shorebird Conservation (B) ADMINISTRATION.—Subject to applicable (B) ensure that such plan is circulated for re- Plan; Federal and State law, the Management Board view for a period not to exceed 90 days, to— (C) the North American Waterbird Conserva- shall manage the personnel and operations of (i) bureaus within the Service and other ap- tion Plan; the Joint Venture, including— propriate bureaus or agencies within the De- (D) the Partners in Flight North American (i) by appointing a coordinator for the Joint partment of the Interior; Landbird Conservation Plan; and Venture in consultation with the Director, to (ii) appropriate regional migratory bird (E) other treaties, conventions, agreements, or manage the daily and long-term operations of Flyway Councils; strategies entered into by the United States and the Joint Venture; (iii) national and international boards that implemented by the Secretary that promote the (ii) approval of other full- or part-time admin- oversee bird conservation initiatives under the conservation of migratory bird populations and istrative and technical non-Federal employees plans specified in section 4(a)(4); their habitats. as the Management Board determines necessary (iv) relevant State agencies, regional govern- (b) GUIDELINES.—Within 180 days after the to perform the functions of the Joint Venture, mental entities, and Indian tribes; date of enactment of this Act the Secretary, meet objectives specified in the Implementation (v) nongovernmental conservation organiza- through the Director, shall publish in the Fed- Plan, and fulfill the purpose of this Act; and tions, academic institutions, or other stake- eral Register guidelines for the implementation (iii) establishment of committees, steering holders engaged in existing Joint Ventures that of this Act, including regarding requirements for groups, focus groups, geographic or taxonomic have knowledge or expertise of the geographic approval of proposed Joint Ventures and admin- groups, or other organizational entities to assist or ecological scope of the Joint Venture; and istration, oversight, coordination among, and in implementing the relevant Implementation (vi) other relevant stakeholders considered evaluation of approved Joint Ventures. Plan. necessary by the Director to ensure a com- (4) USE OF SERVICE AND FEDERAL AGENCY EM- (c) COORDINATION WITH STATES.—In the ad- prehensive review of the proposed Implementa- PLOYEES.—Subject to the availability of appro- ministration of the program authorized under tion Plan. priations and upon the request from a Manage- this section, the Director shall coordinate and (3) APPROVAL.—The Director shall approve an ment Board, and after consultation with and cooperate with the States to fulfill the purposes Implementation Plan submitted by the Manage- approval of the Director, the head of any Fed- of this Act. ment Board for a Joint Venture if the Director eral agency may detail to the Management finds that— SEC. 5. JOINT VENTURE ESTABLISHMENT AND Board, on a reimbursable or nonreimbursable (A) the plan provides for implementation of ADMINISTRATION. basis, any agency personnel to assist the Joint conservation actions to conserve waterfowl and (a) ESTABLISHMENT.— Venture in performing its functions under this other native migratory birds and their habitats (1) IN GENERAL.—The Director, through the Act. and ecosystems either— Program, may enter into an agreement with eli- (c) IMPLEMENTATION PLAN.— gible partners described in paragraph (2) to es- (1) SUBMISSION OF PLAN TO DIRECTOR.—Before (i) in a specific geographic area of the United tablish a Joint Venture to fulfill one or more of the Director enters into an agreement to estab- States; or the purposes set forth in paragraphs (1) through lish a Joint Venture under subsection (a), the (ii) across the range of a specific species or (3) of section 2(b). Management Board for the Joint Venture shall similar group of like species; (2) ELIGIBLE PARTNERS.—The eligible partners submit to the Director a proposed Implementa- (B) the members of the Joint Venture— referred to in paragraph (1) are the following: tion Plan that shall contain, at a minimum, the (i) accept the responsibility for implementa- (A) Federal and State agencies with jurisdic- following elements: tion of national or international bird conservation over migratory bird resources, their habi- (A) A strategic framework for migratory bird tion plans in the region of the United States to tats, or that implement program activities that conservation that includes biological planning; which the plan applies; and affect migratory bird habitats or the ecosystems conservation design; habitat restoration, protec- (ii) have demonstrated to the satisfaction of they rely on. tion, and enhancement; applied research; and the Director the capacity to implement conserva- (B) Affected regional, local, and tribal govern- monitoring and evaluation activities. tion actions identified in the plan, including (I) ments, private landowners, land managers, and (B) Provisions for effective communication the design, funding, monitoring, and tracking of other private stakeholders. among member participants within the Joint conservation projects that advance the objec- (C) Nongovernmental organizations with ex- Venture. tives of the Joint Venture; and (II) reporting pertise in bird conservation or fish and wildlife (C) A long-term strategy to conduct public and conduct of public outreach regarding such conservation or natural resource and landscape outreach and education regarding the purposes projects; and management generally. and activities of the Joint Venture and activities (C) the plan maximizes, to the extent prac- (D) Other relevant stakeholders. to regularly communicate to the general public ticable, coordination with other relevant and (b) MANAGEMENT BOARD.— information generated by the Joint Venture. active conservation plans or programs within (1) IN GENERAL.—An agreement under this sec- (D) Coordination with laws and conservation the geographic scope of the Joint Venture to tion for a Joint Venture shall establish a Man- plans referred to in section 4(a)(3) and (4) that conserve, protect, recover, or restore migratory agement Board in accordance with this sub- are relevant to migratory birds, and other rel- bird habitats and other fish and wildlife habitat section. evant regional, national, or international initia- within the operating region of the Joint Ven- (2) MEMBERSHIP.—The Management Board tives identified by the Director to conserve mi- ture. shall include a diversity of members rep- gratory birds, their habitats, ecological func- SEC. 6. GRANTS AND OTHER ASSISTANCE. resenting stakeholder interests from the appro- tions, and associated populations of fish and (a) IN GENERAL.—Except as provided in sub- priate geographic region, including, as appro- wildlife. section (b), and subject to the availability of ap- priate, representatives from the Service and (E) An organizational plan that— propriations, the Director may award grants of (i) identifies the initial membership of the other Federal agencies that have management financial assistance to implement a Joint Ven- Management Board and establishes procedures authority over fish and wildlife resources on ture through— public lands or in the marine environment, or for updating the membership of the Manage- (1) support of the activities of the Manage- that implement programs that affect migratory ment Board as appropriate; ment Board of the Joint Venture and to pay for (ii) describes the organizational structure of bird habitats, and representatives from the necessary administrative costs and services, per- the Joint Venture, including proposed commit- States, and may include— sonnel, and meetings, travel, and other business tees and subcommittees, and procedures for re- (A) regional governments and Indian tribes; activities; and vising and updating the structure, as necessary; (B) academia or the scientific community; (2) support for specific conservation actions and (C) nongovernmental landowners or land (iii) provides a strategy to increase stake- and other activities necessary to carry out the managers; holder participation or membership in the Joint Implementation Plan. (D) nonprofit conservation or other relevant Venture. (b) LIMITATION.—A Joint Venture is not eligi- organizations with expertise in migratory bird (F) Procedures to coordinate the development, ble for assistance or support authorized in this conservation, or in fish and wildlife conserva- implementation, oversight, monitoring, tracking, section unless the Joint Venture is operating tion generally; and and reporting of conservation actions approved under an Implementation Plan approved by the (E) private organizations with a dedicated in- by the Management Board and an evaluation Director under section 5. terest in conserving migratory birds and their process to determine overall effectiveness of ac- (c) CONSERVATION ACTION GRANT CRITERIA.— habitats. tivities undertaken by the Joint Venture. The Secretary, through the Director, within 180 (3) FUNCTIONS AND RESPONSIBILITIES.— (G) A strategy to encourage the contribution days after date of enactment of this Act and (A) ORGANIZATION AND OPERATIONS PLAN.—A of non-Federal financial resources, donations, after consultation with representatives from Management Board, in accordance with the gifts and in-kind contributions to support the Management Boards and equivalent entities of guidelines published by the Director under sec- objectives of the Joint Venture and fulfillment of joint ventures referred to in section 8, shall pub- tion 4 and in coordination with the Director, the Implementation Plan. lish guidelines for determining funding alloca- shall develop, publish, and comply with a plan (2) REVIEW.—The Director shall— tions among joint ventures and priorities for that specifies the organizational structure of the (A) coordinate the review of a proposed Imple- funding among conservation action proposals to Joint Venture and prescribes its operational mentation Plan submitted under this section; meet the purpose of this Act and respective Im- practices and procedures. and plementation Plans.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 6333 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17685 (d) MATCHING REQUIREMENTS.—If a Manage- (A) shall consult with other appropriate Fed- conserve bird habitat over entire geo- ment Board determines that two or more pro- eral agencies with responsibility for the con- graphic regions, thereby developing ef- posed conservation actions are of equal value servation or management of fish and wildlife fective long-term strategies to con- toward fulfillment of the relevant Implementa- habitat and appropriate State agencies; and serve our common migratory bird re- tion Plan, priority shall be given to the action (B) may consult with appropriate, Indian or actions for which there exist non-Federal tribes, Flyway Councils, or regional conserva- source for the benefit of all. The bill is matching contributions that are equal to or ex- tion organizations, public and private land- broadly supported by conservation and ceed the amount of Federal funds available for owners, members of academia and the scientific hunting interests, the States as well as such action or actions. community, and other nonprofit conservation or the administration. With that, I com- (e) TECHNICAL ASSISTANCE.—The Secretary, private stakeholders. mend Mr. KRATOVIL for his leadership through the Director, may provide technical and (4) PUBLIC COMMENT.—The Secretary, through on this issue, and I ask Members to administrative assistance for implementation of the Director, shall provide for adequate oppor- support passage of this measure. Joint Ventures and the expenditure of financial tunities for general public review and comment I reserve the balance of my time. assistance under this subsection. of the Program as part of the five-year evalua- (f) ACCEPTANCE AND USE OF DONATIONS.—The Mr. BROWN of South Carolina. Mr. tions conducted pursuant to this subsection. Speaker, I yield myself as much time Secretary, through the Director, may accept and SEC. 8. TREATMENT OF EXISTING JOINT VEN- use donations of funds, gifts, and in-kind con- TURES. as I may consume. tributions to provide assistance under this sec- For purposes of this Act, the Director— H.R. 2188 would statutorily establish tion. (1) shall treat as a Joint Venture any joint the existing Migratory Bird Joint Ven- SEC. 7. REPORTING REQUIREMENTS. venture recognized by the Director before the ture program. This program, which has (a) ANNUAL REPORTS BY MANAGEMENT date of the enactment of this Act in accordance been funded as an administrative line BOARDS.— with the United States Fish and Wildlife Serv- item in the U.S. Fish and Wildlife (1) IN GENERAL.—The Secretary, acting ices manual (721FW6); and Service budget for over 20 years, has through the Director, shall— (2) shall treat as an Implementation Plan an done a remarkable job of conserving (A) require each Management Board to submit implementation plan adopted by the manage- annual reports for all approved Joint Ventures ment board for such joint venture. some 15.7 million acres of grasslands, forests, wetlands and riparian habitat of the Management Board; and SEC. 9. RELATIONSHIP TO OTHER AUTHORITIES. (B) publish within 180 days after the date of (a) AUTHORITIES, ETC. OF SECRETARY.—Noth- throughout North America. enactment of this Act guidelines to implement ing in this Act affects authorities, responsibil- By enacting this program into law, this subsection. ities, obligations, or powers of the Secretary we will send a positive message to the (2) CONTENTS.—Each annual report shall in- international community that the clude— under any other Act. (A) a description and justification of all con- (b) STATE AUTHORITY.—Nothing in this Act United States is committed to its wild- servation actions approved and implemented by preempts any provision or enforcement of a life treaty obligations. We will also en- the Management Board during the period cov- State statute or regulation relating to the man- sure that Congress has an opportunity ered by the report; agement of fish and wildlife resources within to periodically examine this program (B) when appropriate based upon the goals such State. to evaluate its ongoing effectiveness and objectives of an Implementation Plan, an SEC. 10. FEDERAL ADVISORY COMMITTEE ACT. and whether it merits the further ex- The Federal Advisory Committee Act (5 U.S.C. estimate of the total number of acres of migra- penditure of our taxpayer money in the tory bird habitat either restored, protected, or App.) shall not apply to any boards, committees, enhanced as a result of such conservation ac- or other groups established under this Act. future. I would like to recognize the other tions; The SPEAKER pro tempore. Pursu- three bipartisan sponsors of this legis- (C) the amounts and sources of Federal and ant to the rule, the gentlewoman from non-Federal funding for such conservation ac- lation: Congressmen FRANK KRATOVIL, Guam (Ms. BORDALLO) and the gen- tions; RON KIND, and ROB WITTMAN. (D) the amounts and sources of funds ex- tleman from South Carolina (Mr. I reserve the balance of my time. pended for administrative and other expenses of BROWN) each will control 20 minutes. Ms. BORDALLO. Mr. Speaker, I yield the Joint Venture of the Management Board, in- The Chair recognizes the gentle- such time as he may consume to the cluding all donations, gifts, and in-kind con- woman from Guam. gentleman from Maryland (Mr. tributions provided for the Joint Venture; GENERAL LEAVE (E) the status of progress made in achieving KRATOVIL). the strategic framework of the Implementation Ms. BORDALLO. Mr. Speaker, I ask Mr. KRATOVIL. Mr. Speaker, the Plan of such Joint Venture and fulfillment of unanimous consent that all Members First Congressional District of Mary- the purpose of this Act; and may have 5 legislative days in which to land is defined by a national treasure, (F) other elements considered necessary by the revise and extend their remarks and in- the Chesapeake Bay and the sur- Director to insure transparency and account- clude extraneous material on the bill rounding watershed. During the winter ability by Management Boards in the implemen- under consideration. the wetlands and surrounding habitat tation of its responsibilities under this Act. The SPEAKER pro tempore. Is there of the bay are home to a significant (b) JOINT VENTURE PROGRAM FIVE-YEAR RE- VIEWS.— objection to the request of the gentle- population of migratory waterfowl, in- (1) IN GENERAL.—The Secretary, acting woman from Guam? cluding American black ducks, mal- through the Director, shall at five years after There was no objection. lards, canvasbacks and Canada geese. the date of enactment of this Act and at five- Ms. BORDALLO. Mr. Speaker, I sup- However, too many of these birds and year intervals thereafter, complete an objective port H.R. 2188, the Joint Ventures for their habitats are at risk. Protecting and comprehensive review and evaluation of the Bird Habitat Conservation Act of 2009, these birds is vital because they play Program. sponsored by our colleague from Mary- an integral role in the ecosystems (2) REVIEW CONTENTS.—Each review under this subsection shall include— land, Representative FRANK KRATOVIL. across the country and serve as invalu- (A) an evaluation of the effectiveness of the This bill seeks to highlight the critical able harbingers of environmental Program in meeting the purpose of this Act spec- importance that migratory birds have change. Protecting their habitats is ified in section 2(b); with our economy as well as their im- also imperative to our constituents, (B) an evaluation of all approved Implementa- portance as a bellwether of the health who consider themselves passionate tion Plans, especially the effectiveness of exist- of our environment. However, due to outdoorsmen and -women. ing conservation strategies, priorities, and methods to meet the objectives of such plans and ful- their wide distribution, the only way Part of our culture and heritage on fill the purpose of this Act; and we can maintain this resource is to Maryland’s Eastern Shore and else- (C) recommendations to revise the Program or work cooperatively, creatively and pur- where in the country includes activi- to amend or otherwise revise Implementation posefully with other nations and with ties such as bird-watching, hunting, Plans to ensure that activities undertaken pur- all stakeholders to conserve migratory hiking, kayaking and fishing. In fact, suant to this Act address the effects of climate bird habitat. according to a 2006 survey conducted change on migratory bird populations and their The gentleman from Maryland’s leg- by the United States Fish and Wildlife habitats, and fish and wildlife habitats, in gen- islation directs the Secretary of the In- Service, 1.6 million individuals partici- eral. (3) CONSULTATION.—The Secretary, acting terior to conduct a program of vol- pate in hunting and wildlife-watching through the Director, in the implementation of untary Migratory Bird Joint Ventures activities across the State of Mary- this subsection— to establish durable partnerships to land, leading to a total of nearly $844

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17686 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 million in economic activity within The national debt, as of June 30, and their families, positive solutions the region. Waterfowl hunting alone stood at $11,545,275,346,431. Mr. Speaker, do exist. The American people want us, was responsible for 726 jobs and nearly I know that’s hard to believe; but as a Congress, to embrace those posi- $10 million in State and Federal tax that’s $37,609.23 for every man, woman tive solutions, and I urge the Congress revenue in Maryland. Needless to say, and child in America. And over the last to act in a positive way. birds in Maryland have a significant month, our national debt has increased Ms. BORDALLO. Mr. Speaker, I have recreational, economic and ecological by $223.7 billion, a remarkable amount no additional requests for time and impact. However, for us to have an en- of increase. Since the Democrats took would inquire of the minority if they vironment and wildlife that future gen- control of Congress in January of 2007, have any additional speakers. erations can enjoy, it is essential that the national debt has increased $2.9 Mr. BROWN of South Carolina. I we support effective habitat conserva- trillion. That’s over $9,300 a person. At have no further speakers and yield tion. Joint ventures are effective, vol- the end of April, the U.S. Government back the balance of my time. untary, public-private partnerships de- owed China $763.5 billion. This year Ms. BORDALLO. Again, I urge Mem- signed to protect, restore, enhance and alone our debt to China has increased bers to support this bill. manage migratory bird populations, by over $36 billion. So the economy is I yield back the balance of my time. their habitats and ecosystems. front and center for the American peo- The SPEAKER pro tempore. The I was pleased to introduce H.R. 2188, ple. It is what is causing them the question is on the motion offered by as has already been mentioned by my greatest amount of heartache and the the gentlewoman from Guam (Ms. colleague, along with colleagues HENRY greatest amount of concern. It’s what BORDALLO) that the House suspend the BROWN of South Carolina, Representa- moms and dads across this land are rules and pass the bill, H.R. 2188, as tive RON KIND of Wisconsin and Rep- worried about when they tuck their amended. resentative ROB WITTMAN of Virginia. kids in at night. The American people The question was taken. The legislation establishes a voluntary are hurting. Millions of Americans are The SPEAKER pro tempore. In the joint venture program, administered by out of work, and hundreds of thousands opinion of the Chair, two-thirds being the Fish and Wildlife Service in coordi- continue to lose their jobs each and in the affirmative, the ayes have it. nation with other Federal agencies and every month. Mr. BROUN of Georgia. Mr. Speaker, the States to develop, implement and Now the present administration, the on that I demand the yeas and nays. support cooperative and effective con- Obama administration, and the Demo- The yeas and nays were ordered. servation strategies that promote sus- crats in charge here in Congress prom- The SPEAKER pro tempore. Pursu- tainable bird populations, encourage ised that their trillion-dollar ‘‘stim- ant to clause 8 of rule XX and the stakeholder and government partner- ulus’’ package would create jobs imme- Chair’s prior announcement, further ships, implement science-driven, land- diately, they said, and unemployment proceedings on this motion will be scape-level bird conservation strategies wouldn’t rise over 8 percent if their postponed. and coordinate related conservation ac- program was adopted. President f tivities. Joint ventures have already Obama, in fact, said recently that the LOS PADRES FOREST LAND leveraged funds and science-based data stimulus bill had ‘‘done its job’’ and is CONVEYANCE to protect, restore or enhance over 13 ‘‘working exactly as we anticipated.’’ Ms. BORDALLO. Mr. Speaker, I move million acres of habitat across this Well, Mr. Speaker, I know that comes to suspend the rules and pass the bill country. Joint ventures falling under as a surprise to the American people, (H.R. 129) to authorize the conveyance the North American Waterfowl Man- as 1.96 million Americans have lost of certain National Forest System agement Plan have invested $4.5 billion their jobs since the stimulus was en- lands in the Los Padres National For- to conserve 15.7 million acres of water- acted. I’m not quite certain that they est in California, as amended. fowl habitat. The Atlantic Coast Joint believe the stimulus has ‘‘done its job’’ and worked exactly as they antici- The Clerk read the title of the bill. Venture, of which Maryland is a mem- The text of the bill is as follows: ber, focuses on bird habitat in the At- pated. In June alone almost 500,000 jobs H.R. 129 lantic Flyway. The efforts of this joint were lost, increasing unemployment to Be it enacted by the Senate and House of Rep- venture have positively impacted over 9.5 percent, the highest level in 26 years. So it’s clear that the trillion- resentatives of the United States of America in 280,000 acres across Maryland. Joint Congress assembled, dollar stimulus package isn’t working, ventures successfully coordinate the SECTION 1. LAND CONVEYANCE AUTHORITY, LOS activities of various stakeholders to Mr. Speaker; and the American people PADRES NATIONAL FOREST, CALI- protect migratory birds and conserve have a right to know, where are the FORNIA. their habitats. Joint ventures, in sum, jobs, where are the jobs? (a) CONVEYANCE AUTHORITY.—Subject to valid are an exemplary model that enjoy Now the good news is that Repub- existing rights, the Secretary of Agriculture may strong bipartisan support. licans have a real plan, a real plan for convey to the White Lotus Foundation all right, I encourage my colleagues to support a real recovery—fiscal discipline here title, and interest of the United States in and to in Washington; tax relief for working the real property within the Los Padres Na- this legislation on behalf of all of their tional Forest in California described in sub- constituents who seek to preserve and families, small businesses and family section (b). enjoy both these migratory birds and farms, the job creation engine of our (b) DESCRIPTION OF PROPERTY.—The real their habitats. Nation. So the American people de- property subject to conveyance under this Act is Mr. BROWN of South Carolina. Mr. serve a recovery plan. They do, indeed. certain land located in Santa Barbara County, Speaker, I yield 4 minutes to the gen- They deserve a plan that puts Ameri- California, consisting of approximately 5 acres, tleman from Georgia, Dr. PRICE. cans back to work. No more borrowing, as shown on the map titled ‘‘San Marcos Pass Mr. PRICE of Georgia. Mr. Speaker, I no more spending, no more unemploy- Encroachment for Consideration of Legislative want to thank my friend from South ment. Mr. Speaker, the good news is Remedy’’, dated June 1, 2009. (c) SURVEY.—The exact acreage and legal de- Carolina for his leadership on this issue that Republicans have a positive plan, scription of the real property to be conveyed and for allowing me to speak for a few positive solutions for the economy, for under this Act shall be determined by a survey moments. This is clearly a bill that is jobs, for energy self-sufficiency and, satisfactory to the Secretary. supported on a bipartisan basis and yes, for health reform. So whether it’s (d) VALUATION.—Any appraisal of the real something that ought to move forward. the economy and jobs that the Amer- property to be conveyed under this Act shall It’s something that many care about. I ican people are concerned about, conform to the Uniform Appraisal Standards for would suggest, however, that what the whether it’s being able to put gasoline Federal Land Acquisitions, and the appraisal shall be subject to the approval of the Secretary. American people mainly care about in their cars so they can get to work (e) CONSIDERATION.—Consideration for con- right now are the economy and jobs. for their second or third job, trying to veyance of real property under this Act shall be The economy, spending, borrowing, the make ends meet at home, whether it’s in an amount not less than the appraised fair national debt. providing health care for themselves market value.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 6333 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17687 (f) TREATMENT OF PROCEEDS.—The gross pro- acres to the foundation and requires Ms. BORDALLO. Mr. Speaker, I have ceeds from the conveyance of real property that the sale be accomplished at no no additional requests of time and under this Act shall be deposited in the fund es- cost to the taxpayers. would inquire of the minority whether tablished by Public Law 90–171 (commonly I support the bill and reserve the bal- they have additional speakers. known as the ‘‘Sisk Act’’; 16 U.S.C. 484a). The amount so deposited shall be available to the ance of my time. Mr. BROWN of South Carolina. I Secretary, without further appropriation, for Ms. BORDALLO. Mr. Speaker, I re- think we have one more speaker. expenditure in the Los Padres National Forest. serve the balance of my time. Ms. BORDALLO. Mr. Speaker, I re- (g) PRE-EXISTING RIGHTS.—As a condition of Mr. BROWN of South Carolina. Mr. serve the balance of my time. the conveyance authorized under subsection (a), Speaker, I yield 3 minutes to the gen- Mr. BROWN of South Carolina. Mr. the Secretary shall require the White Lotus tleman from California, the author of Speaker, I yield 4 minutes to the gen- Foundation to continue to allow existing access the bill, Mr. GALLEGLY. tleman from Georgia, Dr. BROUN. to any roadway that may be conveyed by this Mr. GALLEGLY. Mr. Speaker, first Mr. BROUN of Georgia. Mr. Speaker, Act. of all, I want to thank the gentlelady I thank my friend, Mr. BROWN from (h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms from Guam (Ms. BORDALLO), my good South Carolina, for yielding. and conditions in connection with the convey- friend, for her work on this; and I rise Mr. Speaker, I rise in support of this ance under this Act as the Secretary considers today in strong support of H.R. 129. legislation and want to remind the appropriate to protect the interests of the United This bill would authorize the Forest American public, Mr. Speaker, if I States. Service to convey a small parcel of could speak to them, that we have a (i) SURVEY AND ADMINISTRATIVE COSTS.—The land on the perimeter of the Los Pa- tremendous Federal debt and deficit White Lotus Foundation shall pay the reason- dres National Forest to a nonprofit or- that’s growing every moment that this able costs of survey, appraisal, and any other administrative costs associated with the convey- ganization, the White Lotus Founda- Congress is in session. ance. tion. In 1983, the White Lotus Founda- We have a tremendous amount of re- The SPEAKER pro tempore. Pursu- tion inherited property in the hills sources all across this country in for- ant to the rule, the gentlewoman from above Santa Barbara, California, on ests, in Federal property; and I believe the border of Los Padres National For- we must be good stewards of our envi- Guam (Ms. BORDALLO) and the gentleman from South Carolina (Mr. est. After operating in the location for ronment. It’s absolutely critical. In over 25 years, the Forest Service sent a fact, we are charged from a biblical BROWN) each will control 20 minutes. The Chair recognizes the gentle- letter to the White Lotus Foundation perspective to be good stewards of our woman from Guam. notifying them of a parcel that was 0.05 environment, and I am a conserva- acres, just a few actual square feet, of tionist of the first order. In fact, I GENERAL LEAVE began my political activism being in- Ms. BORDALLO. Mr. Speaker, I ask encroachment on the Forest Service volved in the conservation movement. unanimous consent that all Members land. It required them to remove all I’m a life member of many conserva- may have 5 legislative days in which to encroachments by December 31, 2008, or tion movements such as the Wild Sheep revise and extend their remarks and in- they would begin enforcement action. The encroachment in question is lo- Foundation, the Safari Club Inter- clude extraneous material on the bill cated on a loop of the only road that national, where I was a political action under consideration. The SPEAKER pro tempore. Is there allows White Lotus and the rest of the vice president, political affairs vice objection to the request of the gentle- public access to and from the White president for Safari Club International. woman from Guam? Lotus property. Due to the steep topog- I’m a member of Quail Unlimited, There was no objection. raphy, the foundation has no other rea- Ducks Unlimited, and I can go on and Ms. BORDALLO. Mr. Speaker, H.R. sonable alternatives. on. So my conservation credentials are 129 was introduced by our colleague The loop lies on flat ground which very numerous. from California, Representative ELTON was held for the purpose of providing But we have Federal property all GALLEGLY. The bill would authorize space for equipment storage for fire over this country where the Federal the Forest Service to sell 5 acres of and flood emergencies and provided ac- Government is not managing it prop- land within the Los Padres National cess to a water pump and other nec- erly. The Park Service can’t take care, Forest to resolve an encroachment essary equipment. There is no other by their own admission, of the Federal issue. A portion of a small business flat ground on which to move these National Park System today. The For- owned by the White Lotus Foundation items, and without this space, the est Service does a much better job than sits on 5 acres of the national forest. foundation would be forced to cease op- the Park Service does in managing its The 5 acres in question are separated erations. properties. But we have national for- from the majority of the forest by a My legislation will not cost the tax- ests all over this country that have road. The foundation was unaware of payers a single penny. The White Lotus timber growing. It’s a renewable re- the encroachment when it purchased Foundation will pay for the land, the source. the land. Under the terms of the legis- survey, and all administrative costs. Mr. Speaker, we can handle some of lation, the White Lotus Foundation There are no exemptions from NEPA or this Federal deficit and debt by start- will be responsible for all the costs as- other environmental laws. The land in ing to manage these Federal properties sociated with the conveyance, includ- question is not protected by wilderness in a more responsible, scientific man- ing any necessary reviews under the or any other specifically designated ner that will not harm the environ- National Environmental Policy Act. area. ment, will not harm the properties, Mr. Speaker, we support passage of Finally, my legislation does not even will not harm—actually will help the this measure. mandate this land be conveyed. It wildlife. I reserve the balance of my time. merely allows the Forest Service to So, Mr. Speaker, as I rise to support convey the land and to determine the this legislation, I ask this House, I ask b 1515 amount to be conveyed; meaning, if the this Congress, I ask the American peo- Mr. BROWN of South Carolina. Mr. Forest Service does not feel this land ple to start demanding good manage- Speaker, I yield myself such time as I conveyance is in its best interest, it ment practices of our natural re- may consume. does not have to sell any Federal land sources, and that’s going to include H.R. 129 corrects a problem resulting to the White Lotus Foundation. good, responsible wildlife management; from the way a small section of the Los In closing, I want to thank the chair- that’s going to include considering Padres National Forest boundary man, Chairman RAHALL, Ranking hunting on all Federal properties as a crosses an old road. This road provides Member Mr. HASTINGS, for allowing management tool which is absolutely the only access to property owned by this legislation to be considered today; critical in proper wildlife management. the White Lotus Foundation. This bill and I urge support of this legislation, So, Mr. Speaker, I do rise in support authorizes the Secretary to sell five H.R. 129. of this legislation. I assume that it will

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17688 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 pass, and I hope that it does. But we Castle Hoekstra Moore (KS) Thompson (CA) Van Hollen Weiner need to look beyond that and start Castor (FL) Holden Moore (WI) Thompson (MS) Vela´ zquez Welch Chandler Holt Moran (KS) Thompson (PA) Visclosky Wexler being good stewards of our environ- Childers Honda Murphy (CT) Thornberry Walden Whitfield ment, and we have not been. Clarke Hoyer Murphy (NY) Tiberi Walz Wilson (OH) Ms. BORDALLO. Mr. Speaker, I re- Cleaver Hunter Murphy, Patrick Tierney Wamp Wilson (SC) Clyburn Inglis Murphy, Tim Titus Wasserman serve the balance of my time. Wittman Coble Inslee Murtha Tonko Schultz Wolf Coffman (CO) Israel Myrick Towns Waters Mr. BROWN of South Carolina. Mr. Woolsey Cohen Issa Nadler (NY) Tsongas Watson Speaker, I urge support of this legisla- Wu Cole Jackson (IL) Napolitano Turner Watt Yarmuth tion, and I yield back the balance of Conaway Jackson-Lee Neal (MA) Upton Waxman my time. Connolly (VA) (TX) Neugebauer Ms. BORDALLO. Mr. Speaker, I Cooper Jenkins Nunes NOT VOTING—32 again urge Members to support this Costa Johnson (GA) Nye Baird Grijalva Perriello Costello Johnson, E. B. Oberstar bill, and I yield back the balance of my Barrett (SC) Gutierrez Rangel Courtney Johnson, Sam Obey Berman Hastings (WA) Schakowsky time. Crenshaw Jones Olver Bishop (UT) LaTourette Schrader The SPEAKER pro tempore. The Crowley Jordan (OH) Ortiz Carnahan Linder Sestak Cuellar Kagen Pallone Clay Marchant Smith (TX) question is on the motion offered by Culberson Kanjorski Pascrell Conyers McCarthy (NY) Speier the gentlewoman from Guam (Ms. Cummings Kaptur Pastor (AZ) Davis (IL) McCaul Sutton ORDALLO Dahlkemper Kennedy Paulsen Filner McCollum B ) that the House suspend the Young (AK) Davis (AL) Kildee Payne Gerlach Miller (NC) rules and pass the bill, H.R. 129, as Young (FL) Davis (CA) Kilpatrick (MI) Perlmutter Gohmert Moran (VA) amended. Davis (KY) Kilroy Peters The question was taken. Davis (TN) Kind Peterson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore. In the Deal (GA) King (NY) Petri The SPEAKER pro tempore. (During DeFazio Kingston Pingree (ME) the vote). There are 2 minutes remain- opinion of the Chair, two-thirds being DeGette Kirk Pitts in the affirmative, the ayes have it. Delahunt Kirkpatrick (AZ) Platts ing on this vote. Mr. BROUN of Georgia. Mr. Speaker, DeLauro Kissell Poe (TX) b 1547 on that I demand the yeas and nays. Dent Klein (FL) Polis (CO) Diaz-Balart, L. Kline (MN) Pomeroy Messrs. BOUCHER, AL GREEN of The yeas and nays were ordered. Diaz-Balart, M. Kosmas Posey The SPEAKER pro tempore. Pursu- Dicks Kratovil Price (NC) Texas, KAGEN, HOYER, and Ms. ant to clause 8 of rule XX and the Dingell Kucinich Putnam CLARKE changed their vote from Chair’s prior announcement, further Doggett Lamborn Quigley ‘‘yea’’ to ‘‘nay.’’ Donnelly (IN) Lance Radanovich So the motion to adjourn was re- proceedings on this motion will be Doyle Langevin Rahall postponed. Dreier Larsen (WA) Rehberg jected. Driehaus Larson (CT) Reichert The result of the vote was announced f Duncan Latham Reyes as above recorded. Edwards (MD) Latta Richardson Stated against: MOTION TO ADJOURN Edwards (TX) Lee (CA) Rodriguez Ehlers Lee (NY) Roe (TN) Mr. FILNER. Mr. Speaker, on rollcall 532, I Mr. BROUN of Georgia. Mr. Speaker, Ellison Levin Rogers (AL) was unable to vote, as I was in New York to I move that the House do now adjourn. Ellsworth Lewis (CA) Rogers (KY) receive an award from the National Associa- Emerson Lewis (GA) Rogers (MI) The SPEAKER pro tempore. The Engel Lipinski Rohrabacher tion for the Advancement of Colored People question is on the motion to adjourn. Eshoo LoBiondo Rooney (NAACP). Had I been present, I would have The question was taken; and the Etheridge Loebsack Ros-Lehtinen voted ‘‘nay.’’ Fallin Lofgren, Zoe Roskam Speaker pro tempore announced that Farr Lowey Ross f the noes appeared to have it. Fattah Lucas Rothman (NJ) LAS VEGAS MOTOR SPEEDWAY Mr. BROUN of Georgia. Mr. Speaker, Fleming Luetkemeyer Roybal-Allard LAND CONVEYANCE on that I demand the yeas and nays. Forbes Luja´ n Royce Fortenberry Lummis Ruppersberger Mr. BACA. Mr. Speaker, I move to The yeas and nays were ordered. Foster Lungren, Daniel Rush The vote was taken by electronic de- Foxx E. Ryan (OH) suspend the rules and pass the bill vice, and there were—yeas 23, nays 377, Frank (MA) Lynch Ryan (WI) (H.R. 409) to provide for the conveyance Franks (AZ) Mack Salazar of certain Bureau of Land Management not voting 32, as follows: Frelinghuysen Maffei Sa´ nchez, Linda [Roll No. 532] Fudge Maloney T. land in the State of Nevada to the Las Vegas Motor Speedway, and for other YEAS—23 Gallegly Manzullo Sanchez, Loretta Garrett (NJ) Markey (CO) Sarbanes purposes, as amended. Bachus Hensarling Shadegg Giffords Markey (MA) Scalise The Clerk read the title of the bill. Bartlett Johnson (IL) Shea-Porter Gingrey (GA) Marshall Schauer Barton (TX) King (IA) Souder Gonzalez Massa Schiff The text of the bill is as follows: Blackburn Olson Stark Goodlatte Matheson Schmidt H.R. 409 Broun (GA) Paul Gordon (TN) Matsui Schock Sullivan Be it enacted by the Senate and House of Rep- Campbell Pence Tiahrt Granger McCarthy (CA) Schwartz resentatives of the United States of America in Chaffetz Price (GA) Westmoreland Graves McClintock Scott (GA) Flake Sessions Grayson McCotter Scott (VA) Congress assembled, Green, Al McDermott Sensenbrenner NAYS—377 SECTION 1. DEFINITIONS. Green, Gene McGovern Serrano In this Act: Abercrombie Bilirakis Brown, Corrine Griffith McHenry Sherman Ackerman Bishop (GA) Brown-Waite, Guthrie McHugh Shimkus (1) FEDERAL LAND.—The term ‘‘Federal Aderholt Bishop (NY) Ginny Hall (NY) McIntyre Shuler land’’ means the approximately 115 acres of Adler (NJ) Blumenauer Buchanan Hall (TX) McKeon Shuster Bureau of Land Management land identified Akin Blunt Burgess Halvorson McMahon Simpson on the map as ‘‘Lands identified for Las Alexander Boccieri Burton (IN) Hare McMorris Sires Vegas Speedway Parking Lot Expansion’’. Altmire Boehner Butterfield Harman Rodgers Skelton (2) MAP.—The term ‘‘map’’ means the map Andrews Bonner Buyer Harper McNerney Slaughter titled ‘‘Las Vegas Speedway Parking Lot Ex- Arcuri Bono Mack Calvert Hastings (FL) Meek (FL) Smith (NE) Austria Boozman Camp Heinrich Meeks (NY) Smith (NJ) pansion’’, dated March 6, 2009, and on file in Baca Boren Cantor Heller Melancon Smith (WA) the Office of the Director of the Bureau of Bachmann Boswell Cao Herger Mica Snyder Land Management. Baldwin Boucher Capito Herseth Sandlin Michaud Space (3) SECRETARY.—The term ‘‘Secretary’’ Barrow Boustany Capps Higgins Miller (FL) Spratt means the Secretary of the Interior. Bean Boyd Capuano Hill Miller (MI) Stearns SEC. 2. CONVEYANCE OF FEDERAL LAND TO NE- Becerra Brady (PA) Cardoza Himes Miller, Gary Stupak VADA SPEEDWAY. Berkley Brady (TX) Carney Hinchey Miller, George Tanner Berry Braley (IA) Carson (IN) Hinojosa Minnick Taylor (a) IN GENERAL.—If Nevada Speedway, Biggert Bright Carter Hirono Mitchell Teague LLC, submits to the Secretary an offer to ac- Bilbray Brown (SC) Cassidy Hodes Mollohan Terry quire the Federal land for the appraised

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17689 value, notwithstanding the land use planning There was no objection. standard. That was one provision of requirements of section 202 and 203 of the Mr. BACA. I yield myself such time many provisions which really identi- Federal Land Policy and Management Act of as I may consume. fied the failure of the national energy 1976 (43 U.S.C. 1712, 1713), the Secretary shall Mr. Speaker, H.R. 409, introduced by tax and the cap-and-trade bill. convey to Nevada Speedway, LLC, all right, title, and interest in and to the Federal land, Congressman DEAN HELLER, would pro- Now, I have promised to continue to subject to valid existing rights. vide for the conveyance of certain Bu- come down to the floor to talk about (b) APPRAISAL.— reau of Land Management land in Ne- the failed policy of that bill, the bipar- (1) IN GENERAL.—Not later than 120 days vada to the Las Vegas Motor Speedway tisan ‘‘no’’ vote of that bill, and basi- after the date of enactment of this Act, the for use as a parking lot. cally about the concerns that I have of Secretary shall complete an appraisal of the The Las Vegas Motor Speedway hosts my miners in southern Illinois, and Federal land. NASCAR and other racing events and really the attack on fossil fuels in this (2) APPLICABLE LAW.—The appraisal under can draw as many as 100,000 racing fans country. paragraph (1) shall be conducted in accord- If you have a raceway and a speed- ance with— to these races. For several years now, (A) the Uniform Appraisal Standards for the Speedway has been looking for op- way, they are the epitome of either the Federal Land Acquisitions; and tions to expand its parking and accom- renewable fuels, as some of the high- (B) the Uniform Standards of Professional modate the growing number of fans at- speed dragsters are actually ethanol- Appraisal Practice. tending this event. based fuels, or the technology and the (3) COSTS.—All costs associated with the H.R. 409 would require the convey- efficiency of reusing fossil fuels in the appraisal required under paragraph (1) shall ance of 115 acres of Bureau of Land ability to really compete and improve be paid by Nevada Speedway, LLC. Management land to the owners of the fossil fuels—the basic foundation of a (c) PAYMENT OF CONSIDERATION.—As a condition of the conveyance, Nevada Speedway, Speedway specifically for expansion of thriving economy and something that LLC, shall pay to the Secretary an amount the parking lot. This land is adjacent shouldn’t be attacked; it should be equal to the appraised value of the Federal to the land owned by the Speedway incentivized. land, as determined under subsection (b). which is already used for a parking lot. So, this bill that allows for the trans- (d) COSTS OF CONVEYANCE.—As a condition The bill further provides that the fer of Federal lands for a good process, of the conveyance, any costs of the convey- land be withdrawn from public land, it also speaks of how we need to look ance under subsection (a) shall be paid by mining, and mineral leasing laws and at other uses of Federal land, espe- Nevada Speedway, LLC. must be used only as a parking lot. I cially the woody biomass provisions, to (e) REVERSION.—If Nevada Speedway, LLC, say they ought to get renewable cred- or any subsequent owner of the Federal land would add that the Bureau of Land conveyed under subsection (a), uses the Fed- Management supports this conveyance. its. eral land for purposes other than a parking We have no objections to H.R. 409, When you have Federal lands that lot for the Nevada Motor Speedway, all and I urge its adoption by the House are privately managed and you use the right, title, and interest in and to the land today. forestry aspects, those wood products (and any improvements to the land) shall re- I reserve the balance of my time. get a renewable fuel credit. But those, vert to the United States at the discretion of Mr. BROWN of South Carolina. I based upon this energy bill, do not get the Secretary. yield myself such time as I may con- the renewable credit. (f) COMPLIANCE.—Except as otherwise pro- sume. So that was part of the failure of the vided in this Act, the conveyance authorized in this section shall be carried out in compli- H.R. 409 directs the Secretary of the bill, and that’s why, really, the bipar- ance with all laws and regulations applicable Interior to convey to the Las Vegas tisan vote on the cap-and-tax bill was a to the conveyance of Federal land. Motor Speedway 115 acres adjacent to strong bipartisan ‘‘no’’ vote and pri- SEC. 3. WITHDRAWAL OF FEDERAL LAND. the Speedway at fair market value. marily for other reasons which talked (a) WITHDRAWAL.—Except as provided in The Speedway attracts over 140,000 about Illinois coal miners in the last section 2(a) and subject to valid existing fans, and the additional acreage is energy bill—1,200 coal miners from rights, the Federal land is withdrawn from— needed to prevent the hazardous driv- southern Illinois. (1) all forms of entry, appropriation, and ing conditions that result from the So what is our response to the energy disposal under the public land laws; backup of cars trying to park in inad- needs that we have in this country? It’s (2) location, entry, and patent under the equate facilities. basically an all-of-the-above process, mining laws; and (3) operation of the mineral leasing, min- All costs associated with the convey- using woody biomass from our Federal eral materials, and geothermal leasing laws. ance, including the appraisal, will be lands, which gets the same credit as (b) TERMINATION.—If two years after the paid by the Speedway. The bill also in- privately forested areas. It’s also ad- date of the enactment of this Act, the concludes a reversionary clause that would dressing the Outer Continental Shelf veyance authorized under section 2 has not return the land to the Department of provisions; allowing oil and gas explo- been executed, the withdrawal under sub- Interior should it be used for anything ration; using those revenues to move to section (a) shall have no force or effect. other than a parking lot. renewable technologies—wind and SEC. 4. SUNSET. Mr. HELLER should be commended for solar; addressing coal and electricity The authority provided to the Secretary his work on this bill. I congratulate generation from coal. Also, liquid fuels under this Act shall terminate 5 years after him for his efforts to reduce—however from that. That is a diversified energy the date of the enactment of this Act. small—the Federal Government land portfolio. And of course the provisions The SPEAKER pro tempore. Pursu- inventory. of biofuels, which is what we address in ant to the rule, the gentleman from I support the bill. the woody biomass provisions. California (Mr. BACA) and the gen- I reserve the balance of my time. The SPEAKER pro tempore. The tleman from South Carolina (Mr. Mr. BACA. I reserve the balance of time of the gentleman has expired. BROWN) each will control 20 minutes. my time. Mr. BROWN of South Carolina. I The Chair recognizes the gentleman Mr. BROWN of South Carolina. Mr. yield the gentleman 1 additional from California. Speaker, I yield 3 minutes to the gen- minute. GENERAL LEAVE tleman from Illinois (Mr. SHIMKUS). Mr. SHIMKUS. I would just remind Mr. BACA. Mr. Speaker, I ask unani- Mr. SHIMKUS. I rise in support of my colleagues and friends we had a mous consent that all Members have 5 this bill. I like the land transfer as- very great debate and a tough vote two legislative days in which to revise and pects of this bill because it’s important weeks ago, but this debate is not going extend their remarks and include ex- when we can use Federal lands to ad- to end. We’re going to continue to talk traneous materials on the bill under dress a pressing need, unlike the cap- about the effects of raising energy consideration. and-tax energy bill, which tried to ad- taxes in a time of economic downturn, The SPEAKER pro tempore. Is there dress a woody biomass provision which and the provisions that have been objection to the request of the gen- would allow excess wood of decayed passed in this Chamber, the bipartisan tleman from California? trees to be used in the renewable fuel vote, was in opposition to that bill.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17690 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 And we will continue to talk on the Whereas children and older adults have in- United States, resulting in nearly 5,000 floor about that failed policy. creased rates of unintentional home injury, deaths per year. Fire and burn injuries Mr. BACA. I reserve the balance of compared with all other age groups; are the third leading cause of home in- my time. Whereas citizens are encouraged to take a hands-on approach to home safety and be- jury death, and almost two-thirds, or 65 Mr. BROWN of South Carolina. Mr. come aware of the simple and inexpensive percent, of reported home fire deaths Speaker, I support this legislation. I steps they can take to reduce the risk of in- resulted from fires in homes with no yield back the balance of my time. jury in each area of the home; and smoke alarms or no working smoke Mr. BACA. Mr. Speaker, again, I urge Whereas June would be an appropriate alarms. all Members to support the bill, and I month to designate as ‘‘Home Safety Deaths due to unintentional choking yield back the balance of my time. Month’’: Now, therefore, be it and suffocation injuries are the fourth The SPEAKER pro tempore. The Resolved, That the House of Representa- tives— leading cause of home injury death in question is on the motion offered by (1) supports the designation of ‘‘Home the United States, and nearly 25 per- the gentleman from California (Mr. Safety Month’’; cent of all choking and suffocation BACA) that the House suspend the rules (2) recognizes the contributions of home deaths occur in the home. and pass the bill, H.R. 409, as amended. safety related nonprofit organizations for b 1600 The question was taken. their ongoing commitment to ensuring fami- The SPEAKER pro tempore. In the lies remain safe in their homes; Deaths due to drowning are the fifth opinion of the Chair, two-thirds being (3) recognizes the contributions made by leading cause of home injury death in the Home Safety Council to the efforts of in the affirmative, the ayes have it. the United States, and an average of ‘‘Home Safety Month’’ for recently intro- more than 10,000 events occur in the Mr. BROUN of Georgia. Mr. Speaker, ducing a new and innovative online tool to on that I demand the yeas and nays. help adults identify the dangers present in home each year that require medical The yeas and nays were ordered. and around the home, designated as care, emergency department treat- The SPEAKER pro tempore. Pursu- www.MySafeHome.org, and for promoting ment, and/or result in days away from ant to clause 8 of rule XX and the the Hands on Home Safety Campaign, whose work and/or school. Chair’s prior announcement, further goal is to educate and empower both families Children and older adults have in- proceedings on this motion will be and businesses to take simple actions that creased rates of unintentional home in- will make homes safe and minimize their jury compared with all other age postponed. risk for potential injuries, or even death; f (4) encourages adults, parents, and care- groups. Home Safety Month recognizes the contribution of home safety-related SUPPORTING HOME SAFETY givers to take greater actions to reduce unintentional injuries and educate themselves nonprofit organizations for their ongo- MONTH on the importance of home safety, for them- ing commitment to ensuring families Mrs. HALVORSON. Mr. Speaker, I selves and their loved ones; remain safe in their homes. move to suspend the rules and agree to (5) encourages manufacturers to develop As part of Home Safety Month, the the resolution (H. Res. 543) expressing innovative safety products and features to Home Safety Council recently intro- support for designation of June as help lessen the number of home injuries and duced a new and innovative online tool ‘‘Home Safety Month’’. accidents; and (6) encourages local and national govern- to help adults identify the dangers The Clerk read the title of the resolu- ment leaders to support funding for critical present in and around the home des- tion. home safety education programs to reduce ignated as www.mysafehome.org. Addi- The text of the resolution is as fol- the risks from home injuries. tionally, the Home Safety Council is lows: The SPEAKER pro tempore. Pursu- also promoting the Hands on Home H. RES. 543 ant to the rule, the gentlewoman from Safety campaign, whose goal is to edu- Whereas unintentional injuries in the Illinois (Mrs. HALVORSON) and the gen- cate and empower families, businesses home result in nearly 20,000 deaths and tleman from Illinois (Mr. SHIMKUS) and community leaders to take simple 21,000,000 medical visits on average each each will control 20 minutes. actions that will make homes safe and year; The Chair recognizes the gentle- minimize their risk from potential in- Whereas the top 5 causes of unintentional woman from Illinois. juries or even death. home injury deaths are falls, poisoning, fires/ GENERAL LEAVE This resolution encourages adults, burns, choking/suffocation, and drowning/ submersion; Mrs. HALVORSON. Mr. Speaker, I parents and caregivers to take greater Whereas falls are the leading cause of ask unanimous consent that all Mem- actions to reduce unintentional inju- home injury death among older adults in the bers may have 5 legislative days in ries and educate themselves on the im- United States, and the total direct costs as- which to revise and extend their re- portance of home safety for themselves sociated with both fatal and non-fatal falls is marks. and their loved ones. At the same time, more than $19,000,000,000 annually for hos- The SPEAKER pro tempore. Is there it also encourages manufacturers to de- pitalization, emergency department visits, objection to the request of the gentle- velop innovative safety projects and and outpatient care; woman from Illinois? features to help lessen the numbers of Whereas poisonings are the second leading There was no objection. home injuries and accidents, and fi- cause of home injury death in the United Mrs. HALVORSON. Mr. Speaker, I States, resulting in nearly 5,000 deaths per nally encourages local and national yield myself such time as I may con- government leaders to support funding year; sume. Whereas fire and burn injuries are the for critical home safety education pro- Unintentional injuries in the home third leading cause of home injury death and grams to reduce the risks from home result in nearly 200,000 deaths and 21 almost two-thirds (65 percent) of reported injuries. home fire deaths resulted from fires in million medical visits on average each year. The top five causes of uninten- With that, Madam Speaker, I encour- homes with no smoke alarms or no working age the passage of this resolution. smoke alarms; tional home injury deaths are falls, Whereas deaths due to unintentional chok- poisonings, fires and burns, choking I reserve the balance of my time. ing and suffocation injuries are the fourth and suffocation, and finally, drowning. Mr. SHIMKUS. Madam Speaker, I leading cause of home injury death in the Falls are the leading cause of home yield myself as much time as I may United States and nearly 25 percent of all injury death among older adults in the consume. choking and suffocation deaths occur in the United States, and the total direct Madam Speaker, I am pleased and home; costs associated with both fatal and honored to be joining my colleague, Whereas deaths due to drowning are the nonfatal falls is more than $19 billion Congresswoman HALVORSON from the fifth leading cause of home injury death in great State of Illinois, in speaking for the United States and an average of more annually for hospitalization, emer- than 10,000 events occur in the home each gency department visits, and out- and managing the minority side in this year that require medical care, emergency patient care. debate. department treatment, and result in days Poisonings are the second leading I rise today in support of House Reso- away from work or school; cause of home injury deaths in the lution 543, expressing support for the

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17691 designation of June as ‘‘Home Safety Madam Speaker. I also believe that en- Our grandchildren are going to live Month.’’ There have been recent stories ergy independence is of extreme con- at a lower standard than we live today that because of the economic down- cern to the American people too. Re- if we keep passing these bills. We have turn, many people are being driven to publicans have offered alternatives to got unprecedented debt. We have got home repairs. I just put up two shades the tax-and-cap bill that this House unprecedented deficits. Right now, the in the townhouse last night, and I prob- passed just a couple of weeks ago. It is most abused credit card in this country ably can guarantee you that I didn’t do over in the Senate. In my opinion, it today is this card, the voting card that it in the safest manner possible. should die over there. Members of Congress use. This is a This is a simple resolution to again The American people must stand up credit card that the Chinese are pick- call upon the public to understand the and understand how this is going to in- ing up the debt that we are creating dangers inherent around the home and crease the cost of not only their energy with the use of this card. to provide information using a tool sources, but it is going to increase the Madam Speaker, we have to stop this available to help them identify areas cost of everything that they buy. Out egregious, outrageous spending that around the home and what they can do of every dollar that they spend, some this Congress is doing. It is going to to make their home more safe. of it is going to come to the Federal kill the American economy. It is going Each year there are nearly 20,000 Government in the nature of an in- to destroy the health care system that deaths and 21 million medical visits creased energy tax which is going to be is being proposed in this health care caused by unintentional falls, people disastrous. bill that is being presented today. We being poisoned, skin burns due to fires, We on the Republican side have in- have got to stop it, Madam Speaker. So choking hazards and drowning. Unfor- troduced legislation that would make it is not just about home safety. It is tunately, most of these hazards occur America independent. But that bill has about economic well being. It is about to the most vulnerable age groups, not seen the light of day on the floor of our children’s future. children and older adults. I encourage this House. Why is that? It is because Madam Speaker, it just grieves me to the adults, caregivers and parents to the Democratic majority and the lead- see the direction that this country is educate themselves on the importance ership will not allow that to happen. I going. It grieves me to know what my of home safety for themselves and their think if that bill were to come to the two grandchildren that I have now are loved ones. floor of the House of Representatives, going to have to face in the way of pay- I would like to express my gratitude and the American people were to see it, ing back the debt that we cannot pay, to the Home Safety Council for their we would pass it. But if we passed it my children can’t pay and that my innovative online tool that helps over this huge energy tax that is in the grandchildren and their children prob- adults identify the dangers that may tax-and-cap bill, then the revenue ably are going to have a hard time pay- exist in the home, and I also encourage would not be available to pay for the ing too. health care bill. The President recently So, Madam Speaker, we are heading others to look into the Hands on Home said he needed that revenue to pay for in a bad, bad direction. The American Safety campaign which was identi- the health care bill that he has pro- people need to stand up and understand fied by my colleague, www.my moted and that is being introduced this what is going on and say ‘‘no’’ to safehome.org. The Web site has made week in the House of Representatives, Obama Care, ‘‘no’’ to tax-and-cap, the great efforts to educate families and ‘‘Obama Care.’’ so-called ‘‘cap-and-trade’’ bill, and businesses on how to avoid potential And Obama Care, as a physician, I ‘‘no’’ to all of this increased debt and risks and injuries. I probably should can tell you is going to be disastrous increased deficits which are going to have looked at that Web site before I for my colleagues and me and for our take away jobs that we have already attempted my little home repair last patients because it is going to insert a seen in tremendous job losses, take night. Washington bureaucrat between the away jobs, and it is going to ruin the I would like to thank the author, doctor and the patient, and that Wash- economy. again, for this resolution, Mrs. DEBBIE ington bureaucrat is going to be mak- Mrs. HALVORSON. I continue to re- HALVORSON of Illinois, for her leader- ing health care decisions. It is going to serve the balance of my time. ship in helping Americans’ well-being be extremely expensive. Mr. SHIMKUS. Madam Speaker, I and addressing the safety in their Just last night, I held a tele-town have no other speakers, and I yield homes. I encourage all my colleagues hall meeting and asked a question of back the balance of my time. to vote in favor of this resolution. the people on the line about what con- Mrs. HALVORSON. Madam Speaker, I reserve the balance of my time. cerns them about this Obama Care pro- first I would like to thank my col- Mrs. HALVORSON. Madam Speaker, gram that is being proposed by the league from Illinois (Mr. SHIMKUS) for I have no additional requests for speak- Democrat majority. Overwhelmingly, helping today with this bill. We in Illi- ers. I would like to inquire whether the they were concerned about the cost, as nois do a lot of things in a bipartisan minority has any additional speakers. well as Washington bureaucrats insert- way, and I just want to give him an- Mr. SHIMKUS. As far as I know, I ing themselves in health care deci- other thanks for helping out and for have one more additional speaker. sions. They were overwhelmingly con- bringing awareness to home safety Mrs. HALVORSON. I reserve the bal- cerned about the taxes that are going issues which are important to all of us. ance of my time. to go up for everybody in this country. It is a topic that could save people Mr. SHIMKUS. Madam Speaker, I There are a lot of tax increases that money and their health given the abil- yield such time as he may consume to we already know are going to be in this ity that they always have to be aware my colleague and friend, Congressman bill because we have seen the draft. We of things so we can prevent accidents BROUN from Georgia. understand we are going to have the in our home. Mr. BROUN of Georgia. I thank the bill today in final form, at least the Each year an average of more than gentleman for yielding. final form before all the manager’s 7,000 adults aged 65 and older die from I’m a physician, and I’m concerned amendments and before markups are unintentional home injuries. Falls about what goes on in people’s homes done. alone account for 52.5 percent of all and the safety in those homes. And I We have a lot of things going on here home injury deaths for adults aged 65 commend the sponsor of this bill for in- that the American people need to un- to 74. troducing it here before the House. derstand are going to be disastrous for With this, Madam Speaker, I just en- I think the American people are more them, for their health care and for courage everybody to support this and concerned about other things now than their economy. It is going to hurt peo- to bring about awareness to Home just home safety. That is certainly ev- ple. It is going to hurt people because Safety Month. eryone’s concern, but I think their eco- the economy is going to fall just like I yield back the balance of my time. nomic concerns are extremely impor- we are concerned about falls and other The SPEAKER pro tempore (Ms. LEE tant to the American people also, things in our home and home safety. of California). The question is on the

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17692 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 motion offered by the gentlewoman Cao Hare McCollum Sarbanes Snyder Van Hollen Capito Harman McCotter Scalise Souder Vela´ zquez from Illinois (Mrs. HALVORSON) that Capps Harper McDermott Schakowsky Space Visclosky the House suspend the rules and agree Capuano Hastings (FL) McGovern Schauer Speier Walden to the resolution, H. Res. 543. Cardoza Hastings (WA) McHenry Schiff Spratt Walz The question was taken. Carney Heinrich McHugh Schmidt Stark Wamp Carson (IN) Heller McIntyre Schock Stearns The SPEAKER pro tempore. In the Wasserman Carter Hensarling McMahon Schwartz Stupak Schultz Cassidy Herger McMorris Scott (GA) Sullivan opinion of the Chair, two-thirds being Waters Castle Herseth Sandlin Rodgers Scott (VA) Sutton in the affirmative, the ayes have it. Watson Castor (FL) Higgins McNerney Sensenbrenner Tanner Mr. BROUN of Georgia. Madam Chaffetz Hill Meek (FL) Serrano Taylor Watt Speaker, on that I demand the yeas Chandler Himes Meeks (NY) Sessions Teague Waxman and nays. Childers Hinchey Melancon Shadegg Terry Weiner Welch The yeas and nays were ordered. Clarke Hinojosa Mica Shea-Porter Thompson (CA) Cleaver Hirono Michaud Sherman Thompson (MS) Westmoreland The SPEAKER pro tempore. Pursu- Clyburn Hodes Miller (FL) Shimkus Thompson (PA) Wexler ant to clause 8 of rule XX and the Coble Hoekstra Miller (MI) Shuler Thornberry Whitfield Chair’s prior announcement, further Coffman (CO) Holden Miller (NC) Shuster Tiahrt Wilson (OH) proceedings on this motion will be Cohen Holt Miller, Gary Simpson Tiberi Wilson (SC) Cole Honda Miller, George Sires Tierney Wittman postponed. Conaway Hoyer Minnick Skelton Titus Wolf Connolly (VA) Hunter Mitchell Slaughter Tonko f Woolsey Cooper Inglis Mollohan Smith (NE) Towns Wu ANNOUNCEMENT BY THE SPEAKER Costa Inslee Moore (KS) Smith (NJ) Tsongas Yarmuth Costello Israel Moore (WI) Smith (TX) Turner Young (AK) PRO TEMPORE Courtney Issa Moran (KS) Smith (WA) Upton Crenshaw Jackson (IL) Moran (VA) The SPEAKER pro tempore. Pursu- Crowley Jackson-Lee Murphy (CT) NOT VOTING—11 ant to clause 8 of rule XX, proceedings Cuellar (TX) Murphy (NY) Barrett (SC) Cummings Schrader will resume on motions to suspend the Culberson Jenkins Murphy, Patrick Carnahan Filner Sestak rules previously postponed. Dahlkemper Johnson (IL) Murphy, Tim Clay Johnson (GA) Young (FL) Davis (AL) Johnson, E. B. Murtha Conyers McKeon Votes will be taken in the following Davis (CA) Johnson, Sam Myrick order: Davis (IL) Jones Nadler (NY) b 1638 H. Res. 612, by the yeas and nays; Davis (KY) Jordan (OH) Napolitano Davis (TN) Kagen Neal (MA) Messrs. LUETKEMEYER, TERRY H. Res. 469, by the yeas and nays; Deal (GA) Kanjorski Neugebauer and BRALEY of Iowa changed their H.R. 1037, by the yeas and nays; DeFazio Kaptur Nunes vote from ‘‘nay’’ to ‘‘yea.’’ DeGette Kennedy Nye H.R. 402, by the yeas and nays. So (two-thirds being in the affirma- The first electronic vote will be con- Delahunt Kildee Oberstar DeLauro Kilpatrick (MI) Obey tive) the rules were suspended and the ducted as a 15-minute vote. Remaining Dent Kilroy Olson resolution was agreed to. electronic votes will be conducted as 5- Diaz-Balart, L. Kind Olver The result of the vote was announced minute votes. Diaz-Balart, M. King (IA) Ortiz Dicks King (NY) Pallone as above recorded. f Dingell Kingston Pascrell A motion to reconsider was laid on Doggett Kirk Pastor (AZ) the table. Donnelly (IN) Kirkpatrick (AZ) Paul EXPRESSING SYMPATHY FOR VIC- Stated for: TIMS OF JUNE 22 METRORAIL Doyle Kissell Paulsen Dreier Klein (FL) Payne Mr. FILNER. Madam Speaker, on rollcall CRASH Driehaus Kline (MN) Pence 533, I was unable to vote, as I was in New The SPEAKER pro tempore. The un- Duncan Kosmas Perlmutter Edwards (MD) Kratovil Perriello York to receive an award from the National finished business is the vote on the mo- Edwards (TX) Kucinich Peters Association for the Advancement of Colored tion to suspend the rules and agree to Ehlers Lamborn Peterson People (NAACP). Had I been present, I would the resolution, H. Res. 612, on which Ellison Lance Petri have voted ‘‘yea.’’ the yeas and nays were ordered. Ellsworth Langevin Pingree (ME) Emerson Larsen (WA) Pitts f The Clerk read the title of the resolu- Engel Larson (CT) Platts tion. Eshoo Latham Poe (TX) HONORING WAYMAN LAWRENCE The SPEAKER pro tempore. The Etheridge LaTourette Polis (CO) TISDALE Fallin Latta Pomeroy question is on the motion offered by Farr Lee (CA) Posey The SPEAKER pro tempore. The un- the gentlewoman from the District of Fattah Lee (NY) Price (GA) finished business is the vote on the mo- Columbia (Ms. NORTON) that the House Flake Levin Price (NC) Fleming Lewis (CA) Putnam tion to suspend the rules and agree to suspend the rules and agree to the reso- Forbes Lewis (GA) Quigley the resolution, H. Res. 469, on which lution, H. Res. 612. Fortenberry Linder Radanovich the yeas and nays were ordered. The vote was taken by electronic de- Foster Lipinski Rahall The Clerk read the title of the resolu- vice, and there were—yeas 421, nays 0, Foxx LoBiondo Rangel Frank (MA) Loebsack Rehberg tion. not voting 11, as follows: Franks (AZ) Lofgren, Zoe Reichert The SPEAKER pro tempore. The [Roll No. 533] Frelinghuysen Lowey Reyes question is on the motion offered by Fudge Lucas Richardson YEAS—421 Gallegly Luetkemeyer Rodriguez the gentlewoman from the District of Abercrombie Berkley Boustany Garrett (NJ) Luja´ n Roe (TN) Columbia (Ms. NORTON) that the House Ackerman Berman Boyd Gerlach Lummis Rogers (AL) suspend the rules and agree to the reso- Aderholt Berry Brady (PA) Giffords Lungren, Daniel Rogers (KY) Adler (NJ) Biggert Brady (TX) Gingrey (GA) E. Rogers (MI) lution, H. Res. 469. Akin Bilbray Braley (IA) Gohmert Lynch Rohrabacher This will be a 5-minute vote. Alexander Bilirakis Bright Gonzalez Mack Rooney The vote was taken by electronic de- Altmire Bishop (GA) Broun (GA) Goodlatte Maffei Ros-Lehtinen vice, and there were—yeas 418, nays 0, Andrews Bishop (NY) Brown (SC) Gordon (TN) Maloney Roskam Arcuri Bishop (UT) Brown, Corrine Granger Manzullo Ross not voting 14, as follows: Austria Blackburn Brown-Waite, Graves Marchant Rothman (NJ) [Roll No. 534] Baca Blumenauer Ginny Grayson Markey (CO) Roybal-Allard Bachmann Blunt Buchanan Green, Al Markey (MA) Royce YEAS—418 Bachus Boccieri Burgess Green, Gene Marshall Ruppersberger Abercrombie Arcuri Bartlett Baird Boehner Burton (IN) Griffith Massa Rush Ackerman Austria Barton (TX) Baldwin Bonner Butterfield Grijalva Matheson Ryan (OH) Aderholt Baca Bean Barrow Bono Mack Buyer Guthrie Matsui Ryan (WI) Adler (NJ) Bachmann Becerra Bartlett Boozman Calvert Gutierrez McCarthy (CA) Salazar Akin Bachus Berkley Barton (TX) Boren Camp Hall (NY) McCarthy (NY) Sa´ nchez, Linda Alexander Baird Berman Bean Boswell Campbell Hall (TX) McCaul T. Altmire Baldwin Berry Becerra Boucher Cantor Halvorson McClintock Sanchez, Loretta Andrews Barrow Biggert

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17693 Bilbray Eshoo LaTourette Pomeroy Schiff Thompson (MS) [Roll No. 535] Bilirakis Etheridge Latta Posey Schmidt Thompson (PA) YEAS—422 Bishop (GA) Fallin Lee (CA) Price (GA) Schock Thornberry Bishop (NY) Farr Lee (NY) Price (NC) Schwartz Tiahrt Abercrombie Davis (AL) Jenkins Bishop (UT) Fattah Levin Putnam Scott (GA) Tiberi Ackerman Davis (CA) Johnson (GA) Blackburn Flake Lewis (CA) Quigley Scott (VA) Tierney Aderholt Davis (IL) Johnson (IL) Blumenauer Fleming Lewis (GA) Radanovich Sensenbrenner Titus Adler (NJ) Davis (KY) Johnson, E. B. Blunt Forbes Linder Rahall Serrano Tonko Akin Davis (TN) Johnson, Sam Boccieri Fortenberry Lipinski Rangel Sessions Alexander Deal (GA) Jones Towns Boehner Foster LoBiondo Rehberg Shadegg Altmire DeFazio Jordan (OH) Tsongas Bonner Foxx Loebsack Reichert Shea-Porter Andrews DeGette Kagen Bono Mack Frank (MA) Lofgren, Zoe Reyes Sherman Upton Arcuri Delahunt Kanjorski Boozman Franks (AZ) Lowey Richardson Shimkus Van Hollen Austria DeLauro Kaptur Boren Frelinghuysen Lucas Rodriguez Shuler Vela´ zquez Baca Dent Kennedy Boswell Fudge Luetkemeyer Roe (TN) Shuster Visclosky Bachmann Diaz-Balart, L. Kildee Boucher Gallegly Luja´ n Rogers (AL) Simpson Walden Bachus Diaz-Balart, M. Kilpatrick (MI) Boustany Garrett (NJ) Lummis Rogers (KY) Sires Walz Baird Dicks Kilroy Boyd Gerlach Lungren, Daniel Rogers (MI) Skelton Wamp Baldwin Dingell Kind Brady (PA) Giffords E. Rohrabacher Slaughter Wasserman Barrow Doggett King (IA) Brady (TX) Gingrey (GA) Lynch Rooney Smith (NE) Schultz Bartlett Donnelly (IN) King (NY) Braley (IA) Gohmert Mack Ros-Lehtinen Smith (NJ) Waters Barton (TX) Doyle Kingston Bright Gonzalez Maffei Roskam Smith (TX) Watson Bean Dreier Kirkpatrick (AZ) Broun (GA) Goodlatte Maloney Ross Smith (WA) Watt Becerra Driehaus Kissell Brown (SC) Gordon (TN) Manzullo Rothman (NJ) Snyder Waxman Berkley Duncan Klein (FL) Brown, Corrine Granger Marchant Roybal-Allard Souder Weiner Berman Edwards (MD) Kline (MN) Brown-Waite, Graves Markey (CO) Royce Space Welch Berry Edwards (TX) Kosmas Ginny Grayson Markey (MA) Ruppersberger Biggert Ehlers Kratovil Speier Westmoreland Buchanan Green, Al Marshall Rush Spratt Bilbray Ellison Kucinich Wexler Burgess Green, Gene Massa Ryan (OH) Stark Bilirakis Ellsworth Lamborn Whitfield Burton (IN) Griffith Matheson Ryan (WI) Stearns Bishop (GA) Emerson Lance Butterfield Grijalva Matsui Salazar Stupak Wilson (OH) Bishop (NY) Engel Langevin Buyer Guthrie McCarthy (CA) Sa´ nchez, Linda Sullivan Wilson (SC) Bishop (UT) Eshoo Larsen (WA) Calvert Gutierrez McCaul T. Sutton Wittman Blackburn Etheridge Larson (CT) Camp Hall (NY) McClintock Sanchez, Loretta Tanner Wolf Blumenauer Fallin Latham Campbell Hall (TX) McCollum Sarbanes Taylor Woolsey Blunt Farr LaTourette Cantor Halvorson McCotter Scalise Teague Wu Boccieri Fattah Latta Cao Hare McDermott Schakowsky Terry Yarmuth Boehner Flake Lee (CA) Capito Harman McGovern Schauer Thompson (CA) Young (AK) Bonner Fleming Lee (NY) Capps Harper McHenry Bono Mack Forbes Levin Capuano Hastings (FL) McHugh NOT VOTING—14 Boozman Fortenberry Lewis (CA) Cardoza Hastings (WA) McIntyre Barrett (SC) Filner Schrader Boren Foster Lewis (GA) Carney Heinrich McKeon Carnahan Hinojosa Sestak Boswell Foxx Linder Carson (IN) Heller McMahon Clay Hoyer Turner Boucher Frank (MA) Lipinski Carter Hensarling McMorris Conyers McCarthy (NY) Young (FL) Boustany Franks (AZ) LoBiondo Cassidy Herger Rodgers Delahunt Pence Boyd Frelinghuysen Loebsack Castle Herseth Sandlin McNerney Brady (PA) Fudge Lofgren, Zoe Castor (FL) Higgins Meek (FL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brady (TX) Gallegly Lowey Chaffetz Hill Meeks (NY) The SPEAKER pro tempore (during Braley (IA) Garrett (NJ) Lucas Chandler Himes Melancon the vote). There are 2 minutes remain- Bright Gerlach Luetkemeyer Childers Hinchey Mica ing on this vote. Broun (GA) Giffords Luja´ n Clarke Hirono Michaud Brown (SC) Gingrey (GA) Lummis Cleaver Hodes Miller (FL) b 1647 Brown, Corrine Gohmert Lungren, Daniel Clyburn Hoekstra Miller (MI) Brown-Waite, Gonzalez E. Coble Holden Miller (NC) So (two-thirds being in the affirma- Ginny Goodlatte Lynch Coffman (CO) Holt Miller, Gary tive) the rules were suspended and the Buchanan Gordon (TN) Mack Cohen Honda Miller, George resolution was agreed to. Burgess Granger Maffei Cole Hunter Minnick The result of the vote was announced Burton (IN) Graves Maloney Conaway Inglis Mitchell Butterfield Grayson Manzullo Connolly (VA) Inslee Mollohan as above recorded. Buyer Green, Al Marchant Cooper Israel Moore (KS) A motion to reconsider was laid on Calvert Green, Gene Markey (CO) Costa Issa Moore (WI) the table. Camp Griffith Markey (MA) Costello Jackson (IL) Moran (KS) Stated for: Campbell Grijalva Marshall Courtney Jackson-Lee Moran (VA) Cantor Guthrie Massa Crenshaw (TX) Murphy (CT) Mr. FILNER. Madam Speaker, on rollcall Cao Gutierrez Matheson Crowley Jenkins Murphy (NY) 534, I was unable to vote, as I was in New Capito Hall (NY) Matsui Cuellar Johnson (GA) Murphy, Patrick York to receive an award from the National Capps Hall (TX) McCarthy (CA) Culberson Johnson (IL) Murphy, Tim Association for the Advancement of Colored Capuano Halvorson McCarthy (NY) Cummings Johnson, E. B. Murtha Cardoza Hare McCaul Dahlkemper Johnson, Sam Myrick People (NAACP). Had I been present, I would Carney Harman McClintock Davis (AL) Jones Nadler (NY) have voted ‘‘yea.’’ Carson (IN) Harper McCollum Davis (CA) Jordan (OH) Napolitano f Carter Hastings (FL) McCotter Davis (IL) Kagen Neal (MA) Cassidy Hastings (WA) McDermott Davis (KY) Kanjorski Neugebauer PILOT COLLEGE WORK STUDY Castle Heinrich McGovern Davis (TN) Kaptur Nunes PROGRAMS FOR VETERANS ACT Castor (FL) Heller McHenry Deal (GA) Kennedy Nye Chaffetz Hensarling McHugh DeFazio Kildee Oberstar OF 2009 Chandler Herger McIntyre DeGette Kilpatrick (MI) Obey The SPEAKER pro tempore. The un- Childers Herseth Sandlin McKeon DeLauro Kilroy Olson Clarke Higgins McMahon Dent Kind Olver finished business is the vote on the mo- Cleaver Hill McMorris Diaz-Balart, L. King (IA) Ortiz tion to suspend the rules and pass the Clyburn Himes Rodgers Diaz-Balart, M. King (NY) Pallone bill, H.R. 1037, as amended, on which Coble Hinchey McNerney Dicks Kingston Pascrell the yeas and nays were ordered. Coffman (CO) Hinojosa Meek (FL) Dingell Kirk Pastor (AZ) Cohen Hirono Meeks (NY) Doggett Kirkpatrick (AZ) Paul The Clerk read the title of the bill. Cole Hodes Melancon Donnelly (IN) Kissell Paulsen The SPEAKER pro tempore. The Conaway Hoekstra Mica Doyle Klein (FL) Payne question is on the motion offered by Connolly (VA) Holden Michaud Dreier Kline (MN) Perlmutter the gentleman from California (Mr. Cooper Holt Miller (FL) Driehaus Kosmas Perriello Costa Honda Miller (MI) Duncan Kratovil Peters FILNER) that the House suspend the Costello Hunter Miller (NC) Edwards (MD) Kucinich Peterson rules and pass the bill, H.R. 1037, as Courtney Inglis Miller, Gary Edwards (TX) Lamborn Petri amended. Crenshaw Inslee Miller, George Ehlers Lance Pingree (ME) This is a 5-minute vote. Crowley Israel Minnick Ellison Langevin Pitts The vote was taken by electronic de- Cuellar Issa Mitchell Ellsworth Larsen (WA) Platts Culberson Jackson (IL) Mollohan Emerson Larson (CT) Poe (TX) vice, and there were—yeas 422, nays 0, Cummings Jackson-Lee Moore (KS) Engel Latham Polis (CO) not voting 10, as follows: Dahlkemper (TX) Moore (WI)

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17694 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 Moran (KS) Roe (TN) Speier The SPEAKER pro tempore. The Markey (MA) Pence Shuster Moran (VA) Rogers (AL) Spratt question is on the motion offered by Marshall Perlmutter Simpson Murphy (CT) Rogers (KY) Stark Massa Perriello Sires Murphy (NY) Rogers (MI) Stearns the gentleman from California (Mr. Matheson Peters Skelton Murphy, Patrick Rohrabacher Stupak FILNER) that the House suspend the Matsui Peterson Slaughter Murphy, Tim Rooney Sullivan rules and pass the bill, H.R. 402. McCarthy (CA) Petri Smith (NE) Murtha Ros-Lehtinen Sutton McCarthy (NY) Pingree (ME) Smith (NJ) Myrick Roskam Tanner This is a 5-minute vote. McCaul Pitts Smith (TX) Nadler (NY) Ross Taylor The vote was taken by electronic de- McClintock Platts Smith (WA) Napolitano Rothman (NJ) Teague vice, and there were—yeas 419, nays 0, McCollum Poe (TX) Snyder Neal (MA) Roybal-Allard Terry not voting 13, as follows: McCotter Polis (CO) Souder Neugebauer Royce Thompson (CA) McDermott Pomeroy Space Nunes Ruppersberger Thompson (MS) [Roll No. 536] McGovern Posey Speier Nye Rush McHenry Price (GA) Thompson (PA) YEAS—419 Spratt Oberstar Ryan (OH) Thornberry McHugh Price (NC) Stark Obey Ryan (WI) Abercrombie Conaway Tiahrt Heinrich McIntyre Putnam Stearns Olson Salazar Ackerman Connolly (VA) Heller McKeon Quigley Tiberi Stupak Olver Sa´ nchez, Linda Aderholt Cooper Hensarling McMahon Radanovich Tierney Sullivan Ortiz T. Adler (NJ) Costa Herger McMorris Rahall Titus Sutton Pallone Sanchez, Loretta Akin Costello Herseth Sandlin Rodgers Rangel Tonko Tanner Pascrell Sarbanes Alexander Courtney Higgins McNerney Rehberg Towns Taylor Pastor (AZ) Scalise Altmire Crenshaw Hill Meek (FL) Reichert Teague Paul Schakowsky Tsongas Andrews Crowley Himes Meeks (NY) Reyes Terry Paulsen Schauer Turner Arcuri Cuellar Hinchey Melancon Richardson Thompson (CA) Payne Schiff Upton Austria Culberson Hinojosa Mica Rodriguez Thompson (MS) Pence Schmidt Van Hollen Baca Cummings Hirono Michaud Roe (TN) Thompson (PA) Perlmutter Schock Vela´ zquez Bachmann Dahlkemper Hodes Miller (FL) Rogers (AL) Thornberry Perriello Schwartz Visclosky Bachus Davis (AL) Hoekstra Miller (MI) Rogers (KY) Tiahrt Peters Scott (GA) Walden Baird Davis (CA) Holden Miller (NC) Rogers (MI) Peterson Scott (VA) Walz Baldwin Davis (IL) Holt Miller, Gary Rohrabacher Tiberi Petri Sensenbrenner Wamp Barrow Davis (KY) Honda Miller, George Rooney Tierney Pingree (ME) Serrano Wasserman Bartlett Davis (TN) Hunter Minnick Ros-Lehtinen Titus Pitts Sessions Schultz Barton (TX) Deal (GA) Inglis Mitchell Roskam Tonko Platts Shadegg Waters Bean DeFazio Inslee Mollohan Ross Towns Poe (TX) Shea-Porter Watson Becerra DeGette Israel Moore (KS) Rothman (NJ) Tsongas Polis (CO) Sherman Watt Berkley Delahunt Issa Moore (WI) Roybal-Allard Turner Pomeroy Shimkus Waxman Berman DeLauro Jackson (IL) Moran (KS) Royce Upton Posey Shuler Weiner Berry Dent Jackson-Lee Moran (VA) Rush Van Hollen Price (GA) Shuster Welch Biggert Diaz-Balart, L. (TX) Murphy (CT) Ryan (OH) Vela´ zquez Price (NC) Simpson Westmoreland Bilbray Diaz-Balart, M. Jenkins Murphy (NY) Ryan (WI) Visclosky Putnam Sires Wexler Bilirakis Dicks Johnson (GA) Murphy, Patrick Salazar Walden Quigley Skelton Whitfield Bishop (GA) Dingell Johnson (IL) Murphy, Tim Sa´ nchez, Linda Walz Radanovich Slaughter Wilson (OH) Bishop (NY) Doggett Johnson, E. B. Murtha T. Wamp Rahall Smith (NE) Wilson (SC) Bishop (UT) Donnelly (IN) Johnson, Sam Myrick Sanchez, Loretta Wasserman Rangel Smith (NJ) Wittman Blackburn Doyle Jones Nadler (NY) Sarbanes Schultz Rehberg Smith (TX) Wolf Blumenauer Dreier Jordan (OH) Napolitano Scalise Waters Reichert Smith (WA) Woolsey Blunt Driehaus Kagen Neal (MA) Schakowsky Watson Reyes Snyder Wu Boccieri Duncan Kanjorski Neugebauer Schauer Watt Richardson Souder Yarmuth Boehner Edwards (MD) Kaptur Nunes Schiff Waxman Rodriguez Space Young (AK) Bonner Edwards (TX) Kennedy Nye Schmidt Weiner Bono Mack Ehlers Kildee Oberstar Schock Welch NOT VOTING—10 Boozman Ellison Kilpatrick (MI) Obey Schwartz Westmoreland Barrett (SC) Filner Sestak Boren Ellsworth Kilroy Olson Scott (VA) Wexler Carnahan Hoyer Young (FL) Boswell Emerson Kind Olver Sensenbrenner Whitfield Clay Kirk Boucher Engel King (IA) Ortiz Serrano Wilson (OH) Conyers Schrader Boustany Eshoo King (NY) Pallone Sessions Wittman Boyd Etheridge Kingston Pascrell Shadegg Wolf ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brady (PA) Fallin Kirk Pastor (AZ) Shea-Porter Woolsey The SPEAKER pro tempore (during Brady (TX) Farr Kirkpatrick (AZ) Paul Sherman Wu Braley (IA) Fattah Kissell Paulsen Shimkus Yarmuth the vote). There are 2 minutes remain- Bright Flake Klein (FL) Payne Shuler Young (AK) ing on this vote. Broun (GA) Fleming Kline (MN) NOT VOTING—13 b 1656 Brown (SC) Forbes Kratovil Brown, Corrine Fortenberry Kucinich Barrett (SC) Hoyer Sestak So (two-thirds being in the affirma- Brown-Waite, Foster Lamborn Carnahan Kosmas Wilson (SC) tive) the rules were suspended and the Ginny Foxx Lance Clay Ruppersberger Young (FL) Buchanan Frank (MA) Langevin Conyers Schrader bill, as amended, was passed. Burgess Franks (AZ) Larsen (WA) Filner Scott (GA) The result of the vote was announced Burton (IN) Frelinghuysen Larson (CT) as above recorded. Butterfield Fudge Latham ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Buyer Gallegly LaTourette A motion to reconsider was laid on Calvert Garrett (NJ) Latta The SPEAKER pro tempore (during the table. Camp Gerlach Lee (CA) the vote). Two minutes remaining on Stated for: Campbell Giffords Lee (NY) this vote. Cantor Gingrey (GA) Levin Mr. FILNER. Madam Speaker, on rollcall Cao Gohmert Lewis (CA) 535, I was unable to vote, as I was in New Capito Gonzalez Lewis (GA) b 1703 York to receive an award from the National Capps Goodlatte Linder So (two-thirds being in the affirma- Association for the Advancement of Colored Capuano Gordon (TN) Lipinski Cardoza Granger LoBiondo tive) the rules were suspended and the People (NAACP). Had I been present, I would Carney Graves Loebsack bill was passed. have voted ‘‘yea.’’ Carson (IN) Grayson Lofgren, Zoe The result of the vote was announced f Carter Green, Al Lowey Cassidy Green, Gene Lucas as above recorded. WILLIAM C. TALLENT DEPART- Castle Griffith Luetkemeyer A motion to reconsider was laid on Castor (FL) Grijalva Luja´ n MENT OF VETERANS AFFAIRS Chaffetz Guthrie Lummis the table. OUTPATIENT CLINIC Chandler Gutierrez Lungren, Daniel Stated for: Childers Hall (NY) E. The SPEAKER pro tempore. The un- Clarke Hall (TX) Lynch Mr. FILNER. Madam Speaker, on rollcall finished business is the vote on the mo- Cleaver Halvorson Mack 536, I was unable to vote, as I was in New tion to suspend the rules and pass the Clyburn Hare Maffei York to receive an award from the National bill, H.R. 402, on which the yeas and Coble Harman Maloney Association for the Advancement of Colored Coffman (CO) Harper Manzullo nays were ordered. Cohen Hastings (FL) Marchant People (NAACP). Had I been present, I would The Clerk read the title of the bill. Cole Hastings (WA) Markey (CO) have voted ‘‘yea.’’

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 9920 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17695 PERSONAL EXPLANATION a constituent who has been invaluable MEDICAL LIABILITY REFORM Mr. CONYERS. Madam Speaker, on July to Pennsylvania agriculture and has (Mr. PAULSEN asked and was given 14, 2009, I was not present and therefore served with distinction at Penn State permission to address the House for 1 missed the following votes: University. Dr. Robert Steele has been minute and to revise and extend his re- On the passage of H. Res. 612, had I been dean of the University’s College of Ag- marks.) present, I would have voted ‘‘yea.’’ ricultural Sciences since July 1, 1997. MR. PAULSEN. Madam Speaker, the On the passage of H. Res. 469, had I been Dr. Steele has been in charge of Penn cost of defensive medicine is a major present, I would have voted ‘‘yea.’’ State’s agricultural program, which in- factor for skyrocketing health care On the passage of H.R. 1037, had I been cludes 12 academic departments serv- prices for American families. Studies present I would have voted ‘‘yea.’’ ing more than 3,000 students. reveal some alarming facts: defensive Under Dr. Steele’s leadership, Penn On the passage of H.R. 402, had I been medicine costs the United States $170 State has performed significant agri- present I would have voted ‘‘yea.’’ billion per year; a third of cultural research, and I’m grateful for f the support that Congress has shown orthopedists, obstetricians, trauma COMMUNICATION FROM THE over the years for this important work. surgeons, emergency room doctors, and REPUBLICAN LEADER Specific programs at Penn State that I plastic surgeons can expect to be sued in a given year; liability concerns have The SPEAKER pro tempore laid be- proudly support include agricultural entrepreneurial alternatives, sustain- driven 7 to 8 percent of all OB/GYNs to fore the House the following commu- stop practicing altogether; and data for nication from the Honorable JOHN A. able agriculture, dairy farm profit- ability, improved dairy management 2006 show that 71 percent of all cases BOEHNER, Republican Leader: are either dropped or dismissed and U.S. CONGRESS, practices, and milk safety. Dr. Steele is stepping down as dean only 1 percent result in a verdict for HOUSE OF REPRESENTATIVES, the plaintiff; and yet it still costs an Washington, DC, July 14, 2009. and returning to the classroom. average of $25,000 just to defend a law- Hon. NANCY PELOSI, Thank you, Dr. Steele, for your many Speaker, U.S. Capitol, years of service and your dedication to suit even if no payment is awarded. Washington, DC. agriculture and higher education. I The results are higher premiums, less DEAR SPEAKER PELOSI: Pursuant to Section thank you, Dr. Steele, for your service access to treatments, and physician 4 of the Ronald Reagan Centennial Commis- and leadership. Pennsylvania agri- shortages in certain specialties. sion Act, (Public Law 111–25), I am pleased to culture is stronger for it. Any real health care plan must in- appoint Mr. Elton Gallegly of California as a clude long-overdue medical liability remember of the Commission. f Mr. Gallegly has expressed interest in serv- form. Without it, patients and doctors ENSURING THERE ARE ENOUGH alike will suffer, and the cost of health ing in this capacity and I am pleased to ful- MEDICAID DOCTORS fill his request. care for all Americans will continue to Sincerely, (Mr. BURGESS asked and was given go up. permission to address the House for 1 JOHN A. BOEHNER, f Republican Leader. minute and to revise and extend his re- f marks.) AMERICA’S 33 CZARS Mr. BURGESS. Madam Speaker, you WHAT HAS CUBA DONE? (Mr. KINGSTON asked and was given know we have a problem today in that permission to address the House for 1 (Mr. QUIGLEY asked and was given many patients who are enrolled in minute and to revise and extend his re- permission to address the House for 1 Medicaid really face a tough time find- marks.) minute.) ing a doctor who will accept their cov- Mr. KINGSTON. Madam Speaker, Mr. QUIGLEY. Madam Speaker, I erage. A recent article in my home- czarist Russia, 18 czars over a 300-year rise today to discuss our relationship town paper, The Dallas Morning News, period of time. Czarist Obama Nation, with our neighbor to the south, Cuba. I highlighted the troubles of a young girl America, 33 czars in 7 months, 33 czars applaud President Obama for his plan in north Texas covered by Medicaid. who are running policy from Guanta- to re-engage Cuba in a constructive She couldn’t find a doctor to treat her, namo Bay, to energy, to a $790 billion dialogue and support his first steps to stating that because of the lack of stimulus package, to a myriad of other that end. But I must ask, what has Medicaid doctors, ‘‘Medicaid patients things and yet none of them have gone Cuba done? often grow sicker while hunting for a before the United States Senate for Improving the relationship between doctor.’’ the United States and Cuba is some- We have an obligation to ensure that confirmation even though article II, thing I strongly support, but I do not Americans covered under Medicaid, section 2 of the Constitution says that support this partnership at any cost. who also happen to be some of our the President should seek consent and I must ask, what has Cuba done? poorest and neediest patients, children advice from the U.S. Senate before ap- Cuba is still imprisoning political dis- and American pregnant women, can see pointing important policy people to his sidents; Cuba still denies gay and les- the doctor they need to see when they Cabinet. bian citizens basic rights like freedom need to see them. Expanding the num- Now, we do appoint and have the of assembly; Cuba still forbids travel ber of Americans who qualify for Med- Senate confirm sub-Cabinet members, outside the country without official icaid without first making certain that deputy Cabinet members, a myriad of permission. there are enough doctors to see those judges—indeed hundreds if not thou- We cannot tacitly reward this behav- Medicaid patients is irresponsible and sands of people—but 33 people at a sal- ior by restoring normal relations with is a disservice to these individuals. ary of $172,000 each are running a par- Cuba without asking what has Cuba To avoid this crisis, I propose that allel government without consent and done. Our ultimate progress is up to the Federal Government undertake the approval. We need to stop this. Cuba, and our shared diplomacy must changes necessary to address the bar- f be a two-way street. riers of access to a doctor for any gov- LAUS DEO f ernment program. Throwing more Americans onto the rolls of govern- (Mr. GOHMERT asked and was given HONORING DR. ROBERT STEELE ment-run health care without first en- permission to address the House for 1 (Mr. THOMPSON of Pennsylvania suring that there will be a doctor to minute.) asked and was given permission to ad- see them is wrong. Coverage should Mr. GOHMERT. Madam Speaker, of dress the House for 1 minute and to re- equal access to a doctor and must be course we have heard our President say vise and extend his remarks.) part of the national health care debate. we are not a Christian Nation. People Mr. THOMPSON of Pennsylvania. I encourage the people to go to my can decide for themselves. But I Madam Speaker, I rise today to honor Web site, www.healthcaucus.org. thought it was worth pointing out that

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17696 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 when the Washington Monument, right This is a star worn by a young man cent goes to support smart power, down the Mall from us, was dedicated, who served in the Marine Corps of the which includes economic development, they put an aluminum-capped stone on Republic of Texas, and the lone star humanitarian aid, and diplomacy. it, four sides, there’s writing on all symbolizes for Texans that the solu- Madam Speaker, a 90/10 split favoring a four sides, but on the side that faced tion is, to our problem as a Nation, military option is a doomed strategy the Capitol were the Latin words just leave us alone. Let Texans run that has virtually no chance of suc- ‘‘Laus Deo,’’ Praise be to God. Texas. Stick to the Constitution. ceeding. Now, the reason they put that facing The Federal Government needs to To win the battle for Afghanistan, we the Capitol was so that every day when stick to the very limited powers set must show the Afghan people that the the first rays of God’s sun hit the very out in the Constitution and otherwise United States is helping build better first thing in this Nation’s Capitol, it leave us alone. Stay away from my lives for themselves. But after 7 years was the words ‘‘Praise be to God.’’ bank accounts, stay out of my pocket, of occupation, the Afghan people don’t Every morning, the first rays of God’s get off my back, out of my way. Stay see enough evidence that their lives are sun hit the first thing in the Capitol is away from my home, my family, my better now than they were before we ‘‘Praise be to God.’’ kids, my job, my church, my syna- arrived. In fact, in some ways, their Just thought you ought to know. gogue. lives have worsened. That’s because we f Let Texans run Texas. Let Ohio run relied almost exclusively on the military leg of the stool and ignored eco- REAL HEALTH CARE REFORM Ohio. That’s what these young men were fighting for in the Army of the nomic development and the other ele- (Ms. JACKSON-LEE of Texas asked Republic of Texas, and that’s what we, ments of smart power. As a result, and was given permission to address as fiscal conservatives, are fighting for some Afghans now join the Taliban out the House for 1 minute and to revise here today. of a sense of resentment and frustra- and extend her remarks.) tion. Some support the Taliban simply f Ms. JACKSON-LEE of Texas. Madam because they are poor and the Taliban Speaker, I rise today because we had a SPECIAL ORDERS will pay them. very important step in the history of The SPEAKER pro tempore (Ms. KOS- Mariam Nawabi, a former senior ad- America today. The House leadership MAS). Under the Speaker’s announced viser to the Afghan American Chamber announced a major initiative on health policy of January 6, 2009, and under a of Commerce and an activist for Af- care reform: the 47 million-plus and previous order of the House, the fol- ghan women, recently was asked what growing number of uninsured Ameri- lowing Members will be recognized for advice she would give President cans, the small businesses who get up 5 minutes each. Obama, and here’s what she said: ‘‘I would tell him to direct more money every day and create the economic en- f gine, the hardworking laborers who into economic development and the work every day, the children of Amer- ECONOMIC DEVELOPMENT IS THE creation of jobs. To end the violence, ica, just plain America is looking for- KEY TO SUCCESS IN AFGHANI- the money needs to reach the villages. ward to a health reform package that STAN If the money doesn’t get to the village gives a robust and vigorous public op- The SPEAKER pro tempore. Under a itself, there is no change and the young tion without decreasing quality that previous order of the House, the gentlemen are left without support and be- says to hardworking Americans, No woman from California (Ms. WOOLSEY) come fodder for the Taliban.’’ pre-existing disease or ailment in your is recognized for 5 minutes. Madam Speaker, we must redirect family will ever break you again. Ms. WOOLSEY. Madam Speaker, our mission in Afghanistan. We must That allows for the strength of the President Obama has said that our Na- shift our resources towards a civilian integrity of the Federal Government to tion’s policy in Afghanistan rests on a surge, a surge of experts and workers be a partner in working with those who three-legged stool. The three legs are: who can help the Afghan people to de- wish to choose their own insurance One, security, which means more velop their economy, and our military forces actually could be redirected to which they already have. It is a fair troops; two, economic development; support these efforts. We must also balance, and it is paid for. and three, helping the Afghan Govern- have a diplomatic surge, a surge that And so as we begin this debate, I’m ment to do a better job of serving the engages all of Afghanistan’s neighbors excited to be able to announce that needs of the Afghan people. in an effort to assist the Afghan people there will be savings, elimination of Last week, National Security Adviser fraud and abuse, the opportunity for and shore up the central government. James L. Jones gave a frank assess- In addition, we must develop a series real health care reform. ment about the strategy. He made it of rigorous metrics to evaluate the f clear that the most important leg of progress of these efforts and report the b 1715 the strategy is economic development. results to the Congress of the United This is what he said, and I quote him: OUR FINANCIAL INTEGRITY States and to the American people ‘‘This war will not be won by the mili- which will then send the message that (Mr. CULBERSON asked and was tary alone. We tried that for years. The our involvement in Afghanistan is not given permission to address the House piece of our strategy that has to work open-ended. We can also use this proc- for 1 minute and to revise and extend in the next year is economic develop- ess to develop a timeline for the full re- his remarks.) ment. If that is not done right, there deployment of our troops and military Mr. CULBERSON. Madam Speaker, are not enough troops in the world to contractors out of Afghanistan. this is a historic day but not for the succeed.’’ And finally, Madam Speaker, the reasons my colleague has just speci- Madam Speaker, I welcome Jones’ government of Kabul must eliminate fied. comments and agree with him com- corruption. They must respect the rule Today is the first day in American pletely about the importance of eco- of law and show that it is working on history the national deficit has reached nomic development. The administra- behalf of the Afghan people. $1 trillion. We in this Congress have an tion must commit more to the eco- Madam Speaker, the previous admin- obligation to do everything we can to nomic strategy. istration failed in Afghanistan because preserve the financial integrity of this Look at the supplemental funding it did not understand the importance of Nation for future generations, and as a bill for Afghanistan which Congress smart power. President Obama does. Texan, I know the solution is very sim- passed last month and which I voted That’s an important step forward. But ple. It’s one that is embodied in these against and you will see that we have our next step is to put smart power to wonderful stars which were worn by our priorities wrong. Ninety percent of work, which will bring peace to Af- soldiers in the Army of the Republic of the bill’s funding goes toward purely ghanistan, and it will strengthen Texas. military operations, while only 10 per- America’s national security.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17697 TAXES ARE THE ROOT OF ALL the energy supply and cause energy poor by economically killing the rich. FEDERAL MISCHIEF costs to go up. There is no transition It’s been said, You don’t make the poor The SPEAKER pro tempore. Under a fuel and no energy source to transition rich by making the rich poor. Madam previous order of the House, the gen- to for at least 10 more years. That’s not Speaker, taxes are the root of all Fed- tleman from Texas (Mr. POE) is recog- going to power our industries or fill eral mischief. nized for 5 minutes. anybody’s gas tank so they can even And that’s just the way it is. Mr. POE of Texas. Madam Speaker, get to work. f When the government took over Gen- the taxacrats are at it again, cooking b 1730 up new taxes to try to pay for the gov- eral Motors and put it into bank- ernment takeover of health care. This ruptcy, the small businesses nation- WE MUST SUPPORT AND DEFEND time they want to raise taxes on small wide that supplied the auto industry ISRAEL businesses. The so-called rich the took a big hit. Seat belt manufactur- The SPEAKER pro tempore. Under a taxacrats are targeting are America’s ers, floor mats, rearview mirrors, spark previous order of the House, the gen- entrepreneurs, the engine of the Amer- plugs, windshield wiper blades and tleman from New York (Mr. MCMAHON) ican economy. electrical wires and washers, including is recognized for 5 minutes. Madam Speaker, taxes are the root of hoses, belts and gaskets, all of the Mr. MCMAHON. Late Thursday, all Federal mischief. Businesses with parts and pieces that come together to Madam Speaker, the House stood in less than 500 employees produce half of make automobiles, were losing jobs. support of our friend Israel and the America’s gross national product and When big business files for bank- greater global community by providing account for the majority of our jobs. ruptcy, it affects the small businesses $2.2 billion towards Israel’s regional se- The taxacrats want to force these that supply them—small businesses, as curity and counterterrorism efforts. small businesses to buy health insur- you may recall, Madam Speaker, that More importantly, this appropriation ance for all of their employees, wheth- got no bailout. They weren’t important bill takes a firm stand against the ac- er they can afford it or not. And if they enough to keep from failing or politi- tive state sponsorship of terror by Iran don’t, they will have to pay stiff fines, cally influential with this administra- by cutting off U.S. export credits to and of course, that will kill jobs. tion, so they just went out of business. foreign companies that help to provide The taxacrats also want to take $540 When the new Government Motors put gasoline and other refined products to billion in taxes out of budgets of small hundreds of their dealerships out of the Islamic Republic of Iran. businesses to pay for their nationalized business, it hurt the local strip malls, Now I stand by the administration’s health care boondoggle. Small busi- restaurants, dry cleaners, grocery decision to engage Iran through nego- nesses need a tax break, not a tax hike. stores, sandwich shops, gas stations, on tiations. However, the United States Madam Speaker, it has always been and on, and that causes financial strug- must have something concrete to nego- the American entrepreneurial spirit gles for the industries who supply these tiate with first. For this reason, I have creating new small businesses that small businesses. strongly advocated for the use of sanc- have made this country work. There is Madam Speaker, America’s small tions to wean Iran away from its nu- an ebb and flow of businesses closing businesses offer the best hope for new clear ambitions. and new ones opening up. But these job creation. The government needs to As for Israel, it is our fellow democ- days, more are closing than opening. get out of their way. Stop sucking the racy, our tried and true ally. Sup- By the end of May, commercial bank- oxygen out of the economy with higher porting it is essential to the stability ruptcies were up 52 percent this year taxes and higher energy costs. Let and future not only of the Middle East, compared to the first five months of America’s entrepreneurs keep more of but of the world. And any democratic last year. their own money to pull the country nation that has chosen to treat Israel Eva Christian owns a popular Euro- out of this mess. That says it in a nut- as a suspect state, to impose on Israel pean-style restaurant called Cafe Bou- shell: let them keep more of their own embargoes and daunting deadlines for a levard in Dayton, Ohio. She is one of money. peace agreement, should know that its the 8,300 businesses that have already Taxacrats want to control America’s actions ultimately do damage to the filed for bankruptcy protection this economic engine; however, they want shared values that all democracies year. Eva is trying to keep her cafe to seize the wealth created in this espouse. open and her workers employed while country and spend it on their special Our alliance with our European part- she tries to work things out with credi- friends and special interest groups. ners should be held in high regard—and tors. She says that the rising cost of America’s economy doesn’t work that it is. Yet, we must consistently work food and energy combined with local way. No economy ever has. If the gov- to maintain this relationship. Yet, a unemployment have made it tough be- ernment seizes the wealth it created, recent decision by the United Kingdom cause her regular customers don’t that these businesses created, however, to revoke a number of arms export li- come around anymore. She cannot af- it kills any incentive to create wealth. censes to Israel following the Gaza war ford to be forced to give health care Just ask the former Soviet Union. Why may trigger similar decisions by other coverage to her employees, and her do you think they went out of busi- EU nations, and comes at a crucial ability to bounce back will be smoth- ness? Why would anybody in their time for Israel’s security. ered by the taxacrat not only health right mind invest money, blood, sweat, Following the failed Iranian elec- care proposals but new taxes on small and tears to build a company from tions in June, the Iranian regime has businesses. So she will just close up. scratch only to hand the fruits of their had its legitimacy wounded and its par- Making matters worse, the high cost labor over to the government? Govern- anoia increased. Many observers expect of energy is making everything cost ments don’t create anything. They just the regime to take a posture of in- more. The taxacrats refuse to expand seize it. They don’t create jobs. They creased repression at home and antag- the drilling for oil and natural gas here create taxpayer programs. onism abroad. In that dangerous envi- at home that would bring not only America’s economy is the most suc- ronment, Israel’s leaders have every prices down but create millions of cessful in the history of the world, and right to be concerned for their coun- American jobs and not send them to the reason is easy to figure out: free- try’s safety. Saudi Arabia. They want to kill the dom. Freedom to create and grow an While hope still exists for a free Iran, coal industry that supplies most of our idea into a company, a dream to make Europe, Israel, and the United States electricity. They don’t want to build it a multinational corporation. It must undoubtedly prepare for a more more nuclear power plants that provide makes no sense at all to kill the great- dangerous Iranian regime in the near limitless clean energy. Their solution est economy on God’s green earth, term. We must be ready for the possi- is to tax energy consumption on all along with the freedom and liberty bility that Iran will intensify its pur- Americans. All that will do is decrease that created it. You cannot help the suit of nuclear weapons to overcome

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17698 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 the embarrassment of the recent elec- nity will do the same. We must support uniformed servicemembers in the De- tions. and defend our friend Israel and end partment.’’ Incredibly, there seems to be a cer- the nuclear threat of Iran. Over the course of the Marine Corps’ tain line of thinking in the inter- f history, including their present-day national community that Iran poses no service around the world, those three WHAT’S IN A NAME? THE DEPART- threat. For example, the day after Iran words, ‘‘and Marine Corps,’’ have been MENT OF THE NAVY AND MA- tested a 1,200-mile range Ashura bal- earned through blood and sacrifice. listic missile and displayed the video RINE CORPS When the Department of the Navy footage to the world, a group of experts The SPEAKER pro tempore. Under a writes the families of Marines who at the East-West Institute released a previous order of the House, the gen- have been killed, their families deserve report on Iranian capabilities that tleman from North Carolina (Mr. to receive the letter from the Depart- made this astounding statement: JONES) is recognized for 5 minutes. ment of the Navy and Marine Corps. ‘‘There is no reliable information at Mr. JONES. Madam Speaker, I’m Madam Speaker, the Marines fight- present on the state of Iran’s efforts to pleased to report that 304 of my col- ing today deserve this recognition, and develop solid-propellant rocket motors leagues in the House, from both par- those who are part of the history of the and therefore no basis to make this as- ties, have joined me as cosponsors of Marine Corps deserve that recognition sessment.’’ H.R. 24, legislation to redesignate the as well. It is this very shocking failure to Department of the Navy to be known Madam Speaker, I want to close my prepare that puts Israel and the entire as the Department of the Navy and the comments by first saying to those in international community at risk. In Marine Corps. Iraq and Afghanistan, I ask God to this light, our European allies’ decision I’m grateful to Chairman IKE SKEL- please bless our men and women in uni- to place an arms embargo on Israel TON, who included the language of H.R. form. I ask God to please bless the fam- does not merely represent a double 24 in the National Defense Authoriza- ilies of our men and women in uniform. standard, it is decidedly harmful to a tion Act, which passed the full House And I ask God in his loving arms to democracy faced with the very real last month. This is the eighth year in hold the families who have given a prospects of a destructive nuclear a row that language to properly recog- child dying for freedom in Afghanistan neighbor. nize the Marine Corps has been in- and Iraq. Madam Speaker, I urge this Congress cluded in the House version of the bill. Madam Speaker, I close three times and the United States to make the Ira- Unfortunately, each year the language by asking God, please God; please God; nian regime pay a higher cost for its has been stripped in the Senate. please God, continue to bless America. nuclear weapons pursuit. If we needed This year, I’m grateful to have the f any further reminder, the protests in support of Senator PAT ROBERTS, a the streets of Tehran have made clear former Marine, who introduced the HONORING THE CAPE COD that words and actions mean very lit- same bill in the Senate, S. 504. With his BASEBALL LEAGUE tle to Ayatollah Khamenei. The threat help, I’m hopeful that this will be the The SPEAKER pro tempore. Under a from Iran demands an effective policy year that the Senate supports the previous order of the House, the gen- response—and our European allies are House position and joins in bringing tleman from Massachusetts (Mr. DELA- well-placed to formulate one with us. proper respect to the fighting team of HUNT) is recognized for 5 minutes. You see, even though Iran is an oil the Navy and Marine Corps. Mr. DELAHUNT. Madam Speaker, I exporter, its economy is highly depend- Madam Speaker, some people might rise today so that my colleagues in the ent on imported gasoline and other re- ask, Why is the change so important? House of Representatives can join me fined petroleum products. We need to Isn’t renaming the Department just in recognizing the Cape Cod Baseball embargo this trade. European compa- symbolic? What’s in a name? League of Massachusetts on its 125th nies are heavily involved in the Iranian Well, Madam Speaker, the name of anniversary. gasoline business. Policymakers need the Marine Corps represents more than Recognized as ‘‘the’’ summer colle- to stop this trade to end this nuclear two centuries of service alongside the giate league in the Nation, the Cape threat. If the Iranian regime faced Navy. Cod Baseball League today consists of damaging economic pressure from a What’s in a name? The flag raising at 10 franchises in two five-team divi- significant reduction in gasoline sup- Iwo Jima. What’s in a name? Scarlet sions. In its early years, during World plies, it may indeed change its course and gold; honor, courage, and commit- War I and World War II, the league was and an ever-present threat to Israel ment; and Semper Fi. What’s in a populated largely by young GIs fresh and to global security may be allevi- name? More than 1,000 Marines who from their service. The modern era of ated. have given their lives in serving in Iraq the league began in 1963, when it was I think we are all encouraged by the and Afghanistan. officially sanctioned by the NCAA. joint statement that came from the G8 As symbolic as a change in the name Throughout its existence, the League Summit in L’Aquila, Italy, expressing might be, this is a matter of respect has promoted to the big time,—‘‘the concern over Iran’s belligerence. And I and gratitude to the Marine Corps. The bigs’’—several Cy Young and Most Val- hope by the next G8 summit in Decem- Marines do not serve beneath the Navy. uable Player Award winners, as well as ber, the deadline set by the world lead- They are one fighting team. That is, Major Leaguers who achieved Hall of ers—our European allies included, we the Marine Corps and the Navy as co- Fame status, as well as decorated will see real international collabora- equal partners. scouts and managers, all of whom got tion to curb the threats of Tehran. This legislation is not about chang- their start on the fields of dreams on Nothing endangers peace more than a ing the responsibilities of the Sec- Cape Cod. refusal to face facts. Even as we set retary of the Department, reallocating Entering its 125th season, the League deadlines for when discussions with resources, or altering missions. Gen- continues to offer the most talented Iran might begin, let’s remember that eral Carl Mundy, the 30th Commandant baseball players from across the coun- they continue to enrich uranium and of the Marine Corps, summed up the try the opportunity to demonstrate that a deadline with real consequences need for this change when he said, their skills in front of Major League must be considered, along with engage- ‘‘This action will accurately align the scouts. As the pioneer among the Na- ment. Otherwise, engagement will be Secretary’s title with his present-day tion’s summer leagues—including, by manipulated as a mere tactic for delay. authority and responsibilities. As is, the way, the use of wooden bats—the I am glad that this House chose to the title is confusing. It is inconsistent Cape Cod Baseball League is truly face Iran and support Israel with its with the status of the four Armed Serv- America’s League. vote on Thursday, and I have high ices in the Department of Defense. And Young players learn the importance hopes that the international commu- it acknowledges only two-thirds of the of sportsmanship and teamwork not

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17699 only on the diamond and in the dugout, he served on the Elected Divan of emissions standards on American com- but also through the generosity of Cape Egypt Shriners in Tampa, Florida. His panies and energy producers, increas- Cod families who open their homes to Masonic affiliations include Egypt ing the cost of doing business and forc- host these young men during the sum- Shriners, Hillsborough Lodge No. 25 ing them to cede market share to over- mer season. F.&A.M., Tampa York Rite, Tampa seas competitors who will not be sub- At a time when the integrity of the Scottish Rite, Red Cross of Con- ject to these limits on carbon dioxide game is at risk, the Cape Cod Baseball stantine, Royal Order of Jesters, and emissions. I repeat: they will not be League continues to embody the golden National Sojourners. He also is a 33rd subject to these limits, and I’m talk- American tradition of wholesome en- degree Scottish Rite Mason. ing, of course, about China and India. tertainment. Our national pastime has Mr. Jones has earned many awards And now the same people who turned been kept alive in its most pure state, for his service with the Shriners, in- General Motors into ‘‘Government Mo- owing to the effort of this volunteer or- cluding the Benjamin Franklin Award tors’’ have set their sights on a govern- ganization, which enables fans to enjoy for the Grand Lodge of Pennsylvania, ment-controlled health care system games at no expense; where visions of the Henry Prince Medal from the that gives power to bureaucrats rather striped socks, crackerjacks, and lem- Grand Lodge of Massachusetts, and the than doctors, like myself, to make de- onade evoke feelings of nostalgia for Andrew Jackson Medal from the Grand cisions about your care. As we have the bygone days of America’s favorite Lodge of Tennessee. In 2006, he was pre- seen in Great Britain and Canada, the sport. sented the Imperial Potentate Award end result would be the virtual elimi- The Cape Cod Baseball League stands of Merit, which is the highest honor in nation of private health insurance and out as a national treasure that can the Shriners fraternity. the creation of a one-size-fits-all gov- captivate any spectator through an ex- In his new position, the Imperial Po- ernment health plan that would ration citing, competitive, nine-inning base- tentate will serve as chairman of the care by limiting the types of treat- ball game. Board of Directors for Shriners Inter- ments patients can receive. On this historic occasion, I am proud national and Shriners Hospital for to honor the Cape Cod Baseball League Children. I am certain that his im- Madam Speaker, instead of another for its 125 years of success and for its measurable talent and experience will government takeover, we need real so- well-established, beloved reputation greatly help the Shriners and the many lutions which will make health care among the Cape Cod family, both resi- people who benefit from their work. more affordable and more accessible dents and tourists alike. Congratula- Madam Speaker, I encourage all of while leaving critical choices and deci- tions to the players and to the volun- our colleagues to congratulate Mr. sions about their health where they be- teers in that organization, and may Jones on his election as Imperial Po- long, in the hands of patients and their you forever be ‘‘Where the Stars of To- tentate and recognize the contribu- physicians. morrow Shine Tonight.’’ tions that Shriners worldwide make to f f the betterment of our world. f HONORING MR. JACK H. JONES UNEMPLOYMENT, CAP-AND-TAX, REVISIONS TO THE 302(a) ALLOCA- The SPEAKER pro tempore. Under a AND AFFORDABLE HEALTH CARE TIONS FOR THE COMMITTEE ON previous order of the House, the gen- APPROPRIATIONS ESTABLISHED tleman from Florida (Mr. BILIRAKIS) is The SPEAKER pro tempore. Under a BY THE CONCURRENT RESOLU- recognized for 5 minutes. previous order of the House, the gen- TION ON THE BUDGET FOR FIS- Mr. BILIRAKIS. I rise today to honor tleman from Georgia (Mr. GINGREY) is CAL YEARS 2009 AND 2010 Mr. Jack H. Jones, who was recently recognized for 5 minutes. elected Imperial Potentate of Shriners Mr. GINGREY of Georgia. Madam The SPEAKER pro tempore. Under a International, which makes him the Speaker, after losing an additional previous order of the House, the gen- highest-ranking Shriner in the world. 467,000 jobs last month, our Nation’s tleman from South Carolina (Mr. I want to share with my colleagues, unemployment rate reached a 25-year SPRATT) is recognized for 5 minutes. many of whom may be unfamiliar with high of 9.5 percent. It is time for the Mr. SPRATT. Madam Speaker, under sec- the work of the Shriners, what they are administration and the Democratic tion 422(a)(2) of S. Con. Res. 13, the concur- all about. Shriners International is a majority to admit what the American rent resolution on the budget for fiscal year fraternity based on fun, fellowship, and people know all too well: the vaunted 2010, I hereby submit for printing in the CON- the Masonic principles of brotherly Democratic stimulus bill has failed to GRESSIONAL RECORD revised 302(a) allocations love, relief, and truth. There are ap- stimulate anything other than a few for the Committee on Appropriations for fiscal proximately 375,000 members from the Federal bureaucrats and the Chinese, years 2009 and 2010. Section 422(a)(2) of S. 191 temples, or chapters, in the United who are loaning us, with hefty interest, Con. Res. 13 directs the chairman of the States, Canada, Mexico, and Panama. I might add, those stimulus dollars. Committee on the Budget to adjust discre- When President Obama and the b 1745 tionary spending limits for certain program in- Democratic leadership rammed the tegrity initiatives when these initiatives are in- I am proud to be a Shriner and sup- 1,073-page stimulus bill through Con- cluded in an appropriations bill. The bill H.R. port their ongoing charitable efforts. gress without giving Representatives 3170 (Making appropriations for financial serv- Shriners International supports on either side of the aisle, much less ices and general government for the fiscal Shriners Hospitals for Children, a one- voters back home, a chance to actually year ending September 30, 2010, and for of-a-kind international health care sys- read it, they promised that the $1 tril- other purposes) includes an appropriation for tem of 22 hospitals dedicated to im- lion price tag would go to ‘‘saving or such an initiative in accordance with S. Con. proving the lives of children by pro- creating 3.5 million jobs.’’ Well, Madam Res. 13. A corresponding table is attached. viding specialty pediatric care, innova- Speaker, I must ask the question, tive research and outstanding teaching Where are the jobs? This adjustment is filed for the purposes of programs. Since 1922, Shriners Hos- To make matters worse, the House section 302 of the Congressional Budget Act pitals for Children have significantly passed the ‘‘Pelosi Global Warming of 1974, as amended. For the purposes of the improved the lives of more than 865,000 Tax’’ 2 weeks ago that will only make Congressional Budget Act of 1974, as amend- children. it harder for businesses and families to ed, this adjusted allocation is to be considered Mr. Jones has been involved with survive by piling an additional $3,000 as an allocation included in the budget resolu- Shriners for more than 30 years. He has on to every household’s energy bill. tion, pursuant to section 427(b) of S. Con. served as Imperial Recorder, part of This cap-and-tax policy, they call it Res. 13. the body that governs the Shriners. cap-and-trade, but it is a cap-and-tax Any questions may be directed to Ellen Prior to his election to that position, policy, would further impose artificial Balis or Gail Millar.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 9920 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17700 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 DISCRETIONARY APPROPRIATIONS—APPROPRIATIONS GENOCIDAL HEALTH CARE things. I know we have come much fur- COMMITTEE 302 ALLOCATION The SPEAKER pro tempore. Under a ther than this in our society. Millions [In millions of dollars] previous order of the House, the gen- of Americans believe that we are big enough and loving enough as a Nation BA OT tleman from Nebraska (Mr. FORTEN- BERRY) is recognized for 5 minutes. to embrace the mother and her unborn Current allocation: Mr. FORTENBERRY. Madam Speak- child and truly care for life. We can do Fiscal Year 2009 ...... 1,482,201 1,247,872 Fiscal Year 2010 ...... 1,088,059 1,306,759 er, recently the Secretary of State ap- better. We must do better. Women de- Change for program integrity initiatives: H.R. peared before the House Foreign Af- serve better than abortion, and Amer- 3170 (Appropriations for Financial Services and General Government): fairs Committee and confirmed that it ica deserves better from its leaders. Fiscal Year 2009 ...... 0 0 is the administration’s goal to include f Fiscal Year 2010 ...... 600 564 Revised allocation: abortion as an integral element of ‘‘re- ‘‘GOVERNMENT MOTORS’’ Fiscal Year 2009 ...... 1,482,201 1,247,872 productive health care’’ provided by Fiscal Year 2010 ...... 1,088,659 1,307,323 the United States overseas. This hear- The SPEAKER pro tempore. Under a ing came on the heels of the Sec- previous order of the House, the gentle- f retary’s words of praise for Margaret woman from Minnesota (Mrs. BACH- Sanger as a personal heroine. Margaret MANN) is recognized for 5 minutes. Mrs. BACHMANN. Madam Speaker, 2 THANKS AND FAREWELL TO LIZ Sanger was a notorious American eu- days after Independence Day, the re- BIRNBAUM genicist who advocated tirelessly for policies to eliminate persons she maining GM dealers in the United The SPEAKER pro tempore. Under a States received a letter from the Gen- previous order of the House, the gen- deemed inferior and unworthy to live, namely the poor, the immigrant, and eral Motors National Dealer Council tleman from Pennsylvania (Mr. BRADY) letting the dealers know that the Na- is recognized for 5 minutes. the black child. While the Secretary at the hearing tional Dealer Council strongly opposes Mr. BRADY of Pennsylvania. Madam did rightfully deplore the racist com- the Automobile Dealer Economic Speaker, in the frenetic pace we maintain in ments attributed to Margaret Sanger, Rights Restoration Act of 2009. It is Washington, we too seldom acknowledge the the administration’s policies regret- also called H.R. 2743. The letter urged invaluable role played by our staffs. As chair- tably continue to champion abortion all remaining GM dealers to sign the man of the Committee on House Administra- both here and abroad. This continues letter immediately, by no later than 5 tion, on this occasion I wish to note the recent despite the fact that more and more p.m. on Tuesday, July 7. They urged departure of my invaluable committee staff di- Americans oppose the practice, let the dealers to fax it back to the Na- rector, S. Elizabeth Birnbaum. alone using taxpayer dollars to fund it, tional Dealer Council urging that they Since her arrival in 2007, Liz has served the or imposing it on persons across the do not support passage of the restora- committee, the House and the country with world who may be weaker and more tion of economic rights. distinction, providing me and my colleagues vulnerable. I have nothing personally against GM with wise counsel honed during her years of Margaret Sanger’s world view should or Chrysler, Madam Speaker. These are service with the Department of the Interior; shock the conscience and evoke equal great American companies. But what I with the House Interior and Natural Resources condemnation from thoughtful persons do object to is the Federal Government Committee, as it was then known; as a tireless on both sides of the aisle. effectively taking over these once advocate for the health of our nation’s water- Madam Speaker, for this reason, I great companies. ways at the environmental organization Amer- was stunned to learn that in a July 12 Last Friday, GM emerged from bank- ican Rivers, and elsewhere. In addition to her interview with the New York Times, ruptcy, Madam Speaker, but do the policy advice, Liz also proved a strong, effec- Supreme Court Justice Ruth Bader American people even realize that they tive, compassionate leader for the committee Ginsburg echoed the sentiments of own a majority share in this company, staff from whom her colleagues could and Sanger. While explaining the outcome effectively 61 percent, which is why should have learned much during her tenure. of Harris v. McRae, a 1980 Supreme many people now call it ‘‘Government Madam Speaker, the House Administration Court ruling that upheld the Hyde Motors’’? Do they know that 3,400 pri- Committee may be the most important com- amendment, which disallows Medicaid vately owned dealerships were given mittee that many Americans have never heard funding for abortions, Justice Ginsburg pink slips essentially by the Federal of. We don’t write tax or spending bills, we said this, ‘‘frankly I had thought that Government? 3,400 dealerships were simply run this place. I can assure the House at the time Roe was decided, there was closed down all across the America, not that the committee could not have run this concern about population growth and because these dealers were failing? place for the past two years without Liz particularly growth in populations Hardly. In my district dealers were ex- Birnbaum. We grapple with dozens of adminis- that we don’t want to have too many periencing some of their best months trative matters every day, large and small, of.’’ ever for sales, high customer satisfac- each crucial to someone. Although I cannot be Madam Speaker, did you hear those tion and terrific service. certain, because she has so many from which words? Justice Ginsburg, I repeat, ac- Perplexed and bewildered, 3,400 auto- to choose, I suspect Liz might consider her tually said this, ‘‘There was concern mobile dealers across the United States greatest accomplishment to be her legislative about population growth and particu- were given pink slips essentially by the and oversight roles in the December 2008 larly growth in populations that we Obama Auto Task Force; 150,000 jobs opening of the Capitol Visitor Center, already don’t want to have too many of.’’ are estimated to be at risk of vanishing toured by nearly 1.5 million people. Madam Speaker, to whom was Jus- by this move. And with these jobs goes Liz will be greatly missed, but we can all tice Ginsburg referring? Who would a part of the American Dream for pri- take comfort that she will not be far away. The Justice Ginsburg prefer to not have vate property owners and business in President lured Liz back downtown to the Inte- live? It is unfathomable that in this our country. The remaining GM dealers rior Department, where she will direct the Min- day and age, a Justice of the United carved up the spoils. erals Management Service implementing the States Supreme Court would articulate Now let me be perfectly clear. I fault Administration’s policies concerning resources such a patently genocidal sentiment. none of these existing remaining GM on federal lands. While the committee’s loss is This is more of the same discredited, dealers. These actions weren’t their definitely the President’s gain, as Liz herself amoral philosophy of social engineer- fault. Our fear with government own- knows, Capitol Hill never lets go of alumni ing that offers no comfort, no vision of ing these car companies is that politics completely. So, on behalf of my committee, the common bond of all humanity, par- will control GM’s remaining decisions, the House, and the country, I thank Liz ticularly for those who are weak and not business. And now with this letter, Birnbaum for her dedicated service, wish her vulnerable among us. it seems that politics is prevailing. Ex- well in her next assignment, and fondly look Madam Speaker, it is with a very isting dealers are urged by GM to work forward to seeing her again soon. heavy heart that I have to say such against restoring economic rights to

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17701 the dealers who saw their businesses’ lost their jobs, but in southern Illinois, Mr. HIMES. Mr. Speaker, I rise to ad- value drained from them overnight. 14,000 other mine workers lost their dress the House this afternoon because, How can current GM dealers possibly jobs. This is very similar to what hap- like so many Members of this body, I stand up against GM when GM is the pened throughout the rest of the Mid- am engaged in a terribly important ex- Federal Government? Again, dealers western States. ercise of working to think through the are urged to sign a letter that will dis- The one that really is poignant be- next generation of regulation that will advantage their disenfranchised former cause the head of the Ohio Coal Asso- oversee the stability and health of our competitors. This is a bad business, ciation, the Ohio Mining Association financial services sector. This is a ter- Madam Speaker. And it perfectly illus- came before our committee and said, ribly important and challenging thing trates why we don’t want government after the 1990 Clean Air Act amend- that we do. We need to make sure that to own, operate, or control private ments, 35,000 coal mine workers lost we do what is necessary to have a vi- businesses. their jobs. And so that’s why those of brant, innovative, thriving financial us from coal-producing areas and those services sector that employs the people f of us who want low-cost fuel have come of Connecticut and the people of this THE NATIONAL ENERGY TAX to the floor and we fought so diligently Nation, that pays taxes in Connecticut The SPEAKER pro tempore. Under a in opposition to the national energy and to this Nation, but that we toe the previous order of the House, the gen- tax. line in such a way that we never find tleman from Illinois (Mr. SHIMKUS) is Now, if we want to move on the na- ourselves in the position that we are in recognized for 5 minutes. tional energy tax and if we want to today of tens and hundreds of billions Mr. SHIMKUS. Madam Speaker, I ap- limit the amount of carbon dioxide be- of taxpayer dollars being brought to preciate the time to come down to the cause the atmosphere has too much, the table to bail out a private industry floor and talk about the bill which re- wouldn’t it be important to ensure that that took too many risks. cently passed the House, the cap-and- the rest of the countries that are devel- And I rise this evening because I am trade, cap-and-tax national energy tax oping would also comply? But the bill concerned by the conclusion being drawn by some of the Members of this bill, which has a basic premise. The that passed the House had no provision, House, because our regulatory appa- basic premise says that there is too had no trigger to ensure that the num- ratus which, let’s face it, was crafted in much carbon dioxide in the atmos- ber one emitter of carbon dioxide the 1930s, failed in many respects. And, phere. The solution is to make sure would have to comply in a regime, and boy, did it fail in some spectacular as- that the emission of carbon dioxide is that’s China. Another major emitter of pects. The conclusion seems to be charged more, and that charge will de- carbon dioxide is India. They’re not in- drawn that government cannot regu- crease our reliance on that by forcing volved and responsible for moving to limit their emissions. So, for the late, that we should get out of the busi- people not to use fossil fuels. United States to go into and disarm ness, that we should leave the financial It sounds simple. It is not that sim- ourselves by raising our energy costs services sector entirely to its own de- ple. Fossil fuels is the basic against countries that compete with us vices, that somehow individual respon- foundational fuel for a thriving econ- because they can pay their employees sibility alone will create a stable and omy. And in this economy that we more, they don’t comply with environ- vibrant financial services sector. have today, the last thing we want to mental standards, now we are going to And so I want to hearken back to the do is slow that engine by raising costs. allow them to have cheaper energy, it history of this body and this govern- Energy is a component in the cost of is just a foolish proposition. ment crafting smart regulation. Think everything we do. Here in this Cham- So what have Republicans done? back 110, 120 years ago. American fami- ber, we appreciate the lights being on. We’ve come to the floor to talk about lies ate rotten food. They bought snake That currently is possible by fossil what really are the energy demands oil in the guise of pharmaceuticals. fuels. Whether that is coal or natural that we have in this country. We need They worked in factories that burned gas, fossil fuels help create that elec- to decrease our reliance on imported down and killed hundreds. They lived tricity. As we drive back and forth to crude oil. The cap-and-tax bill does in cities that were unsanitary. our districts, the gasoline is a fossil nothing to decrease our reliance on im- And over 120 years, 110 years, maybe fuel. If we are flying back to our dis- ported crude oil. starting with the fine Republican, tricts, the jet fuel is a fossil fuel. If we What we have proposed is making Teddy Roosevelt, this Nation said we add a cost on the use of fossil fuels, the sure that we take access of the Outer can do better. We can put in place cost for everything increases from the Continental Shelf, the oil and gas re- smart regulation that protects our citi- clothes that you wear to the food that serves there. The royalties then are zens and that adds to the quality of life you consume and to the houses that used not to continue to bring addi- of every American family. And, in fact, you build. tional taxes on the American people. that is what happened, and we haven’t The last time we went through envi- The royalties are used to expand wind gotten it quite right. There have been ronmental legislation that dealt with and solar power that is now developing spectacular failures. But over that 120 the Clean Air Act, there was great dev- throughout this country, which we sup- years, the efforts of this government to astation of jobs throughout the Mid- port because we want a diversified en- craft smart, efficient regulation hasn’t west. An example is this poster that I ergy portfolio. We want to make sure destroyed the economy. bring to the floor numerous times of we use our most efficient, cheapest The economic growth in this country United Mine Worker members from source that we have, which is coal. We over that period of time has been noth- Peabody No. 10 in Kincaid, Illinois. want to use it for electricity genera- ing short of spectacular. But it has pro- When the last Clean Air Act amend- tion, driving down electricity prices. tected American families. Very few ments were adopted, 1,200 mine work- We also want to use that to produce families anymore buy snake oil, buy ers in this mine alone lost their jobs. liquid fuel, so we have a competitor. securities that would put Madoff’s se- There is an effect by the legislation That is where we decrease our reliance curities to shame, find themselves that we pass here on the floor of this on imported crude oil. working in factories that burn down House. f and nobody gets out because the doors are locked. 110 years, 120 years of suc- b 1800 GOVERNMENT REGULATION OF cess, not unadulterated success. There And not only did it affect these indi- THE FINANCIAL SERVICES SECTOR have been failures. But over time, the vidual miners, but it affected all the The SPEAKER pro tempore (Mr. efforts of this country to put in place communities from which they have MAFFEI). Under a previous order of the smart and efficient regulation have come from because that was the major House, the gentleman from Con- helped this economy and have helped job creator in this county was those necticut (Mr. HIMES) is recognized for 5 the quality of life of American fami- who operated this mine. They not only minutes. lies.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17702 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 And that is what we must do. We It’s pretty easy to look around us, our campaign. She was severely dis- must not shrink from the task just be- look at the numbers and see why we abled, so severely disabled she was cause the SEC blew it on the Madoff have to take significant, decisive ac- wheelchair-bound. And she told me case or because other regulators tion to improve, to change our health that if she were not covered by SSI, she weren’t watching new and dangerous care system. Just a few weeks ago, Dr. would have spent, had to spend $3,000 a markets closely enough. We must not Christine Rohmer, who heads the month just on her prescription medica- shrink from the task of thinking White House’s economic team, testified tions, but because of SSI, she was able through what new round of financial before the House Budget Committee to manage her health care problems. regulation allows that industry to that if we don’t make significant steps Now, she had, and I hope she still thrive, allows that industry to provide to reform health care, to get a handle has, a boyfriend, and they wanted to credit to American families, to small on cost, to bring prices down, that get married. Her boyfriend worked at a businesses, to allow our economy to health care, which now comprises 17 supermarket company. He was making grow, but which never, ever puts us in percent of our economy, by 2040, would $11 an hour, which, to them, was a the kind of risky position that we’re make up 35 percent of our economy. great salary. But they couldn’t get working so hard to dig ourselves out of Well, you don’t have to be an econo- married, because if they got married, right now. mist or a health care expert to know she would lose her disability coverage, We can do this. There’s a century- that if health care takes up 35 percent and the company where her boyfriend long tradition of our working construc- of our economy, it’s going to squeeze was employed could not, would not put tively in that direction. So I know we out most of everything else. In short, it her on the policy because she was so can do this. The answer is smart, effi- is an unsustainable number. And we expensive to cover. cient, modern regulation for the ben- can go on and talk about the dramatic b 1815 efit of everyone and the benefit of this impact of Medicare and those types of economy. expenses on the Federal budget as well So what we have here are two people in love, wanting to get married, want- f as on the general economy. But what most people are concerned ing to start a family, wanting to do THE MAJORITY MAKERS AND about is not the big picture, not the what so many Americans want to do, HEALTH CARE macroeconomic picture; it’s the kitch- and because of a health care coverage The SPEAKER pro tempore. Under en table picture. It’s what happens in issue, they cannot get married. In this the Speaker’s announced policy of Jan- your household, what happens to indi- country, there is no excuse for that sit- uary 6, 2009, the gentleman from Ken- viduals, those people that we meet in uation. tucky (Mr. YARMUTH) is recognized for all segments of our society from one Time after time, all of us run into 60 minutes as the designee of the ma- coast to the other who have had sig- situations in which people are having jority leader. nificant difficulties with their health to make important life decisions based Mr. YARMUTH. Mr. Speaker, it’s a care system. They’re small business on whether there is the availability of great honor for me to be here tonight people who have seen their premiums health care coverage. There is someone to lead a discussion about the most rise 15, 20, 25 percent every year in who wants to leave a company and pressing and the most significant prob- spite of the fact that they have very wants to start a small business of his lem to most Americans, and that is the low utilization, healthy people. own—not able to do it because of cov- question of health care. I’m here with We’ve seen story after story of indi- erage. There is somebody who wants to Members of the class of 2006. We call viduals who, at 55 years of age, lose leave a situation, in which he or she ourselves the Majority Makers, and their job. They can’t get COBRA for a has coverage, in order to go back to from time to time we are here to ad- very long period of time. They don’t school to further his education and address matters of great national import qualify for Medicare. They try to go vance his prospects—can’t do it be- with you. But this is a very special out in the private market and buy in- cause of insurance coverage. We all topic for the class of 2006. surance, but at 55, most everybody’s know these scenarios all too well. I remember very well when I began going to have some kind of preexisting So this Congress and this President my campaign for Congress back then, condition that makes them, under cur- have set out to change the health care in 2006, when many of the headlines of rent, the current system, uninsurable. system in this country to make sure our Nation’s newspapers and our tele- We heard from a couple yesterday in that every American has peace of mind vision news operations were all about that exact same position. They came to and security where his or her health the Iraq war, and people would say to testify to Congress. A woman has had care is concerned. That’s what we’re me, Well, I guess everyone’s talking epilepsy since she was 5 years old. Her about, and that’s why we’re going to about the Iraq war to you. And I said, husband lost his job. Now they go out put health care back on the front pages No, nobody’s talking about the Iraq and try to shop for insurance in the and back as the lead story on Amer- war. It’s health care, health care, private market, but because she has ica’s newscasts over the next few health care. Everywhere I went, neigh- epilepsy, something totally beyond her weeks, because we are going to do for borhood picnics, Catholic picnics on control, obviously, the only insurance the American people what we know Friday night, festivals, businesses, policy she could get cost $2,600 a they want us to do and need us to do. schools, wherever I went, I heard story month. Now, how many people in this With that, I would like to yield to after story about how Americans were country can afford $2,600 a month for my good friend and colleague from fed up with the health care system that health insurance? $30,000 a year. Well, Maryland, Mr. SARBANES. was not serving them. In fact, it was, not very many. But these are stories Mr. SARBANES. I want to thank my in many cases, killing them. that are repeated time after time after colleague from Kentucky for orga- Well, here we are, 3 years later, and time. nizing this very important discussion while health care may not have been I have to tell one that was a personal today. on the front pages of the newspapers up experience of mine, and then I’m going We have got some terrific Members till now because we have a severe eco- to let my colleagues from the class of who have been very engaged in this nomic decline and many challenges 2006 contribute not just their stories health care topic for a long time, and I we’re dealing with, this Congress is about where health care needs to be say ‘‘a long time’’ because, even ready to put health care back on the fixed, but also what this Congress is though these are folks who came to front pages. And President Obama has proposing to do to set America on a this Chamber in January of 2007, all of already indicated that this is his top sounder course for health care. them are people who have been work- priority in his first time in office, and Back during my 2006 campaign, we ing on this issue for many, many years. the reasons that that is so are not hard had a young worker, a young woman in So this is going to be an important dis- to determine. her mid-twenties, was a volunteer in cussion tonight, I think a stimulating

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17703 one, and one that will be enlightening with respect to their health care cov- was arguing against our public option, to all of those folks who are very con- erage. Let’s treat people on the front the public option part of the proposal, cerned about where we are right now. end, and keep them from getting sick which basically is a government-run Today was an incredible day because in the first place rather than waiting plan that would compete with private today there was introduced in this for them to get sick on the back end. insurers and that would compete for Chamber the Health Reform Act, That makes common sense. The other your business, for the business of the which, I think, is going to form the thing is it invests in our health work- American people. He kept saying, We basis of moving us forward in a very force. If we are going to presume, as we don’t want Canada. We don’t want Can- meaningful and significant way in this should, to cover everyone in this coun- ada. We don’t want Canada with the country. This has been a long time in try and to provide them with health long lines and all of these things—all of coming, this day. We ran on this issue care coverage, we have got to make these myths that have arisen around in 2006, not because we made it up out sure that there are enough caregivers the Canadian system. of thin air but because everywhere we to deliver that care to them. I asked him if he knew how many went we heard from constituents and Let me close with this observation, countries in the world, how many in- members of the public who were saying which is what, I think, most Americans dustrialized nations, had a nationalized this was their number one issue. We are thinking to themselves. They’re health insurance system. He said all of ran on it again in 2008 because this was thinking: If America could have ac- them except the United States. How the number one issue that people complished all of the things that we’ve many have universal coverage? All of brought to our attention and because managed to accomplish over the last them except the United States. How of the stories like the one that JOHN few decades, even as we were carrying many have a blend of public and pri- YARMUTH just told. There are legions of this broken health care system around vate where you have a basic level of those stories that we’ve heard. on our backs, imagine what we could coverage provided by the government I mentioned that this was the num- accomplish as a society, as individuals, but where people can buy private insur- ber one issue in ’06 and ’08 for a specific if we could fix this health care system. ance to enhance their positions? He reason, and that is that there are some Imagine if your mother, who goes to said, Well, all of them except Canada. I on the other side and there are even work, who leaves a child at home who said, So you have chosen the one coun- some in the public who are saying has got a fever of 100 degrees, but you try in the world that is an outlier. He we’re moving too fast on this—slow don’t have to worry because you know used that to undermine the arguments down—that we need to take more time that your family has decent health for an American plan when we haven’t to deliberate. It’s a fair point, but only care coverage. Imagine how much more copied anything from Canada in this to a point, because the people who we productive you’re going to be at work country, that I know of, except hockey. were elected by and the people from that day. Imagine you’re a small busi- He really didn’t have a response to whom we hear every weekend when we ness that wants to do the right thing that. The point is you will hear a lot of go home to our districts have been for your employees, but you could these myths thrown out, and they real- clamoring for this kind of reform for never afford to do it, but now you can. ly don’t relate to what we’re doing or decades, and they really can’t wait to Imagine if you’re a large business are trying to do, which is to create a change the situations they’re in right that’s trying to compete with a com- uniquely American solution to a now. So this is a great day because, petitor overseas that has more of a uniquely American problem. after decades of struggle and after the shared obligation from the public and With that, I would like to yield time past few years when the call for this private sectors to help it with the cost to my colleague from Massachusetts, kind of change has reached a fever of health care. Imagine how much more Congresswoman NIKI TSONGAS. pitch, we are at this moment finally at productive and competitive you could Ms. TSONGAS. I want to thank my the point where we are putting legisla- be. colleague from Kentucky. tion on the table that is going to make So, given that America has been as It is an historic day, I think, to be a difference. successful as we’ve been all of these here, discussing the issue of health I want to yield soon to my colleagues years, even with this monkey we’ve care. You were talking about how who are here but let me just mention a been carrying around on our back, just many in our class campaigned on the couple of things and dispense with think of and just imagine the heights very important issue of health care. I some myths. we’re going to reach as a Nation and as came in at midterm—a year, maybe 10 You know, before we began this ex- individuals if we can fix this health months after you all had been elected— change, I heard a few folks who were care system. That’s what this bill is all as part of a special election process in critical of the proposal saying we don’t about. which the issue of expanding coverage need a government takeover. Well, this So I want to thank you, JOHN, my for children under the Children’s bill couldn’t be further from a govern- colleague from Kentucky, for con- Health Insurance Program was the de- ment takeover. What this is doing in a vening us today to talk about this fining issue. I ran on a campaign, as very American way is offering more very, very important issue. Let me many in my class did, to expand chil- choices out there. Too many Ameri- yield my time back to you. dren’s health coverage. Finally, we cans feel that they have been shackled Mr. YARMUTH. I thank the gen- have been successful this year with by a private health insurance industry tleman. President Obama’s signing that most that was more interested in seizing He raises a point that, I think, is ap- important legislation into law. profits for themselves than in really propriate to make at this time. We will I also happened to be running at a providing high-quality and accessible hear a lot over these few weeks as time when the new Massachusetts sys- care to most Americans. Folks are fed we’re going to be actively engaged in tem, which was designed to provide up with that. So we’re not talking this issue of trying to bring a bill to guaranteed access to affordable health about a government takeover. We’re the floor and of passing it before Au- care for Massachusetts residents, was talking about trying to get out from gust 1. You will hear a lot about the coming into play. We had many, many under the takeover that the private Canadian system, and you will hear a questions around the potential it would health insurance industry has had for lot of fear tactics being thrown at the have, around the difficulties it might so many years. That’s what this is debate because, right now, those people present and around the costs it might about. who are opposing what we are trying to impose. In fact, since we began that The second thing is that this bill in- do really have nothing but fear tactics most important system, 439,000 resi- vests in primary care and in preventa- to throw at it. dents of our State are now covered tive care. It does the kind of common- It’s interesting, because we had a with quality, affordable health care. sense things that the American people hearing in Ways and Means several This legislation created a mechanism have been calling for for so many years weeks ago. A gentleman was there who not unlike the exchange that we are

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17704 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 talking about in the legislation that crisis, where housing construction and standard policy that’s being sold in a was being proposed today, which cre- prices were falling through the floor, very competitive fashion, I believe we ates a place for people to go to assess and a financial crisis where the credit can drive down the price of your insur- the different possibilities of health markets completely froze up and went ance premiums by about 22 percent. care and to make sensible choices that into a medical coma—money wasn’t That’s a lot of money when the average make sense for them. being transferred between banks. He cost today is $1,200 to $1,400 a month What I learned from the Massachu- inherited a lot. He also inherited 3.7 for a family of four. setts experiment, which has become million people who had lost their jobs The third element, transparency. It’s very successful, is that, while we talk during the previous year. in the bill. The fourth element, incentives, financial incentives to begin to very much about what the role of gov- b 1830 ernment is, in Massachusetts, the role root out waste in the system. I believe, of government was to be the architect This economic recession that we’ve as many people here in Congress and of the system that brought everybody slipped into began under the watch of across the country believe, that we’re to the table—the employer, the indi- the previous President, and we have a spending enough money across this vidual and government—to sort out lot of fixing to do. It’s going to need a country now on health care. It just how best each player should play its doctor in the House to get things needs to find a better home. Since 47 role. Because we had that cooperative going. But we do have hope now be- percent is the overall overhead of the approach, which is what, I think, we cause we have a new way of looking at private insurance industry for small see in the legislation that has come to things. We’re taking a positive ap- business, that means that when a small the table today and the successes that proach, and we brought forward today business sends a dollar in to an insur- that has generated, I think it is a re- a bill that begins the process of healing ance company, 47 cents, in my view, is markable model that says there is a our fractured health care system. wasted. It’s wasted on the bureaucracy role for government but that every- Now when I ran for Congress and within that insurance industry. We can body has to play its most important when I got re-elected, I put together a and must do better. We must drive that part. health care advisory team in my dis- overhead down to 15 percent; and when So I think this is, really, a very ex- trict, in northeast Wisconsin, com- we do, we’ll save America $39 billion a citing day for our country. It is the be- posed of physicians, of medical people year which will go right back into our ginning of a process. I look forward to involved in hospital administration, in- economy. I am absolutely convinced, as reaching out to my constituents, who surance people, nurses, everybody are many Members here, that when we will have slightly different perspec- that’s involved in health care, and we reduce the cost of health care for ev- tives because of their experiences came up with 10 essential elements eryone by using the marketplace to le- under the Massachusetts model, and to that should be included in a successful verage things down, leverage the price getting their input as we go forward piece of Federal legislation. The first down, we’re going to stimulate our with the most important debate that and most important element was no economy because there are two big we are just beginning. I thank you for discrimination. We sought to apply our overheads right now for any small busi- beginning that today. constitutional rights that protect us ness. It’s called health care and energy. I apologize for not staying longer, against discrimination to the health If you’re in farming, if you are a small but the women of the House are play- care industry to guarantee that no one business on Main Street or the side ing a softball game later this evening, would suffer from discrimination, not streets, you’ve got an overhead that’s and I don’t want to be too late, even on the basis of the color of their skin health care, number one, and energy, though I’m only going to be cheering, but the chemistry of their skin or, in number two. So I’m very pleased to see because I don’t want to end up in the the case that you mentioned, the pa- that these essential elements are in hospital, in need of care, as a result of tient with epilepsy. We shall not dis- this bill. It’s a great day for America. my poor game-playing talents. So criminate against any citizen or legal It’s a very hopeful day. thank you for beginning this most im- resident based upon pre-existing med- I yield back. portant discussion. ical conditions, and that’s in this bill Mr. YARMUTH. I thank Dr. KAGEN Mr. YARMUTH. I thank the gentle- that was submitted today for our con- for his expert contribution. As we move lady, and I intend to be at the game sideration. forward, we will rely more and more on myself in a most supportive role. Now the bill may not be perfect. It those people who have been in the I would like now to introduce one of certainly hasn’t been read all the way trenches. And for someone who has the physicians of the House. Not too through yet. It’s only 1,018 pages. But been in the trenches and knows the long ago, there was an article in the it does have within it, ‘‘No discrimina- problems that face his patients and his New York Times that talked about the tion against any citizen or legal resi- colleagues in the medical profession, number of physicians here. They make dent due to pre-existing medical condi- we will be able to craft a much better an extraordinary contribution to our tions.’’ piece of legislation. So I thank him for efforts in this field and in many others. The second most essential element of his contribution tonight. So it gives me great pleasure to yield the Eighth Congressional District of Now it gives me great pleasure to in- to my good friend from Wisconsin, Dr. Wisconsin’s ideas was that we needed a troduce another individual who has KAGEN. standard plan, a health care benefit been focused on health care throughout Mr. KAGEN. Thank you, Congress- plan that was standardized such that his political career, a good friend from man YARMUTH. I appreciate the oppor- each and every insurance company Memphis, Tennessee (Mr. COHEN). tunity to join with you and with other would offer in the marketplace, by Mr. COHEN. Thank you. I appreciate Members of the class of 2006, the dif- openly disclosing the price, a standard the gentleman from Kentucky bringing ference-makers, the Majority Makers, plan. That’s in this bill. The idea is to up this topic and joining Dr. KAGEN, who brought a message of positive create competition, which doesn’t exist my colleague; Mr. SARBANES and Ms. change here to Washington in January today, create open and transparent TSONGAS, who was with us, in discus- of 2007. What happened is we had an- markets that don’t exist today because sion. other election in 2008, and we returned you can’t call up an insurance com- I look at the inscription that is over because we haven’t finished the job pany and ask for the price. They just the Speaker’s chair here in the United yet. don’t know what to charge you until States Capitol, and it’s Daniel Webster. There is an inheritance that our they find out how to cherry-pick you Daniel Webster says, ‘‘Let us bring the President, Barack Obama, has taken out or boost up your price. So no dis- resources of our Nation, our institu- on. I can’t think of another time in crimination and a standard plan are in tions together,’’ and may we do some- American history when a President in- this bill. When we do that, when we thing here that is worth remembering herited so much in crisis: the housing have an open marketplace with a and something worthwhile that may be

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17705 remembered. I can’t think of anything for through property taxes by citizens says it right here. Now if you order that would be more worthwhile to Dan- in an expensive manner. This will be that same pizza, what are you going to iel Webster’s spirit than we could do to eliminated. So for all those cities, in- pay? $12.50. Health care shouldn’t be have people remember this 111th Con- cluding mine, where we have The MED, much more complicated than that. The gress and to provide the health care a community hospital, a trauma center price is openly disclosed at the piz- that’s been sought for so many genera- that treats a lot of people that don’t zeria, and they don’t discriminate tions. have insurance at an expensive rate in against anybody. They are happy to I think back to Harry Truman who the emergency room, those people will take any customer on. And just like in really had this original concept and have insurance, and they won’t be com- health care, they’re only as good as wanted to see national health care. ing to the emergency room, and it their last performance. So they have to You think about what Mr. YARMUTH won’t cost our taxpayers as much compete for business. They compete talked about, the only industrialized which means that that trauma center with the Italian place down the street nation on the Earth that does not have will be available for trauma care, as it or the Greek restaurant or the Chinese health care for its people. It is the was intended. In case there is a dis- restaurant or just your home cooking. greatest country on the face of the aster, it will be available as well and So what we’re suggesting here is that Earth, but we don’t provide health that trauma center can survive. There we use the leverage of the market- care, and that’s somehow an omission won’t be this tax that’s put on every- place, that we have an open, trans- that this country has glaringly over- body for taking care of the uninsured parent and competitive medical mar- looked. Dr. King would certainly be in in uncompensated care, which hos- ketplace and guarantee universal ac- favor of such a bill because this is a pitals do, and just charge it to you in cess as we will do. The power of no dis- Nation that has forgotten so many for a higher bill that you get from your crimination, the power of equality, it so long, and we cannot continue to do physician or from your health care pro- is, after all, the foundation of our that and be considered the greatest vider. We’re paying for it but without country and our culture. It is equality country on the face of the Earth. any controls. So the system is really that we seek, not of outcomes, but equality of opportunity. I think it’s This bill that President Obama out of control. It needs to be re- time to apply that ‘‘no discrimination’’ talked about today, and has gotten strained. theme not just to the insurance world through the committees with Mr. MIL- Now Mr. YARMUTH talked about Can- LER, Mr. RANGEL, Mr. WAXMAN and ada. And I know that we probably don’t saying, No, you can’t cherry-pick and discriminate against someone because Speaker PELOSI, who have worked so want to compare anything we’re doing of a pre-existing condition. It’s time to hard on it—and there is a comparable here—except for hockey—to Canada. take our equality, our desire for equal- bill in the Senate—will see to it that But I was with a Canadian minister ity and no discrimination to the level we save money, $500 billion over the yesterday in Memphis—not a minister of the pharmacy counter. As a doctor, next 10 years in Medicare, securing for in the clerical sense but a government our seniors a Medicare system that will I can tell you, that is where the rubber official; and he told me that a lot of meets the road. If I write a prescription be affordable and available and offer people compare our system to yours, he quality care. It will see to it that we for a patient, and they can’t fill it be- said, ‘‘You know, our people live to an cause they can’t afford it, if it’s not on ferret out fraud and waste from the average of 81 years of age, and your system and make savings that will help their list, we haven’t done a thing. We people live to 78.’’ He said, ‘‘The in- haven’t improved that patient’s health. reduce our deficit that we’re presently crease in inflation in our health care is experiencing. So there is a fiscal mech- So we have to make certain that when 1 percent a year, and in your system you go to the pharmacy counter, anism to this bill as well. It will see it’s 10 percent a year.’’ He mentioned you’re going to pay the openly dis- that pre-existing conditions cannot be some other figures, and this was his closed lowest price that they accept as used, as Mr. YARMUTH’s couple was perspective. He said, ‘‘I wouldn’t trade payment in full from anybody. used as an example, to deprive people our system for yours for anything.’’ I’ll use just one other example, and of health care insurance. There is a lot Our system is the most expensive then I will yield back. Our veterans. of profit in the system now with adver- health care on the face of the Earth, Everywhere I go in Wisconsin, we sub- tisements on television, profits for in- but it’s not the best. And we’re paying scribe, we volunteer; but our veterans surance companies and tremendous sal- for it. And that’s wrong. Not enough didn’t go into combat and didn’t serve aries and profits that are there; and people get health care. I’m happy to be our country for themselves. They serve they need to be wrung out of the sys- a part of this Congress, to support this for our entire Nation. They didn’t serve tem. One way we’re going to do it is by bill with a strong public plan that will just for themselves; and yet they’re the having this public option plan compete see to it that we can compete with the ones that have the VA benefit of that and force insurance companies, if they insurance industry to keep their costs discount for their prescription drug. I intend to remain active in the market, down and to see that everybody has ac- think it’s time that the soldier’s wife to compete with a national system cess to health care as this plan will. or husband had that same benefit of that does not have those same costs I would like to yield to my Wisconsin that low-cost prescription drug and and will keep costs down. This will be namesake STEVE and, as my father was their children. And while we’re at it, more quality at a cheaper cost and a doctor, a fine doctor, Mr. KAGEN from what about their next-door neighbor? more people covered. You know, there Wisconsin. What about their community? What is a tax that we already have in Amer- Mr. KAGEN. Thank you, Mr. COHEN. I about the whole country? If we could ica. When you have 47 million people— want to thank you for your kind words use the power, the purchasing power of maybe 50 million at this point—with- about what we’re about to do together. these United States together in out health insurance and 14,000 more But let’s agree—we’re not Canada. leveraging down prices for everybody, people each month who lose their We’re going to have a uniquely Amer- we could have affordable prescription health insurance, when those people ican health care solution. I don’t think drugs once again. That would bring get sick, they still get care someplace, anybody in this body, I don’t think any equality to the pharmacy counter. It’s sometime, but it’s paid for by higher one legislator here, I don’t think any- something that needs to be defined insurance premiums, it’s paid for by one watching tonight or across Amer- very clearly in this piece of legislation. higher taxes. Where there are commu- ica would argue, we’re getting a menu. It isn’t there yet, but we’re going to nity hospitals, they go to emergency Now my son works at a pizzeria, and work together and hopefully get that rooms. You pay for it—the most expen- he’s a pretty darn good cook. This is done. sive care possible in an emergency Appleton’s First & Finest Pizzeria, Mr. COHEN. I would like to ask you room which wouldn’t be there if the Frank’s Pizza Place. Now if we all go two questions before we yield to an- people had insurance because they there together and we order a sausage other Member who wants to partici- could go to their doctors—and it’s paid 12-inch medium pizza, it’s $12.50. It pate. What’s going to happen with the

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17706 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 doughnut hole? The seniors are very stance, that if we don’t have reform, So I don’t want to get too much into concerned about the doughnut hole. it’s projected that the average family’s the weeds because I think over the Will we be working on that? cost will increase $1,800 per year for the course of this next 3 weeks as you come Mr. KAGEN. The answer is, yes, we foreseeable future. That’s unsustain- down here and the 30-somethings comes can, and yes, we will. By working to- able. We know that. down here and we all get ratcheted up gether, we can close the doughnut hole; So cost control through competition and we all lean on the doctor here to but it’s going to take the opportunity is the critical—and through changes we tell us, you know, how this works once and the power and the legality of hope that we can incentivize in the it hits the ground, but I think it’s im- leveraging down the price by using the way medicine is delivered, health care portant to know that some of the prin- government purchasing power. When is delivered and practiced in this coun- ciples here are that no one—once you we, the people, ban together in a pur- try, that we can make affordable, qual- get your health care—that with these chasing pool to leverage down the ity health care available to every new plans that you will be able to get prices for prescription drugs, we can American. into—your health care situation will get that price down. And I will give Mr. COHEN. Thank you, sir. not bankrupt your family; your health you one further hypothetical. If you Mr. YARMUTH. And, you know, this care system or your health care plan are the owner of a drug company sell- is supposed to be a conversation of the will not bankrupt your business. You ing a pill in Mexico City for $1, thank Class of 2006, but occasionally we adopt will have coverage. You will have some you for openly disclosing that product Members from other classes because we place to go. and that price. That is the price it know that they share the values that Now, that to me doesn’t seem like should be in New York State all the brought us to Congress. too big of an ‘‘ask’’ in America today And it’s now my great pleasure to in- way through to California and the ter- with all of the money that is in this troduce one of those colleagues, Mr. ritories. Show me your price, and give system. And I think that’s the beauty, RYAN from Ohio. every citizen and legal resident that Mr. RYAN of Ohio. I thank the gen- looking at the draft plan and knowing same lowest price that you accept as tleman. it has to go into all of the different payment in full. That’s the power of And just as all of you do feel, this is committees and get worked through, I the marketplace, and that is equality such a critical issue for our country. think the magic of what’s happening brought to the pharmacy. And we started coming to the floor in here is that a lot of the costs are going Mr. COHEN. Thank you, Dr. KAGEN. 2002, Congressman MEEK from Florida to be squeezed out of the current sys- Before I yield back to Mr. YARMUTH, I and I with the 30-something hour, and tem that has been inflicted because ev- would just like to ask him a question. we were talking about at that point eryone gets their little piece of the ac- If you have an insurance policy now Social Security privatization and just tion. And we are saying we squeeze it that you like, can you keep it? a reminder of what the world would and reinvest that money. Mr. YARMUTH. Oh, absolutely. I look like today if we would have And in many ways we look—we have think that’s the uniquely American privatized social security and if Demo- some kind of universal coverage now, element of this plan that is most im- crats weren’t here to prevent that from but it’s through the emergency rooms. portant to stress. No one is forced to do happening, where we would be now. That’s no way to administer health anything in this plan. If you like your But with what’s going on, my district care, Doc. No way to do it. It’s more coverage, if you have employer-spon- is in Akron and Youngstown, Ohio, expensive. sored insurance that you’re happy northeast quadrant. Very industrial. So what we’re saying is with the pre- with, you get to keep it. No change is Just a bit north from my friend in Ken- ventative proposals that are in here is necessary, no change is mandated. You tucky. that there’s no cost share to go check- get to keep your choice of doctors. You And when you look at what the prob- up; there’s no cost share to participate get to choose your hospital. These are lems that communities and families in any kind of the preventative meas- the fundamental elements that we con- are having to deal with there—an ex- ures that a specific plan may have sidered extremely critical to this legis- ample of steel companies that have that’s going to make you healthier, lation because we know many Ameri- closed, people, their pensions have that’s going to make sure that you get cans are satisfied with their health gone to the PBGC, some lost their pen- a prescription instead of end up in the coverage, and we don’t want to change sions altogether, some lost their health emergency room a week later and cost their situation. care altogether. Now we are dealing the whole system $100,000 when it could with, as the new GM moves forward, a have been taken care of for a $20 pre- b 1845 lot of the old Delphi folks weren’t inscription. That’s what we’re talking We want to make sure that everyone cluded in the new deal. So now they’re about here. is satisfied with their coverage, that left on the outside whether they’re And I’m sure there are going to be a everyone has coverage; and through union workers or salary workers that lot of TV ads. the competitive American spirit, that had put just as much time, effort, and I will be happy to yield to my friend. we think we are building, creating this intellect into developing Delphi and Mr. KAGEN. So if I understand you legislation, that we will be able to pro- General Motors over the course of the correctly, you’re saying if you’re a cit- vide the type of environment where years and now finding themselves left izen, you’re going to be in. If it’s in people who like what they have can behind with a $14,000 or $15,000 health your body, you’re going to be covered. keep it, people who don’t like what care bill. And would you also agree that much they have can shop for something that So what we are talking about here— like we had a systemic financial risk better suits their family’s needs; and why you’re coming to the floor, why with our financial meltdown, isn’t it that’s what the entire purpose of this I’m coming to the floor, why President also true with the crisis in health care, great legislation is. Obama is so forceful in persuading the with the impossible costs for everyone, Mr. COHEN. And if you keep it, you American people that this has to hap- it presents a systemic risk to our econ- are probably going to get it cheaper be- pen now, why Speaker PELOSI and Sen- omy and if we do not confront it, our cause where the uninsured will be in- ator REID are all on this issue is be- economy may be in shambles? sured, and you won’t be paying for cause this is an issue that the Amer- Mr. RYAN of Ohio. There is no ques- them through that hidden tax. ican people want. They know that they tion about it, and our economy is in Mr. YARMUTH. Well, I think that’s are paying too much for their health shambles now in part because of the the most essential part of this legisla- care. They’ve experienced the fear of burden that’s placed on a lot of the tion. If we can’t control costs in the having a pre-existing condition and businesses. health care system, if we can’t see to it trying to go out into the market and I remember about a year ago I was in that people get what they need at a trying to get somebody to cover them. a roomful of about 15 or 20 businesses, lower price, then we know, for in- They deal with this every day. primarily manufacturing businesses in

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17707 northeast Ohio, 50, 100, 200 people; and remain flat. That’s what we’ve seen and you never see the thousands like we were talking about health care, and over the last 10 years. The GDP in this her who end up showing up in the they were all talking about how their country is growing. I mean, we’re mak- emergency room with crisis care that health care costs went up 15, 20, 30 per- ing more stuff if you look at the 10- could have been prevented. That’s more cent depending on the situation of the year window. Obviously in the last 2 invisible costs, but it’s all there. people that worked at the factory. And years that has not been the case. But One last point, Mr. RYAN and Mr. when asked if they would somehow be in the last 10 years, GDP is growing, YARMUTH. willing to pay more and get health care but wages are staying right here. There People are going to hear the cost of off their books completely, would they are a lot of reasons for that. Some peo- these bills when they come out. be willing to do that, they were all ple up at the real high end of the in- They’re going to see that the cost of like, Sign me up right now. You mean come spectrum are pretty fat and the bill from the House is X billion dol- I don’t have to deal with this anymore? happy, but a lot of that is because all lars; the cost of the bill of the Senate I can focus on making this product of the extra money that companies are is X-plus-Y billion dollars. Here’s what that I make? making is going to pay health care you have to do. You have to look at And part of what we’re trying to do rather than going to their employees. that cost versus the cost of doing noth- here is to say get all of this waste out So that’s one way in which the costs ing. And every credible survey, every of the system, put it on the front end of our health care system are some- credible examination is going to tell where we can have prevention. Let’s times invisible, because employees just you this: That the cost of the bill that stop all of this stupidness of saying you assume that they don’t get wage in- we produce is going to be half of the don’t get any health care because of creases because their company didn’t cost of sitting and accepting the status whatever reason and you end up with make as many widgets that year or quo. That’s why we have to pass health the emergency room costs. Put it up didn’t sell as many pieces of product care reform here. front. Let’s squeeze the fat. Let’s bring line. No. A lot of the reason is that Mr. YARMUTH. I thank the gen- in PhRMA and take some of the sav- they sold more this year; they just tleman because he talked so much ings from there and help fill that donut took all of that extra profit and paid about the higher level of care at the hole the gentleman from Tennessee for health care. emergency room, most of which is un- The second thing is what you guys, was talking about earlier, and let’s get compensated for those providers and I’m sure, have been talking about al- ourselves healthy. are shifted to the private-pay cus- ready. It’s that we’ve got a system of And I yield back to my friend. tomers. I know there are estimates out universal health care in this country. Mr. YARMUTH. I thank the gen- there that indicate that there is some- It’s just the worst, most backwards, tleman for his very important con- where around a hundred billion dollars most inhumane, most inefficient, most tribution. a year that’s actually care adminis- unconscionable system of universal And someone else who’s been very tered in the emergency rooms to people health care system in the world be- much engaged in the development of by hospitals who do it as part of char- cause we basically say to people, We the legislation that was introduced ity work, but it’s all being shifted to will guarantee you health care—our today, the gentleman from Con- the people who are covered. Federal law guarantees you health care necticut, who’s a member of the En- So when we talk about a health re- but only when you get so disastrously ergy and Commerce Committee. I yield form plan that’s going to cost roughly sick that you show up to the emer- to Mr. MURPHY from Connecticut. $100 billion a year for 10 years, we’re al- gency room. Mr. MURPHY of Connecticut. Thank A woman in Connecticut came and ready spending that $100 billion. So it’s you very much, Mr. YARMUTH. So good testified before one of our State legis- not money new to the system, which is, to see my friend, TIM RYAN, back wear- lative committees, and she told a real I think in the example of we have plen- ing a path in a familiar spot on the simple story. And I’ve told it on the ty of money spent in this country on House floor speaking truth to the floor before. Had a pain in her foot. health care right now. American people. Had no insurance. Worked for a living. Mr. RYAN of Ohio. If the gentleman Listen, what you are talking about is Did everything she was supposed to. will yield. this invisible cost, Mr. RYAN, to the Just didn’t have insurance. She knew Mr. YARMUTH. I yield to the gen- health care system that we kind of pre- that she had some sort of infection so tleman. tend doesn’t exist. We didn’t get to 17 she knew what she was going to have Mr. RYAN of Ohio. Just for an exam- percent of our gross domestic product to pay for it. She was going to have to ple for Medicare Advantage. Fourteen by accident. We did that by ignoring go to the doctor, she was going to have percent overpayment on average for some fundamental problems in our to pay probably $100 for that visit, and Medicare Advantage, that is over what health care system. And the fact is she was going to get an antibiotic or Medicare pays. That is wasting the tax- that we kind of just, you know, boxed she was going to get some medication payers’ dollars. That’s the money we’re our ears and shut our eyes and tried to to make it go away. That was going to talking about that we can shift from sort of wish this problem away. be a couple hundred more dollars. She that current program into what Mr. Well, you know, every employee has didn’t have it. She knew she didn’t MURPHY was talking about earlier, started to feel this crunch, right? The have it. So she decided to just live with these kinds of cost savings that we percentage of their income that is de- the pain. need. voted to health care has inched up and Well, finally, one night it was just Mr. YARMUTH. I yield to the gen- inched up every single year. But a lot unbearable. She had to go to the emer- tleman from Wisconsin. of the costs they don’t see because em- gency room. So she showed up to the Mr. KAGEN. I’m glad you brought ployers out there are eating it and are emergency room, and it was too late. this subject up because not every Medi- paying these 10 or 12 or 15 percent in- That foot was infected so badly it had care Advantage plan is identical, and creases in health care premiums that to be amputated. And that’s a terrible, not every community is identical as they’re getting every year; and instead terrible outcome for that woman. well. And there are some areas of the of passing the cost of that in its en- Changes her life for the rest of her country where Medicare Advantage tirety over to the employee, they just time. But it cost the system the thou- plans, like in some regions of New don’t give as big a wage increase as sands of dollars that that surgery and York State and some regions of Wis- they might have that year, or maybe all of that follow-up care required consin, are very advantageous. They they don’t give any wage increase. versus the couple hundred bucks we have a lot of prevention planned in Maybe they actually furlough folks 1 could have gotten in preventative care them, and they’re not really over- day a month. up front. charging at all. They’re really bringing These health care costs that compa- We’re paying for that. You don’t see about all of the evolution in our health nies are taking on are causing wages to it because you never met that woman care system that you’d like to see,

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17708 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 squeezing out the waste and an empha- ing an energy bill on this floor, and And I want to yield to my friend sis on prevention and primary care. we’re right now engaged in the muck of from Tennessee because he caught me But no legislation is perfect. And trying to change this health care sys- before my friend from Wisconsin, but nothing that we codify in law here that tem. there was an article yesterday that was the President will sign will instill bet- I think it’s just worth reminding ev- brought to our attention about people ter judgment in every patient that is erybody out there how hard this is in technology businesses that, for going to exist. It still comes down to going to be, right, how hard it’s going whatever reason, want to go out and personal responsibility. We can’t pos- to be to try to reform a health care start their own business but can’t be- sibly instill all of the good judgment system where, as Mr. RYAN said, a lot cause someone in their family or they into our children, don’t you know. of money is being wasted. But that have a preexisting condition, so they b 1900 money that is being wasted, it’s not need to stay in their current job be- like you’re wasting heat in your house cause they don’t have the coverage So we have to have an understanding and it just sort of escapes into the at- when they could be out in the market of what our limitations are in terms of mosphere. using what’s best in America, the en- government. We have to set up the When we talk about wasting money, trepreneurship, to generate new em- table and set up the rules of engage- we talk about money that actually ployment. ment wherein we can have an open and ends up in people’s pockets, right, that Mr. COHEN. Before we yield back to transparent medical marketplace, makes them rich and creates their for- Mr. YARMUTH to close, I just want to allow the marketplace to do what it tune. So when we talk about saving thank Mr. RYAN for bringing up the does best, bring down prices for every- money within the health care system, issue of bankruptcy. I chair the Com- body and increase access. But it begins that involves taking on some pretty mercial and Administrative Law Sub- with this piece of legislation that we powerful institutions around this city committee of Judiciary, and next week had submitted today, with no discrimi- of Washington, D.C., and around this we’re going to have a hearing on bank- nation against anyone to preexisting country that are going to have to live ruptcies and health care. Health care is conditions and a standard plan, a plan with a little bit less in order to get av- the major cause of bankruptcies in this that guarantees if you get sick you will erage Americans a little bit more. country, and Elizabeth Edwards will be be in your house, not the poorhouse. And I think people are going to read one of our witnesses. Mr. COHEN. I was thinking of an old all these stories in the paper about, But when people go bankrupt because saying, and you might know where it boy, how long it’s taken to pass health of high medical bills, then other folks comes from. You know, an ounce of care reform and how tough it is to get lose out because they don’t get paid ei- prevention is worth a pound of cure, the Senate and the House to agree. Lis- ther. Merchants don’t get paid because and what was the origin of that? Does ten, when you are taking on one-sev- of that bankruptcy. So that’s another that not apply to the idea of having enth of the economy, when you’re tak- cost of not having this health care sys- wellness programs? ing on the industry which by years of tem, and I want to thank each of you. Mr. KAGEN. I thought it was my Republican neglect has allowed for Mr. YARMUTH. I’d like to yield grandmother. some big players in the health care in- Mr. COHEN. And I thought it was, again to the gentleman from Wis- dustry to make their fortunes off of the consin. too. But doesn’t that apply to this pro- fact that some people can’t afford it, Mr. KAGEN. I’d like to dovetail on gram where we have wellness programs then it’s going to take some time, both of these conversations and say now, and if you can pay for wellness going to take some heavy lifting to fix that Mr. RYAN from Ohio pointed out programs and preventative care, you a problem that has festered for a long the difference between health insur- don’t have to pay for that emergency time. ance and health care, and what we are room care? It’s as simple as a tradi- Now, the same thing is going to go talking about in this bill is health tional slogan like that, a saying comes for energy. That’s why energy is going care, getting the care that you need. from Saturday Evening Post or wher- to be so hard to do. It’s taking on a lot You have the choice, you’ve got the ever, an ounce of prevention is worth a of similar interests, but health care re- coverage, and you’ve got the costs pound, and that’s where we’re going to form is not just a nice, practical policy coming down. That’s exactly what this save a lot of money. discussion amongst intellectual peers. bill aims to do. Mr. KAGEN. The other thing, the This is about taking on some vested in- idea that was commonplace up until terests. Mr. YARMUTH. I appreciate all the this point in time is to divide and con- Mr. RYAN of Ohio. About 2 years comments from my colleagues, and I’d quer, and that’s what the insurance in- ago, I heard a number, and I think this like to close by reading a letter that I dustry did. They cherry-picked and is roughly correct, where the insurance received from a constituent of mine they separated neighbor from neighbor industry had increased their employ- who’s 10 years old. based on preexisting condition. They ment by maybe 5 or 6 or 7 percent, and It says: ‘‘Dear Congressman Yar- went so far as to separate a husband they decreased the amount of services muth,’’ My name is Matthew Gregory, and a wife based on medical conditions, that they were providing by, like, 25 or and I am a 10-year-old that lives in in some cases a mother from her child. 30 percent. So they were taking this Louisville, Kentucky. We’re going to have to go back to money, hiring people to knock people ‘‘I am writing this letter because I community, the community-based rat- off the rolls, to not cover, to make have a younger brother with autism, ings. We’re going to have to go back to them jump through these hoops. I call, and I want you to cosponsor the Au- community here in Congress where we I got denied. Well, I’m sick. I need to tism Treatment Acceleration Act.’’ reach across the aisle and work to- go now, call. I get denied. Call, you get Not the piece of legislation we’re talk- gether to solve these very complex denied. Then eventually maybe they ing about now, but relevant. problems. call us and maybe we make a call and ‘‘I would really appreciate the efforts I’m so very glad that this class of who knows what happened, you get you would provide to cosponsor the bill 2006 and our recent adoptee from Ohio lucky, you get somebody. that would help end autism insurance is taking on not just health care but But to your point, that person who’s discrimination. My parents spend energy and education. These are the hiring people, growing their business at $50,000 per year for my brother’s au- three essential problems that the the expense of all of these other people tism, and I think it’s a national crisis. President has been leading us on. is not the way this is going to keep ‘‘It seems like families that have not Mr. MURPHY of Connecticut. If I can going because America is better when had their State’s autism insurance just add something, Mr. KAGEN brings all of these people together are bills passed have to pay unnecessary in energy policy, and we just got healthier and more productive and par- expenses just because a child is dif- through a long, hard struggle of pass- ticipating in the system. ferent.’’

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17709 And here’s the kicker. ‘‘It’s just not So it strikes me that a health care fraud and abuse that it has, but if you fair, and this is a fair country and ev- system that most people even around add the Medicaid and Medicare money, erybody, no matter who they are, in- the world recognize as probably the if you take a look at the total money cluding my brother Eric, should be most sophisticated and the best quality we spent in health care, government’s treated equally.’’ health care system in the world, we’re doing about half of it right now, but So there you have it. A 10-year-old saying that it is full of muck and that we’re talking about having the govern- understands the essential unfairness of the system has to be completely ment do the rest of it. And so that’s the system we have now, the fact that changed around. where we’re going, and I think we need so many people are uninsured, the fact And so it’s okay if you want to be- to take a look at that. that so many people pay too much for lieve these promises, that what’s going When the government does take over the insurance they have, have to make to happen when the government takes various things, what tends to happen? life decisions based on whether they over the health care system is that it’s Is it noted for its efficiency? Well, usu- can get insurance or not, and that’s going to cost less money. The trouble ally what happens when the govern- what this Congress is determined to is the Congressional Budget Office ment takes over programs is you get correct. doesn’t say that and the estimates of tremendous excess in amount of spend- We have an historic opportunity here the costs don’t say that. And the ing. You get a lot of bureaucratic ra- to create a just, fair health care sys- States that have tried using the same tioning. These are typical things in tem, one that is affordable and sustain- approach that’s being proposed here government programs. There’s an inef- able for this country and which will nationally, they don’t say that either, ficiency and a degraded quality. Those make sure that every American citizen because those States are almost bank- are the kinds of things that history has the health care he and she needs rupt for trying to do this kind of a sys- would tell us happens when the govern- for their families well into the future. tem, and yet, we’re going to try to ment takes something over. That’s f copy those bad examples. what’s being proposed here. Make no We are just actually a few weeks, a doubt about it, what’s being proposed HEALTH CARE REFORM couple, 3 weeks away from dealing with is the government is going to take over The SPEAKER pro tempore. Under the other big problem that the Admin- the health care system. And that has the Speaker’s announced policy of Jan- istration has identified, which is the left people with this particular quip uary 6, 2009, the gentleman from Mis- fact that the climate and the Earth is that, if you think health care is expen- souri (Mr. AKIN) is recognized for 60 going to get worse and worse, hotter sive now, just wait until it gets to be minutes as the designee of the minor- and hotter, and we are going to melt free. Then you will see what real ex- ity leader. down. So we’ve got to deal with the pense means. Mr. AKIN. Well, good evening, Mr. problem of global warming by, what Well, let’s take a look at how well Speaker and my friends. We have just would you expect, a very, very large this has worked in the past. One way heard from the Democrats talking tax increase, the largest tax increase in you can tell whether it’s a good idea to about their new foray into solving all the history of our country. I guess it make a move or to do something par- the problems with health care, and was about $787 billion. That was the ticularly is to take a look at other peo- boy, did it sound good to me. I have to largest tax increase that we’ve done. ple who have tried the same thing. say it really sounded good. We did that. The State of Massachusetts decided The promises, essentially what I was It was an 1,100-page bill that was in 2006 that they were going to require hearing talk about, first of all, the brought to the floor, and then at 3 universal health care coverage that’s costs are coming down and you’re o’clock in the morning, in a special very much like the current Democrat going to get free medical care and the committee hearing, another 300 pages plan where people are required to pur- quality of the care is going to go up. of extra text were added to the 1,100 chase specific levels of health insur- And gosh, if you were given a proposal pages, and the 300 pages being in the ance. like that, I don’t see why anybody form of amendments to had to be col- b 1915 wouldn’t say, Yeah, let’s just march lated and put into the 1,100 pages. So, right ahead with socialized medicine. as we were debating this wonderful bill Well, here’s what happened. Health Let’s let the government run it because on the floor, they were busy trying to care costs have risen 42 percent since they’re going to bring the costs down, collate this amendment that had been 2006—42 percent increase. Now we were they’re going to give you free medical passed, 300-page amendment, at 3 just hearing from the Democrats that care, and you’re going to get even bet- o’clock in the morning. They’re busy this thing isn’t going to hardly cost ter coverage than you get now. trying to collate that. So, as we’re de- anything. This is going to be a break- I also was hearing the fact that they bating it here on the floor about to even because there’s so much effi- talked about the muck of our health take a vote on it, there isn’t even a ciency. care system and how bad the health copy of the bill that we’re going to Well, what sort of efficiency is a 42 care system is, and how, if we don’t im- vote on. percent increase? And yet, health care mediately pass this legislation, that So here we go again. Perhaps we did access is down and the patients have to things are going to get even worse. But learn from our last experience that it’s wait more than 2 months to try to get what we have in front of us is this ab- easier to pass something that people to see a doctor. So, is this the kind of solutely euphoric view of a great don’t know what it is. And so here we thing that we think is going to im- health care system. go now with about 1,000 pages of bill in prove what most people think is the Well, first thing off that strikes me is terms of what we’re going to do to have best health care system in the world? a little bit of a problem with common the government take over 20 percent of Health care costs now up in Massa- sense, the first is, if our health care the U.S. economy. The health care chusetts, they’re 133 percent of the na- system were so bad, then it would seem business is about 20 percent of the tional average. Well, that doesn’t seem like, to me, that Americans would be money that’s spent in America. It’s to me to be producing these glorious going to some foreign country to get about 20 percent, or close to it, of our results that I hear the Democrats talk their health care. But what I’m observ- economy, and now we’re going to have about. ing is that if I got sick—and I have the government take—well, if you take I just don’t think that these people been sick—the place that I’d like to be a look at it, about half of it the govern- may have gotten over their euphoria treated is in good old U.S.A. I don’t ment’s already running with Medicare from just managing to put 1,100 pages, want to go to Canada. I don’t want to and Medicaid. So we’ve had some expe- with 300 pages that nobody could read go to Great Britain. I don’t want to go rience with the government running or know what it was, and pass that to France or Sweden. I don’t want to go these programs. within a day of the three o’clock in the to Russia. No, I’d like to be sick right The Medicaid program, of course, is morning when they made the amend- here in this country. noted for the tremendous amount of ments.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17710 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 So here we go again. We’re going to be able to get care. There’s another er from HHS, the Department of Health see if we can’t pass another 1,000 or issue where we agree with our Demo- and Human Services, to form a man- 2,000-page bill this week or next week— crat colleagues. But where we don’t aged care plan for the State. and it’s a lot easier to pass them when agree is how they propose to do it, be- And what happened was, it was a plan people don’t read them. cause they want a top-down, govern- that was very rich in benefits, much I’m joined here this evening by some ment-controlled, one-plan-fits-all, like you’re seeing in this plan and that very, very good friends of mine and you’re-just-one-little-cog-in-a-very- we heard discussed last hour. Provided some people who’ve done a number of large-wheel plan. And that’s what the a lot of benefits but not much access, years of study on the health care issue. bill they introduced today will do. we found out. I think that we need to talk a little bit I have to ask a question. I think that And what happened was, this plan, about this. Before we go racing off to the biggest issue in the health care de- this public plan paid only about 60 per- make some snap decisions, I think that bate is cost. Most Americans are pretty cent. Now it pays less than, I found out we need to do that. satisfied with their health insurance. the other day, less than 60 percent of I’m joined by a number of my col- Eighty-three percent say they’re the costs of actually providing the leagues. I would yield to the gen- happy. But every American is con- care. Medicare pays about 90 percent. tleman. If you want some charts, help cerned about cost. So businesses and individuals made a yourself. And I listened when the Democrats perfectly logical decision. They This is Congressman SHADEGG. He’s introduced their bill today. And the dropped their private coverage, and from Arizona. chairman of my committee, Mr. WAX- about 45 percent of the people who are Mr. SHADEGG. I just want to put up MAN, said the big issue here is cost. on TennCare had private health insur- some charts, if I could. We have got And so the Democrats are going to fix ance coverage, but chose to drop it. boring charts here. Well, that was fine until we got the I want to thank the gentleman for that cost. Now I don’t quite understand how bill in the State. What happened was yielding. And hopefully we can do this the bills kept piling up until they con- where we are all in a conversation and they’re going to fix that cost by raising sumed more of the State budget than no one of us talks in a monologue. taxes $1.5 trillion to create a massive education did. That makes it more interesting. new government, one-size-fits-all I want to thank the gentleman for health care plan. Mr. AKIN. Reclaiming my time for a standing up. I, like he, watched the But I really, really have this burning minute. One of the troubles with doc- Democrats in their Special Order that question. Anybody in America can an- tors is you guys are so smart, you go preceded this. And I thought some swer it, anybody in the room can an- pretty fast. You’re going to have to things were very interesting. On the swer it, any of my Democrats col- slow this down. one hand, there are things that I think leagues out there watching tonight can What happened was the State govern- we agree on. Our Democrat colleagues answer it. Please show me the last ment said, We’re going to give you said that it is tragic when someone has time when we got government involved medical insurance. And so a bunch of a preexisting condition or a chronic ill- and took over a private sector activity, people signed up for that. Then the ness and because of that preexisting that the cost of something went down. companies that had the private insur- condition or illness they can’t get care. Mr. AKIN. Just reclaiming my time, ance, they dropped theirs because you That’s one of the reasons why we Re- gentleman, I think you have asked an could go get the freebie stuff from the publicans believe that the health care absolutely great question, because we government. Then, guess what hap- system in America desperately needs just heard an hour from the Demo- pened? The government stuff got really to be reformed. And the health care bill crats. That was their whole point. expensive and now the State’s in trou- put forward by every Republican that I Their whole point is: We’re going to ble. know of says we need to make sure somehow make the costs go down, We have a Congresswoman that I that every American with a preexisting which is a little hard to reconcile with greatly respect, Congresswoman condition or a chronic illness can get a $1.5 trillion estimate. We saw 3 weeks BLACKBURN from Tennessee also. Do health care costs at roughly the same ago that we jammed through the big- you have some more facts? I mean, you price as Americans who are healthy. gest tax increase in the history of this lived with it. I yield. Indeed, I introduced and the Congress country. What was it—a $787 billion tax Mrs. BLACKBURN. Well, I thank the passed a number of years ago a bill on energy? Anybody who flips the light gentleman for yielding. Dr. ROE is ex- called the State High Risk Insurance switch is going to get taxed. And that’s actly right. He was a physician prac- Pool bill that encouraged all 50 States just a drop in the bucket compared to ticing medicine or trying to practice in America to create high-risk pools so what we want to spend. And somehow medicine under the impact of that for someone for whom they have this is supposed to be efficiency. That TennCare. I was a legislator trying to an illness and that illness or that really stretches long on the conscience. figure out how to pay for this as a chronic condition has caused their We have a number of medical doctors member of the Tennessee State Senate. health care cost to rise and they either here today, and what I was just think- Mr. AKIN. Wait a minute. The Demo- can’t get health care at all or they can ing about, Dr. ROE is from Tennessee. crats just said this is going to be really only get health care at an extraor- Did you put a program similar to this cheap. It’s not going to be hard to pay dinary high price, they have the option into Tennessee, and did you find that it for. of going into a State high risk pool and really helped the economy of your Mrs. BLACKBURN. That’s one of the getting health care at the same cost. State? I’d like to yield a little bit of interesting things. You know, Ten- That’s not an issue that divides us. time, then go to the doctor from Geor- nessee’s TennCare program was put in That’s an issue we agree on. gia as well in just a moment. place in 1994 as the test case for public In addition, they expressed concern Mr. ROE of Tennessee. I certainly option, government-funded, govern- about those who are uninsured in don’t want to take credit for putting ment-delivered health care. The inter- America. The bill that I’ve cospon- that in. esting thing now is the White House sored, and I see several of the gentle- Mr. AKIN. I wasn’t going to blame doesn’t want to talk about it because it men and ladies who have cosponsored you for that, gentleman. is an experiment that was not success- it with me today, the Ensuring Health Mr. ROE of Tennessee. What hap- ful. It failed. Even our Democrat Gov- Care for All Americans Act, that bill pened in Tennessee was we had a lot of ernor has said it has been a disaster. provides health insurance for every sin- uninsured in Tennessee, and it was a Mr. AKIN. Reclaiming my time, the gle American. It says we are going to very noble goal of trying to cover as Governor of the State said it was a dis- provide care to everyone. many people as we could. And we had a aster in Tennessee? And our Democrat colleagues say, standard Medicare plan like most Mrs. BLACKBURN. Yes. And one of Yeah, we think every American should States do now. We got a Medicare waiv- the things we need to realize is this.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.001 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17711 TennCare was put in place as an execu- And the Governor ran in 2002—our either the Statehouse or the State sen- tive order program of the Office of the Democratic Governor—his platform ate in the State of Tennessee. And Dr. Governor. It was an 1115 waiver from was fixing TennCare. Fixing what 6, 8 ROE was charged with keeping his oath CMS. The Statehouse and the State years later was a mess in the State of and making certain that he was pro- Senate got the bill of paying for it. Tennessee. viding care to those that were in his What happened after about 5 years of Now there are good parts of this plan, care. this program being in place, and you as we pointed out. Things we will agree b 1930 had consent decrees and court orders, on. And I do want to show the public you had companies that were dropping one thing. I almost broke my printer in But what we saw, again, was the cost insurance, 55 percent of the enrollees the office this afternoon. But this is shifting that was taking place, the cost on the program were people that were the bill that came out this afternoon, of the insurance to those in the private not supposed to be there. They had pre- just to give you an idea what we’re markets going through the roof. viously had insurance. going to talk about in the next couple I have employers in my State senate And you had a program that was en- of days. district and now in my congressional suring or covering—gold-plated pro- Mr. SHADEGG. I believe it’s 1,100 district who have seen, over a 3-year gram covering 25 percent of the State’s pages long. period of time, their health insurance residents. Then the cost starts to bal- Mr. ROE of Tennessee. It’s 1,100 cost go up 100 percent. We also saw de- loon. You see cost shifting taking place pages. layed care. And as the gentleman from onto those who have private insurance. Mr. SHADEGG. The discussion draft Arizona knows, delayed care might as You see restricted access by doctors was 600 pages. This is 1,100 pages. And well be denied care. and hospitals because they’re not being if they do what they did on cap-and- Mr. SHADEGG. Would the gentlelady paid by the program, because there’s trade, it will explode on the day of the yield just on that point? not enough money to go around, and vote to what, 1,400 pages with the last- Mrs. BLACKBURN. I do yield. the cost of the program goes to the minute 300-page amendment. Mr. SHADEGG. By the way, our col- point that they are actually absorbing Mr. ROE of Tennessee. This is where leagues are saying, let’s go to a Cana- every single new revenue dollar that is the devil is in the details, right here. dian-style system, something that gets coming into the State of Tennessee, Mr. BROUN of Georgia. Will the gen- the government more involved. Well, and ends up being 36 percent of the tleman yield? we all know Canada has a single-payer State’s budget. Mr. ROE of Tennessee. Yes. system. Some of us believe that those Mr. SHADEGG. Would the gentlelady Mr. BROUN of GEORGIA. It’s inter- on the other side of the aisle want to yield? esting. After our last series of votes I create exactly that, a single-payer sys- Mrs. BLACKBURN. I’ll gladly yield. was walking into my office. As I went tem, but they just want to transition Mr. SHADEGG. I just want to make into the Cannon House Office Building, to it. sure I understand this. So, our Demo- there was a Democrat engaged in this I think it is very important, you said crats colleagues say the big issue here process. that the right to access to care is not is cost. Costs are going up too fast. The Mr. AKIN. Just reclaiming my time the right to care. Actually that is ex- President said it’s unsustainable. for a minute, I’d like to introduce the actly what the Supreme Court of Can- In Tennessee they put in a govern- gentleman, because you’re a medical ada ruled about their single-payer sys- ment-run plan, got the government in- doctor also. You got in the business to tem. The chief justice, and this is on volved, substituted the private market, practice medicine. You’re not from this chart next to me, which I thank and costs did not go down? Tennessee. You’re from Georgia. But the gentlelady for allowing me to put Mrs. BLACKBURN. Costs sky- Dr. BROUN is a respected expert on the up, Chief Justice Beverly McLaughlin rocketed. And we saw the costs go up subject of health care because you have of the Canadian Supreme Court said in every single year. As Dr. ROE can tell been doing it all your life. And I’m just an opinion, which was issued in 2005, you, having been a physician trying to thankful that we have you here. I’d access to a waiting list is not access to handle this issue, every single year the like to you to continue commenting health care, an opinion in which the costs went up on the public option, the where we are because this is a very im- Supreme Court of Canada ruled that access was restricted, the quality of portant discussion. you couldn’t be forced to stay in their care was diminished, and those with Mr. BROUN of Georgia. Thank you, system, you had to be given the right private insurance saw their rates go up Mr. AKIN. It was humorous to me—ac- to get outside of the government pro- 10 percent, 15 percent. tually, sad to me—because this Demo- gram and get the care you need. So to Mr. AKIN. Reclaiming my time, what crat, she said to me that all they’re the point the gentlelady was making, you’re depicting sounds like to me is going to do is cover those who are not access to a waiting list is not access to one of those things they used to do, insured with this public option and health care. they charge people money. They get a give them the opportunity to buy into Mr. AKIN. Reclaiming my time a sec- railroad track with two huge steam lo- this public option if they don’t have in- ond, now this supreme court justice, comotives, they charge them money, surance. And I told her, How are you she was no right-wing conservative? and they’d run them. It was a classic going to keep companies from can- Mr. SHADEGG. She was no right- train wreck. celing their insurance and from people wing conservative. It sounds like basically what hap- being shifted over? That’s going to in- Mr. AKIN. By political standards of pened was the government engineered a crease the cost of insurance for every- America, she would be considered lib- train wreck in health insurance. body else, and so you’re going to see eral. Yet she is saying that this social- Dr. ROE, you were the doctor—you’re just a continual shifting. ized system doesn’t work. And access, a medical doctor. I assume you got into Isn’t that, Dr. ROE or Mrs. BLACK- just because you have insurance, the doctoring business because you BURN, isn’t that what you all saw in doesn’t do you any good. You can have wanted to take care of people. What Tennessee? a free C-section, but if you have to wait was it like to be there? Mrs. BLACKBURN. I thank you. I 12 months, it doesn’t do you much I yield. will give a brief answer to that and good. Mr. ROE of Tennessee. Well, one of then I know Dr. ROE will also want to Mr. SHADEGG. If you have to wait 12 the things when I got to Congress here comment on it. It’s so wonderful that months, it doesn’t do you much good at and I began to hear the plan, I said, we can talk from the perspective of a all. I believe our colleague could com- Well, we tried that already in the State State senator who was charged with ment on that more credibly than we of Tennessee. This is nothing new. It holding that program accountable, could. failed. And can you say failed? It was a even though it was set up without the I just want to make the point: We disaster. permission, without the permission of don’t want this. We Republicans want a

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17712 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009

system that responds to patients. We So, I do a CBC, 12 bucks, 5 minutes. Congresswoman BLACKBURN and Dr. want patient-centered care. We don’t CLIA shut my lab down. I had to send ROE, Congressman ROE, have described want to give Americans access to a patients across the way to the hospital. to us; and as their Democratic Gov- government waiting list. We want to They got a waiver. It cost $75 and took ernor said, it was a complete abysmal give them access to actual health care. 2 to 3 hours for one test. Now do you failure. Mr. AKIN. I yield back to Congress- see what that does across the whole Mr. AKIN. We are going to repeat man BROUN from Georgia. I think you health care system? It markedly in- this? Please continue. had the floor for a moment there, and creased the cost. Mr. GINGREY of Georgia. If the gen- then I’m going to go to Congressman Congress not just a few years ago tleman will continue to yield, and yet GINGREY, another medical doctor we passed HIPPA, the Health Insurance we are going to repeat this now on a have joining us. We have a lot of doc- Portability and Privacy Act. That has grand national scale. tors here tonight, and I’m very thank- cost the health care industry, thus in- I want to just take a few minutes to ful for your expertise, my friends. surance and all of us, billions of dol- talk about what the Blue Dog Demo- Mr. BROUN of Georgia. I thank Mr. lars. It has not paid for the first aspirin crats said to their leadership just last AKIN for yielding again to me. to treat the headaches it has created. week in a letter that was sent to the I want to come back to something It was totally unneeded legislation. It Honorable NANCY PELOSI, Speaker of that my dear friend JOHN SHADEGG said was totally unneeded because we could the House, Madam Speaker, and the where he is talking about cost. I just have done something to make insur- Honorable STENY HOYER, the majority wanted to inject here something that ance portable without going that leader of the Democrats. And 40—I happened in my medical practice when route. think there are 52 Members of the Blue I was practicing down in southwest So, government intrusion into the Dog Coalition of Democrats, those Georgia. And what I’m fixing to say is health care system and Medicare pol- Members who are a little more con- going to point out that government in- icy is what has driven up the cost for servative than the typical moderate to trusion in the health care system is everybody. And it comes back to what liberal Democrats, and basically these what has driven up the cost for every- Mr. SHADEGG was saying about asking 40 Members, 40 out of 52, and there are body, whether they are private insurers a question, could any of us answer the a number of things in their letter, but or public insurers on Medicare, SCHIP question about has government’s being I just want to go over a couple. One of or Medicaid. involved in any area decreased the the provisions that they say that abso- Back a number of years ago, I was in cost. And the answer is ‘‘no.’’ It has in- lutely needed fixing in this bill before private practice. I had a one-man office creased the cost markedly for the they could support it is small business with several employees. And I had a health insurance of everybody else. protections. fully automated lab in my office. A pa- And it is going to in this too. Here is what it says: Any additional tient would come in to see me with a Mr. AKIN. Reclaiming my time, I requirements for employers must be red sore throat, running a fever, aching think you have really given us several carefully considered and done so within all over, coughing, runny nose and very concrete examples in the health the context of what is currently of- white patches on their throat. In my care business where the government in- fered. Small business owners and their fully automated lab, I would do a CBC, volvement has basically run the cost of employees lack coverage because of a complete blood count. I could do that health care up. That is not a big sur- high and unstable costs, not because of in 5 minutes and charge $12. prise, is it? Because as we look at the any unwillingness to provide or pur- Well, Congress passed a bill and regular marketplace, I think one of the chase it. We cannot support a bill that signed into law what is called the Clin- examples would be the idea of Lasik further exacerbates the challenges ical Laboratory Improvement Act, or surgery for eyes. That is one thing the faced by small businesses. CLIA. It shut down my lab. It shut government didn’t get its big fingers Now, look, my colleagues, what this down every doctor’s lab in this coun- into meddling, right? And laser tech- bill says that just came out today, this try. All the hospital labs had to get a nology has come along, and what used is the burden, the additional burden waiver—— to cost thousands of dollars for a proce- that will be put on small businesses. If Mr. AKIN. Reclaiming my time, the dure now is done for hundreds of dol- the payroll of a business does not ex- laws passed here in Congress shut down lars. And so we have seen a dramatic ceed $250,000, then there is no surtax. a lab that you had to be able to treat decrease in the cost of good quality But if the payroll exceeds $250,000 to people that had an upper respiratory care just because the government $300,000, there is a 2 percent surtax. If type of infection? wasn’t tampering in it. Yet every time the payroll exceeds $350,000 but does Mr. BROUN of Georgia. Anything, to we see the government gets its fingers not exceed $400,000, there is a 6 percent do blood sugars and blood counts and into things, the costs invariably go up. tax on small business, and if the pay- those sort of things. I would like to get over to Congress- roll exceeds only $400,000, there is an 8 Mr. AKIN. They shut it down? man GINGREY from Georgia, another percent surtax on these small busi- Mr. BROUN of Georgia. They shut it medical doctor joining us with many nesses. down. CLIA shut every doctor’s lab in years of medical practice, also a former What I want to make sure everybody the country. Patients would come in senator from Georgia and a great col- in this Chamber understands is that with aching all over, a red sore throat, league. I yield time. these small businesses are not sub- and so I would do a CBC to see if they Mr. GINGREY of Georgia. I thank my chapter; they are not C corporations. had a bacterial infection and thus colleague for yielding. They are Subchapter S or they are sole needed antibiotics, if there was a strep It is a pleasure to be on the floor proprietors. And they pay as an indi- throat that might need a penicillin with my colleagues talking about this vidual. And this is on top of the fact shot, or if they had a viral infection bill that was finally, as we all know, that President Obama is going to let that could look exactly the same. And introduced by Speaker PELOSI at a the tax cuts expire that President Bush a viral infection is not helped by anti- press conference this afternoon. And put in place in 2001 and 2003. biotics. The teaching in the Medical hearing our colleagues from Tennessee Mr. AKIN. Just reclaiming my time College of Georgia and all of my train- talk about really the ultimate pilot for a minute, what you brought up is ing postgraduate has encouraged doc- project, we are always in Medicare, an absolutely critical point. It is part tors not to overprescribe medications. anytime they are trying to do some- of how they are going to try and pay It is costly. It increases the cost to ev- thing to improve a situation, we start for this humdinger bill. And what you erybody. Also, if people have viral in- with a pilot project, which makes are saying is they are going after small fections, they don’t need antibiotics. sense. business. Actually, it is harmful to some pa- Well, this was the ultimate pilot Now a lot of us know small busi- tients. project, I think, this TennCare that nesses have 500 employees or less, and

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17713 they create 80 percent of the new jobs gress’ ability to pass responsible health Mrs. BLACKBURN. You’re exactly that are created typically in the econ- care reform that works for all Ameri- right. And what the gentleman has is omy. So if you target small business, cans. one small portion of that bill. now you are going to drive down em- And our colleague from Tennessee, And also, I would add, before I yield ployment. And that is significant. Dr. ROE, just held up that 1,100-page back, that his own economic advisor I yield the gentleman from Arizona bill. I wonder when they are going to from—the President’s economic advi- time. get around to reading it. And I yield sor estimates that that amount of Mr. SHADEGG. I am shocked. As I back. taxes and this legislation would cost us stand here, I have to tell you I’m abso- Mr. AKIN. I would like to yield time 4.7 million new jobs. lutely shocked. I understand that the to Congresswoman BLACKBURN from And I yield back. gentleman from Georgia was reading Tennessee. I think you had a point. Mr. SHADEGG. If the gentlelady will from the bill just now? And also the stack of that, that is yield briefly, I just point out that for You’re reading provisions of the bill just the beginning of the bill, and it you to know all of those numbers that was released today? has already given my eyes a headache shows that you are very much involved Mr. GINGREY of Georgia. I am read- from looking. What do you have, close in the process of reading this bill. Your ing directly from that provision, taxes to 9 or 10 inches of paper stacked up staff is involved in the process of read- on employers and individuals. there, Doctor? That is just where we ing the bill. I said facetiously to our Mr. SHADEGG. So you have read a are now. We haven’t done the amend- colleague from Georgia yesterday that portion of this bill? ments at 3 o’clock in the morning yet. I was stunned that people were reading Mr. GINGREY of Georgia. I have read I do yield to the gentlelady from Ten- the bill. I just want to make the point a portion of this bill. nessee. I am really stunned that the majority Mr. SHADEGG. And I suggest that Mrs. BLACKBURN. I thank you. leader made the comment that Mem- you also read from a letter written by What we see in this stack of the bill, bers shouldn’t be expected to read the Blue Dog Democrats, conservative the 1,100 pages that are there in that bill. I know I won’t vote for this bill Democrats, to their leadership express- bill, 1,683 times it gives you the direc- until I have read it and been over it. ing concerns about provisions of the tive of you ‘‘shall do,’’ individuals I compliment the gentlelady’s staff bill before it was released today, the ‘‘shall do’’ this. Now let me explain for poring through the bill, finding so-called ‘‘Tri-Committee Discussion what this means. When you are a those statistics. I compliment the gen- Draft.’’ So are you telling me that Blue mother, many times you will tell your tleman from Georgia for obviously Dog Democrats have read portions of children, well, you can go out and play reading portions of the bill and for his the bill? if you want to or you can do this if you dedication. And everyone here, I think Mr. GINGREY of Georgia. The gen- want to. But when you really want to the American people expect us to read tleman from Arizona is absolutely make a point, you say, ‘‘you are going the bill. And I just wanted to make it right. One of the provisions that they to go to time out’’ or ‘‘you are going to clear that I was only being facetious stated in the letter is this, finally, any go to this corner’’ or ‘‘you are going to when I expressed stun and shock that health care reform legislation that do your homework, no question, no op- we might read a bill. I think it’s my comes to the floor must be available to tions.’’ job to know what’s in these bills. all Members and to the public for a suf- b 1945 I would be happy to yield. ficient amount of time before we are In legislative parlance, that is what Mr. BROUN of Georgia. I just signed asked to vote for it. ‘‘shall’’ means. You have to do this. a pledge this afternoon to the Amer- Mr. SHADEGG. I’m just stunned. I Now, 47 times it uses the word ican people that I will not vote for this have here beside me a quote from the ‘‘must.’’ You must do this and that. bill until I read it, and I meant that. I House majority leader which suggests And 495 times it uses the word ‘‘re- don’t sign pledges—— that it is not appropriate in America quire.’’ All of these are new mandates Mr. SHADEGG. I hope our colleagues for us to expect Members of Congress on the American people. on the other side will do the same. to read bills. As a matter of fact, the To make it worse, 172 times it talks Mr. BROUN of Georgia. I hope they majority leader said, if every Member about taxes, taxpayer, taxable activity, will, too. pledged not to vote for it—‘‘it’’ being 172 times, and 99 times it uses ‘‘pen- I applaud the Blue Dogs for asking this health care bill—if they hadn’t alties.’’ from the leadership. I hope they don’t read it in its entirety, I think we would The Democrats have become the hold their breath because I think have very few votes. party of punishment, and they are they’ll turn blue and die from hypoxia. He said last week, he laughed out going to punish Americans severely in But I want to point out something loud—laughed out loud at the notion this health care bill. that Dr. GINGREY was talking about that Members might actually read a And to the gentleman from Georgia, that, and that Ms. BLACKBURN brought bill. I suppose if you had done what he I loved the fact that he talked about up very clearly. This tax increase on did, which is on the cap-and-trade bill, the taxes. That portion that he so small business is going to cost jobs, not introduced at 3:04 in the morning a 309- beautifully articulated, would create 1 or 2, not 10 or 20, not 100, but thou- page amendment which made it impos- $300 billion in new revenue for the gov- sands of jobs, because small businesses sible for a single Member to read the ernment, which means taxes out of all across this country are not going to bill before it was voted on at 4 p.m. your pocket that you’re taking out of be able to pay for the increased taxes that afternoon or 5 p.m. that after- your pocket and handing to the tax that the Democrats are going to put on noon, then I guess you would have to man; $300 billion. Even the prices—— the back of small business men and say, gosh, we don’t want Members to Mr. AKIN. Reclaiming my time, I women around this country. So many read bills. But as I understand it, just heard a promise this thing doesn’t people are going to be out of work, and you’re reading this bill, and so are cost that much, and yet the Congres- it’s going to shift them over to the these Blue Dogs, reading the bill? sional Budget Office, the original public plan. They’re going to get free Mr. GINGREY of Georgia. Well, if the version was 3.5 trillion, and they’ve health care. gentleman will yield. whittled it down to only 1.5 trillion is We have heard several of our col- Mr. AKIN. I do yield. what we understand. And you’re only leagues say, if you think health care is Mr. GINGREY of Georgia. I can re- talking $300 billion. And we did that expensive now, wait till you get it spond to the gentleman from Arizona, huge, the biggest tax increase in the when it’s free. It’s going to be ex- absolutely, and again in this letter, history of our country on energy taxes tremely expensive. and I’m quoting directly from the let- which is going to hurt our produc- Mr. AKIN. Reclaiming my time just a ter: too short of a review period is un- tivity, and that’s only not even 800 bil- second, I’d like to go back over to Dr. acceptable and only undermines Con- lion. We’re not there yet. ROE.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17714 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 You were there. You’re in Tennessee. going to get him in. He had a couple of Mr. SHADEGG. If you like it, like You saw this experiment. Even the points, and we’re going to jump over to the headline says right here, if you like Democrat Governor said it was a fail- you, Doctor. We’ll get right over to it, if you like your care, if you’re one ure. I’d like you to just finish you. I yield to the gentleman from Ari- of those 83 percent of Americans, be fleshing—we have just a few minutes zona. prepared to lose it, because you’re left. If you could finish, and then I’ll Mr. SHADEGG. I thank the gen- going to lose it under their bill, not close. tleman for yielding, and I’ll try to be just by competition from the public Mr. ROE of Tennessee. Let me go as brief as I can. plan. Their bill says you’ll lose it. In 5 over why it’s important for the public I want to point out that the Demo- years, every plan has to change. and my patients and, as physicians, our crats’ bill was not the only bill intro- I will conclude very briefly on an patients to understand this. What duced today. As many of my colleagues issue that I know is near and dear to we’re concerned about is if this plan here note, we introduced the Improving the gentleman who sponsored this spe- becomes a public option and that’s the Health Care for All Americans Act cial hour tonight, Special Order to- only option. And the way that occurs today. It’s a bill that reforms health night, our friend Mr. AKIN, who’s a can- is, I’ve explained, when the cost of the care, not top down government edict, cer survivor. public plan does not pay for the cost of government mandate. It reforms Amer- The American people, I hope, will the care, more costs are shifted to your ican health care bottom up. It controls slow down this process. I hope they’ll private health insurers, meaning that costs by empowering Americans, and it say, We want to see what’s in this bill. they’ll eventually drop the plan. has some key points. But I hope they’ll ask this question Now, having a single-payer system It says, if you like it, you can keep and understand this information. We like Canada or England, is that nec- it. It provides coverage for every single are being told to switch to a system essarily bad? Well, I would argue that American and choice for every single similar to what exists in Canada, Eu- it is in America, and the reason is be- American. It provides new pooling rope and England. Those are the par- cause it’s going to limit choices. mechanisms so that you could be in an allels. And I know it was brought up just a insurance pool other than your em- But I would suggest to my colleagues moment ago by the gentleman from ployer’s pool. It says that the Kiwanis and to every American, there are two Arizona about costs, and I’m going to International or the Rotary Inter- things that scare every American. share with you—just a family practi- national or the Daughters of the Amer- Those two things are cancers. For men, tioner in my own district the other day ican Revolution or your alumni asso- it’s prostate cancer. For women, it’s called me up and said, Bill, he said, I ciation of your college or university breast cancer. And these are hard facts. have had one lawsuit in my career. A could sponsor a plan. So you could pick This chart shows you that the 5-year very young woman had a serious prob- many pools to get into. survival rate in the United States for lem, probably not preventable. He had It also says we’re going to cover pre- prostate cancer is dramatically better a grade by the insurance companies of existing conditions or people with than Canada. It is stunningly better what a good doctor he was, in the top chronic conditions at the same rates as than Europe, and it is shockingly bet- third, always. After this one lawsuit, everyone else, by cross-subsidization ter than in England. So, if you have and nowhere is medical malpractice and high-risk pools. prostate cancer in America, your mentioned here, his referral to special- But I wanted to make, because I have chance of surviving after 5 years are ists in 1 year went up 350 percent. His some charts here, two quick points dramatically better in the United lab ordering went up 550 percent. This very quickly, and I’d invite anybody States than in the system the Demo- is not him saying this. This is a grade else who speaks in the limited time we crats are telling us we ought to adopt. he got from the insurance companies. have left to comment on these because But that’s not enough, because every So there is the cost side that we were I think they’re so important. woman in America goes to bed each talking about earlier, and who knows, The President has said over and over night worrying about breast cancer, when you extrapolate that across the and over again, if you like it, you can and I would suggest every husband in country, how much that must be. keep it. I think that’s so important, be- America goes to bed worrying about Now, I got this letter right here this cause polls show roughly 83 percent of breast cancer. And here are the facts. afternoon from CBO to Chairman RAN- Americans, 83 percent of Americans, If you look at 5-year survival rates GEL, 14th of July, today. And in this, it like the health care they have. So if for breast cancer, once again, the says, Another significant feature of the the President stands forth and says, if United States, the system they want to insurance exchanges is that they will you like it, you can keep it, ladies and throw out, you have a dramatically include a public plan that largely pays gentlemen, I wish it were true. better, significantly better chance of Medicare-based rates for medical goods This is the language of the bill which surviving than Canada, even more dra- and services. CBO estimates that the was introduced today. It’s been revised matically better chance of surviving 5 premiums for that plan would gen- and renumbered. This came from the years than if you lived in Europe, and erally be lower than the premiums for working draft, but the same language even better than that, of surviving 5 private insurance. But on average, the is in the bill. It says, by the end of the years, than if you lived in England. Be- public plan would be about 10 percent 5-year period following the introduc- fore we adopt a Canadian, a European, cheaper than the typical private plan tion of the bill, group health insurance or a British system of health care, we offered in the exchanges, and therefore, plans, every group health insurance better know that the survival rates for they’re saying right here in this docu- plan must meet the minimum benefit these cancers, the cancers that scare ment that that’s what’s going to hap- requirements under section 121. Sec- most Americans more than any other, pen. tion 121 creates a new Federal entity are significantly worse in those coun- The other thing about this I found in- called the Health Care Advisory Com- tries than in the United States of teresting was this plan doesn’t start mittee, which will rewrite the min- America. until 2013. And what you’re seeing here imum benefits for every health care Mr. AKIN. I promised I was going to is only in the last 6 years, this $1.1 tril- plan in America. That means every yield over to the gentleman from lion plan. It actually is 150 billion per health care plan in America, under Michigan, my good friend Mr. HOEK- year is what it amounts to. It’s not their bill, will change within 5 years. STRA, and I will come back over to you, what they’re currently saying it’s Some will change immediately. Every- Doctor, in just a minute. Congressman going to be, a trillion over 10 years. It’s one will change within 5 years. HOEKSTRA. really a trillion-plus over 6 years. Mr. AKIN. Reclaiming my time, so Mr. BROUN of Georgia. Okay. I’d like I yield back. what you’re saying is, if you like it, to speak to Mr. SHADEGG’s point there Mr. AKIN. Let me just, I told Con- you won’t be able to keep it. That isn’t before he leaves if he could stick gressman SHADEGG from Arizona I’m true. around a second.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17715 Mr. HOEKSTRA. I thank the gen- Mr. HOEKSTRA. You know, think American people are going to see over tleman for yielding. I thank my col- about it. If the President believes that the next few weeks is the fact that this leagues for allowing me to just be a he can decide who should run General is nothing short of a government take- part of this discussion for a few min- Motors, which is a decision that he over of our health care system, a sys- utes. made in which he forced the replace- tem that right now provides some of You know, it’s interesting. As my ment of the president of General Mo- the best medical care in the world be- colleague from Arizona is pointing out tors, then taking the next step and cause some of those people come from the differences between the U.S. sys- telling each of us what kind of health those countries—from those very coun- tem, the Canadian system, and the care we’re going to have, what treat- tries that do have government-run British system, and I think one of the ments we can have, what procedures we health care and the rationing that ex- things that you see there is in America can have, and how much the govern- ists in those countries—to this coun- you’ve got competition, so the hos- ment is going to pay for each one of try, if they have the means, because we pitals are all working to improve their those is fully within the realm of possi- have the best medical care even though survival rates. If you get a certain type bility, which is exactly where this bill it’s a system with flaws and even of disease or illness, you know, people goes. though it’s a system that needs some will check the various performance Mr. SHADEGG. I guess what the gen- reforms. Though, the reforms that need rates by hospitals, by clinics, as to tleman is saying is that, if the bill to be made need to be made while where it’s working. passes, we’d better hope the commis- working with all of us, with all of us You know, I just—this bill now is sioner is as smart as Peter Orszag. here—with the doctors who have been 1,000 pages. It’s over 1,000. We just went Mr. ROE of Tennessee. Will the gen- presenting these ideas and these good through a massive cap-and-trade and tleman yield for a second? solutions that have been presented— tax bill. But, you know, I just opened it Mr. AKIN. I promised Dr. BROUN that not by a government takeover that lit- up, and one of the things that people we would give him a chance here. We’re erally would ration care for American say, Don’t worry. There’s still going to getting close to closing. families and that would add hundreds be improvement and competition to Mr. BROUN of Georgia. I appreciate of billions of dollars in new taxes on get excellence. it. the backs of small business owners and You know what job I want? Start on In noting what Mr. HOEKSTRA is talk- families across this country. That’s page 84. I want to be the commissioner. ing about and in going back to what what their bill does. That’s why we’ve The commissioner shall specify the Mr. SHADEGG was talking about, I want got a big difference between how we benefits. The next page, The commis- to point out the reason there is such a here, who have been talking tonight, sioner shall establish the following difference in the survival rates for would approach this solution versus standards. You go to page 87, The com- these two cancers. The American peo- this government-run takeover of our missioner shall establish a permissible ple need to look at it. It’s not just be- health care system. range. If the State has entered into an cause we’re Americans. It’s because, in I yield back. arrangement satisfactory to the com- those systems, people are put on wait- Mr. AKIN. I thank the gentleman. missioner, page 88, the commissioner ing lists, as your prior chart noted, Mr. That’s a great summary, and I appre- shall, the commissioner shall. I mean, SHADEGG. It is also because the govern- ciate your perspective from Louisiana. it’s like—and this is in 2 minutes of ment system won’t pay for the new I think a lot of other people are seeing looking at this bill. And it’s like, well, procedures, for the new medications. it this way, particularly the gentleman it looks like the commissioner knows So it’s because of delayed treatments, from Michigan, Congressman HOEK- what to do. And if the commissioner’s of delayed evaluations of lumps in a STRA, with all of those—and he kept going to do all of this, what’s there left breast, because of delayed or denied reading that word ‘‘shall,’’ ‘‘shall,’’ for me? It looks like the commis- services. That’s going to come under ‘‘shall,’’ ‘‘shall.’’ This doesn’t look like sioner’s going to take over my health this plan that the Democrats have pro- any kind of free enterprise to me. care. posed today. It’s coming to every sin- I would like to recognize the doctor Mr. AKIN. Are you sure you’re spell- gle American. That’s the reason the from Georgia, Dr. GINGREY. I thought ing that word right? It doesn’t say survival rates are so much lower for you said you wanted to do about a ‘‘czar’’? prostate cancer and breast cancer. The minute or so before we call it here. Mr. HOEKSTRA. I was thinking it thing is, and what’s going to happen is, Mr. GINGREY of Georgia. Mr. Speak- sounds like czar. Coming from Michi- our survival rates are going to actually er, I thank this gentleman from Mis- gan, we’ve had enough of czars. We’ve go down and match some of those oth- souri for yielding. I know time is run- had enough of car czars, you know, who ers. The American people need to un- ning short. are running our automobile industry, derstand that. If I can speak to them, I just wanted to point out, in regard who are making decisions about which that’s one thing that I would say. The to the government plan, the Blue Dogs, car company will survive, how they delayed treatment and denied treat- who sent this letter last Friday to Ms. will survive, who will manage the comment is going to wind up killing peo- PELOSI and to the majority leader, Mr. panies, who will be on the board of di- ple. That’s what this plan is going to HOYER. It reads: Providers in the gov- rectors, what dealers will survive. I do. It’s literally going to kill people. ernment plan must be fairly reim- mean, you know—— Mr. SHADEGG. The man is dead bursed at negotiated rates, and their Mr. AKIN. Reclaiming my time, gen- right. participation must be voluntary. tleman, we’re talking about the Presi- Mr. AKIN. Reclaiming my time, I The bill that was introduced today dent of the United States firing the would like to introduce another gen- by Ms. PELOSI, in regard to providers President of General Motors. We got tleman here who has been joining us at forced to participate, reads: Establish- ourselves into the insurance business, a number of key points and junctures, ment of a provider network for the gov- into the banking business, and now Congressman SCALISE from Louisiana. ernment plan. Health care providers health care. What is it, 20 percent of all I would appreciate your jumping into participating under Medicare are auto- of American business? And we’re going the conversation here for just a minute matically participating providers in to have this commissioner, we’re going or two. the public health insurance option un- to take another 20 percent the govern- Mr. SCALISE. Well, I want to thank less they opt out in a process estab- ment’s going to run? the gentleman from Missouri and all of lished by the Secretary. my colleagues who have been talking So, in talking about the powers of b 2000 tonight. the commissioner, I also worry about Mr. HOEKSTRA. If the gentleman As we start to see the plan unveiled the powers of the Secretary, and every would yield for just a moment. and, literally, some of the secrecy re- doctor in America should worry about Mr. AKIN. I would yield. moved on this plan, I think what most that.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17716 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 I yield back. (Rept. No. 111–208) on the resolution (H. tion—it comes back to about 4 percent Mr. AKIN. I think that, perhaps, may Res. 644) providing for consideration of of this population that is chronically be the Democrats’ biggest nightmare— the bill (H.R. 3170) making appropria- uninsured. Yet we would upset the en- the fact, if we have time to read the tions for financial services and general tire system of health care in America bill, that the people will see that what government for the fiscal year ending to try to reduce that 4 percent number is promised and what the bill says are September 30, 2010, and for other pur- down to—what?—3 percent or 2 percent two different things. That is certainly poses, which was referred to the House or not even 1 percent in their wildest what we’re dealing with here. You have Calendar and ordered to be printed. aspirations. the Blue Dogs. These are Democrats. f So, rather than my venting myself They’re asking their leadership to have completely on the things that I have in REPORT ON RESOLUTION PRO- this flexibility, and the bill goes the my head and heart on this health in- VIDING FOR CONSIDERATION OF exact opposite of what they’re saying. surance and health care program, I am I would yield to the gentleman from H.R. 3183, ENERGY AND WATER looking at a series of established ex- APPROPRIATIONS ACT, 2010 Michigan, Congressman HOEKSTRA. perts. Mr. HOEKSTRA. What we’re really Mr. ARCURI (during the Special Order I would like to yield to the gen- seeing here is a continued erosion of of Mr. AKIN), from the Committee on tleman from Missouri to pick up where the rights of individuals and the rights Rules, submitted a privileged report he left off before the clock ticked out of States. Michigan is a donor State in (Rept. No. 111–209) on the resolution (H. on that first hour. terms of transportation. What does Res. 645) providing for consideration of Mr. AKIN. Thank you, Congressman that mean? It means, since the incep- the bill (H.R. 3183) making appropria- KING. I appreciate your love for free en- tion of the national highway or the nations for energy and water develop- terprise and for your willingness to tional gas tax, for every dollar that ment and related agencies for the fiscal stand up for freedom. Michigan has sent to Washington, year ending September 30, 2010, and for We’ve been joined here over the last we’ve received 83 cents back. That other purposes, which was referred to hour by a number of distinguished doc- hardly seems fair to me, especially the House Calendar and ordered to be tors, by doctors who have given a large when we’re now number one in unem- printed. portion of their lives to providing good ployment. Think of it. When we get f quality health care—by Dr. ROE from that money back, the Federal Govern- Tennessee, by Dr. GINGREY from Geor- HEALTH CARE REFORM ment tells us how to spend it. The gia, who just left, and by Dr. BROUN same thing happened with education. The SPEAKER pro tempore. Under from Georgia. They all, of course, know We sent money here. the Speaker’s announced policy of Jan- health care far better than a lot of us Think about what’s going to happen uary 6, 2009, the gentleman from Iowa because they’ve lived it for 30 or 40 with health care. It’s going to come (Mr. KING) is recognized for 60 minutes. years of their lives; but there’s some- here to Washington, and we’re going to Mr. KING of Iowa. I thank the Speak- thing that I’ve lived for about 9 years apportion it back to the States. Some er for recognizing me to address this. of my life, and that’s what is called States are going to do better than oth- While we have so many stellar ex- cancer. ers, and it’s not going to be based on perts here on health care, health insur- People in America, when you hear population or those types of things. It’s ance and on the destiny of America the word ‘‘cancer’’—they call it ‘‘the going to be based on the power of the with regard to this large percentage of big C’’—you pay attention to it. When people in this Chamber and in the our gross domestic product, I’d ask for I got here as a freshman Congressman, Chamber down the hall as to who has any of you who are willing to stay here I waltzed down to the doctor’s clinic got the most influence. There are going and to continue imparting the knowl- that’s provided by the Navy in this to be donor States and—what are edge base that you have to continue in Capitol building. I felt bulletproof and they?—donees or beneficiaries, the ones this seamless transition over into the fit as a fiddle at barely over 50. They who get more than the rest of us. second hour of the Special Orders here. said, Yeah, you’re in pretty good shape Mr. GINGREY of Georgia. Recipients. It turns out that the Democrats don’t except for one little detail: you’ve got Mr. HOEKSTRA. Recipients. have enough confidence to show up prostate cancer. So, when you hear the That’s no way to run a health care here on the floor to defend their posi- words ‘‘the big C’’—cancer—pay atten- system. We will lose freedom, and this tion nor to rebut ours, and so I would tion to it. So, although I’m not a doc- place will become the center of distrib- point out something that I would add tor, I’ve had some experience. uting money and of distributing power into this equation. There was one set of numbers that back to groups around the country. That is that, first, we have the most jumped out at me that we really didn’t This is what we’re fighting for. We’re successful health care system in the talk about, although it was mentioned fighting for freedom for individuals and world, and it has produced the best re- by the gentleman from Arizona, Con- for sovereignty back to the States. sults in the world. Even though we gressman SHADEGG. He talked about Mr. AKIN. You know, I really appre- have a Secretary of Agriculture who, prostate cancer and breast cancer, but ciate your summary, and we’re getting as the lead person on health care, said let’s generalize those numbers a little close in time. A number of you have that Cuba had the model for the world. bit more. Let’s talk about survival come to this same basic position. What No, it’s the United States of America. rates. What we’re talking about here is we’re really talking about here is free- She got the right hemisphere, and she that, for the sake of 4 percent of the dom, isn’t it? It’s a subject of freedom. was close to the right continent, but people who are chronically uninsured, The SPEAKER pro tempore. The it’s the United States of America. the Democrats want to remake the time of the gentleman has expired. I’d point out also that, by the time best health care system in the world Mr. AKIN. Okay. I’ll finish up and re- you reduce down the numbers of the even though they were throwing rocks claim some time. Go ahead. uninsured, that 44–47 million, which is at it an hour and a half ago. Nobody f a number that is arguable, and by the goes from America to get health care time you take out of that those who somewhere else. They all come here to REPORT ON RESOLUTION PRO- are illegal and by the time you take get their health care. Now what they VIDING FOR CONSIDERATION OF out of that those who are in transition want to do is turn us into something H.R. 3170, FINANCIAL SERVICES between health insurance policies and like Canada or England or Tennessee, AND GENERAL GOVERNMENT AP- by the time you just boil it down to the which had a bad experience, or like PROPRIATIONS ACT, 2010 chronically uninsured—and this is ac- Massachusetts. Mr. ARCURI (during the Special Order cording to a study done by two profes- Let’s take a look at their track of Mr. AKIN), from the Committee on sors at Penn State University that was records before we jump too fast off this Rules, submitted a privileged report reproduced by the Heritage Founda- cliff. Let’s take a look at the survival

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17717 rates of cancer among men. In the United States? And vice versa. I will of establishing that National Health United States, there is a 62.9 percent yield. Care Act in the United Kingdom. Long survival rate. That says, if you get di- Mr. AKIN. No. If you are a woman in lines, rationed care, doctors and nurses agnosed, there is a 62.9 percent survival the United Kingdom, you have got a 52 and providers whose compensation had rate. percent. So you are a little better off been ratcheted down by the govern- Mr. BROUN of Georgia. Will the gen- than a man in the United Kingdom, but ment from the necessity then of in- tleman yield? not as good as a man in the United creasing their volume to make up for Mr. AKIN. Let me just get to the States at 62 percent. the difference in their compensation. other one. Mr. KING of Iowa. It is an inappro- Increasing their volume, yet they spent Look at this one in the U.K.—that’s priate comparison to compare across less time per patient, which meant your socialized medicine: 44.8. You’re gender when it comes to cancer be- that they were less able to diagnose talking an 18 percent difference in the cause there are different survival rates and care for their patients, which survival rates between these two sys- because of different types of cancer. brought down the quality of the care tems. We want to move from the U.S. Mr. AKIN. But still the point of these and the threat of the rationing that system to be more like Canada or the numbers is that this government-run came then was manifested very shortly U.K.? health care system is not producing re- thereafter. I intended to go to the gen- I will yield, and I have to yield to the sults. It’s doing just what our doctors tleman from Arizona, but I see the gen- gentleman from Iowa. are telling us is happening, and that is, tleman from Michigan has something Mr. KING of Iowa. I will reclaim my that you have all of these mandates in to add. I yield. time, and will yield to the gentleman, the government that are making it so Mr. HOEKSTRA. I’m listening to to the doctor from Georgia. that it can’t be effective. Of course the your description of the bureaucracy in Mr. BROUN of Georgia. Thank you. place where most of us, when you get the U.K. and those kinds of things. I I just wanted to clarify this for all of to be my age—there are a few old gee- have just been paging through this bill. us here in the House tonight, plus for zers here, like me. And what do you do I think we all know—I think it was last the people who are watching on C– when you get a government that can’t week—that the majority leader said SPAN. This includes all cancers; is afford to pay for the health care? Well, something like, ‘‘If we had to depend that correct? they start to ration care. And who are on the people who read the bill to vote Mr. AKIN. That’s my understanding. they going to ration it to? It’s the for it, we wouldn’t have very many These numbers here are the survival older people. They are going to say, votes.’’ The first time that I saw this rates of all cancers among men and of Yes, it’s fine, but you don’t qualify for bill was about 15 minutes ago, and I’m all cancers among women. Now, as you this kind of care. You’re not enough of just kind of paging through. know, Doctor, prostate is the most a benefit to society. We’re going to cut Mr. SHADEGG. The quote by the ma- common among men and breast cancer you off. jority leader is, ‘‘If every Member for women, but this is the whole deal. Mr. KING of Iowa. Reclaiming my pledged to not vote for it if they hadn’t Mr. BROUN of Georgia. That includes time, I happen to have had a World War read it in its entirety, I think we would lung cancer; it includes stomach cancer II survivor and veteran hand me a have very few votes.’’ So he apparently or pancreatic cancer or muscle cancers, whole stack of Collier’s magazines that thinks we shouldn’t read the bill. bone cancers, blood cancers, et cetera. came from 1948 and 1949. It was a fas- Mr. HOEKSTRA. Let me just read a That should be astonishing to the cinating thing to read through the couple of things. Here is a paragraph. I American public to look at those val- yellowing pages of those magazines will just open it up. Before we went ues. Please tell us about—— where they had gone in and written through, The commissioner shall, Mr. KING of Iowa. I am happy to these—I want to call them cameo arti- shall, shall. And we said, Okay, he yield, but let me pose a question as you cles on the emerging National Health shall do everything, and there is not expand upon that thought. Care Act of the United Kingdom, 1948 going to be anything left. If you are a man, are you better off and 1949. I remember in the same mag- Listen to this paragraph: ‘‘Change in or, if you are a woman, are you better azines there was a picture of a GI sit- the income as a percentage of FPL. In off if you live in the United Kingdom ting at the square in Berlin by Otto the case that an individual’s income versus the United States of America von Bismarck’s victory statue, which expressed as a percentage of the Fed- when it comes to cancer diagnoses? was in the background of Obama’s eral poverty level for a family of the Mr. AKIN. It’s hard for everybody to speech there when he was in the cam- size involved for a plan year is expected be able to see the chart here. Regard- paign. He was sitting there among the in a manner specified by the commis- ing the cancer for women, you’re at shattered trees with his helmet off, sioner to be significantly different 66.3 percent survival. You’re better off eating some K rations in that same from the income as so expressed used if you are a woman in the United magazine. So we’re back to just post- under subsection A, the commissioner States than if you are a man in the World War II when the United Kingdom shall establish rules requiring an indi- United States; but if you go to the decided that because of the insecu- vidual to report consistent with the U.K., women are still 14 percent worse rities—and they didn’t know if their mechanism established under para- in terms of cancer. So, in other words, economy was going to collapse. It had graph two significant changes in such if you’re a man in England, you’re real- been so burdened because of World War income, including a significant change ly in trouble. That’s the worst you can II—that they would provide this Na- in family composition to the commis- be is a guy in England—okay?—with tional Health Care Act to supposedly sioner and requiring the substitution of cancer. fix their economy with the same psy- such income for the income otherwise chology that President Obama has applicable.’’ 2015 b today. We’re in this economic crisis, Mr. SHADEGG. Excuse me? Say But if you are a woman in England and magically the crisis that happened what? with cancer, you’re still at a 14 percent after the election brought about the Mr. HOEKSTRA. Think of how many worse condition for survival rates than necessity to provide the same solutions bureaucrats it is going to take to inter- if you’re in the United States. So, in they advocated before the crisis. In any pret that paragraph. other words, it’s 18 percent worse in case, the United Kingdom, they then Mr. AKIN. How many bureaucrats England for a cancer patient than it is established the National Health Care can dance on the head of the pin, huh? in the United States. Act. As I read through that, month Mr. HOEKSTRA. Then they’re going Mr. KING of Iowa. If the gentleman after month, story after story, cameo to do ethics standards, accountability will yield, I pose this question: If you appearance after appearance, the same performance programs and all of these are a woman in the United Kingdom, problems that we have today were the things, Federal bureaucrats. And guess are you worse off than a man in the problems they had within the first year what—the same people who wrote this

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17718 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 bill, also their last bill that they wrote facturing of all of this paper to print Democrats want to take that tax ex- was No Child Left Behind because it this bill, as a member of the Energy clusion away. However, we will not says that as they collect this informa- Committee, would this still be quali- force you to give up your health care. tion, the Secretary shall identify orga- fied under cap-and-trade? Or is this a We really mean, If you like it, you can nizations that are enrolled in the pro- violation of cap-and-trade? keep it. That is what is in our bill. Sec- gram that have failed to significantly Mr. SHADEGG. That actually is ond, every American under our bill improve. Does that sound like No Child woody biomass, and there are certain gets choice, and every American gets Left Behind, like we have in the De- rules of how it gets converted into en- coverage. How do we do that? The bill partment of Education? What do we ergy in cap-and-trade. says, If you have employer-provided have? We have people in the Depart- Mr. SCALISE. It has got a heavy car- coverage and you like it, you keep it. ment of Education who don’t read any- bon footprint. But what about people that don’t have thing, who don’t know the schools in Mr. SHADEGG. I would like to, for employer-provided coverage? Our bill Ludington, Michigan, or Detroit or just a moment, get serious. I think we says, We are going to give you the Saginaw or Ann Arbor, Michigan; and have done a good job here. right to use your tax dollars if you pay they’re identifying them as failing Mr. HOEKSTRA. Excuse me. I was income taxes to buy a policy that you schools. Now the Federal Government serious. choose; and if you buy a policy of your is going to go through the process of Mr. SHADEGG. I know. But I mean choice and you spend $2,500 as an indi- identifying failing hospitals, failing deadly serious about an alternative. We vidual or $5,000 as a family, you get a nursing homes and failing those if they get accused of being the party of no, dollar-for-dollar tax offset. So those don’t meet Federal requirements; and and I hate to repeat that charge. But if people get to buy a policy they like, it’s going to take a lot more bureau- I were sitting at home tonight, I would and they can keep it. What about the crats. But I think we ought to chal- watch this; and I would say, Well, all Americans that many people are con- lenge the American people. Members of those Republicans are saying that that cerned about, those who don’t pay in- Congress may not read it, but they 1,100 pages doesn’t make sense. And I come taxes? Our bill gives them a tax ought to read this thing and see if they have to compliment my colleague from stipend and says, Here, we’re going to understand whether this is going to im- Michigan. He has done a stupendous provide you the funds to go buy a plan prove their health care or make it job of reading some of the absurdity in of your choice. Now that covers every worse. I think they will become ill that bill. So you are home and saying, single American, everyone who has em- reading this bill. Well, you Republicans are just against ployer-provided coverage and likes it; Mr. AKIN. Is there a medicine to everything. I want to point out that everyone who doesn’t have employer- treat nausea? that is not the case because that bill— provided coverage; everyone who has Mr. KING of Iowa. Reclaiming my hold it up, Mr. HOEKSTRA, if you employer-provided coverage but time, I just would suggest that of all of would—that bill is not the only health doesn’t like it; and everyone who can’t the 32 czars—do we have a czar that care bill that was introduced in this afford to go out and buy it on their deals with this, the failing czar? What body today. Now I will admit that the own, we cover every single American. about the failing czar? other one that was introduced in this But you know what, we didn’t put one Mr. HOEKSTRA. Well, I think they body today is stunningly shortened. of them, not one of them into a govern- have recognized that a czar is not a It’s a fraction of that number of pages. ment program. Now why didn’t we do very popular word. The czar in this bill But several of the Members in this dis- that? Well, the Democrats say, Let’s is called a commissioner. So I guess cussion tonight were cosponsors of the let the rich people buy their own insur- when you get to the 33rd—I guess we bill I introduced today called the Im- ance and put the poor into government can only have 32 czars. Now we are proving Health Care For All Americans programs. That’s what we’re doing now starting to create commissioners, and Act. It’s a simplified bill. It doesn’t do with SCHIP and Medicaid. We say, Why we’ll probably have 32 commissioners. a top-down command-and-control gov- not give those who can’t afford their Then we will have what, grand leaders ernment edict, all the things that Mr. own coverage a cash stipend to buy a after that? But I think we’ve topped HOEKSTRA was reading. What it says is, plan they like? Why shouldn’t they out on czars. we need bottom-up reform. We need to have control over their lives and their Mr. KING of Iowa. I happen to re- empower individual Americans. So let health care and make it respond to member that the aftermath of the me just take a quick minute to walk them and their demands? So our bill czars was actually the Marxism that through five major concepts in the Im- does that. arrived with the Leninism in that pe- proving Health Care For All Americans Now you say—and this happened in riod of time and, yes, the commis- Act, introduced by a group of Repub- the last Presidential debate—Well, sioners and the lists of those people. licans today, and tell you how it’s dif- you’re going to force everybody into Language makes all the difference. But ferent than what the Democrats want the individual market and costs are I would like to know how they identify to do. First, we pointed out that the much higher in the individual market. the failing czar or the failing commis- President keeps saying, If you like it, Dead wrong. Our bill provides new sioner. you can keep it. But we have pointed pooling mechanisms and group plan Mr. HOEKSTRA. If the gentleman out that the wording of their bill says, choices for every single American. This will yield, it’s identified in here how If you like it, you will lose it, because is a kind of a different concept. Right you will identify the failing czar and it says that in 5 years, every bill that now everybody in America that wants with the corresponding rules and regu- exists today will be gone because it has to get into an insurance pool to pool lations that go with this that I’m sure to meet the standards written by a new their risk with other people, you know will be written in plain English because commission. Well, our bill, the Repub- how many pools they can possibly join? this is not. lican bill, Improving Health Care For One. Their employer’s pool. That’s the Mr. KING of Iowa. This is a lot of All Americans Act says, If you like it, only pool you and I are offered. Every pages of gobbledygook. I will yield to you can keep it. Of the 83 percent of single one of us on the floor here is of- the gentleman from Arizona (Mr. SHAD- Americans who say they are happy fered, as Congressmen, the chance to EGG) who can add some clarity to this with their health care right now, most join our employer’s pool. Can we join issue. of those people get their health care some other pool? No, we can’t. This bill Mr. SHADEGG. I thank the gen- from their employers. Our bill says, If says, We’re going to let many pools be tleman for yielding. We have done a you have employer-provided health formed. We’re going to let social orga- pretty good job of filleting what I care and you like it, you—the patient, nizations, we’re going to let civic orga- think needs to be filleted. the employee—get to choose to keep it. nizations, we’re going to let—for exam- Mr. HOEKSTRA. If the gentleman And if they choose to keep it, they ple, for me, the University of Arizona will yield for a second, with the manu- keep their current tax exclusion. Many Alumni Association might form a pool

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17719 and offer a plan. For someone who’s a third-party system. Your employer We had an energy plan. The Amer- member of the Kiwanis International, picks your plan and your plan picks ican Energy Act that I was a cosponsor we’ll let the Kiwanis Clubs Inter- your doctor. of—and I think probably every one of national form a pool. How about the The Democrats say that is a terrible, us here tonight were cosponsors—that Daughters of the American Revolu- failed system. We should take the em- would have made America energy inde- tion? Why shouldn’t they be able to ployer out and put the government in. pendent. We’ve developed on our Re- form a pool? We can have lots of dif- How does that make it any better? publican side plans to stimulate the ferent pools so that you and I can What we say is empower individual economy by cutting taxes on small choose—I want to be in my employer’s Americans. Give them the ability to business and creating real jobs. pool and have a low-cost plan; or I make their health care choices and, oh, The Democrats’ centralized plans want to be in the Kiwanis Inter- by the way, they will then not only that create a bigger Washington, more national pool or the AARP pool or have power and control and can fire a bureaucracy has not worked. Where are some other kind of pool where my risk plan that doesn’t work for them, but the jobs? But we had a plan on the Re- is pooled with others. That’s the third they will also have a greater stake and publican side that would have actually piece of our bill. an interest in their own health care. created jobs. And now the one that many Demo- Mr. KING of Iowa. Reclaiming my And over and over again, the Demo- crats are concerned about—and it is time, I would add that the central phi- crats that claimed that we are the one of the ones where I think we agree losophy here is the difference between Party of No, N-O, will only allow their with them—and that is pre-existing Democrats and Republicans, liberals plan to be presented to see the light of conditions and chronic conditions. and conservatives: our understanding day here in this House. That’s dictator- Those price lots of people out of the of human nature and what inspires ship, in my opinion. ability to buy health care. Do Repub- human nature and the things that fail Mr. SHADEGG. If the gentleman will licans care about that? Yes. Are we to inspire human nature. They believe yield. going to force you into something? Are they can create a managed economy, a Mr. BROUN of Georgia. We are the we going to pass a mandate like the utopia that’s managed by smart lib- Party of Know, K-N-O-W. Democrats’ mandate? No. What our bill erals on top who are taking care of Mr. SHADEGG. Not only do we know says is that every single American those people who can’t take care of how to fix things, but we are the Party with a pre-existing condition or a themselves. of Know in another way. chronic condition whose health care We believe that the markets drive I want—every one of us here tonight, costs get so high they either can’t find the best decisions. It’s the difference every Republican in this Congress a policy or can’t afford the policy will between free enterprise and central wants the American people to know— be able to join a high-risk pool or a re- command. And it’s a philosophy that’s k-n-o-w—what’s in this bill before we insurance plan, a reinsurance mecha- been laid out here from Mr. SHADEGG of pass it. We are being told that we have nism that holds down the cost of their Arizona. to rush to pass this in less than 3 health care to the cost of everyone Mr. SHADEGG. It’s their idea of a weeks. else’s even though they have a pre-ex- Washington-centered plan. Their 1,100- The first markup of this bill will isting. page bill is all Washington-centered. occur, I believe, on Thursday. It will It’s got a commissioner. If it doesn’t not conclude until the following b 2030 have a czar, it’s got a powerful com- Wednesday. We then have less than a I mentioned this earlier. I have an missioner. Or our idea of a patient-cen- week and a half from that until the Au- older sister who is a breast cancer sur- tered plan. gust break. The Democrats apparently vivor—thank God she’s a survivor—for Mr. KING of Iowa. Driven by the best don’t want Americans to know, k-n-o- over 20 years. For years, she was forced of human nature. w, what’s in this bill. I think we are to keep her teaching job even if she And I yield to the gentleman from the party of know, k-n-o-w. I want the wanted to change jobs because she had Georgia and then to the gentleman American people to know when you a preexisting condition. Her cancer was from Louisiana. consider this as 20 percent of our econ- covered as long as she stayed with her Mr. BROUN of Georgia. I want to ap- omy—it’s one in every six jobs—it’s employer, but if she left, her cancer plaud the gentleman from Arizona’s ef- shocking that we would consider pass- wasn’t covered. forts to put this plan together. ing such a bill without knowing what’s Under our bill, her cancer would have I want to point out something. We, as in it. been covered even if she changed jobs. Republicans, are accused of being the Mr. KING of Iowa. Reclaiming my We can control costs in America by ‘‘Party of No’’ by the folks on the other time, I think it’s clear that if this bill empowering patients and consumers. side, the Democrats. But I want to—if sits out there over the August break We can reform American health care I could tell the American people this— until after Labor Day, they understand from the bottom up, not command and I can’t in the rules of the House—but the American people will rise up control from the top down. the Republican Party is actually the against it. I thank the gentleman for yielding Party of Know—K-N-O-W. We know And I would like to yield to the gen- Mr. KING of Iowa. Can I reclaim my how to fix things, and I congratulate tleman from Louisiana. time before we yield over to Georgia? Mr. SHADEGG for putting together an Mr. SCALISE. I want to thank the I would like to know what that fifth alternative to present to the American gentleman from Iowa for yielding. point is. I think I have four down. public. I appreciate the comments from my Mr. SHADEGG. The fifth point was I’m working on one in my office also friend from Arizona and his alternative empowering consumers by giving them that’s a little different from Mr. SHAD- bill. I serve on the Energy and Com- the right to buy and control their own EGG’s, and there are other plans being merce Committee as well. We’re going health care. That is, if you are an em- developed on the Republican side. We to have a heated debate, a very nec- ployee, if you have a plan offered by an know how to fix it and to look to the essary and important debate. But this employer, you can choose to keep it or free enterprise system to fix things and should be a debate that allows all of choose to take the tax credit and buy not look to socialism, which is what these different ideas and facts to come another plan. And empowering every- our colleagues on the Democrat side out. one else that doesn’t have an employer- look to. They look to socialism, they But there is an old adage that says if provided plan, that empowering of you look to central command, they look to you don’t learn from the mistakes of and I to take control of our health care a Washington bureaucrat to tell us how history, you are doomed to repeat it. back will let us shop for the best qual- to run not only health care, but I want So I think if you go back to January ity care at the lowest price, which we to also indicate we have had plans and review the last 6 months and you can’t do right now. Right now it’s a about a lot of things. look at the mistakes that have been

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17720 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 made along the way and transpose that So people who are admitting on one that we establish a socialized medicine to the bill that was filed today, this hand they misread the economy, every- program. So the gentleman who’s lived government takeover of our health one’s acknowledged that their stimulus for that—or excuse me, the gentleman care system, you’ll see a lot of similar- plan isn’t working and is spending who’s lived with that in Tennessee— ities to the previous mistakes that’s money we don’t have. the doctor from Tennessee, Dr. ROE, if been made up until this point. Then they’re talking about doing an- you could tell us what you learned in When the President came in in Janu- other stimulus bill to spend even more Tennessee with the plan that was simi- ary, his first initiative was this mas- money we don’t have. lar to that that Obama has proposed. sive so-called stimulus bill: $787 billion Mr. AKIN. I need to interrupt. I am Mr. ROE of Tennessee. We have been in spending, borrowed money that we so hopelessly confused. I really need over that previously. don’t have, money that’s going to be some help from my colleagues tonight. But a couple of things I wanted to borrowed against our future, China and Mr. KING of Iowa. I’m not ready to bring out. other countries that will be loaning us endorse that statement that’s been This is from the CBO this afternoon that scored this bill that we’re looking this money. This bill was touted as a made by the gentleman from Missouri. at here. It’s 1,000-plus pages. After we way to save the economy. Mr. AKIN. I remember we were prom- have this monstrous government take- The President said we need to do this ised if we don’t pass the stimulus bill, over in 10 years, we still have 17 mil- or else unemployment will reach 8 per- we’re going to see unemployment over lion people uninsured. And, I mean, it’s cent. Today as we stand here and re- 8 percent. And so, of course, we didn’t astonishing to me that we would look view that bill, as my friend from Geor- vote for it. But they passed the stim- at a bill like this and still have almost ulus bill, and now we’ve got 9.5, or gia said, where are the jobs? We know half the people uninsured with the gov- whatever it is percent, unemployment it hasn’t created jobs. In fact, since ernment then making health care deci- Mr. BROUN of Georgia. It’s 14 per- President Obama took office, two mil- sions. lion more Americans have lost their cent in many of my counties in the One of the things we were talking jobs. In the meantime, the stimulus 10th Congressional District in Georgia. about, cancer a moment ago, and I bill is starting to have effects on the Mr. AKIN. This is part of the plan. think what we want to say is—and I economy, but now you are beginning to By golly, it just seems like to me think the gentleman from Arizona has see the beginnings of inflation because maybe we shouldn’t have passed that. hit it right on the head—you need to of all of this borrowing. Mr. KING of Iowa. If I could reclaim have patients in charge of health care You are also seeing the fact that this my time before I yield back. decisions. bill is clearly not working—not only I want to point out this 9.5 unem- When I began my practice in the all of us who voted against the bill and ployment rate, it equates into real peo- early 1970s and in the late 1960s when I proposed an alternative, and the Presi- ple. That’s 141⁄2 million that are unem- was a medical student, 80 percent of dent who vowed to be so bipartisan ployed; and when you add then to those children who went to St. Jude Chil- would not work with any Republicans who are looking for a job that have ex- dren’s Hospital died of their childhood to take some of the ideas that we had, hausted their unemployment benefits, cancer. Eighty percent died. Today ideas to actually empower Americans, you’ve got another 6.8 or 6.9 million. over 80 percent live. It’s really a phe- to allow small businesses to hire peo- You round that down to 20 million peo- nomenal story to tell a parent. Almost ple, to give tax relief to small busi- ple looking for a job in America, and all children with leukemia have lived nesses and families that are struggling that’s the stimulus plan. now. It’s unbelievable. And that’s hap- out there. The President didn’t want to I yield to the gentleman from Mis- pened in the last 35 or 40 years. approach any of those ideas. He just souri. When I began my medical practice al- wanted this one-size-fits-all govern- Mr. AKIN. Your 20 million people are most half the women who came to me ment-run program, spend more money, the number of people almost that don’t with breast cancer—and we saw too $800 billion. have health insurance. So now we’ve many of those—died within 5 years. And now just last week his own Vice created 20 million unemployed through Survival rates now are in the high 90s. President said this plan, they misread this wonder of economics, this Keynes- It’s astonishing. It’s a wonderful story. the economy. And the President him- ian economics that supposedly says the When the patient comes in, they’re self is going around saying—first he’s government goes on a spending spree, frightened, and you have already men- saying that he wouldn’t do anything everybody is going to be doing great. tioned how scary that was when you differently on the stimulus bill and he Mr. KING of Iowa. Twenty million are diagnosed with cancer. But to know said the stimulus bill is working ac- that are uninsured. By the time you that you are going to get through it, cording to plan. take it down to the chronically unin- that’s what this phenomenal health Now, I’m not sure what plan he had, sured, according to a Penn State study care system in America has produced. And what is amazing to me is that but two million more people out of by a couple of professors at Penn State, we’re going to have this bill that’s a work from the day he took office, un- that’s 10.1 million chronically unin- thousand-plus—well, that’s the start of employment approaching 10 percent, sured, and that equates to a little bit it. It will still leave that many people and he said that’s the plan that’s work- less than 4 percent of the population of uninsured. And we have heard right ing. the United States of America. That’s here tonight a better way to do it, a Mr. SHADEGG. He said what? what we’ve got. Mr. BROUN of Georgia. This health much simpler way from the ground up. Mr. SCALISE. He said he wouldn’t do And let me give you one other exam- care bill is going to put more people anything differently and the stimulus ple. It’s very simple. In my own med- out of work. More people are going to bill was working according to plan. ical practice back in Tennessee, we be unemployed. And it’s going to hurt Mr. SHADEGG. He was planning on have 290-something people who get 9.5 percent unemployment? the economy even more, which is going health insurance through our practice. Mr. SCALISE. Clearly he must have to mean more cost to the American We have two plans we offer them. One been because he and his own Vice taxpayers. So taxes are going to go up is just your standard Blue Cross plan, President not only are saying that that and the cost of health care is going to 80–20, we all are familiar with. The bill, the stimulus bill, is working ac- skyrocket. other is a health savings account, high cording to plan but they’re saying on Mr. KING of Iowa. But if the gen- deductible plan where you have the the other end, some people in the tleman from Georgia—reclaiming my first $5,000 out of pocket. You pay for White House are saying they’re so con- time, and I would pose the question that. We put $4,200 away for that. cerned now about the economy and the back to the panel that’s here of the ex- approaching 10 percent unemployment perts. This was President Obama’s eco- b 2045 that they’re talking about doing a sec- nomic development plan. This eco- Everything above $5,000 is paid 100 ond stimulus. nomic crisis that we’re in commands percent. Eighty-four percent of the

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17721 people in that practice, nurses, techni- bill to get to 219. And that’s how we’re fact that we don’t want some govern- cians, whatever, chose to manage their going to construct health care reform ment bureaucrat rationing our health own health care dollars, not the insur- in America. care and telling us that we’re too old ance company but them. They will lose Mr. SHADEGG. I just want to say, I and that it is too expensive for us. We that ability with this particular plan, compliment the gentleman, and he would rather have a competitive sys- and I think that was a plan right now asked me to go get this information tem and let us see what we can buy that I use and that people all over the and I’ve gotten it. with our own dollars rather than hav- country want to be in charge of their For any American who wants to read ing a bureaucrat rationing our health health care decisions, not the govern- the bill as it exists tonight, which as care. ment. my colleague from Michigan has just There are other things that we be- Mr. KING of Iowa. Reclaiming my pointed out will change probably at lieve in. The gentleman has introduced time from the gentleman from Ten- 3:09 in the morning on the day we vote another bill that he didn’t talk about nessee, I am watching the gentleman on it, you can go to the Energy and tonight, my good friend from Arizona, from Michigan reading through his Commerce Committee Web site and and that’s a bill that says that you can thousand-plus-pages bill here, with his download or read the bill yourself. To go shopping for health care. And what exemplary model of concentration in get there, you go to it does is it prevents any health care the middle of all this. I think you could www.energycommerce—the word en- provider from cornering some section do this under fire. ergy, E-N-E-R-G-Y, then with no space of the market. It says you can go buy What have you learned since the last the word commerce, C-O-M-M-E-R-C- your health care from across State time you imparted some knowledge? E—.house.gov. You will then see an lines. If an insurance provider wants to And I yield to the gentleman from icon that says Quality Affordable allow you to buy the insurance, you Michigan. Health Care Act. If you click on that can go to a different place to get that. Mr. HOEKSTRA. I thank the gen- icon, you, yourself, can download those So we create legitimate competition in tleman for yielding. 1,100 pages and enjoy reading it the the marketplace. This is an amazing bill. We’ve talked way my colleague from Michigan has What we have always stood for is about the creation of this commis- enjoyed reading it and some of the bi- freedom, and what is being proposed sioner who will have the power to im- zarre things in it. here is the same rubber-stamped balo- plement much of what is in here. You Mr. HOEKSTRA. Actually, if you ney that we have seen all the last 6 start reading it and you really can’t click on that icon, your computer will months. It is more taxes and more bu- understand it because it’s not written crash. reaucracy. The solution to every prob- in plain English; although, in the bill, I thank my colleague for getting that lem to a liberal is more taxes and more there’s a requirement that stuff be information for us. Thank you. bureaucracy. The only thing is it is es- written in plain English. And then you Mr. KING of Iowa. Reclaiming my calating. This is $1.5 trillion worth of start getting into the penalties and the time and appreciating the facile infor- taxes that’s going to be required to fines and the payments for people who mation that will, I think, rather than make this work, and there’s no idea don’t meet certain regulations or cer- put a person to sleep, cause insomnia if anybody has of how they are going to tain requirements. anybody reads this, and I appreciate come up with that. There goes more I haven’t gotten to the tax part yet, the effort to do so. It can be a selfless deficit. There are plain English things that but as I’ve been briefed on this pro- act of intellectual scholarly patriotism make health care work, and to try to gram throughout the day, I think we to read some of this, but I’ve heard destroy the best health care system in all recognize that this massive new free enough of the gobbledygook that came the world with this bureaucratic stuff health care from the government is not out of it from Mr. HOEKSTRA’s reading is a travesty. It’s really wrong. going to be free. It’s going to cost us a it, the requirement that it be and re- Mr. KING of Iowa. Reclaiming my lot of money. quired to be in plain English catches time, when the gentleman refers to There’s a lot of stuff in here about me a little bit off balance, having plain English principles, you aren’t the authorities of the IRS and what the heard the language that’s in the bill, talking about the United Kingdom IRS can do, and then you start getting not having read it. principles of a national health care act. in here and, you know, you start read- And I yield to the gentleman from You’re talking about the things we un- ing what services are included, which Missouri. derstand in the language which we ones are excluded and those types of Mr. AKIN. I think that we’ve had refer to as the plain English language things. And what you recognize is we’re chance a little bit to take a look, and that we all should understand, and I going to see the same thing on this bill I think in a constructive way to, lam- would yield back to the gentleman for that we saw on cap-and-trade. poon this method of doing business. We a response to that clarification. Remember what happened on cap- already saw the 1,100- or 1,200- or 1,400- Mr. AKIN. Well, that’s right, and and-trade? There was a 900-page bill page bill and then 300 pages of amend- what we’re talking about here, though, that passed out of your committee and, ments at 3 o’clock in the morning, all is if you get it done late enough at you know, late Thursday night, early this kind of gobbledygook, and the night and nobody has a chance to read Friday morning, when they didn’t have equivalent of a czar to take over 20 per- it, you can sneak it by. And that’s not the votes— cent of our economy, which is health a principle that Americans should be Mr. SHADEGG. 3:09 in the morning. care. And yet, the fact of the matter is proud of. We heard an awful lot about Mr. HOEKSTRA. At 3:09 in the morn- those of us standing here—and we can transparency, but we’ve seen none of ing, they added about this many more do this a little bit with a sense of transparency. All we’ve seen is dark-of- pages to the bill. humor, almost crying at the same the-night, backroom deals, and more Mr. KING of Iowa. 316 pages. time—know that there are some very taxes, more regulations, more bureauc- Mr. HOEKSTRA. 316 pages to get to plain English principles which we have racy, and this one threatens the lives 219 votes, and nobody knew what was all seen that make health care work, and livelihoods of our constituents. in it, and you’re going to see the same things that we all stand for and believe Mr. KING of Iowa. Reclaiming my thing here. in. time, there’s a philosophy here again, This bill cannot get 218 votes because We believe in the fact that there this dividing philosophy between the this bill will be out there for the Amer- should be a relationship between a doc- people that are right on the right side ican people to read for the next couple tor and a patient, and the bureaucrat of the political spectrum and the peo- of weeks, but don’t worry, the night be- shouldn’t get in the way. I think an ple that are wrong on the left side of fore it will be changed and there will be awful lot of Americans believe in that, the political spectrum. 400 new pages at least buying off Mem- too. I think that those of us standing And I remember when the wall went bers’ votes to get something into this in this Chamber tonight believe in the down on November 9, 1989. The Iron

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17722 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 Curtain came crashing down, and it to the point where they can’t continue So, anyway, I had a medical officer came crashing down because free enter- it but it’s because of Federal law that with me and I asked him to look in on prise trumped central planning in the they have to treat these illegal aliens. this and see what you can do to save 5-year plan. And the difference is be- So everybody has access to health this fellow’s life, and it turned out to cause we’re in the business of seeking care. So we are really talking about be this. They came across the border. to enhance and improve the overall an- two things in this health care debate, The ambulance had no oxygen in it, no nual average productivity of every not one. It’s not monolithic. We have medical equipment in it. It only had a American. If we do that, our economy health care system and the provision of little bit of gauze and a few surgical thrives, and when our economy thrives, health care on one side, which is abso- gloves and that was really it. So the our quality of life goes up in proportion lutely the very best in the world, and U.S. ambulances showed up, put oxy- to the way our economy thrives. That’s we have health care financing on the gen on him and triaged him, and we the part of human nature that is at the other hand that is broken. loaded him in the helicopter and flew core of the difference in this philos- And we’ll all agree that health care him off. I went to visit him in the Tuc- ophy. financing is broken, but it’s broken be- son University Hospital the next day. And they, the people who don’t show cause of government and government He survived, and it cost us $30,000. up down here to carry on this debate regulation and government intrusion But it caused me to sit down with the because they cannot carry out this de- in the health care system. And they CFO, who told me that it costs them bate in the face of the logic and the want to make more intrusion into the annually an average of $14.5 million to plain English that they’re faced with, system, which is going to make it more provide health care there for illegals they believe in central planning. They expensive. It’s going to raise taxes on and that Tucson University is the most believe they can put together a plan everybody in this country. southerly trauma center in all of Ari- and a model and the inside that will It’s going to raise the cost of every zona, and that a bus full of illegals had tell everybody what to do at every mo- single good and service in this country been wrecked near Tucson and in it ment. And there will be a rule written because it’s going to be mandated to were 25. Fifteen went into intensive and a law written and some contin- all businesses, so they’re going to have care. Their IC unit was tied up, and so gency plan for everything that might to charge more for their goods and the people from Tucson that paid their go wrong, and somehow they can put services. So everything’s going to go premiums were taken up to Phoenix together the master utopian formula up. Our economy is going to go down. where the family had to drive up there that’s going to improve and strength- I can see the headlines a few years to visit the patient. en—actually, the plan is to strength from now. Headlines: Obama lied, the That is what I saw. The man that them politically, not to improve the economy’s dead. And that’s a potential represents a good chunk of Arizona knows it for a fact. I’d be happy to lives in America so much. that we have with this health care sys- But their idea has failed because they tem. And it’s absolutely critical the yield to the gentleman, Mr. SHADEGG. don’t believe in human nature being American public understand that it is b 2100 competitive, and they don’t believe going to be extremely expensive. It’s Mr. SHADEGG. I thank the gen- that there’s goodness in the heart of all going to increase costs to everybody, tleman. And I just want to reiterate of us as well as evil in the heart of all and it’s going to raise taxes on small this point. Republicans are here for a of us. We legislate against the evil and business so people are going to be put cause. We believe in something. We be- we enhance the goodness. They just out of work because of this plan that’s lieve in bringing down the cost of simply say the reason people don’t suc- being introduced today. health care in America. ceed is because conservatives got in Mr. KING of Iowa. Reclaiming my The President has said those costs their way, and that’s the cynical ap- time, and I thank the gentleman from are unsustainable—and they are. Re- proach. Georgia, and it references me to the publicans are here for the cause. Our I yield first to the gentleman from health care providers that have cause is to help families and businesses Georgia and back to the gentleman dropped out, gone out of business or get a hold of their health care costs from Arizona. failed to expand or diminished their op- and bring them down. Mr. BROUN of Georgia. I thank the erations because of having to provide But here’s how we want to do it. We gentleman for yielding. free health care to, let me say, free want to do it through patient-centered I want to point out something in health care to illegals. health care. Patient-centered health plain English, as Mr. AKIN was just And I’m thinking of the gentleman care offers the best way to reduce doing. We hear on the House floor here from Arizona, and I think of Arizona health care costs. The old Washington, over and over again that there are 45 whenever I think of losing access to D.C.-centered, top-down approach that million or 47 million people that don’t health care because of having to pro- Democrats envision will empower bu- have health care in this country. vide free health care to illegals. At a reaucrats in this city. And those bu- That’s false. It’s a blatant falsehood time that I stopped down in an unan- reaucrats will restrict cures, restrict that’s being perpetuated on the floor of nounced surprise visit at Sasabe, Ari- treatments, and get between you and this House. Everybody in this country zona, at the port of entry, and there as your doctor. The Washington-centered has access to health care. The question I was talking to the shift supervisor, system will cost trillions more—and is where do they get it, who pays for it, whose name I remember and decline to they admit it. That’s the price tag on and at what cost. put in the CONGRESSIONAL RECORD, he their bill. The reason everybody in this country got a call on his cell phone. He said, The President sees the problem, but has access to health care is because Just a minute. I’m going to take care he’s got the solution wrong. They want they walk into any emergency room in of something. I’ll come back to you. a Washington-centered plan. We want a this country, and under Federal law, He took care of it. He came back to patient-centered reform. They want a the emergency room doctor, the emer- me in a few minutes, and he said, Well, Washington-centered experiment. We gency room has to evaluate and essen- you’re going to see a Mexican ambu- want simple, commonsense fixes. They tially treat everybody who walks in. lance come across the border, and then want a closed health care system where That’s the reason if you walk into an I’ve already called U.S. ambulances to Washington bureaucrats make the de- emergency room in Augusta, Georgia, come down and do the handoff, and I’ve cisions. We want an open health care or Athens, or Elberton or anyplace in called the dust off to come—he said system where you and I, patients, peo- my district, you will see the emergency Life Flight—to come and pick up this ple, average Americans get to make room filled with illegal aliens who are patient who has been knifed in a knife those decisions. We want bottom-up, going there. The taxpayers of America fight in Mexico, and this ambulance empower Americans, patient-centered. are paying for their health care in the and their care won’t take care of him, They want top-down, bureaucrat-driv- hospitals, and the hospitals are getting so we’re going to do that. en.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17723 The political artificial cost reduc- Mr. HOEKSTRA. Will the gentleman Waiting lists are what I hear about tions they talk about won’t happen. If yield? all the time when I’m talking to our we empower a big Washington-run mo- Mr. ROE of Tennessee. Yes. friends across the border. But what I nopoly, it won’t work. I repeat what I Mr. HOEKSTRA. Are you telling me hear from the medical professionals said before. Since when did getting the if someone actually breaks their hip in and the hospitals in Michigan is we government involved, since when did Canada, then it doesn’t take 2 to 3 treat the well-to-do Canadians who will having the government take over years? come across the border and access our something bring down costs? Mr. ROE of Tennessee. No, this is an health care because they’re unwilling If you join us, if you believe that elective replacement. to be on a waiting list. And they recog- Americans should be empowered from Mr. KING of Iowa. Reclaiming, I pose nize that being on a waiting list isn’t the bottom up, not told what to do this issue here, but it isn’t true for all having your problem taken care of. from the top down, then help us and Canadians. And I say this because even If you’ve got to wait for 117 days or don’t let this plan pass. Help Repub- though there’s a law in Canada that 171 days—117 days for a bypass—excuse licans pass a plan, a simple plan that prohibits one from jumping ahead in me—I think that’s about 112 or 113 days will help American families and Amer- the line or having a policy or a plan too long. ican businesses. that gives them preferential treat- Mr. ROE of Tennessee. One hundred- Mr. KING of Iowa. Reclaiming my ment, they want everybody down at sixteen for me. time, and I thank the gentleman from the bottom. Mr. HOEKSTRA. If it’s you. If it were There are provinces that don’t en- Arizona. I just think about when I lis- me, I would say it’s about 116 days too force it equally. So there are places ten to you talk, that’s—I think—the long. The same thing for a hip replace- where people carve out their own spe- most inspiring dialog that’s flowed out ment and all of that. The American cial privileges so that those who are in the last hour and a half or 2 hours. health care will fundamentally change better off have an avenue to better I think of hundreds of millions of in- if this goes into effect. dividual Americans who are addressing health care, even though the law says Mr. KING of Iowa. Reclaiming my their own individual health care issues not. But that’s within the Canadians. time, in the brief moment that we have and their health insurance issues, And let them do it. left I want to make the point that if Mr. HOEKSTRA. If the gentleman knowing their particular problems, the Canadians were protected by con- will yield for just a minute. knowing their cash flow, knowing what Mr. KING of Iowa. But it’s what hap- stitutional rights that we have as the options are and making an in- pens in America. I would yield to the Americans, they would be protected, formed decision, each one individually gentleman from Michigan. I know because it’s cruel and inhuman to ask as an individual or a family, working you’re on the border. the Canadians to give up on their ac- in conjunction often with an employer Mr. HOEKSTRA. Because the Cana- cess to good health care here in the who has a series of policies out there dians have another way to escape. United States of America. that can be offered, that individual in- They escape to the American system. You can go on the Web site and you tellect that’s there, and having faith in Some of our busiest hospitals are those can find companies in Canada that the individuals, as compared to an al- along the border. So the Canadians have been formed by entrepreneurs most one-size-fits-all plan that com- that have the resources and are at the that turnkey the package. If you need petes directly against the private sec- bottom of the line, what they will do is a hip replacement in Canada, you can tor and takes away that individual ini- they will jump the border and they will find a tour company that will set you tiative and put us down into this thing get their health care in the United up and say, Here’s your flight to Se- that they would call safety net of gov- States. attle or Detroit or wherever it might ernment, which clearly has a lot of Mr. BROUN of Georgia. Will the gen- be, or maybe Houston for heart sur- holes in it, and has in every govern- tleman yield? gery. Here’s the surgeon, here’s the ment that’s tried to produce this plan. Mr. HOEKSTRA. Yes. hotel, here’s the transportation. I’d be happy to yield to the gen- Mr. BROUN of Georgia. I heard just Mr. HOEKSTRA. We can take care of tleman from Tennessee, the one who’s recently about a patient in Canada this in Michigan. We’ve got great doc- illustrated the TennCare issue and also that had such severe knee pain that he tors and hospitals who are ready, will- his professional expertise as a doctor. was having to take narcotics. It took ing, and able to serve. I appreciate the Mr. ROE of Tennessee. I thank the him over 1 year just to go see an ortho- leniency of the Chair to make sure that gentleman for yielding. This is very pedic surgeon. I can get this paid public announce- simply what’s going to happen—what If a patient comes to see me and has ment in for the State of Michigan. will occur in a government-run plan. knee pain, I pick up the telephone and Mr. KING of Iowa. Let me conclude First of all, I can assure you it’s going call an orthopedic surgeon and I’ll get by simply saying that this Obama care to cost you two times what these esti- them within a week or two. But it took is cruel and inhuman to Canadians. mates are. That’s what happened in this patient over 1 year to ever go see And I would yield back the balance of Tennessee with our TennCare plan. the orthopedic surgeon and to get the my time and thank my colleagues for Secondly, the way all of these plans x-rays that he needed to evaluate his being here. work is they ultimately ration care. knee pain. When he finally saw the or- f When you have a certain amount of thopedic surgeon, the doctor said, Well, CURRENT COUNTERPRODUCTIVE dollars that you spend on health care you need this surgery. And the Cana- POLICIES and the demand is higher than the dol- dian said, Well, that’s fine. Let’s sched- lars to pay for it, you create waste. ule it. He said, No, we have to put you The SPEAKER pro tempore (Mr. Just an example. In Canada for a hip on a wasting list. SCHAUER). Under the Speaker’s an- replacement it’s 2 to 3 years to get So he came—I don’t know if he came nounced policy of January 6, 2009, the your hip replaced. Bypass surgery is 117 to one of your local hospitals there in gentleman from California (Mr. ROHR- days. Here in this country, George Michigan—but he came to the U.S. to ABACHER) is recognized for 60 minutes. Washington University very near here, get his surgery done on his knee. And Mr. ROHRABACHER. Mr. Speaker, as or Georgetown—it will be done very that’s exactly what this government I stand here on the floor of the House quickly. program is going to do to Americans. tonight and after hearing this fine So those are things that happen in a But where are we going to go if they presentation and thinking about all government-run plan. And who needs indeed put this into place? the things that are going on in Wash- to be making health care decisions are Mr. HOEKSTRA. Reclaiming your ington right now, I am reminded of the families, patients, and their physi- time but given to me, what this Wall television series ‘‘The Twilight Zone’’. cians. That’s who should be making Street Journal says: ‘‘Access to a wait- These days, I half expect Rod Serling those decisions. ing list is not access to health care’’. to appear from behind a curtain and

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17724 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 announce that ‘‘This is the Twilight dollars sent overseas for energy, while Our Constitution was once revered. Zone.’’ at home no new oil refineries, no hy- That, more than anything else, kept Well, yes, there’s almost a bizarre droelectric dams, no nuclear power America on the right track, our Con- sense of unreality here in the Nation’s plants. stitution and the rights it incor- Capitol—the transformation of private We are told of course, You have to porated. One of the constitutionally liability into public debt on a massive rely on solar, only to find out that rad- protected rights that is often over- scale; the unprecedented level of deficit ical environmentalists in the name of looked was key to the success of our spending, debt piled upon debt; bor- protecting the habit of insects and liz- country, helping us overcome hard rowing from China in order to give for- ards are blocking the building of solar times and ensuring the well-being and eign aid to other countries; enacting plants in the desert. We can’t even safety of our people. Protecting this Draconian restrictions and controls on build an aqueduct in California because right is essential if we are to turn a national economy and on the lives of of a tiny fish—the delta smelt. So our around the economic decline that we our people in order to stop the planet people will suffer because of concern are now suffering. from going through a climate cycle. over a worthless little fish that’s not It is this right and the efforts being What? The Earth has had so many even good enough to use as bait. made in Congress to undermine it that climate cycles in the past, and now it’s People are beginning to suffer in the is the subject of my speech tonight. being used—the one we’re in, which is Central Valley for lack of water. That little recognized, but immensely very little different than any of the There’s no water for the crops. There’s important, fundamental right is the other cycles we have been in—it’s being just about enough water for them. So specific protection provided in our Con- used to justify economy-killing and they don’t have a job and they can’t stitution to America’s innovators, cre- freedom-killing controls, taxes, and pay for food. Water prices are going up ative citizens and free thinkers, and to mandates, and putting power in the for tens of millions of Californians in every person with a new way of ap- hands of international bodies that southern California, taking even more proaching a problem or getting the job should be the power of the people of the money out of our pockets, further un- done or making a system just a little United States to run their own life. dermining our people’s ability to pay bit more efficient. Article I, section 8 of that great doc- Our Nation’s borders leak like a spa- for their basic essentials. ument, the U.S. Constitution, states ghetti strainer. Millions of people ille- Yet, with all of this, just a few weeks that ‘‘Congress shall have the Power to gally continuing to pour into our coun- ago Congress voted not to help our suf- promote the Progress of Science and try to consume limited health care, fering people and move forward with useful Arts, by securing for limited education, and other social service dol- water production, but to protect that Times to Authors and Inventors the ex- lars. And, yes, to take jobs away from damn little fish. our people and, in some cases, to com- clusive Right to their respective b 2115 mit crimes against our people. Our gov- Writings and Discoveries.’’ Signifi- ernment just lets it happen. We can’t Well, then on top of it all, last year, cantly the word ‘‘right’’ only appears even build a darn fence. in the name of preventing economic ca- once in the body of the Constitution, And we have had a one-way free trade lamity, Congress was stampeded into and that is in article I, section 8, which policy with China that has all but giving away trillions of dollars. Much I just read. That word ‘‘right’’ was in place even killed medium- and large-scale manu- of it to—well, nobody knows really who before the Bill of Rights was added to facturing in our country and which has did get all of that money. We have pro- the Constitution, which suggests these relegated our own people to low-paying vided hundreds of billions to the finan- economic rights were believed to be as jobs and sent trillions of dollars to cial industry, fat cats who have been giving themselves bonuses even as they vital to the future of our country as Communist China. were the other rights that were pro- No one has even suggested a change drove their own companies into the tected: freedom of religion, the rights in that obviously rotten policy if, for ground. Well, I would rather spend the money on lizards than on that bunch. of speech and assembly. nothing else, just to give our economy Our technological genius and the And here we are facing an economic a little boost. Instead, we begged the laws consistent with the intent of the crisis, and even after all of these mind- gangster regime that runs China to Constitution which was protecting and boggling giveaways, we still face the loan us even more money—money that promoting that genius, accomplished they accumulated because of a trade same economic crisis. And those mind- what they were intended to accom- policy that has been monstrously coun- boggling giveaways of trillions of dol- plish. It has been America’s techno- terproductive to the long-term inter- lars, which we are now going to have to logical edge, flowing from that funda- ests of our own people—a one-way free pay the interest on because it is now mental legal protection, that has per- trade policy. debt that is owed by the American peo- mitted our people to enjoy the highest And that’s not the only counter- ple, this may well have made the situa- standard of living in the world and al- productive policy which has brought tion worse and more damaging and lowed our people a level of opportunity, our economy to its knees. Our people elongated our economic hardship. which gave common people the chance are suffering high energy prices need- As I say, it is all a bit bizarre. But if to live decent lives and to control their lessly. There are dollars being siphoned we are to pull our country out of this, own destiny. off from our pockets and deposited in we need to mobilize and activate our It has provided the technology need- the coffers overseas—the coffers of rich people. It is time not to give up, but to ed to defeat tyranny and keep our peo- foreigners. Some of these rich for- buck up and to stand up. With all that ple safe from foreign armies and terror- eigners who are now receiving all of is facing us, let’s not forget that Amer- ists. Technology and freedom go to- these dollars which we have to spend to icans have an inherit resilience. We gether; our Founding Fathers knew buy energy, some of these foreigners have met and overcome great chal- this. It is also true of technology and hate us. lenges in our past. The fundamentals prosperity. It is not just hard work And while what little money we have were, of course, in the right place in that built America. People around the goes to buying foreign oil, massive do- those days. Our people were strong and world work hard, and so many of those mestic deposits of oil and gas worth had a culture of self-reliance. Our lead- people who work so hard live in abject trillions of dollars are left untouched, ers, I dare say, had more courage, com- poverty. But when coupled with tech- untapped, and unused. mon sense and even perhaps integrity nology, and, yes, freedom, that hard Off the West Coast, huge caverns of than today’s bunch. Our freedom was work produces vast amounts of wealth, valuable oil and gas are sitting there, our greatest asset. It was intact, yet to even while easing the burden on the unused, even as California sinks into be eroded by decades of Federal expan- working people themselves. an economic abyss and public services sion of our government into areas that Benjamin Franklin, Thomas Jeffer- are cut back or canceled. Trillions of it was never meant to go. son, George Washington and others, all

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17725 of our Founding Fathers, were not only ever. They were told 110 years ago that this legislative lunacy. But they keep people who believed in freedom, but what they sought to create was impos- coming back. They have got deep pock- they were people who also believed in sible. Yet with limited resources and ets. technology and the potential genius of protected by our robust patent system, So here we go again, to fight the the American people. By the way, Jef- they took humankind with its feet same fight over nearly the same bill. ferson, the author of the Declaration of planted firmly on the ground and sent But if we lose it just once, the funda- Independence, was also the first head of us soaring into the air and then into mental protections of our technology our country’s patent office. the heavens, just two ordinary Ameri- rights will be lost forever. There is no As our Founding Fathers wanted, we cans, the Wright brothers. going back if we lose because this is an have had the strongest protection of One segment of our population, Black attempt to tie us, we, the American patent rights of any country in the Americans, have been prolific inven- people, to ‘‘international commit- world. That is why in the history of all tors, men like Jan Matzeliger, a former ments’’ rather than to constitutional humankind there has never been a slave who invented a machine used in protections. more innovative or creative people. It shoe manufacturing. It was Matzeliger Stick with me on this. didn’t just happen. It happened because who, protected by a patent, brought America’s economic adversaries are our Constitution and our Founding Fa- down the cost of shoes for an entire engaged in a systematic attack on our thers saw to it that our law protected population. Before this man made his well-being, and thus they have noticed the ownership of one’s intellectual cre- invention and put it to work in the one of the strongest and most impor- ations. shoe industry, most Americans had one tant elements of our country’s success Americans led the way in uplifting pair of shoes for their entire life. has been the patent protection enjoyed humankind’s quality of life and giving There is also George Washington by our people. That is what this so- average Americans the opportunity to Carver, a world-respected scientist and called patent ‘‘reform’’ is all about. It prosper and enjoy life. Who created the inventor, and so many more Black is not reform, but it is about the de- American Dream? Our people who Americans. Why? Because in that era, struction of our basic system which worked hard. But also our inventors when Blacks were discriminated has served us so well. who gave them the technology they against, we actually respected the This crime in progress is being needed to do their job better than ever rights of technology ownership of pushed by huge multinational corpora- before. That is how highly paid people Black inventors. Thus they excelled tions with little or no loyalties to our were able to outcompete large numbers when their rights were protected. And country or our people. The justifica- of lowly paid people. America’s goal America and the world were better for tion for this attack on our patent sys- was to build a country where all of us, it. tem, as I say, a patent system that has not just the elite, could have a wonder- Our technological superiority pro- served us so well, the justification, the ful life and could live in prosperity. vided us with prosperity that has also proponents claim, our patent system is Eli Whitney invented the cotton gin. kept us safe. We cannot match the ty- so different that it must be harmonized He also invented interchangeable parts rants and the gangsters man for man with the rest of the world. Get this: we for manufacturing. How did that because they don’t care if they lose have to weaken the protection of our change America? How did it change the their own people. We must beat down technology ownership rights to har- world? Ordinary people had clothes and our competitors and our enemies with monize our laws with the rest of the jobs thanks to Eli Whitney and the superior technology, or we will lose, world. Our laws are, in fact, substan- American Constitution that encour- and our people will suffer as a result. tially different. So harmonization aged and protected his genius. Cyrus Bad policies put us in our current means dramatic changes in our system. McCormick invented the reaper. Before economic crisis. Tonight I warn of a In the end, that will change the lives of that, farm workers had to carry heavy huge policy shift that is making its our people. And the change will be for tools and work themselves half to way through this twisted legislative the worst. death. The amount of harvest was lim- path into law. If the legislation I am The corporate elitists who are push- ited, and it was all based on human warning about tonight passes in both ing this consider themselves globalists. strength and not the strength of the Houses of Congress and is signed into They are not watching out for us. In machine. With the invention of the law, the legal protections for our this battle over so-called patent ‘‘re- reaper, ordinary people, farmers and la- innovators and innovations that have form,’’ their goal is not reforming, but borers, had better lives and lived made such a difference in America will diminishing the legal protections for longer lives and stomachs that were be greatly diminished, if not destroyed. Americans, for American inventors. filled with an abundance of food. So take this as a fellow patriot sound- This in the name of harmonizing with Samuel Morse invented the tele- ing the alarm. the rest of the world our inventors will graph, tested right here in this very Tonight I would like to speak about be made vulnerable to those who would building, the Congress of the United something that would be devastating, rob them and thus rob America of the States. And from it came, of course, another awesome threat. Yet there is a advantage that we have been given due Alexander Graham Bell’s telephone. blase attitude here, and one would to this strong patent protection. And then there was Thomas Edison think that this is just a minor, if not This is what gives us the advantage, who invented the light bulb, and so irrelevant, issue. The fundamental our technological advantage, against many other inventions that uplifted changes being proposed in our patent overseas competition. That will be the life of ordinary people. law will have a huge impact on our taken from us. If America is to be pros- These were not just accidents. These lives and will dramatically alter the perous, if we are to be secure in the fu- creative people were able to flourish lives of our children for the worst. ture, we must take on our own cor- under a system of constitutional pro- Tonight I seek to alert my fellow porate elites who would change the tections that were superior to any Americans just how significant this rules to our detriment but perhaps to other such protections anywhere in the issue is to their jobs, their prosperity their short-term gain. world. and, yes, their safety. The so-called Those playing the sinister game are, Perhaps the epitome of the little Patent Reform Act of 2009, H.R. 1260, is of course, not saying that they are out guys who, with freedom, accomplished a bill that is not new to these Halls. It to destroy the patent system. Well, greatness, were the two fellows who is nearly duplicative of legislation that they act aghast when confronted with owned a bicycle shop in Ohio, the has been introduced time and again. this suggestion. But from a distance, it Wright brothers. These two very ordi- Each time a small group of patriots, is clear. Here is an article in the China nary Americans ended up inventing and I’m proud to have been among Intellectual Property News about last something just a little more than 100 them, has managed to defeat the multiyear’s legislation that, as I say, is a years ago that changed the world for- national corporations who are behind bill that almost totally mirrored the

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17726 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 current bill that is going through Con- There are delays and our innovators beled it the Steal American Tech- gress. They are almost the same bill. could use some help in protecting nologies Act. Again, it wasn’t—these This analysis was written by a themselves from foreign thieves and in- bills that we have defeated in the past former senior judge and deputy pre- fringers. So we have got some problems are not that much different than what siding judge, two of them, of the intel- with our patent system that need to be we have before us today. Well, that lectual property division of Beijing’s addressed. Steal American Technologies Act, that High People’s Court, whom I now But that has nothing to do with H.R. label stuck, and it worked, with a little quote: ‘‘The bill is friendlier to the in- 1260, the bill now making its way help from talk radio. fringers than to the patentees in gen- through Congress. Everyone assumes And then, also confirming that de- eral as it will make the patent less re- that a bill entitled Patent Reform mocracy really works, David beat Goli- liable, easier to be challenged, and would be doing that, would be cor- ath. Yes, we, the small group of inde- cheaper to be infringed. It is not bad recting the problems of the patent sys- pendent Members of the House, work- news for developing countries which tem. The title of this bill is so fraudu- ing together on both sides of the aisle, have fewer patents.’’ lent that if it were a product, it would we won. And that means the American Then the authors who are writing be banned from the market for making people won. Clearly, by the outcome, this article asked, Why is it that the false claims. this wasn’t a Democrat or a Republican United States is making it easier to This bogus reform bill has visited us issue. It was an American issue. The violate the intellectual property rights before. As I say, it’s come before. We’ve patriots beat the globalists. of our people while at the same time had these same multinational Now, we have another attempt, very trying to convince China and others to megacorporations trying to undermine similar to the ones that we have beat respect the intellectual property rights the patent system. We’ve seen it time in the past is being made now. It’s of Americans? He asked that question and again. But if it ever passes once, working its way through the system in in this article. Now, that is from a sen- we’re never going to be able to get the name of harmonizing American ior Chinese scholar about the legisla- these rights back. patent law with the rest of the world. tion that we stopped last year, and A similar one was beaten back a It’s still here. We defeated it in the that legislation was almost the same dozen years ago, as well as another just years past. If we don’t win this time, as what we are facing this year. a year ago. The same crowd that was all of these patent rights we’ve enjoyed behind those inventors’ nightmares is will be lost forever because they’re try- b 2130 behind this year’s anti-inventor foray. ing to tie this in to international Certainly none of his criticisms are Let’s put it this way: They are power- agreements rather than the U.S. Con- different for this year’s bill than what ful, multinational electronics compa- stitution. they were for last year’s bill. nies with no allegiance to Americans But, as I said, when they come back, Mr. Speaker, it’s estimated that the or America. Let me just note that the big companies that were pushing U.S. economy loses $250 billion a year some of these companies, for example, this have deep pockets and they’re able from global intellectual property theft, have had situations in China where to come back, but we who opposed it and that does not take into account they ended up working with the Chi- need the support of the American peo- the jobs that are lost here when China nese dictatorship utilizing their comple if we are to win this battle with Go- and other countries steal and use our puter systems to track down dissidents liath this year. technology to compete with our own and to stamp out people who are strug- So here we go again. It’s H.R. 1260. companies and put our own people out gling for freedom in that country. On People should remember that number. of work. That loss is billions and bil- our side—so that’s the people who are It is the son of the Steal American lions more. trying to reform America’s patent sys- Technologies Act. It contains all of Now, that’s under current law they’re tem. those provisions that we hated so able to steal that and use our tech- On our side, well, we’re just a ragtag much. That bill has already passed nology against us. That’s not under the group of legislative insurgents trying through the United States Senate. It watered-down system which will result to stop this incredible change to the should be considered a primary threat from the so-called reform bill which is fundamental rights of our people. to our freedom at this moment. The now being considered here on Capitol MARCY KAPTUR, a Congresswoman on globalists, the corporate thieves and Hill. This at a time when our country the other side of the aisle and a fine the looters behind this bill are intent can ill afford such a drain. We are try- friend and a wonderful Member of Con- to get it through and they will not give ing to change our laws so that it will gress, with little help from STENY up. They must be defeated instead, and make it easier for foreigners to steal HOYER, again, now a leader on that that won’t happen on its own. our technology and use it against us. other side of the aisle, along with DON Those of us who are fighting the bat- Yet, those pushing the so-called pat- MANZULLO and JOHN CAMPBELL of Cali- tle here in the House and in the Sen- ent reform legislation are making our fornia and myself and just a few others, ate, we must act in coordination with innovators and research industries we were able to fight that good fight the American people. The American even more vulnerable to such blatant over the years. people need to get involved or we lose. theft, even though we are now in a But no one thought we had a chance What are some of the specifics that time of economic hardship. Foreign because we didn’t have any of the big back up my charge that this bill under- firms in India and China and elsewhere money behind us. We didn’t have these mines patent protection rather than are getting ready to pounce. multinational corporations. We didn’t reforms the system, as we are told? When looking at the general state of have the high-priced lobbyists who go Well, this first glaring issue is that America’s patent system, and that’s to the Judiciary Committee year after the bill changes a fundamental concept what we’re doing tonight, we need to year giving donations to the members that has always been part of American admit, and I will fully admit, there are of the Judiciary Committee in order to patent law which is differentiated from lots of flaws in our patent system and, get this bill out in the form they want. the other patent laws around the yes, there are problems in our patent No one thought that we had a chance world. And that one element, the most system that need to be addressed. because they already laid the founda- important concept, is that it is the per- We hear of horror stories concerning tion with all of their campaign dona- son who actually invents something companies that are tied up for years in tions and all of their influence in who is the one who will get the patent court. We hear about examiners who Washington. Well, so we were told even and have the rights of ownership of are undertrained and overworked, and before it was brought up, you don’t that technology. The one who actually that’s absolutely true. They aren’t get- have a chance. Forget it. invents something. ting the training they need and they We labeled their Trojan horse legisla- Other countries have patents that are not getting the pay they deserve. tion, this antipatent legislation, we la- are based on who managed to file for a

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17727 patent first; in other words, who got to his patent is issued here in the United piece of property that he thought that the paperwork, who could hire the law- States. he put his whole life into. yer, who managed to bribe the official This pre-grant opposition helps only b 2145 or managed to understand the dead- the big guys, only the infringers and lines better, not who invented the tech- the looters. It hurts the little guys. So, through H.R. 1260, we will add all nology, who filed the paperwork first. And that’s the intent of the law. That’s sorts of new ways to attack America’s And this is as compared to our system why the change is being proposed. inventors. The big guys don’t care. where people who actually invent new That’s why they’re pushing this law, They’ve got lots of lawyers working for technology have the right to own it. because it hurts the little guys, and them. The big guys will be able to beat The legislation now making its way the big guys are pushing the bill. down the little guys, Americans, just through Congress changes our current Then the bill also contains a newly like the little guys in Japan are beaten system from first to invent, which is invigorated post-grant review, which down by the economic shoguns. what it’s been all these years from our means yet another avenue to challenge By the way, in Japan, that’s why country’s founding, to what is called patents after they’ve actually been there are so few really groundbreaking first to file. If put into law, any new granted, bogging down the system, in- inventions. Japan has a totally dif- application or action will be needed creasing inventor costs, undermining ferent system than ours. Their patent every time there’s a little step forward legitimate inventors, and opening the system favors the mega-corporations in research. Any time one is going to- door to foreign and multinational cor- at the expense of the little guy. In fact, wards an eventual goal, even one step, porations who are all ready, they’re the Japanese system is what they want there’s going to be new paperwork de- ready to pounce to take advantage of to harmonize our system with. Those manded, new action, new applications yet another post-grant review of the rights are protected here in the United to be filled out, rather than waiting for patent. States by our Constitution and by the the goal to be achieved, waiting for the For those of you in the know, the way our system works. In Japan, their entire invention to actually be com- post-grant review is a totally unneces- people are vulnerable. plete, so that it can be incorporated sary change, a nonlegislative reform in Do we really want to be like those into a patent. the interparties’ reexamination, a re- people in Japan? Well, because so many more patent form that has already taken place, has No, we don’t want to harmonize the applications are required now, if we taken care of any problem that this strong legal protections of our citizens make this change, to provide exactly new legislation claims to address. So with the weak legal protections in the same protection, there will be a the problem that they were suggesting Japan and in other countries of the major new cost of getting a patent. that would take care of has already world. We don’t want Americans to be Well, the little guys aren’t going to be been addressed through several court like the Japanese. We want Americans able to afford that cost. Well, the big cases and internal reform. So the need who are individuals, who are proud of guys can afford it. The major compa- for a post-grant review change is moot, their individual rights, not people who nies who have lots of lawyers working unless, of course, your goal is to com- cower before powerful interest groups for them, they’ll be able to afford that. plicate the system, to bog it down so it as they do in Japan. Foreign companies The little guy will be frozen out. That’s doesn’t work, which is the intent of the and American-run multinational firms the intent of the legislation. That’s bill. are ready to squash the little guy. what they want to do. Reform that enables large companies, That’s what this bill is all about, and The massive new flood of paperwork foreigners, and other infringers to at- we’ve got to stop them. into the Patent Office is also a dooms- tack our inventors again and again and Another example of the real threat of day scenario that is bound to make the add horrifying costs to the process is H.R. 1260 is it would make it more dif- Patent Office less effective in doing its not reform. ficult for a patent owner to get triple basic job, which is protecting the pat- And it is not just foreigners who are damages against an infringer who bra- ent rights of our people. That is the in- licking their chops. As I say, there are zenly ignores the patent owner’s rights tent of the legislation, to basically multinational corporations that are and uses his invention, even knowing make the Patent Office less effective, ready that may be headed by Ameri- he is stealing it, without offering to not more effective. So the little guy cans who think of themselves as citi- pay a royalty. Without triple damages, will get frozen out and the system be- zens of the world. They’re ready. which is what someone gets now—the comes less manageable because you But also, we’ve got, actually, compa- inventor will get triple damages have all kinds of new paper to be deal- nies that are ready to assist people who against a big company that just willing with. try to violate the little guy’s patents fully takes his patent rights and re- Those powerful interests pushing this rights. ‘‘Patent Assassin,’’ that’s a fuses to pay him a royalty. Without so-called harmonization know very quote, ‘‘Patent Assassin’’ is a Cali- triple damages, these little guys won’t well what the results will be. This isn’t fornia company that is ready to help be able to get the lawyers to work for a mistake in communication. They potential infringers, and I quote from them on a contingency, which is the know what they’re doing. They already their Web site. ‘‘You can easily infil- only way that someone who is a little steal what they can from the little trate an existing patent while greatly guy and who has been wronged by a guys, and this will make it easier for reducing your company’s patent in- huge multinational corporation, is them to steal from the little guys. It fringement risk.’’ going to be able to have any chance of looks benevolent. It sounds benevolent, H.R. 1260 will only provide more tools winning. Only big companies with law- patent reform, but this is a sinister, for organizations like this and foreign yers on staff will be able to protect sinister bill. It will destroy rights that companies, as well as major inter- their patents. Nobody else will be able the American people have had since the national corporations, to destroy the to because the little guy, without tri- founding of our country and have had rights of inventors that they have en- ple damages there to help pay for the so much to do with our prosperity and joyed in this country since the found- lawyer, won’t be able to get a lawyer to our security. ing of our country. work with him. Giant foreign and mul- Well, then, in this legislation, there You know, when you look at the pat- tinational companies versus individual is a pre-grant and post-grant review ent bill, much of it is not changing the American inventors: If they win, we section. The bill opens up new avenues way the patent system works, but, in- lose. If this bill passes, America loses. of attack before and after a patent ap- stead, changing litigation, so the way Eliminating the right to triple dam- plication has been acted upon. For ex- litigation is. This will be a tremendous ages is still in the House version of this ample, a patent applicant has applied boost for lawyers who are seeking to so-called reform bill. This absurdly bad for an overseas patent, and if he does, use their skills to take something provision is not in the Senate bill, but it opens him up to attack even before away from someone who owns a little until that bill appears in a final form

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17728 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 from the conference committee and is tended theft, which is what happens almost $4 billion in patent infringe- voted for on the House floor and on the today when these companies steal from ment settlements during the same pe- Senate floor in its final version, that the little guy, will be a thing of the riod. provision can stay in. We have no idea past. That’s what the big guys want. So no wonder they want to change whether that provision will stay in, as They don’t want to get away with mur- the rules. No wonder they want to de- is in the House version, or will be der, but they want to get away with stroy the patent system. By coming taken out, as is in the Senate version. just about everything else. here and giving people campaign dona- It’s not just triple damages, but it’s That’s what this so-called patent re- tions and by spending all of this money also how the damages themselves will form is all about. It is clear the so- in promoting this monstrous bill, it be calculated, which is yet another av- called patent reform bill is designed to costs them a lot less money to change enue of attack on the little guy by the help the law breaker—the big guns— the law than it does for them to have big guys in this so-called patent reform and to hurt the little guy. It helps for- to pay for the infringement and to have bill. eign infringers and it hurts Americans. to pay for the crimes against these The electronics industry is arguing It’s the patriots versus the globalists. small inventors. They want to make that any payment for patent infringe- All of this—the shift to first to file, sure that, actually, they will be able to ment, which is the only penalty that pre- and post-grant review, changes to steal the product of other people’s can be paid—meaning if they stole basic willfulness, and calculable dam- work, of these small inventors in our somebody’s idea and put it into their ages—really amounts to more than country. Actually, it will pay them to computer—must reflect what percent- harmonization, doesn’t it? We’re not do so rather than to try to work out an age it is of that which they have stolen just talking about harmonizing with understanding of where that person of the entire device or end product. the rest of the world. When you put all could be paid a royalty, which is what Thus, a mega-corporation will inten- of this together, what do you get? they should be paid when they own a tionally infringe because stealing is The electronic mega-companies be- piece of intellectual property. going to be a lot easier than will nego- hind the scurrilous legislation have la- Well, we don’t work for these big tiating a price with the inventor. If beled themselves the so-called ‘‘coali- companies. We work for our families, someone is stealing someone else’s in- tion for patent fairness.’’ What do they for our communities, and we work for vention, it basically eliminates some- want to do? It’s very clear. They don’t America. We are the patriots. We are one’s right to negotiate that price, and want patents at all. They would be not the globalists. Most of the corporate elites of those mega-firms see if the damages can only be equal to a much better off if we rid our country themselves as citizens of the world, small percentage of the device in which and the world of the idea of patents all while we are Americans. The changes it’s placed, the corporation will do together. It’s just too bothersome for in this bill are designed to help a few that—will steal it—rather than nego- them, and so to hell with all the oth- hugely rich companies, and it will dev- tiate a royalty agreement. ers—the inventors, the green-collar This is an invitation to steal. This astate hundreds more. jobs, the biotechnology, the pharma- Dozens and, indeed, hundreds of orga- totally destroys the inventor’s right to ceuticals, our university research pro- nizations have expressed outright oppo- negotiate the price for his property. grams—all of which have a profound sition or deep concern with this bill. Combine that with the increased dif- dependence on a strong patent system. They are telling Congress do not favor ficulties in claiming what ‘‘willful- These high-tech and mega-electronics one narrow industry simply because it ness’’ is in that they’re trying to make corporations say they can just go to has been so active and has been in- it more difficult to prove that someone hell. All of these will suffer by this so- volved with pushing this legislation. has intentionally stolen someone’s called reform legislation. So big elec- Do what is best for America. We need property. This means that the infring- tronics is thumbing its nose at Amer- the American people to tell that to ers who have intended to steal tech- ica, and it thinks it can get away with their Representatives and to let their nology and who have done so with an it. Representatives know that they are arrogant disregard for the small All of the rest of us, all of these other watching what goes on with patent patentholder will get away with their interests in our society—the univer- law. crimes, and the patentholder will be sities and the biotechs and other inter- The big corporate thieves are depend- left with a minuscule award, so minus- ests which rely on patents and the ing on us to be so bored with the issue. cule that he won’t be able to hire legal pharmaceutical industry which pumps ‘‘Oh, I’m just going to tune it out be- services to help him assert his rights to so much money into research—will just cause it sounds like it’s boring, and I the properties that he has created. have their research stolen from them couldn’t understand it.’’ That’s what This is in total violation of what our by foreign corporations. they’re relying on. Well, it’s not too Constitution was all about. Our Con- Look at the main proponents of H.R. boring, and people can understand it. stitution was about protecting that 1260. Now, I won’t name who the main People should understand how impor- man’s right to his inventions and to his proponents are of H.R. 1260. I won’t tant it has been that our country has discoveries. That’s what it says in the name them—they’re these mega-elec- had the strongest patent protection of Constitution, but this bill is going tronics companies—but they are made any country on this planet, just as we through, and it will have a dramatic up of only one narrow sector of the en- have had the same and strongest pro- impact on our way of life. If made law, tire American industry. These compa- tection for the other rights—for our this will kill any chance for individuals nies got to the top by using aggressive freedom of speech, for our freedom of to hire legal muscle needed to enforce business models that, at best, put them religion and for other rights. one’s patent rights against corporate into the gray area. Now that they are What would happen if, in order to or foreign theft. on top, they want to change the rules harmonize the freedom that we enjoy So, yes, we’ve got mega-corporations so they can stay up on top by keeping with the rest of the world—the freedom run by people who don’t consider them- others down. of religion and the freedom of speech— selves patriots, but foreign corpora- Let me say that just a few more than we were told that our protections of tions will have that same power. a dozen of these companies that are be- these freedoms would have to be dimin- They’ll use our technology against us. hind this legislation—a few more than ished because we would have to dimin- The inventor who may have struggled a dozen—have faced hundreds of law- ish the protections of freedom of for years to discover and to develop the suits for infringement in the past dec- speech, of assembly and of religion be- invention, who might have even in- ade. From 1996–2008, these very compa- cause they need to be harmonized with vested his life savings, will be at the nies that are at the heart of the coali- the rest of the world? Well, the uproar mercy of foreign and corporate thieves. tion, who are pushing for this destruc- would sweep across our country, but Punishing the large multinational cor- tive legislation, were defendants in 730 the deletion of this right, the dimin- porations for malfeasance, or for in- patent infringement cases and paid out ishing of patent protection, seems so

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17729

esoteric to most people that they won’t Mr. SPRATT, for 5 minutes, today. Exemption [EPA-HQ-OPP-2009-0256; FRL- even listen. But if we don’t listen and Mr. DELAHUNT, for 5 minutes, today. 8422-3] received July 2, 2009, pursuant to 5 if we don’t get involved, the big guns Mr. BRADY of Pennsylvania, for 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- will think that they can slip it over on minutes, today. riculture. 2631. A letter from the Director, Regu- us. They’ve been trying to do that for (The following Members (at the re- latory Management Division, Environmental 15 years. Only a small group of us has quest of Mr. POE of Texas) to revise and Protection Agency, transmitting the Agen- been able to stand up, but we need the extend their remarks and include ex- cy’s final rule — Cyazofamid; Pesticide Tol- help of the American people. traneous material:) erances [EPA-HQ-OPP-2008-0731; FRL-8423-5] We need the American people to Mr. POE of Texas, for 5 minutes, July received July 2, 2009, pursuant to 5 U.S.C. speak up. We need people to call talk 20 and 21. 801(a)(1)(A); to the Committee on Agri- radio. We need people to confront their Mr. JONES, for 5 minutes, July 20 and culture. own Members of Congress. We need to 21. 2632. A letter from the Director, Regu- latory Management Division, Environmental tell the powerful infringers, You are Mr. PENCE, for 5 minutes, today. Protection Agency, transmitting the Agen- not going to diminish the rights of the Mr. INGLIS, for 5 minutes, July 20. cy’s final rule — d-Phenothrin; Pesticide American people in order to harmonize Mr. BILIRAKIS, for 5 minutes, today. Tolerances [EPA-HQ-OPP-2008-0140; FRL- the law internationally. The patriots Mr. MORAN of Kansas, for 5 minutes, 8417-4] received July 2, 2009, pursuant to 5 in this country are not going to see today, July 15, 16 and 17. U.S.C. 801(a)(1)(A); to the Committee on Ag- their rights diminished in order to cre- Mr. GINGREY of Georgia, for 5 min- riculture. ate a new world order where we can all utes, today. 2633. A letter from the Director, Regu- latory Management Division, Environmental live in harmony with the rest of the Mr. FORTENBERRY, for 5 minutes, Protection Agency, transmitting the Agen- world, which, of course, is run by gang- today. cy’s final rule — Dodecanedioic acid, 1, 12- sters and thugs—half of the rest of the Mrs. BACHMANN, for 5 minutes, today. dihydrazide and Thiophene, 2,5-dibromo-3- world. We’re not going to act like peo- Mr. BROUN of Georgia, for 5 minutes, hexyl-; Significant New Use Rules [EPA-HQ- ple in the rest of the world where we today. OPPT-2006-0898; FRL-8398-5] (RIN: 2070-AB27) let the elite tell us what to do. We have (The following Members (at their own received July 2, 2009, pursuant to 5 U.S.C. constitutional rights. We are Ameri- request) to revise and extend their re- 801(a)(1)(A); to the Committee on Agri- cans, but it’s up to us to protect those marks and include extraneous mate- culture. rights. rial:) 2634. A letter from the Director, Regu- latory Management Division, Environmental Wake up, America. Our freedom is Mr. SHIMKUS, for 5 minutes, today. Protection Agency, transmitting the Agen- being threatened. Every generation has Mr. HIMES, for 5 minutes, today. cy’s final rule — Polyglyceryl Phthalate met the challenges, and now it is up to f Ester of Coconut Oil Fatty Acids; Exemption us—us, United States, U.S. It is up to from the Requirement of a Tolerance [EPA- us. ADJOURNMENT HQ-OPP-2008-0888; FRL-8423-1] received July Well, we are on the edge right now. Mr. ROHRABACHER. Mr. Speaker, I 2, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to We are on the edge on a lot of things. move that the House do now adjourn. the Committee on Agriculture. Our economy is going down. This could The motion was agreed to; accord- 2635. A letter from the Director, Regu- latory Management Division, Environmental be the nail in the coffin. If this bill ingly (at 10 p.m.), the House adjourned Protection Agency, transmitting the Agen- passes, it will have dramatic, negative, until tomorrow, Wednesday, July 15, cy’s final rule — Pyrimethanil; Pesticide long-term effects on our economy and 2009, at 10 a.m. Tolerances [EPA-HQ-OPP-2008-0478; FRL- on the well-being and prosperity of our f 8423-6] received July 2, 2009, pursuant to 5 people. We need to act. Wake up, Amer- U.S.C. 801(a)(1)(A); to the Committee on Ag- ica. EXECUTIVE COMMUNICATIONS, riculture. With that, I yield back the balance of ETC. 2636. A letter from the Director, Regu- my time. Under clause 2 of rule XXIV, execu- latory Management Division, Environmental tive communications were taken from Protection Agency, transmitting the Agen- f cy’s final rule — Sodium 1,4-Dialkyl the Speaker’s table and referred as fol- LEAVE OF ABSENCE Sulfosuccinates; Exemption from the Re- lows: quirement of a Tolerance [EPA-HQ-OPP- By unanimous consent, leave of ab- 2627. A letter from the Director, Regu- 2008-0739; FRL-8423-2] received July 2, 2009, sence was granted to: latory Management Division, Environmental pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. DAVIS of Illinois (at the request Protection Agency, transmitting the Agen- mittee on Agriculture. of Mr. HOYER) for July 13. cy’s final rule — Mandipropamid; Pesticide 2637. A letter from the Chief Counsel, De- Ms. GINNY BROWN-WAITE of Florida Tolerances [EPA-HQ-OPP-2007-0461; FRL- partment of Homeland Security, transmit- (at the request of Mr. BOEHNER) for 8422-5] received July 8, 2009, pursuant to 5 ting the Department’s final rule — Changes July 13 on account of personal reasons. U.S.C. 801(a)(1)(A); to the Committee on Ag- in Flood Elevation Determinations [Docket riculture. ID: FEMA-2008-0020; Internal Agency Docket Mr. UPTON (at the request of Mr. 2628. A letter from the Director, Regu- No. FEMA-B-1044] received June 29, 2009, pur- BOEHNER) for July 13 on account of latory Management Division, Environmental suant to 5 U.S.C. 801(a)(1)(A); to the Com- family commitments. Protection Agency, transmitting the Agen- mittee on Financial Services. Mr. YOUNG of Florida (at the request cy’s final rule — Indoxacarb; Pesticide Toler- 2638. A letter from the Chairman and Presi- of Mr. BOEHNER) for today on account ances [EPA-HQ-OPP-2008-0271; FRL-8424-9] dent, Export-Import Bank, transmitting a of a family medical emergency. received July 8, 2009, pursuant to 5 U.S.C. report on transactions involving U.S. exports 801(a)(1)(A); to the Committee on Agri- to Ireland pursuant to Section 2(b)(3) of the f culture. Export-Import Bank Act of 1945, as amended; SPECIAL ORDERS GRANTED 2629. A letter from the Director, Regu- to the Committee on Financial Services. latory Management Division, Environmental 2639. A letter from the Chairman and Presi- By unanimous consent, permission to Protection Agency, transmitting the Agen- dent, Export-Import Bank, transmitting a address the House, following the legis- cy’s final rule — Buprofezin; Pesticide Toler- report on transactions involving U.S. exports lative program and any special orders ances [EPA-HQ-OPP-2008-0589; FRL-8421-3] to Egypt pursuant to Section 2(b)(3) of the heretofore entered, was granted to: received July 8, 2009, pursuant to 5 U.S.C. Export-Import Bank Act of 1945, as amended; (The following Members (at the re- 801(a)(1)(A); to the Committee on Agri- to the Committee on Financial Services. quest of Ms. WOOLSEY) to revise and ex- culture. 2640. A letter from the Attorney, Office of tend their remarks and include extra- 2630. A letter from the Director, Regu- Assistant General Counsel for Legislation neous material:) latory Management Division, Environmental and Regulatory Law, Department of Energy, Protection Agency, transmitting the Agen- transmitting the Department’s final rule — Ms. WOOLSEY, for 5 minutes, today. cy’s final rule—2-Propenoic acid, 2-methyl-, Energy Conservation Program: Test Proce- Mr. MCMAHON, for 5 minutes, today. polymers with Bu acrylate, Et acrylate, Me dures for Small Electric Motors [Docket No.: Ms. KAPTUR, for 5 minutes, today. methacrylate and polyethylene glycol EERE-2008-BT-TP-0008] (RIN: 1904-AB71) re- Mr. DEFAZIO, for 5 minutes, today. methacrylateC16-18-alkyl ethers; Tolerance ceived July 8, 2009, pursuant to 5 U.S.C.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17730 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009 801(a)(1)(A); to the Committee on Energy and fice’s Federal Activities Inventory Reform titles were introduced and severally re- Commerce. (FAIR) Act Inventory Summary as of June ferred, as follows: 2641. A letter from the Director, Regu- 30, 2009; to the Committee on Oversight and By Mr. TURNER (for himself and Mr. latory Management Division, Environmental Government Reform. Protection Agency, transmitting the Agen- 2651. A letter from the Acting Director, Of- MILLER of North Carolina): H.R. 3195. A bill to create a National Home cy’s final rule — Approval and Promulgation fice of Sustainable Fisheries, NMFS, Depart- Mortgage and Loan Performance Registry to of Air Quality Implementation Plans; Penn- ment of Commerce, transmitting the Depart- maintain an inventory of the supply and per- sylvania; Allegheny County, Continuous ment’s final rule — 2009 Monkfish Research formance of home mortgage loans in the Set-Aside Program [Docket No.: 080626787- Opacity Monitor Regulation [EPA-R03-OAR- United States to show market trends and dy- 8788-01] (RIN: 0648-XP54) received July 8, 2009, 2009-0352; FRL-8929-2] received July 8, 2009, namics in the mortgage lending industry and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- provide detailed information on national mittee on Natural Resources. mittee on Energy and Commerce. mortgage foreclosure rates; to the Com- 2642. A letter from the Director, Regu- 2652. A letter from the Acting Assistant mittee on Financial Services. latory Management Division, Environmental Administrator for Fisheries, National Oce- anic and Atmospheric Administration, trans- By Mr. TURNER: Protection Agency, transmitting the Agen- H.R. 3196. A bill to impose limitations on mitting the Administration’s 2008 report to cy’s final rule — Approval and Promulgation investment and certain operations by foreign Congress on the ‘‘The Status of U.S. Fish- of Air Quality Implementation Plans; Texas; entities in the United States; to the Com- eries,’’ pursuant to Section 304 of the Magnu- Revisions to the 1-Hour Ozone Plan for the mittee on Financial Services, and in addi- son-Stevens Fishery Conservation and Man- Beaumont/Port Arthur Area: Control of Air tion to the Committees on Foreign Affairs, agement Act, pursuant to 5 U.S.C. Pollution from Volatile Organic Compounds, and Energy and Commerce, for a period to be 801(a)(1)(A); to the Committee on Natural Nitrogen Compounds, and Reasonably Avail- subsequently determined by the Speaker, in Resources. able Control Technology [EPA-R06-OAR-2005- each case for consideration of such provi- TX-0005; FRL-8928-6] received July 8, 2009, 2653. A letter from the Secretary, Depart- ment of Transportation, transmitting the sions as fall within the jurisdiction of the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- committee concerned. mittee on Energy and Commerce. first of five reports required by Section 1201(c) of the American Recovery and Rein- By Mrs. MCMORRIS RODGERS: 2643. A letter from the Director, Regu- H.R. 3197. A bill to direct the Secretary of vestment Act of 2009 (Recovery Act) detail- latory Management Division, Environmental Education to provide grants to local edu- ing the Department’s progress; to the Com- Protection Agency, transmitting the Agen- cational agencies to conduct demonstration mittee on Transportation and Infrastruc- cy’s final rule — Approval and Promulgation projects to screen the blood pressure of chil- of Air Quality Implementation Plans; Vir- ture. 2654. A letter from the Assistant Secretary dren in kindergarten through grade 6; to the ginia; Update to Materials Incorporated by Committee on Education and Labor. Reference [VA201-5202; FRL-8923-9] received for Legislative Affairs, Department of State, transmitting a copy of Presidential Deter- By Mr. YOUNG of Alaska: July 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); mination No. 2009-22, waiving the application H.R. 3198. A bill to authorize the Secretary to the Committee on Energy and Commerce. of the Interior to provide international wild- 2644. A letter from the Director, Regu- of subsections (a) and (b) of section 402 of the Trade Act of 1974 with respect to the Repub- life management and conservation programs latory Management Division, Environmental through the Wildlife Without Borders Pro- Protection Agency, transmitting the Agen- lic of Belarus will substantially promote the objectives of section 402; (H. Doc. No. 111–57); gram in the United States Fish and Wildlife cy’s final rule — American Recovery and Re- Service, and for other purposes; to the Com- investment Act of 2009 (Recovery Act) Clari- to the Committee on Ways and Means and ordered to be printed. mittee on Natural Resources. fication of April 30, 2009, Addendum to Sup- By Ms. HARMAN (for herself, Ms. plemental Funding for Brownfields Revolv- f BEAN, and Ms. HERSETH SANDLIN): ing Loan Fund (RLF) Grantees [FRL-8925-6] REPORTS OF COMMITTEES ON H.R. 3199. A bill to amend the Public received July 2, 2009, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS Health Service Act to provide grants to 801(a)(1)(A); to the Committee on Energy and State emergency medical service depart- Commerce. Under clause 2 of rule XIII, reports of ments to provide for the expedited training 2645. A letter from the Acting Director, De- committees were delivered to the Clerk and licensing of veterans with prior medical fense Security Cooperation Agency, Depart- for printing and reference to the proper training, and for other purposes; to the Com- ment of Defense, transmitting Transmittal calendar, as follows: mittee on Energy and Commerce. No. 09-29, pursuant to the reporting require- By Mr. DINGELL (for himself, Mr. Mr. GORDON of Tennessee: Committee on ments of Section 36(b)(1) of the Arms Export RANGEL, Mr. WAXMAN, Mr. GEORGE Science and Technology. H.R. 1622. A bill to Control Act, as amended; to the Committee MILLER of California, Mr. STARK, Mr. provide for a program of research, develop- on Foreign Affairs. ment, and demonstration on natural gas ve- PALLONE, and Mr. ANDREWS): 2646. A letter from the Acting Director, De- H.R. 3200. A bill to provide affordable, qual- hicles; with an amendment (Rept. 111–206). fense Security Cooperation Agency, Depart- ity health care for all Americans and reduce Referred to the Committee of the Whole ment of Defense, transmitting Transmittal the growth in health care spending, and for House on the State of the Union. No. 09-24, pursuant to the reporting require- Mr. GORDON of Tennessee: Committee on other purposes; to the Committee on Energy ments of Section 36(b)(1) of the Arms Export Science and Technology. H.R. 2729. A bill to and Commerce, and in addition to the Com- Control Act, as amended; to the Committee authorize the designation of National Envi- mittees on Ways and Means, Education and Labor, Oversight and Government Reform, on Foreign Affairs. ronmental Research Parks by the Secretary 2647. A letter from the Secretary, Depart- and the Budget, for a period to be subse- of Energy, and for other purposes; with an ment of Health and Human Services, trans- quently determined by the Speaker, in each amendment (Rept. 111–207). Referred to the mitting the semiannual report on the activi- case for consideration of such provisions as Committee of the Whole House on the State ties of the Office of Inspector General for the fall within the jurisdiction of the committee of the Union. period ending March 31, 2009, pursuant to 5 Mr. PERLMUTTER: Committee on Rules. concerned. U.S.C. app. (Insp. Gen. Act) section 5(b); to House Resolution 644. Resolution providing By Mr. LAMBORN (for himself and Mr. the Committee on Oversight and Govern- for consideration of the bill (H.R. 3170) mak- BISHOP of Utah): H.R. 3201. A bill to amend the General Min- ment Reform. ing appropriations for financial services and 2648. A letter from the Secretary, Depart- ing Law to provide for a fair return to the general government for the fiscal year end- ment of Housing and Urban Development, public, security of tenure to holders of mining September 30, 2010, and for other pur- transmitting the Department’s semiannual ing claims and mill sites, and cleanup of poses (Rept. 111–208). Referred to the House report from the office of the Inspector Gen- abandoned mine lands, and for other pur- Calendar. poses; to the Committee on Natural Re- eral for the period October 1, 2008 through Ms. MATSUI: Committee on Rules. House sources. March 31, 2009, pursuant to 5 U.S.C. app. Resolution 645. Resolution providing for con- By Mr. BLUMENAUER (for himself, (Insp. Gen. Act) section 5(b); to the Com- sideration of the bill (H.R. 3183) making ap- Mr. LATOURETTE, Mr. SIMPSON, Mr. mittee on Oversight and Government Re- propriations for energy and water develop- DICKS, and Mr. PETRI): form. ment and related agencies for the fiscal year 2649. A letter from the President and Chief H.R. 3202. A bill to establish a Water Pro- ending September 30, 2010, and for other pur- Executive Officer, Federal Home Loan Bank tection and Reinvestment Fund to support poses (Rept. 111–209). Referred to the House of Pittsburgh, transmitting the 2008 State- investments in clean water and drinking Calendar. ments on System of Internal Controls of the water infrastructure, and for other purposes; Federal Home Loan Bank of Pittsburgh, pur- f to the Committee on Transportation and In- suant to 31 U.S.C. 9106; to the Committee on PUBLIC BILLS AND RESOLUTIONS frastructure, and in addition to the Commit- Oversight and Government Reform. tees on Energy and Commerce, Ways and 2650. A letter from the Director, Office of Under clause 2 of rule XII, public Means, and Science and Technology, for a pe- Personnel Management, transmitting the Of- bills and resolutions of the following riod to be subsequently determined by the

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17731 Speaker, in each case for consideration of year as a cost-of-living increase under such Free Europe/Radio Liberty; to the Com- such provisions as fall within the jurisdic- title shall in no case be less than the per- mittee on Foreign Affairs. tion of the committee concerned. centage increase in compensation of Mem- By Mr. GRIFFITH: By Mr. LAMBORN (for himself and Mr. bers of Congress specified for such year H. Res. 642. A resolution expressing the BISHOP of Utah): under section 31 of title 2, United States sense of the House of Representatives with H.R. 3203. A bill to promote remediation of Code; to the Committee on Ways and Means. respect to legislation relating to changes in inactive and abandoned mines, and for other By Mr. PALLONE: our Nation’s health care system; to the Com- purposes; to the Committee on Energy and H.R. 3212. A bill to amend the Public mittee on House Administration. Commerce, and in addition to the Commit- Health Service Act to improve the health of By Mr. GRIFFITH: tees on Transportation and Infrastructure, children and reduce the occurrence of sudden H. Res. 643. A resolution expressing the and Natural Resources, for a period to be unexpected infant death and to enhance pub- sense of the House of Representatives that subsequently determined by the Speaker, in lic health activities related to stillbirth; to any major health care reform bill considered each case for consideration of such provi- the Committee on Energy and Commerce. on the floor should be available for viewing; sions as fall within the jurisdiction of the By Mr. PAUL: to the Committee on Rules. committee concerned. H.R. 3213. A bill to amend the Internal Rev- By Mr. BRADY of Pennsylvania (for By Mr. TURNER: enue Code of 1986 to expand and make perma- himself, Mr. DANIEL E. LUNGREN of H.R. 3204. A bill to authorize States and lo- nent the standard deduction for real prop- California, Mr. BONNER, Mr. CAPUANO, calities receiving assistance under the erty taxes; to the Committee on Ways and Mr. DOYLE, Mr. DREIER, Mr. LEWIS of Neighborhood Stabilization Program of the Means. California, Ms. ZOE LOFGREN of Cali- Department of Housing and Urban Develop- By Mr. ROONEY: fornia, and Mr. MICA): ment to use such amounts for renovating H.R. 3214. A bill to provide for credit rating H. Res. 646. A resolution honoring the owner-occupied housing of low-income fami- reforms, and for other purposes; to the Com- memory and lasting legacy of Sally Crowe; lies; to the Committee on Financial Serv- mittee on Financial Services. to the Committee on House Administration. ices. By Mr. ROONEY: By Ms. SCHWARTZ (for herself and Mr. H.R. 3215. A bill to authorize the Secretary By Mr. LIPINSKI: SAM JOHNSON of Texas): of the Interior, acting through the National H.R. 3205. A bill to amend the Internal Rev- H. Res. 647. A resolution supporting the Park Service Superintendent of the Ever- enue Code of 1986 to deny any deduction for goals and ideals of ‘‘National Save for Re- glades National Park, to allow individuals to advertising health insurance; to the Com- tirement Week’’, including raising public hunt and kill Burmese pythons within the mittee on Ways and Means. awareness of the various tax-preferred retire- boundaries of that Park; to the Committee By Ms. SPEIER (for herself, Ms. BALD- ment vehicles and increasing personal finan- on Natural Resources. WIN, Mr. BUTTERFIELD, Mr. BERMAN, cial literacy; to the Committee on Financial By Mr. ROSS (for himself, Mr. FRANK Mr. SHERMAN, Mr. SCHIFF, Mr. INS- Services. of Massachusetts, Mrs. LUMMIS, Mr. LEE, Ms. LORETTA SANCHEZ of Cali- By Ms. WATSON (for herself, Mr. BUR- HERGER, Mr. BOREN, Mr. TANNER, Mr. fornia, Mr. PALLONE, Mr. NADLER of TON of Indiana, Mr. STARK, Mr. GRI- CHILDERS, Mr. SMITH of Nebraska, New York, Mr. HONDA, Mr. HASTINGS JALVA, Ms. LORETTA SANCHEZ of Cali- Mr. BERRY, Mr. MCGOVERN, and Mr. of Florida, Ms. ESHOO, Mr. WEINER, fornia, Ms. LINDA T. SA´ NCHEZ of Cali- HILL): Mrs. NAPOLITANO, Mr. GEORGE MIL- H.R. 3216. A bill to amend the Communica- fornia, Mr. YARMUTH, Mr. COHEN, Mr. LER of California, Mr. MCNERNEY, tions Act of 1934 to permit the retrans- PALLONE, Mr. HIGGINS, Mr. CUELLAR, Mrs. MALONEY, Mr. HINCHEY, Mr. mission of signals of local television broad- Mr. KUCINICH, Mrs. NAPOLITANO, Ms. BLUMENAUER, Mr. MCDERMOTT, Ms. cast stations in an adjacent underserved EDWARDS of Maryland, Mr. HINCHEY, SCHAKOWSKY, Ms. DEGETTE, Ms. LEE county, and for other purposes; to the Com- Mr. BACA, Ms. WOOLSEY, Ms. HIRONO, of California, Mr. GRIJALVA, Ms. mittee on the Judiciary, and in addition to Ms. KAPTUR, Mr. DOGGETT, Mr. JACK- MATSUI, and Mr. MILLER of North the Committee on Energy and Commerce, for SON of Illinois, Mr. JOHNSON of Geor- Carolina): a period to be subsequently determined by gia, Ms. FUDGE, Ms. EDDIE BERNICE H.R. 3206. A bill to amend the Safe Drink- the Speaker, in each case for consideration JOHNSON of Texas, Ms. CLARKE, Mr. ing Water Act to require a national primary of such provisions as fall within the jurisdic- POE of Texas, Mr. WESTMORELAND, drinking water regulation for perchlorate; to tion of the committee concerned. Mrs. BIGGERT, and Mr. KAGEN): the Committee on Energy and Commerce. By Mr. SHADEGG (for himself, Mr. H. Res. 648. A resolution expressing the By Mr. ABERCROMBIE (for himself need for enhanced public awareness of poten- GARRETT of New Jersey, and Mrs. and Ms. HIRONO): tial health effects posed by mercury; to the BACHMANN): H.R. 3207. A bill to amend the Internal Rev- H.R. 3217. A bill to amend the Public Committee on Energy and Commerce. enue Code of 1986 to exclude from gross in- Health Service Act to provide for coopera- f come gain on the sale of certain residential tive governing of individual health insurance leased-fee interests to holders of the lease- coverage offered in interstate commerce; to MEMORIALS hold rights; to the Committee on Ways and the Committee on Energy and Commerce. Under clause 4 of rule XXII, memo- Means. By Mr. SHADEGG (for himself, Mr. By Mr. ARCURI (for himself and Mr. rials were presented and referred as fol- GINGREY of Georgia, Mr. BISHOP of lows: MCHUGH): Utah, Mr. BOUSTANY, Mr. HOEKSTRA, H.R. 3208. A bill to fully compensate local Mrs. BLACKBURN, Mr. FLEMING, Mr. 103. The SPEAKER presented a memorial educational agencies and local governments FRANKS of Arizona, Mr. BUYER, and of the Senate of the State of Tennessee, rel- for tax revenues lost when the Federal Gov- Mr. BURGESS): ative to SENATE RESOLUTION NO. 26 urg- ernment takes land into trust for the benefit H.R. 3218. A bill to provide a refundable tax ing the President of the United States and of a federally recognized Indian tribe or an credit for medical costs, to expand access to the United States Congress to oppose legisla- individual Indian; to the Committee on Nat- health insurance coverage through indi- tion that is detrimental to the rights of ural Resources. vidual membership associations (IMAs), and workers and is an offense against democratic By Mr. GERLACH: to assist in the establishment of high risk principles by opposing the Employee Free H.R. 3209. A bill to amend title 18, United pools; to the Committee on Energy and Com- Choice Act and any of its components in 2009 States Code, to make the killing of a law en- merce, and in addition to the Committee on and in future years; to the Committee on forcement officer, firefighter, or other first Ways and Means, for a period to be subse- Education and Labor. responder an aggravating factor for the im- quently determined by the Speaker, in each 104. Also, a memorial of the Legislature of position of the death penalty; to the Com- case for consideration of such provisions as the State of Minnesota, relative to Chapter mittee on the Judiciary. fall within the jurisdiction of the committee 171. An Act memorializing the President and By Mr. HINOJOSA (for himself, Mr. concerned. Congress to repeal the federal legislation of FRANK of Massachusetts, and Ms. By Mr. PENCE: 1863 ordering the removal of Dakota people WATERS): H. Res. 640. A resolution electing a Minor- from Minnesota; to the Committee on Nat- H.R. 3210. A bill to authorize appropria- ity Member to a standing committee; consid- ural Resources. tions for the rural housing and economic de- ered and agreed to. f velopment program of the Department of By Ms. ROS-LEHTINEN (for herself, Housing and Urban Development; to the Mr. INGLIS, Mr. MCCOTTER, Mr. POE ADDITIONAL SPONSORS Committee on Financial Services. of Texas, Mr. SMITH of New Jersey, Under clause 7 of rule XII, sponsors By Mr. KAGEN: Mr. BURTON of Indiana, and Mr. BILI- were added to public bills and resolu- H.R. 3211. A bill to amend title II of the So- RAKIS): cial Security Act to provide that the per- H. Res. 641. A resolution recognizing the tions as follows: centage increase applied to benefits each 60th anniversary of the founding of Radio H.R. 21: Mr. CONNOLLY of Virginia.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17732 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 14, 2009

H.R. 108: Mr. PLATTS. H.R. 1835: Mr. HARPER. H.R. 2811: Mr. LEWIS of Georgia. H.R. 197: Mr. LEE of New York, Mr. BRIGHT, H.R. 1868: Mr. MORAN of Kansas. H.R. 2846: Mr. GARRETT of New Jersey. Mr. PATRICK J. MURPHY of Pennsylvania, and H.R. 1925: Mr. LARSON of Connecticut. H.R. 2866: Ms. BALDWIN. Mr. TIBERI. H.R. 1941: Mr. HUNTER. H.R. 2896: Mr. PAULSEN. H.R. 433: Ms. MARKEY of Colorado. H.R. 1956: Ms. MCCOLLUM. H.R. 2941: Ms. WOOLSEY, Ms. SLAUGHTER, H.R. 442: Mr. BRIGHT, Mr. HOEKSTRA, and H.R. 1977: Mr. WOLF. Mr. JOHNSON of Georgia, and Mr. COHEN. Mr. SPACE. H.R. 2016: Mr. NADLER of New York. H.R. 2946: Mr. REYES. H.R. 468: Ms. BALDWIN. H.R. 2017: Mr. TURNER, Mr. GONZALEZ, Mr. H.R. 2969: Ms. WOOLSEY. H.R. 482: Mr. MCINTYRE. LUETKEMEYER, Mr. KANJORSKI, Mr. FORTEN- H.R. 2987: Mr. BISHOP of New York. H.R. 503: Mr. ANDREWS and Ms. EDDIE BER- BERRY, and Mr. CRENSHAW. H.R. 2989: Mr. MCDERMOTT. NICE JOHNSON of Texas. H.R. 2026: Mr. WITTMAN. H.R. 2992: Mr. OLSON, Mr. PITTS, Mr. BART- H.R. 616: Mr. AKIN. H.R. 2135: Mr. YOUNG of Alaska. LETT, Mr. MARCHANT, Mrs. BLACKBURN, Mr. H.R. 621: Mr. HEINRICH, Mr. ANDREWS, and H.R. 2139: Mr. MINNICK and Mr. TIM MUR- LATTA, Mr. FLEMING, Mr. BROWN of South Mrs. CAPPS. PHY of Pennsylvania. Carolina, Mr. BONNER, Mr. AKIN, Mr. BISHOP H.R. 669: Mr. ROONEY. H.R. 2190: Mrs. BIGGERT. of Utah, Mr. MCCLINTOCK, Mr. CAMPBELL, Ms. H.R. 684: Mr. TAYLOR. H.R. 2204: Mr. SESTAK. FALLIN, and Mr. THOMPSON of Pennsylvania. H.R. 690: Mr. LUETKEMEYER. H.R. 2215: Mr. ROGERS of Michigan, Mr. H.R. 2993: Mr. GOHMERT, Mr. OLSON, Mr. H.R. 745: Mr. AKIN. UPTON, and Mrs. MILLER of Michigan. PITTS, Mr. BARTLETT, Mr. BONNER, Mr. AKIN, H.R. 777: Mr. PLATTS. H.R. 2245: Mr. BUCHANAN, Mr. GUTHRIE, Mr. Mr. BISHOP of Utah, Mr. MCCLINTOCK, and H.R. 804: Mr. PAYNE and Mr. DAVIS of Illi- MARIO DIAZ-BALART of Florida, Mr. MCHUGH, Mr. CAMPBELL. nois. Mr. PLATTS, Mr. CARTER, Mr. BOUSTANY, Mr. H.R. 3006: Mr. KENNEDY. H.R. 819: Mrs. KIRKPATRICK of Arizona. BONNER, Ms. BEAN, Mr. PENCE, Mr. MAFFEI, H.R. 3017: Mr. MARKEY of Massachusetts. H.R. 953: Mr. MINNICK. Mr. EHLERS, Mr. NYE, Mr. SPACE, Mr. COFF- H.R. 3025: Mr. CUELLAR. H.R. 983: Mr. WITTMAN. MAN of Colorado, Ms. LEE of California, Mr. H.R. 3034: Ms. KAPTUR. H.R. 988: Mr. CARSON of Indiana, Mr. WALZ, JACKSON of Illinois, Mr. SCALISE, Mr. BART- H.R. 3042: Mr. CARSON of Indiana, Mr. DIN- Mr. REHBERG, Mrs. KIRKPATRICK of Arizona, LETT, Mr. LUCAS, Mrs. MCMORRIS RODGERS, GELL, Mr. BOCCIERI, Ms. FUDGE, and Mr. Mr. MCCOTTER, Mr. MARKEY of Massachu- Mr. CLEAVER, Mr. MEEK of Florida, Mr. KEN- FATTAH. setts, and Mr. BARROW. NEDY, Mr. MATHESON, Mr. SCOTT of Georgia, H.R. 3043: Mr. PAYNE. H.R. 1036: Mrs. KIRKPATRICK of Arizona. Mr. ENGEL, Mr. ACKERMAN, Mr. BOYD, Mr. H.R. 3093: Mr. GRAVES and Mr. SCHOCK. H.R. 1051: Mr. FILNER. DEFAZIO, Mr. DICKS, Mr. DRIEHAUS, Mr. HALL H.R. 3119: Mr. AL GREEN of Texas. H.R. 1067: Mr. HIMES. of New York, Mr. MARSHALL, Mr. GEORGE H.R. 3144: Mr. MEEK of Florida. H.R. 1074: Mr. MCHENRY, Mr. REHBERG, and MILLER of California, Mr. PAYNE, Mr. PETER- H.R. 3147: Mr. BLUMENAUER, Ms. TITUS, and Mr. TIBERI. SON, Mr. MEEKS of New York, Ms. LINDA T. Mr. SCHIFF. H.R. 1179: Mr. BAIRD. SA´ NCHEZ of California, Mr. FORTENBERRY, H.R. 3149: Ms. NORTON, Mr. BRADY of Penn- H.R. 1182: Mr. TANNER, Mr. WALDEN, Mr. Mr. SHADEGG, Mr. GOHMERT, Mr. WESTMORE- sylvania, Mr. NADLER of New York, and Mr. DAVIS of Alabama, Mr. HINCHEY, and Mr. LAND, Mr. BOOZMAN, Mr. PRICE of North CLAY. BARROW. Carolina, Mr. CAPUANO, Mr. PATRICK J. MUR- H.R. 3164: Mr. LIPINSKI. H.R. 1207: Mr. YARMUTH, Ms. TITUS, Mrs. PHY of Pennsylvania, Mr. HIMES, and Ms. H.R. 3166: Mr. MURPHY of New York. KIRKPATRICK of Arizona, Mr. SCHIFF, Mr. SPEIER. H.R. 3173: Mrs. HALVORSON, Mr. COSTELLO, ROGERS of Kentucky, and Mr. BOYD. H.R. 2251: Mr. FARR, Mr. TIBERI, and Mr. Mr. LIPINSKI, Mr. JOHNSON of Illinois, Mr. H.R. 1215: Mr. OLVER. PUTNAM. UPTON, Mr. DAVIS of Illinois, Mr. FOSTER, H.R. 1220: Ms. MARKEY of Colorado. H.R. 2254: Mr. ABERCROMBIE, Mr. ROGERS of Mr. PETRI, Ms. GRANGER, Mr. TERRY, and Mr. H.R. 1237: Mr. SCHIFF, Ms. KILROY, Mr. BLU- Alabama, and Mr. LARSON of Connecticut. BURTON of Indiana. MENAUER, and Mr. CARSON of Indiana. H.R. 2262: Mr. NEAL of Massachusetts, Mr. H.R. 3174: Mr. ROYCE, Mr. DEAL of Georgia, H.R. 1255: Mr. BERRY. PRICE of North Carolina, Mr. ELLISON, Mr. Mr. BOOZMAN, Mr. GOODLATTE, and Mr. KING H.R. 1283: Mr. CONNOLLY of Virginia, Ms. SABLAN, Mrs. MALONEY, Mr. PIERLUISI, and of New York. FUDGE, and Mr. HIMES. Ms. KILROY. H.J. Res. 47: Mr. SMITH of Washington, Mr. H.R. 1298: Mr. DEFAZIO. H.R. 2269: Mr. KILDEE. REHBERG, and Ms. FOXX. H.R. 1314: Mrs. BONO MACK, Mr. BOSWELL, H.R. 2293: Mr. BLUMENAUER. H. Con. Res. 51: Mr. BAIRD. Ms. ESHOO, Mr. GORDON of Tennessee, Mr. AL H.R. 2329: Mrs. KIRKPATRICK of Arizona and H. Con. Res. 74: Mr. MILLER of North Caro- GREEN of Texas, Mr. GENE GREEN of Texas, Mr. FORTENBERRY. lina, Mr. ENGEL, and Mr. CROWLEY. Mr. FARR, Ms. HARMAN, Mr. HONDA, Mr. HOL- H.R. 2365: Mr. KENNEDY. H. Con. Res. 91: Mr. TOWNS, Mr. RUSH, Ms. DEN, Mr. MITCHELL, Mr. SCHIFF, Mr. WAXMAN, H.R. 2382: Ms. LINDA T. SA´ NCHEZ of Cali- KILPATRICK of Michigan, Mr. MEEKS of New and Mr. WEINER. fornia. York, Ms. MOORE of Wisconsin, and Mr. AL H.R. 1327: Ms. WOOLSEY, Mr. CALVERT, Mr. H.R. 2406: Mr. REHBERG. GREEN of Texas. CAMPBELL, Mrs. BLACKBURN, Mr. BRADY of H.R. 2478: Ms. BALDWIN. H. Con. Res. 117: Mr. MARCHANT, Mr. POE of Pennsylvania, Mr. WOLF, Mr. JOHNSON of H.R. 2492: Ms. SHEA-PORTER. Texas, and Mr. TURNER. Georgia, and Mr. KLINE of Minnesota. H.R. 2499: Mrs. MCMORRIS RODGERS. H. Con. Res. 157: Mr. MORAN of Kansas. H.R. 1346: Mr. COURTNEY and Mr. MICHAUD. H.R. 2514: Mr. MCGOVERN, Mr. RANGEL, and H. Con. Res. 158: Mr. BURTON of Indiana, H.R. 1362: Mr. DRIEHAUS. Ms. SCHAKOWSKY. Ms. BORDALLO, and Mr. BISHOP of Georgia. H.R. 1389: Mr. PATRICK J. MURPHY of Penn- H.R. 2517: Mr. PETERS and Ms. TSONGAS. H. Con. Res. 163: Mr. LUCAS, Mr. GENE sylvania. H.R. 2542: Mr. ROSKAM. GREEN of Texas, Mr. SKELTON, Mr. MOORE of H.R. 1441: Mrs. BIGGERT. H.R. 2558: Mr. KILDEE. Kansas, and Mr. CUELLAR. H.R. 1454: Mrs. MILLER of Michigan. H.R. 2560: Mr. BERRY. H. Res. 346: Mr. BISHOP of New York. H.R. 1458: Mr. CARSON of Indiana. H.R. 2594: Mr. ADLER of New Jersey. H. Res. 397: Mr. ROE of Tennessee. H.R. 1526: Mr. BRADY of Pennsylvania, Mr. H.R. 2607: Mr. LEE of New York. H. Res. 455: Mr. MOORE of Kansas and Mr. ROGERS of Alabama, Mr. MATHESON, and Ms. H.R. 2632: Ms. KOSMAS, Ms. NORTON, Ms. MORAN of Kansas. ROS-LEHTINEN. MARKEY of Colorado, Mr. SNYDER, Mrs. H. Res. 458: Mr. MORAN of Virginia, Ms. H.R. 1584: Mr. MICA. MALONEY, Ms. LORETTA SANCHEZ of Cali- EDWARDS of Maryland, and Mr. TERRY. H.R. 1589: Mr. PIERLUISI and Mr. LIPINSKI. fornia, Mr. ISRAEL, Mr. ORTIZ, and Mr. HARE. H. Res. 467: Ms. FUDGE and Ms. KILROY. H.R. 1608: Mr. SERRANO and Ms. KAPTUR. H.R. 2639: Mr. MCDERMOTT, Mr. REICHERT, H. Res. 494: Mr. JONES, Mr. MASSA, and Mr. H.R. 1618: Mr. ADLER of New Jersey, Mr. Ms. MCCOLLUM, and Mr. SNYDER. BRIGHT. SHIMKUS, and Mr. STEARNS. H.R. 2676: Ms. KILROY. H. Res. 496: Mr. QUIGLEY. H.R. 1670: Ms. CORRINE BROWN of Florida H.R. 2697: Mr. FARR and Mr. GUTHRIE. H. Res. 517: Mrs. MALONEY, Ms. ESHOO, Mr. and Mr. ENGEL. H.R. 2702: Mr. GARRETT of New Jersey. ABERCROMBIE, Mr. PASCRELL, Mr. RANGEL, H.R. 1685: Mr. RYAN of Ohio. H.R. 2720: Ms. LINDA T. SA´ NCHEZ of Cali- Mr. BLUMENAUER, Mr. LEWIS of Georgia, Mr. H.R. 1719: Mr. GONZALEZ and Mrs. DAVIS of fornia. BUTTERFIELD, Mr. FALEOMAVAEGA, Mr. California. H.R. 2733: Mr. SMITH of Texas. SOUDER, Mr. KIND, Mr. SIRES, Mr. GRAYSON, H.R. 1751: Mr. NEAL of Massachusetts. H.R. 2753: Mr. SIMPSON, Mr. GUTHRIE, and Ms. LINDA T. SA´ NCHEZ of California, Ms. H.R. 1776: Mr. CONNOLLY of Virginia and Mr. PERRIELLO. BORDALLO, and Ms. HIRONO. Mr. KIND. H.R. 2766: Mr. HODES and Mr. COHEN. H. Res. 554: Mr. SMITH of Washington and H.R. 1826: Mr. ELLISON and Mr. REYES. H.R. 2776: Mr. CONNOLLY of Virginia and Mr. POSEY. H.R. 1831: Mr. BOSWELL, Mr. CASTLE, and Ms. DEGETTE. H. Res. 558: Ms. ZOE LOFGREN of California Mr. BARTLETT. H.R. 2807: Mr. MICHAUD. and Mr. REYES.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17733

H. Res. 577: Mr. DONNELLY of Indiana and EROY, and Ms. LINDA T. SA´ NCHEZ of Cali- The amendment to be offered by Rep- Mr. TIM MURPHY of Pennsylvania. fornia. resentative SERRANO of New York, or a des- ASSERMAN CHULTZ H. Res. 591: Mr. LEE of New York. H. Res. 607: Ms. W S and ignee, to H.R. 3170, the Financial Services Mr. COFFMAN of Colorado. and General Government Appropriations H. Res. 593: Mr. HONDA, Mr. YOUNG of Alas- H. Res. 613: Mr. MCCOTTER, Mrs. MCCARTHY Act, 2010, contains no congressional ear- ka, Mr. WU, Ms. BORDALLO, Mr. of New York, Mr. WITTMAN, and Mr. ARCURI. marks, limited tax benefits, or limited tariff FALEOMAVAEGA, Mr. SNYDER, Mr. SABLAN, H. Res. 615: Mr. CARTER. benefits as defined in clause 9 of rule XXI. Mr. GRIJALVA, Mr. FILNER, Mr. AL GREEN of H. Res. 619: Mrs. MYRICK, Mr. MCCAUL, and The amendment to be offered by Rep- Texas, Mr. BOOZMAN, Mr. FORTENBERRY, Mr. Mr. MILLER of Florida. resentative PASTOR of Arizona, or a designee, MANZULLO, Mr. THOMPSON of Mississippi, Mr. H. Res. 630: Mr. RUSH and Mr. MASSA. to H.R. 3183, the Energy and Water Develop- BERRY, Mrs. EMERSON, Mr. WATT, Mr. BUR- H. Res. 631: Mr. GONZALEZ, Mr. CUELLAR, ment, and Related Agencies Appropriations TON of Indiana, Mr. NADLER of New York, Mr. Mr. ORTIZ, Mr. LATOURETTE, and Mr. AL Act, 2010, contains no congressional ear- SKELTON, Mr. HALL of Texas, Mr. REYES, Mr. GREEN of Texas. marks, limited tax benefits, or limited tariff DELAHUNT, Mr. SERRANO, Mr. FRELING- H. Res. 634: Mr. BISHOP of New York and benefits as defined in clause 9 of rule XXI. HUYSEN, Mr. BARROW, Mr. GRIFFITH, Mr. Mr. MCGOVERN. FRANK of Massachusetts, Mr. CAPUANO, Mr. f f HASTINGS of Florida, Ms. LEE of California, Mr. MORAN of Virginia, Mr. KENNEDY, Mr. CONGRESSIONAL EARMARKS, LIM- PETITIONS, ETC. PASTOR of Arizona, Ms. LORETTA SANCHEZ of ITED TAX BENEFITS, OR LIM- California, Mr. FARR, Mr. HINCHEY, Mr. ITED TARIFF BENEFITS Under clause 1 of rule XXII. PRICE of North Carolina, Mr. RAHALL, Mr. 60. The SPEAKER presented a petition of INSLEE, Ms. SCHWARTZ, Mr. FATTAH, Mr. Under clause 9 of rule XXI, lists or Family and the Aging Services Foundation, MCDERMOTT, Ms. KAPTUR, Mr. COURTNEY, Mr. statements on congressional earmarks, Inc. (Formerly Filial Piety Society), relative HIGGINS, Mr. KRATOVIL, Mr. CUMMINGS, Ms. limited tax benefits, or limited tariff to a request for funding; which was referred EDDIE BERNICE JOHNSON of Texas, Mr. POM- benefits were submitted as follows: to the Committee on Education and Labor.

VerDate Mar 15 2010 14:27 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR09\H14JY9.002 H14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17734 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 14, 2009 EXTENSIONS OF REMARKS

IN MEMORY OF JOSEPH CANNON dation, the Coro Foundation, Stanford Hos- Address of Requesting Entity: 800 Algoma HOUGHTELING pital, Peninsula School and the California Blvd, Oshkosh, Wisconsin 54901 Newspaper Publishers Association. Description of Request: The $500,000 ap- Houghteling joked that he was ‘‘one of Pat propriation will be used by UW Oshkosh to es- HON. NANCY PELOSI Brown’s youngest appointees and one of OF CALIFORNIA Jerry Brown’s oldest.’’ Gov. Edmund G. tablish a program for biomass recycling to be IN THE HOUSE OF REPRESENTATIVES ‘‘Pat’’ Brown appointed Houghteling to the housed on their campus. This project is in Tuesday, July 14, 2009 State Park Commission, which Houghteling conjunction with several private and public en- eventually chaired, in 1959; in 1964 he was ap- tities in the State of Wisconsin. The EERE ac- Ms. PELOSI. Madam Speaker, I rise to pay pointed to the State Highway Commission. count provides federal funds to strengthen the tribute to a great California statesman and Houghteling was appointed to BCDC in 1971; United States’ energy security, environmental public servant, Joseph Cannon Houghteling, in the mid-1970s, he was appointed chairman quality, and economic vitality in public-private who passed away on June 23, 2009. by Gov. Edmund G. ‘‘Jerry’’ Brown Jr., a partnerships. This project is expected to both post he held until 1982. While chairman, On July 16th, 2009 Joe’s family and friends reduce organic waste sent to the landfill and will gather on San Francisco’s historic ship the Houghteling shepherded through the Suisun Marsh Protection Plan, which shielded 89,000 produce alternative fuels to replace fossil-fuel Balclutha to celebrate his life, and I wish to generated energy for campus operations. The honor my friend by submitting his obituary acres of wetlands and wildlife habitat from uncontrolled development. From 1972–1982, University believes it will save approximately from the San Francisco Chronicle. Houghteling was on the Metropolitan Trans- $150,000 annually in energy savings. Schools, Joseph Cannon Houghteling, former chair- portation Commission. While on MTC, he no- nursing homes, and other community institu- man of the San Francisco Bay Conservation ticed that there was no direct pedestrian ac- and Development Commission (BCDC) and tions and households will gain a means to dis- cess from the Embarcadero to the ferry land- pose of biomass waste in an environmentally Democratic activist, died at home June 23 in ing. At Houghteling’s suggestion, a passage- San Francisco after a short illness. He was way was built through the Ferry Building to responsible manner and the entire community 84. Houghteling spent many years in pro allow easy access. In 1994, a plaque was in- will benefit from reduced demand on landfill bono public service, with an emphasis on re- stalled in the Ferry Building to honor capacity. Funding will be used to acquire the gional government, transportation and the Houghteling. In 1984, Houghteling was ap- anaerobic digesting plant equipment, plan and balance between conservation and develop- pointed to the bi-state Tahoe Regional Plan- engineer the installation of the digester plant, ment. When he stepped down as chairman of ning Agency, on which he served until 1992. and educate the Oshkosh area community BCDC, The Chronicle editorialized ‘‘He has Houghteling also was president of the Na- served with wit, style and patience . . . and about this new technology. This project sup- tional Maritime Museum Association from ports the University’s plan to develop alter- has brought a spirit of compromise to its re- 1992–1994. He was instrumental in bringing sponsibility of allowing development but the submarine the USS Pampanito to Pier 45. native sustainable energy sources and follow protecting the environment, two goals often Houghteling lived in Palo Alto, Los Gatos the Governor of Wisconsin’s directive to elimi- hard to reach.’’ Born in San Francisco in and Atherton. After moving back to San nate dependence on fossil fuels. 1924, son of the late William and Virginia Francisco in 1978, he kept a home in Portola Account: U.S. Army Corps of Engineers, LeSeure Houghteling, Houghteling attended Valley for many years. Houghteling is sur- Section 1135 Phillips Academy in Andover, Mass. He then vived by his wife of 31 years, Signa Judith Legal Name of Requesting Entity: U.S. joined the Navy V–12 college officer-training Irwin Houghteling, and his daughters with Army Corps of Engineers, Detroit Division program and attended Bates College and the the late Frances Fisher Houghteling: Anne Address of Requesting Entity: P.O. Box College of the Holy Cross. He served aboard Frances Houghteling and her husband, Herb the USS Ocklawaha in 1945–46 with the forces 1027, Detroit, MI 48231 Greenman, of Palo Alto; Elizabeth Cannon Description of Request: $150,000 for the occupying Japan. He graduated from Yale in Houghteling and her husband, Philip 1947. After college, Houghteling moved to the Balboni, of Cambridge, Mass.; and Mary Wal- Corps of Engineers’ assistance to participate Peninsula, where he was publisher of com- lace Houghteling of Berkeley. He is survived in an investigation to determine the extent of munity newspapers including The Gilroy by his grandson, Philip Cannon Houghteling the Corps’ water level management strategy Dispatch, The Los Gatos Times-Observer, Balboni, of Cambridge. He leaves three on the depletion of fish and other aquatic habi- The Sunnyvale Standard, The Pleasanton nieces and a nephew by his sister, Lucretia tat within Lake Poygan, Winnebago County, Times and The Mountain View Register- H. Robertson, who predeceased him.’’ Wisconsin. Lake Poygan once provided abun- Leader. He owned The Nevada County Nug- get for a time. He also founded Diablo Press, f dant high quality habitat for water fowl and other birds, furbearers, and warm water fish- which published books on controversial top- EARMARK DECLARATION ics including abortion and ‘‘We Accuse,’’ a ery. Much of this habitat has deteriorated in collection of essays on the new American po- recent years. The existing water level man- litical anger during the Vietnam War, as HON. THOMAS E. PETRI agement strategy is being reviewed to deter- well as ‘‘The Sinking of the Lollipop’’ by OF WISCONSIN mine its role in the degradation. Water levels Rodney G. Minott, about the congressional IN THE HOUSE OF REPRESENTATIVES at Lake Poygan have been managed under campaign of Pete McCloskey and Shirley the U.S. Army Corps of Engineers’ Fox River Temple Black. Although he came from a Tuesday, July 14, 2009 project since 1872. The project would involve family of Illinois Republicans, including Mr. PETRI. Madam Speaker, pursuant to great-grand-father ‘‘Uncle Joe’’ Cannon, Re- the construction of a break wall on Lake publican Speaker of the U.S. House of Rep- the Republican Leadership standards on ear- Poygan for the purpose of protecting, improv- resentatives, Houghteling became a com- marks, I am submitting the following informa- ing, and restoring fish and other aquatic life mitted Democrat. He was a California deletion regarding earmarks I received as part of habitat. FY 2010 funding would be used to gate to the Democratic Conventions of 1956, H.R. 3183 Energy and Water Development continue the feasibility phase. supporting Adlai Stevenson, and of 1960, sup- and Related Agencies Appropriations Act, Account: U.S. Army Corps of Engineers— porting John F. Kennedy. He was Northern 2010: Construction California treasurer to the 1960 Kennedy Requesting Member: The Honorable THOM- Legal Name of Requesting Entity: U.S. presidential campaign. He participated in AS E. PETRI many other campaigns, including those of Army Engineer District, Chicago both Pat and Jerry Brown, John Tunney, Bill Number: H.R. 3183 Address of Requesting Entity: 111 North Dianne Feinstein and Pete McCloskey. Account: Department of Energy: Energy, Ef- Canal Street, Suite 600, Chicago, IL 60606. Houghteling served on the boards of many ficiency, and Renewable Energy (EERE) Description of Request: The appropriation nonprofits including California Tomorrow, Legal Name of Requesting Entity: University will provide $7.275 million in the FY 10 Energy the Planning and Conservation League Foun- of Wisconsin Oshkosh and Water Development Appropriations bill,

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

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17735 Construction account for the Chicago Sanitary EARMARK DECLARATION west Waster Reclamation Facility. This pro- & Ship Canal. The funding would be used for posal seeks to offset a portion of the capital the construction and operation of the electric HON. C.W. BILL YOUNG cost to the City. It is expected that the gasifi- dispersal barriers in the canal as well as a OF FLORIDA cation will convert a noxious waste to renew- study to consider alternative approaches to IN THE HOUSE OF REPRESENTATIVES able energy, reduce city cost and pollution of prevent inter-basin transfers of aquatic nui- waste disposal, treatment and transportation, sance species. This request was made with Tuesday, July 14, 2009 generate renewable energy utilized by the city numerous Members and Senators of the Con- Mr. YOUNG of Florida. Madam Speaker, and potentially Eckerd College or other private gressional Great Lakes Task Force, along with pursuant to the House Republican Standards customers, eliminate the release of methane a request from President Obama. on Congressional appropriations initiatives, I gas and the potential of ground water pollution Account: U.S. Army Corps of Engineers— am submitting the following information re- from landfills or land spreading. The city will Construction garding projects that were included at my re- provide a match of $1,309,650. St. Petersburg Solar Pilot Project Legal Name of Requesting Entity: U.S. quest in H.R. 3183, the Fiscal Year 2010 En- ergy and Water Development and Related Account: Department of Energy, Energy Effi- Army Engineer District, Great Lakes & Ohio ciency and Renewable Energy Projects River Division Agencies Appropriations Bill: Pinellas County Beach Erosion Control Legal name and address of requesting enti- Address of Requesting Entity: 550 Main ty: City of St. Petersburg, 175 Fifth Street Street, Room 10032, Cincinnati, OH 45202 Account: Army Corps of Engineers, Con- struction North, St. Petersburg, FL 33701 Description of Request: The appropriation Description of request: $1,000,000 is in- Legal name and address of requesting enti- will provide $3.2 million in the FY 10 Energy cluded in the bill for the City of St. Petersburg ty: Pinellas County Board of County Commis- and Water Development Appropriations bill, for to develop and implement a renewable and restoration projects under the Great Lakes sioners, 315 Court Street, Clearwater, FL sustainable solar energy network to provide Fishery & Ecosystem Restoration program. 33756 the electricity required to power 40 city parks. Description of requests: $14,000,000 is in- The funding would be used in coordination Through a collaboration with Progress Energy with other federal, state, and local agencies cluded in the bill for the Army Corps of Engi- Florida and the University of South Florida and the Great Lakes Fishery Commission to neers and the Pinellas County Board of Coun- Center for Utility Exploration, the city will be plan, implement, and evaluate projects sup- ty Commissioners to continue construction of able to remove all of these parks from the porting the restoration of the fishery, eco- the Pinellas County beach erosion control pro- city’s power grid. Regional residents, visitors, system, and beneficial uses of the Great gram. The Pinellas County program was first commercial organizations and governmental Lakes. This request was made with numerous authorized by Congress in 1966 and reauthor- agencies will benefit from the demonstration of Members and Senators of the Congressional ized in 1976 and has provided immeasurable a wide scale alternative energy technology Great Lakes Task Force. storm protection and recreation benefits to that will reduce peak demand at power gen- Pinellas County residents and visitors. These Account: U.S. Army Corps of Engineers—In- eration facilities, reduce greenhouse gas emis- funds will be used to support renourishment vestigations sions and dependence on foreign oil. The City and restoration of nine miles of critically erod- Legal Name of Requesting Entity: U.S. of St. Petersburg is uniquely situated to exploit ed Sand Key Beach from Clearwater to North Army Engineer District, Great Lakes & Ohio cheap, clean renewable solar power and is Redington Beach in west-central Pinellas River Division committed to utilize the limitless resource to County. Erosion since the last nourishment in go solar at all of its City parks and eventually Address of Requesting Entity: 550 Main 2006 now requires the periodic renourishment Street, Room 10032, Cincinnati, OH 45202 all operating facilities. The City of St. Peters- to maintain the current quality of the beach burg has 137 parks occupying in excess of Description of Request: The appropriation system, enlarging the beach and dunes. Prior will provide $4 million in the FY 10 Energy and 2300 acres of public lands. All parks are federal funds were utilized for borrow area served with a varying degree of overhead Water Development Appropriations bill, Gen- studies and physical monitoring of Sand Key eral Investigations account for Remedial Ac- lighting for basic usage and security purposes. beaches, as required by the Florida Depart- Forty of the parks have buildings that can action Plan (RAP) Committees. The funding ment of Environmental Protection permit for would be used for RAPs to identify specific accommodate the renewable energy system in beach nourishment. This request is submitted terms of structural and orientation to the sun. tions to resolve pollution problems by coordi- in support of the State of Florida’s Federal Ap- Renewable energy technologies are seen as nating with the Corps of Engineers in dredging propriations Request for Beach Nourishment. the only sustainable energy source for the fu- and sediment cleanups. This request was The federal and state/local cost sharing aver- ture. However, solar energy can be intermit- made with numerous Members and Senators ages 60/40 under the current authorization. tent in nature necessitating an energy storage of the Congressional Great Lakes Task Force. The combined state and local share of this medium or energy carrier to effectively use project will be an estimated $4,700,000. With this energy. Through collaboration with f these funds, a total of $104,815,404 will have Progress Energy Florida, Inc., and the USF EARMARK DECLARATION been appropriated for the Pinellas County Center for Utility Exploration, this project will Beach Erosion Control Project since Fiscal consist of a photovoltaic energy system, an Year 1986. advanced energy storage battery system and HON. SHELLEY MOORE CAPITO St. Petersburg Sustainable Biosolids Man- appropriate control systems to make an inte- OF WEST VIRGINIA agement: Wastewater Sludge and Yard Waste grated energy system that will supply a clean IN THE HOUSE OF REPRESENTATIVES to Renewable Energy renewable energy when it is needed. The sys- Monday, July 13, 2009 Account: Department of Energy, Energy Effi- tem will be interconnected with the power sys- ciency and Renewable Energy Projects tem of the host building. The system will store Mrs. CAPITO. Madam Speaker, pursuant to Legal name and address of requesting enti- the solar energy in an advanced battery. The the Republican Leadership standards on ear- ty: City of St. Petersburg, 175 Fifth Street energy will then be used on-peak to reduce marks, I am submitting the following informa- North, St. Petersburg, FL 33701 the maximum demand of the building. If the tion regarding earmarks I received as part of Description of request: $2,500,000 is in- battery is not fully charged by the solar pan- H.R. 3183—Energy and Water Development cluded in the bill for the City of St. Petersburg els, off-peak energy from the grid can also be and Related Agencies Appropriations Act, for a sustainable biosolids management used to charge the battery for peak operation. 2010. project to convert wastewater sludge and yard This project will employ demand side manage- Awarded under: Corps of Engineers, Con- waste to renewable energy. Through a public- ment using both renewable energy and off- struction Account, Central West Virginia, private partnership, St. Petersburg proposes to peak grid energy. The energy storage system Corps of Engineers. contract with a waste-to-renewable energy will convert chemical energy into electrical en- Baltimore and Huntington Districts company that will build, own and operate a fa- ergy. The chemical reaction within the storage Funds will be used for continuation of au- cility that will use City generated biostocks system is reversible, thereby allowing the bat- thorized waste and drinking water improve- such as biosolids, yard and wood waste, grit tery to be charged, discharged and recharged. ment activities under section 571 of the Water and screenings to fuel a biomass gasification The project will be used to pass on informa- Resources Development Act of 1999. and energy facility located at the City’s South- tion and benefits about renewable energy.

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17736 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 14, 2009 Students and the public will be engaged to Intracoastal Waterway Operation and Main- local governments, state governments, federal learn from and understand the system func- tenance from Caloosahatchee River to Anclote agencies and regional planners. tions and renewable energy benefits. The River Requesting Member: Congressman CANDICE solar energy systems are proposed to gen- Account: Army Corps of Engineers, Oper- S. MILLER erate sufficient energy to power the park light- ations and Maintenance Bill Number: H.R. 3183 the Energy and ing systems with any excess energy returned Legal name and address of requesting enti- Water Development and Related Agencies to the grid for offsets to city electrical ex- ty: West Coast Inland Navigation District, P.O. and Appropriations Act of 2010 penses. Previous federal funding was provided Box 1845, Venice, FL 34284 Account: EERE for this project in Fiscal Year 2009 in the Description of request: $4,500,000 is in- Legal Name of Requesting Entity: United amount of $1,427,250. The City of St. Peters- cluded in the bill for the West Coast Inland Way of Southeastern Michigan burg will provide a $500,000 match. Navigation District for the maintenance dredg- Address of Requesting Entity: 1212 Gris- Tampa Port Planning, Engineering and De- ing of sections of the Intracoastal Waterway wold St. Detroit, MI 48226 sign for future requirements through six Florida counties, including Pinellas Description of Request: This request, in the Account: Army Corps of Engineers, Con- County. The 1945 Rivers and Harbors Act au- amount of $400,000.00, would be used by the struction thorized the Intracoastal Waterway to be main- United Way of Southeastern Michigan to as- tained at a width of 100-feet, and a depth of sist two community non-profits to make energy Legal name and address of requesting enti- nine-feet between the mouth of the efficiency and insulation upgrades at their fa- ty: Tampa Port Authority, 1101 Channelside Caloosahatchee River, near Ft. Myers, and cilities. The two organizations are Turning Drive, Tampa, FL 33602 the Anclote River, north of Tampa. The chan- Point of Mt. Clemens, Michigan, a domestic vi- Description of request: $500,000 is included nel runs through six counties (Pinellas, olence shelter, as well as the Macomb County in the bill for the Tampa Port Authority for the Hillsborough, Manatee, Sarasota, Charlotte, Rotating Shelter Team, a coalition of churches continued planning, engineering, and design and Lee) and links natural deep-water sec- that provide overnight shelter to homeless per- for a project to widen and deepen the Tampa tions of bays through a series of man-made sons and families. shipping channel to allow for the safer pas- channels, thereby providing for the safe pas- f sage of shipping traffic and to accommodate sage of commercial goods and access to com- larger ships requiring a deeper draft. The mercial fishing grounds. Dredging of the Intra- ILLINOIS SCHOOL FOR THE DEAF Army Corps of Engineers completed a draft coastal Waterway commenced in 1960 and General Reevaluation Report (GRR) in 2008 was completed in 1967, at which time the HON. AARON SCHOCK which focuses on traffic congestion in the West Coast Inland Navigation District began OF ILLINOIS main Tampa Harbor channel where extensive maintenance activities. This funding will sup- IN THE HOUSE OF REPRESENTATIVES delays occur due to lack of adequate channel port maintenance dredging for Longboat Pass Tuesday, July 14, 2009 width. The 40 mile main federal channel han- (Manatee County), Venice Inlet (Sarasota dles traffic in and out of the entire Tampa Bay County), mouth of Caloosahatchee River (Mis- Mr. SCHOCK. Madam Speaker, I rise today federal port system for the Ports of Tampa, erable Mile in Lee County), the Boca Grande to honor the Illinois School for the Deaf and Manatee and St. Petersburg. The ship channel Bayou area (Miller’s Marina in Lee County), Mr. Albert Caswell. On January 20, 2009, the is too narrow to allow for safe two-way vessel and a section of the Intracoastal Waterway in Illinois School for the Deaf traveled to Wash- traffic due to the introduction of new longer Pinellas County just north of the Tampa Bay ington, DC, to witness the inauguration of and broader cruise ships. The impacts associ- port shipping channel. Previous funding total- President Barack Obama. Inspired by these ated with having a restriction of this nature in- ing $1,400,000 was included in FY 2004 and young children and with the thought that per- clude vessels waiting at berth or at the sea FY 2005 for the design, engineering, and perhaps one day one of those children may also buoy while large cruise ships transit the chan- mitting for this project and $1,215,000 was in- stand on the west front of the U.S. Capitol, I nel. The GRR concurs with the Tampa Port cluded in FY 2008 and $2,076,000 in FY 2009 submit a poem penned by U.S. Capitol Guide Authority and the port community that the re- for the initial dredging of this waterway. Albert Carey Caswell. Mr. Caswell was able to sulting congestion causes safety hazards and f spend some time with them on that day and economic inefficiencies and recommends wid- wrote the following tribute. ening select portions of the main channel. The EARMARK DECLARATION CAN YOU HEAR ME? GRR finds that vessel operation costs would (By Mr. Albert Caswell) be reduced, resulting in transportation cost HON. CANDICE S. MILLER Can you hear me? savings, increased harbor safety and reduced OF MICHIGAN I can hear you! cargo delivery delays. In addition, the contin- IN THE HOUSE OF REPRESENTATIVES Not with my ears! ued reevaluation of the needs in the Tampa But, with something far much more greater, Harbor is necessary, to include deepening, in Tuesday, July 14, 2009 so true! order to facilitate anticipated growth in trade Mrs. MILLER of Michigan. Madam Speaker, For it’s with my heart . . . as the Port of Tampa continues its steady pursuant to the Republican Leadership stand- That, I can hear you too . . . Look at me! growth and diversification. As Florida’s largest ards on earmarks, I am submitting the fol- I’m just the same as you! cargo port, the Port of Tampa handles ap- lowing information regarding earmarks I re- For what I’ve lost . . . proximately 50 million tons of cargo per year. ceived as part of H.R. 2892 the Department of For inside, I’ve gained so much more so too! The Port of Tampa is also the largest eco- Homeland Security Appropriations Act of 2010 For I can feel you . . . nomic engine in West Central Florida and the Requesting Member: Congresswoman And, I can read you . . . nation’s 14th largest port in terms of short CANDICE S. MILLER I’m just a kid like you! tons. The Port of Tampa generates an annual Bill Number: H.R. 3183 Energy and Water And, I want to grow up to be happy . . . and economic impact of almost $8 billion on the Development and Related Agencies and Ap- so healthy, oh so much so too! Just, because I can’t understand you! region which includes the contribution of over propriations Act of 2010 I can read you! $570 million annually in state and local taxes. Account: Construction Like a book! This project is authorized by three separate Legal Name of Requesting Entity: Army For our Lord God, has given me other gifts federal statutes: The Energy and Water Devel- Corps of Engineers that I can use.... opment Appropriations Act, 2004 (P.L. 108– Address of Requesting Entity: 477 Michigan For your coming through to me, loud and 137); The Energy and Water Development Ap- Ave. Detroit, MI 48226 clear . . . propriations Act, 2005 (P.L. 108–447); and the Description of Request: This request, in the For I’ve developed my senses, so much great- Water Resources Development Act of 2007 amount of $100,000.00, would be used to im- er so here.... We’re all the same! (P.L. 110–114). Previous funding for this plement one or more priority projects that are Some of us even, have the same names . . . project has been provided as follows: FY consistent with the St. Clair River and Lake St. So hear me! 2009—$478,000, FY 2008—$133,000, FY Clair Management Plan. These projects were Do not fear me! 2004—$2,500,000, FY 2003—$200,000, FY developed in a broad based and consensus Be near me, be my friend . . . so tried and 2002—$500,000, FY 2001—$300,000. driven process involving multiple counties, true . . .

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17737 There’s, so much more we can learn about president, vice president, and secretary and tioned to provide this training through an Insti- each other . . . me and you received its Outstanding Citizen of The Year tute for Intermodal Transportation (IIT). MDC For, I can hear you! Award and its Small Business Advocate of has a foundation for the coursework and train- In our world, there is such a special The Year Award. bond.... He was on the Fairhaven Workshop Board ing through its various departments and That, in the quiet world is so formed . . . of Trustees, Niles Churches for Housing, and schools. A number of the educational pro- At first, you may not understand . . . but the Jefferson Democratic Club. grams are in aviation under its Eig-Watson it’s in our heart where it is born . . . He enjoyed NASCAR as he was an avid Jeff School of Aviation. Additional related pro- I can teach you! Gordon fan. He built and raced stock cars at grams which would support the IIT are the I can reach you! the Canfield, Expo, and Sharon Speedways Schools of Criminal Justice, Computer In all I do! for 28 years, and also enjoyed bowling. Science, Psychology, Mathematics and Engi- Life lesson’s so very true . . . Butch, who was always known for saying neering. Miami Dade College currently offers 3 For, I will not give up! ‘‘one day at a time’’ will be deeply missed by Nor give in! his wife, Judy Sheldon Buccella, whom he baccalaureate programs with numerous tracks. On this Inauguration Day, I see how far married Dec. 8, 1962; a son, Jeff Buccella Over 200 associate degrees and career train- dreams can take you to! (Dawn) of Austintown; a daughter, Tracie ing certificates are available and could have And yet I ask, ‘‘Why, must children have so Fynes (Dan) of Garretsville; a sister, Su- application to the Intermodal Institute. Miami is much courage then so too?’’ zanne Miller of Florida; and five grand- a major transportation hub, and the forecast is For some things, are so hard to understand children, Eddie, Kyle, Miamee, Jordyn and that Miami will continue to rapidly grow as an ... Lillie. international center of transportation. However, As where faith must begin and end . . . He was preceded in death by his parents. Florida aviation and aerospace companies Reach out, and take my hand . . . Friends may call from 5 to 8 p.m. on Mon- Let’s be friends, me and you . . . day at the Joseph Rossi & Sons Funeral routinely cite ‘‘lack of a qualified workforce’’ as There’s so much more together we can learn Home and Cremation Service in Niles where a principal barrier to growth in industry sur- and do! the Niles Lions Club will conduct prayers at veys. Presently, many larger organizations Little children as Heroes should not have to 7:30 p.m. have found it more cost effective to contract be . . . but are put on this earth for all Friends may also call from 10 until the 11 out specific areas of its workforce to smaller to teach! a.m. funeral service on Tuesday at the Trin- companies instead of performing the work in- Can you hear me? ity Lutheran Church in Niles with Pastor house. However, these contractors are often Beth Ferne Johnson officiating. I can hear you! times small businesses that cannot afford to And one day up in Heaven . . . I know, my Burial will be at Kerr Cemetery. Lord I will view . . . Arrangements are being handled by the Jo- train or certify their own employees. In fact, And, I will begin to cry . . . seph Rossi & Sons Funeral Home and Crema- many of these companies do not have suffi- When, I look into his eyes . . . and I hear for tion Service Inc. in Niles. cient training in business relationships, proc- the first time . . . f ess mapping, business and finance. This My very first words! translates into areas such as customer serv- ‘‘I love you’’! EARMARK DECLARATION ice, logistics, security, marketing, route sched- f uling, safety, and maintenance systems. Small HON. MARIO DIAZ-BALART Business training in other non-traditional sup- MR. GEORGE F. ‘‘BUTCH’’ OF FLORIDA port areas for transportation is also needed. BUCCELLA IN THE HOUSE OF REPRESENTATIVES This included areas such as construction in- Tuesday, July 14, 2009 spection, traffic management, and Intelligent HON. TIM RYAN Transportation Systems (ITS) management OF OHIO Mr. MARIO DIAZ-BALART of Florida. through the Institute for Intermodal Transpor- Madam Speaker, I submit the following. IN THE HOUSE OF REPRESENTATIVES tation, small businesses would be able to in- Requesting Member: Representative MARIO vest in workforce development programs such Tuesday, July 14, 2009 DIAZ-BALART (FL–25) as project management, managing time and Mr. RYAN of Ohio. Madam Speaker, I sub- Bill Number: H.R. 3170 budget, and negotiating expertise. Hence, the mit the following: Account: Salaries and Expenses Institute will address comprehensive solutions GEORGE F. ‘‘BUTCH’’ BUCCELLA, 68 Name of Requesting Entity: Miami Dade for all modes of transportation, combining aca- College MINERAL RIDGE.—George F. ‘‘Butch’’ demic and ‘‘real world’’ experience. By cre- Buccella, 68, of 812 Carson Salt Springs Road, Address of Requesting Entity: 300 NE 2nd ating the educational resources for transpor- died at 9:32 p.m. Tuesday, June 9, 2009, at Avenue, Suite 1402, Miami, FL 33132 tation, the proposed Intermodal transportation Forum Health Trumbull Memorial Hospital Description of Request: I have secured training center would attract new opportunities in Warren. $300,000 for the Miami Dade College Institute for the City and County and help meet future He was born Jan. 31, 1941, in Youngstown, for Intermodal Transportation (IIT). This fund- the son of Frank and Betty Cutright shortages in transportation employment oppor- ing will be used for the Miami Dade College tunities. Buccella. (MDC) proposes an Institute for Intermodal He was a 1958 graduate of Niles McKinley High School. Transportation to further provide opportunities f Butch owned and operated Buccella and that lead to careers addressing the future Sons RV Sales for nine years, was a needs of the transportation industry. A major A TRIBUTE TO PETER V. Weathersfield Township trustee for 16 years, focus is to provide small businesses with op- UEBERROTH where he served as chairman and vice-chair- portunities to train and retrain their workforce, man, co-owned A’Lenzio’s Pizza in Mineral as well as providing certifications and degree HON. HOWARD L. BERMAN Ridge with his wife Judy for 14 years, and programs. The Intermodal Transportation OF CALIFORNIA was a staff representative to Congressman Training Center allows MDC to effectively James Traficant for 17 years until his retire- IN THE HOUSE OF REPRESENTATIVES meet the training requirements of all forms of ment. Tuesday, July 14, 2009 After his retirement, George worked for transportation, and transportation related ac- Western Reserve Limousines and at the Jo- tivities. The planned location of the Intermodal Mr. BERMAN. Madam Speaker, I ask my seph Rossi and Sons Funeral Home in Niles Transportation Center is at the Miami Inter- colleagues to join me today in honoring the as a hearse and limo driver. national Airport (MIA), which would situate the lifetime achievements of Peter V. Ueberroth He was a member of the Trinity Lutheran School in close proximity to the Miami Inter- and his contributions to the Olympic move- Church in Niles and served on its parish modal Center (MIC) currently under construc- ment and sports in the United States. council, was a member and past King Lion of tion. This location would serve as a benefit to Peter is due special commendation for his the Niles Lions Club, and involved with the Niles Democratic Club, the Trumbull County both the MIC and the school as a trained and timely and effective response to the situation Fair Board, and the Jolly Boys Monday skilled workforce is developed by the School sparked by the American-led boycott of the Night Gang. to meet the ongoing employment needs at the 1980 Olympic Games in Moscow. That boycott He was also a member of the Niles Area MIC. Courses at MIA are set to begin January led to 14 Communist countries announcing Chamber of Commerce, where he served as 2010. Miami Dade College is uniquely posi- their intention to boycott the 1984 Olympic

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17738 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 14, 2009 Games in Los Angeles, California, and orga- EARMARK DECLARATION Account: Corps of Engineers; Construction nize a rival event called the Friendship Requesting Agency: CA Dpt of Water Re- Games. HON. GUS M. BILIRAKIS sources Requesting Agency Address: 3310 El Ca- When the Soviet Union announced its boy- OF FLORIDA mino Avenue, Sacramento, CA 95821 IN THE HOUSE OF REPRESENTATIVES cott of the 1984 Olympic Games just two Recipient: US Army Corps of Engineers months before the Games, it threatened to un- Tuesday, July 14, 2009 Recipient Address: USACE; Sacramento dermine the participation of other countries Mr. BILIRAKIS. Madam Speaker, pursuant District, 1325 J Street, Sacramento, CA 95814 and create a financial disaster for the Olympic to the House Republican Leadership stand- Amount: $66,700,000 movement. In order to save the Games, Peter ards on earmarks, I am submitting the fol- This funding will provide for the design and Ueberroth personally visited several countries lowing information regarding earmarks I re- construction of a new spillway at Folsom Dam to ensure their participation, including Roma- ceived as part of H.R. 3183, the Energy and that will reduce the frequency of flooding in nia, which became the only Communist coun- Water Appropriations Act for Fiscal Year 2010. this major urban area. try that refused to participate in the Soviet-led Member requesting: GUS M. BILIRAKIS This project represents an appropriate use boycott. Bill number: H.R. 3183 of taxpayer funds due to the glaring need to bolster flood control systems in the Sac- Despite the Soviet-led boycott, through the Account: Operations and Maintenance Name of requesting entity: Tampa Port Au- ramento Region, specifically with regard to the efforts to build international good will led by American River Watershed. Peter Ueberroth and the Los Angeles Olympic thority Address of requesting entity: 1101 American River Watershed (Folsom Dam Organizing Committee, over 140 nations still Raise & Bridge), CA participated in the 1984 Olympic Games. Channelside Drive, Tampa, Florida 33602 Description: The $5,600,000 will be used for Requesting Member: DANIEL E. LUNGREN Peter continued to promote the 1984 Olym- dredging the federal navigation channels in Bill Number: H.R. 3183 Account: Corps of Engineers; Construction pic Games by initiating the Olympic Torch Tampa Harbor. The Tampa Harbor is a feder- Requesting Agency: CA Dpt of Water Re- Relay that began in New York City, crossed ally-authorized project for which, by statute, sources 33 states and the District of Columbia and the Army Corps of Engineers is responsible Requesting Agency Address: 3310 El Ca- ended in Los Angeles, covering more than for maintaining. Maintenance of these chan- mino Avenue, Sacramento, CA 95821 9,000 miles and involving over 3,600 runners nels is essential to ensuring that commerce Recipient: US Army Corps of Engineers that focused the attention of the country and can move efficiently and safely through Tampa Recipient Address: USACE; Sacramento the world on the Games. Harbor. District, 1325 J Street, Sacramento, CA 95814 The 1984 Olympic Games were a stunning f Amount: $600,000 success, featuring athletes such as Carl EARMARK DECLARATION The Folsom Dam Raise project consists of Lewis, Mary Lou Retton and Michael Jordan, the selected 3.5′ raise of Folsom Dam and who led the United States team to a record- HON. DANIEL E. LUNGREN reservoir dikes, reconfiguring the Folsom Dam setting total of 174 medals, including 83 gold penstocks, ecosystem restoration projects, OF CALIFORNIA medals. and the construction of a bridge below Folsom IN THE HOUSE OF REPRESENTATIVES Dam. Peter personally secured the revenue to fi- Tuesday, July 14, 2009 This project represents an appropriate use nance the 1984 Olympic Games, raising an of taxpayer funds due to the glaring need to Mr. DANIEL E. LUNGREN of California. unprecedented amount of funds from private bolster flood control systems in the Sac- Madam Speaker, pursuant to the Republican sources so that not one cent of municipal ramento Region, specifically with regard to the Leadership standards on earmarks, I rise funds would be required of the taxpayers of American River Watershed. Los Angeles. The 1984 Olympic Games actu- today to submit the following information re- South Sacramento County Streams, CA garding earmarks I received as part of H.R. ally concluded with an unprecedented $215 Requesting Member: DANIEL E. LUNGREN 3183—the Energy and Water Development million surplus. Bill Number: H.R. 3183 and Related Agencies Appropriations Act, Account: Corps of Engineers; Construction As a result of his efforts in saving the 1984 2010. Requesting Agency: CA Dpt of Water Re- Olympic Games and restoring the United The following earmarks were requested by sources States as the leader in international sports, my office and are listed for funding in this bill: Requesting Agency Address: 3310 El Ca- Time Magazine named Peter Ueberroth as the American River Watershed (Common Fea- mino Avenue, Sacramento, CA 95821 1984 ‘‘Man of the Year,’’ noting that he was tures), CA Recipient: US Army Corps of Engineers the ‘‘hero of the Olympics’’ and the ‘‘man who Requesting Member: DANIEL E. LUNGREN Recipient Address: USACE; Sacramento brought honor to America.’’ Bill Number: H.R. 3183 District, 1325 J Street, Sacramento, CA 95814 Account: Corps of Engineers; Construction Since leading the 1984 Olympic Games, Amount: $4,750,000 Requesting Agency: CA Dpt of Water Re- This public safety project will increase the Peter Ueberroth has continued to make con- sources level of flood protection for the highly urban- tributions to the United States and the world of Requesting Agency Address: 3310 El Ca- ized area of South Sacramento County and sports, serving as Commissioner of Major mino Avenue, Sacramento, CA 95821 the City of Sacramento, protecting more than League Baseball, where he led efforts to insti- Recipient: US Army Corps of Engineers 100,000 residents. The project will increase tute an effective anti-drug campaign. Recipient Address: USACE; Sacramento the level of flood protection from the Morrison Following the 2004 reorganization of the District, 1325 J Street, Sacramento, CA 95814 Creek stream group, from 50 years to over United States Olympic Committee, Peter Amount: $6,700,000 200 years. Ueberroth was selected to serve as Chairman The project will reduce the possibility of loss This project represents an appropriate use of the United States Olympic Committee, revi- of life and flood damage by improving the of taxpayer funds due to the glaring need to talizing the United States Olympic Committee levee system protecting the Sacramento Met- bolster flood control systems in the Sac- and leading the United States to a first-place ropolitan area from flooding along the Sac- ramento Region, specifically with regard to the finish in the 2008 Beijing Olympics. ramento and American Rivers. Sacramento River. This project represents an appropriate use McClellan Nuclear Radiation Center 2009 marks the 25th anniversary of the Los of taxpayer funds due to the glaring need to Requesting Member: DANIEL E. LUNGREN Angeles Olympic Games held under Peter bolster flood control systems in the Sac- Bill Number: H.R. 3183 Ueberroth’s leadership and in that spirit, I ask ramento Region, specifically with regard to the Account: Department of Energy—Nuclear now that my colleagues join me in recog- American River Watershed. Energy nizing, honoring and celebrating the achieve- American River Watershed (Folsom Dam Requesting Agency: University of California ments, service and contributions of Peter Modifications), CA at Davis Ueberroth to the Olympic movement, sports, Requesting Member: DANIEL E. LUNGREN Requesting Agency Address: One Shields and the United States of America Bill Number: H.R. 3183 Avenue, Davis, CA 95616

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17739 Amount: $500,000 EARMARK DECLARATION used for six projects which are vital to ongoing This request is to provide funding to replace efforts to restore the historic South Florida the nation’s current sole domestic source of HON. MARIO DIAZ-BALART ecosystem including the Florida Everglades. Iodine-125 (I125) production located at the UC OF FLORIDA The Florida Everglades are a unique eco- Davis McClellan Nuclear Radiation Center IN THE HOUSE OF REPRESENTATIVES system that must be preserved for future gen- (MNRC). In April 2004, the system experi- erations. Tuesday, July 14, 2009 enced its fourth and final failure causing pro- Requesting Member: Representative MARIO duction to cease entirely and the system re- Mr. MARIO DIAZ-BALART of Florida. DIAZ-BALART (FC–25) mains inoperable today. Madam Speaker, I submit the following: Bill Number: H.R. 3183 This project represents an appropriate use Requesting Member: Representative MARIO Account: Science of taxpayer funds as the McClellan Nuclear DIAZ-BALART (FL–25) Name of Requesting Entity: Florida Inter- Radiation Center represents the only domestic Bill Number: H.R. 3183 national University source of Iodine-125, which is essential in de- Account: Construction Address of Requesting Entity: 11200 SW tection and treatment of various types of can- Name of Requesting Entity: South Florida 8th St, Miami, FL 33199 cer. Water Management District Description of Request: I have secured Address of Requesting Entity: 3301 Gun $1,000,000 for the state-of-the-Art Large-Scale Club Road, West Palm Beach, FL 33406 Testing for Wind to Enhance Infrastructure Re- f Description of Request: I have secured siliency and Develop Energy-Efficient Build- EARMARK DECLARATION $210,239,000 for the South Florida Everglades ings. This funding will be used for a full-scale Ecosystem restoration, FL: Central and South- testing in the WoW facility, supported by the ern FL (C&SF) Project: Comprehensive Ever- enhanced capabilities, will lead to major im- HON. JERRY LEWIS glades Restoration Plan, FL. This funding will provements in the performance of infrastruc- OF CALIFORNIA be used for the South Florida Everglades ture and life-line elements, including electrical IN THE HOUSE OF REPRESENTATIVES Ecostem Restoration: Six projects which are utility and power distribution systems, safer Tuesday, July 14, 2009 vital to ongoing Everglades Restoration efforts: nuclear power plants in hurricane-prone re- Picayune Strand—The project involves the gions, and increased community resilience Mr. LEWIS of California. Madam Speaker, I restoration of natural water flows across 85- under Category 3 and 4 hurricanes. In addi- submit the following: square miles in western Collier County that tion, by virtue of its unprecedented capabilities Requesting Member: Congressman JERRY were previously cleared for a residential com- to simulate natural, turbulent winds, the FIU LEWIS munity. The project includes construction of full-scale testing facility will test innovative Bill Number: H.R. 3170 three pump stations with spreader canals, the building envelopes capable of massively re- Project Name: Loma Linda and Grand Ter- plugging of 40-miles of canals and the reducing energy consumption in buildings, re- race Connected Communities Infrastructure moval of 227-miles of roads. Levees will be in- ducing GHGs, and improving IEQ. The impact Account: Small Business Administration stalled, as required, to provide flood protection of the facility would be enormous. Losses that Legal Name of Requesting Entity: City of for adjacent private properties that would be may remain inadequately insured because of Loma Linda; City of Grand Terrace impacted by the project. ($56 million) Indian the excessively large risks they entail could be Address of Requesting Entity: City of Loma River Lagoon—The project will include a massively reduced by further developing the Linda, 25541 Barton Road, Loma Linda, CA 3,400-acres above-ground reservoir to capture requisite scientific knowledge through full- 92354; City of Grand Terrace, 22795 Barton local basin runoff with 6,300-acres of storm scale experiments conducted in the more pow- Road, Grand Terrace, CA 92313 water Treatment Areas. The project will de- erful and equipt WOW. Thus the requested Description of Request: Establish a fiber crease the excessive water flows into the St. funding would transform WoW the only facility optic infrastructure expansion pilot program Lucie Estuary, improve the water quality by in the world capable of testing a wide variety between the City of Loma Linda and the City treating the water entering the Estuary and of types of structure to promote significant of Grand Terrace’s new business park. The provide water supplies for the environmental mitigation of the vast losses due to hurricanes pilot will demonstrate how updated and ex- and human needs of the area. ($75 million) and contribute massively to improving energy panded internet access can promote small Site 1 Impoundment—This project involves performance of buildings and reducing GHGs. business, create jobs, enhance local competi- construction of an approximately 1,600-acre The new capabilities would be a breakthrough tiveness and provide green alternatives. The impoundment where water will be pumped in enabling quick results and affordable solu- pilot supports innovative solutions to the dev- from the Hillsboro Canal. The project will cap- tions, thereby making major scientific ad- astatingly high regional unemployment rate of ture and store the excess surface water runoff vancements beneficial to the State and the 12.8%. Because private loans are unavailable from the Hillsboro Watershed as well as re- Nation. The research activities will significantly as a result of the credit crunch, the region will leases from the Loxahatchee National Wildlife enhance the economic and societal well-being benefit from this use of federal dollars as the Refuge and Lake Okeechobee. The project of the general population and businesses— initial investment for future expansions. The will allow more natural, desirable and con- thus promoting hurricane resilient sustainable success of this pilot will attract both stimulus sistent water levels within the Refuge as well communities. Hurricanes caused more than funding and private investment. Such a pro- as benefit estuaries downstream ($27 million) $100 billion in losses in 2005 alone and gram can serve as a model for further eco- C–111 Spreader Canal—This project is lo- caused more than 1,400 fatalities in 2004–05. nomic development in other similarly dis- cated adjacent to Everglades National Park Infrastructure damage and lifeline disruption tressed areas across the country. and is part of the South Dade County portion are severe problems to hurricane prone coast- Amount: $900,000 of the Central and Southern Florida (C&SF). al communities. In 2004 and 2005, seven hur- The project goal is to create a hydrologic ridge ricanes struck the coast of Florida causing se- f between Everglades National Park and areas vere damage to electrical infrastructure. A east that are mostly in agricultural production. record 3.2 million FPL customers were left PERSONAL EXPLANATION The project is intended to maintain existing without electric service as Hurricane Wilma’s flood protection while restoring natural hydro- (2005) winds damaged street lighting, trans- HON. ALBIO SIRES logic conditions in the eastern panhandle of formers, transmission lines, and substations. OF NEW JERSEY Everglades National Park ($20 million) C–51 Wind is also a significant factor affecting build- IN THE HOUSE OF REPRESENTATIVES design—The project will provide water quality ing energy consumption through air leakage, benefits to the surrounding areas along with while wind accompanied by rain can affect in- Tuesday, July 14, 2009 Storm water Treatment Area lE ($16 million) door environment quality (IEQ). Buildings use Mr. SIRES. Madam Speaker, I would like to CERP design—Includes design project agree- about one-third of the world’s energy. In the state for the record my position on the fol- ments, Project Implementation Reports, de- United States today, the buildings sector ac- lowing vote I missed on July 13, 2009. Had I tailed project design and RECOVER which are counts for 40% of the primary energy use. The been present, I would have voted ‘‘yes’’ on all essential to ongoing Everglades Restora- use of electric power and heat in the buildings rollcall 530 on a motion to adjourn. tion efforts ($64 million). The funding would be sector also accounts for about 40% of the

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17740 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 14, 2009 U.S. greenhouse gas emissions (GHGs). the dredging of Miami Harbor. This funding Dredging and disposal of the contaminated Buildings present one of the best opportunities was authorized via WRDA 2007 (H.R. 1495) sediments is expected to improve navigation to reduce energy consumption and limit for preconstruction, engineering, and design of and enhance the environmental quality of the GHGs. Florida International University (FIU) the recommended project. This will address Miami River and downstream portions of Bis- has developed a one-of-a-kind large-scale the federal share at 100% of the anticipated cayne Bay. The target population includes Wall of Wind (WoW) facility simulating atmos- costs for plans and specifications preparation. those who use the Miami River for naviga- pheric turbulent flows and hurricane force The Army Corps of Engineers Chief of Engi- tional purposes. Additionally, the positive envi- winds. Currently the focus of WoW research is neers has recommended the deepening ronmental effects from the dredging will be mitigation of damage to residential buildings. project to 50–52 feet and Congress has au- beneficial to all of Miami-Dade County’s resi- However, the WoW design allows its use for thorized the project (Title I, Water Resources dents. This project benefits the environment of multiple testing of other infrastructural and life- Development Act of 2007). It is essential that South Florida because it removes contami- line elements. Unfortunately such variety of the Planning, Engineering, and Design (PED) nated sediment from the Miami River before testing is not feasible owing to the lack of the begin as soon as possible. Extended delay in those contaminates enter the Bay. Completion instrumentation for measuring aerodynamic, the proposed dredging improvements could be of the project will also permit larger commer- aeroelastic, and thermal effects. For this rea- detrimental to the economy of South Florida cial vessels to call on the River, thus increas- son this large, expensive, and unique facility is and the nation. Cargo growth at the Port of ing commerce. Completion of the project will severely under-used. The proposed funding Miami has been phenomenally strong. How- also allow the marine related industry to ex- would allow such WoW instrumentation to ever, the industry standard container ship is pand along the River. For example, Merrill achieve a transformative testing capability not becoming larger, and the Port cannot handle Stevens, a local boat yard, is planning on add- available anywhere else in the world. the newer ships without deeper channels. In ing over 100 new skilled jobs and a training Requesting Member: Representative MARIO addition, the Port has been facing increasing center to teach local people the skills required DIAZ-BALART (FL–25) competition from foreign ports with existing to work on large ocean going vessels. This Bill Number: H.R. 3183 significantly deeper channels and faces the project has the support of the Miami-Dade Account: EERE-Building Technologies real threat of losing business to foreign ports County Board of County Commissioners, the Name of Requesting Entity: City of Home- (such as Freeport). The targeted population in- Mayor of Miami-Dade County, and the Director stead, FL cludes the ships/commerce currently utilizing of the County’s Department of Environmental Address of Requesting Entity: 790 N. Home- the Port of Miami and future business which Resources Management. stead Blvd, Homestead, FL, 33030 will be generated as a consequence of larger f Description of Request: I have secured vessels being able to utilize the Port of Miami. $500,000 for the City Hall Leadership in En- Port of Miami growth will benefit the citizens of EARMARK DECLARATION ergy and Environmental Design (LEED) Certifi- Miami-Dade County, South Florida and the na- cation. This funding will be used for the City tion. Miami Harbor is a major economic force HON. ROB BISHOP of Homestead is in the process of replacing its for the County, South Florida and the nation. OF UTAH aging and inadequate City Hall building with a The Port of Miami is one of the nation’s IN THE HOUSE OF REPRESENTATIVES new structurally hardened, energy efficient, strongest economic engines, accounting for Tuesday, July 14, 2009 low carbon emission, and environmentally over 98,000 jobs and $12 billion in annual Mr. BISHOP of Utah. Madam Speaker, pur- friendly building. This new building, in addition economic impact. It is the State of Florida’s suant to the Republican Leadership standards to housing all City departments, will also en- top container port and one of the largest in the on earmarks, I am submitting the following in- compass Homestead’s new Emergency Oper- nation formation regarding earmarks I received as ations Center. The City has requested that the Requesting Member: Representative MARIO part of H.R. 3183, the Energy and Water De- designers include features in the design that DIAZ-BALART (FL–25) will result in a LEED Silver Certificate. The de- Bill Number: H.R. 3183 velopment and Related Agencies Appropria- sign is complete and procurement for con- Account: O&M tions Act, 2010. struction will start by the end of February Name of Requesting Entity: Miami-Dade Requesting Member: ROB BISHOP 2009. The total cost of the City Hall project, County, FL Bill number: H.R. 3183 which will employ approximately 60 persons, Address of Requesting Entity: 111 NW 1st Account: Water and Related Resources is $30 million of which $1 million is estimated St., Suite 1032, Miami, FL 33128 Legal name and address of requesting enti- for the improvements needed to meet the re- Description of Request: I have secured ty: Weber Basin Water Conservancy District, quirements for LEED Silver Certification. With- $777,000 for the Miami River Dredging. This 2837 East Highway 193, Layton, UT 84040. Description of project: $1,000,000 to con- out this funding assistance, Homestead’s funding will be used for the final phase of the duct a feasibility study to enlarge the Arthur V. LEED certification efforts may not be fully real- Miami River Dredging Project to restore au- Watkins Dam. ized. This project follows Congress’ and the thorized depth and width to the navigation Administration’s stated goals in the American channel. This project, funded by the US Army f Recovery and Reinvestment Act in areas such Corps of Engineers with a coalition of local EARMARK DECLARATION as: providing immediate job creation, utilization sponsors led by Miami-Dade County, removes of green construction technologies, and pro- contaminated sediments from the Miami River, HON. ROSCOE G. BARTLETT viding energy efficiency cost savings. De- Florida’s 4th largest port with an economic MARYLAND signed to Leadership in Energy and Environ- value of $4 billion. Since it was improved for IN THE HOUSE OF REPRESENTATIVES mental Design (LEED) silver standards, the navigation in the 1930s, the river has never new City Hall will serve as a premier example received comprehensive maintenance dredg- Tuesday, July 14, 2009 of green construction and energy efficiency ing. Sediments have accumulated in the fed- Mr. BARTLETT. Madam Speaker, pursuant technology in the community. eral channel making it narrower and shallower, to the Republican Leadership standards on Requesting Member: Representative MARIO thereby limiting activities of freighters that uti- earmarks, I am submitting the following infor- DIAZ-BALART (FL–25) lize ship terminals along the river. The sedi- mation regarding earmarks I received as part Bill Number: H.R. 3183 ments do not meet federal criteria for ocean of H.R. 3082—Military Construction and Vet- Account: Construction disposal, so they must be disposed of at an erans Affairs Appropriations Act, 2010 Name of Requesting Entity: Miami-Dade upland site. Dredging and disposal of the con- Bill Number: H.R. 3082 County, FL taminated dredged materials improve naviga- Account: MILCON Army Address of Requesting Entity: 111 NW 1st tion and enhance the environmental quality of Legal Name of Requesting Entity: Fort St., Suite 1032, Miami, FL 33128 the river and downstream portions of Biscayne Detrick Description of Request: I have secured Bay, an outstanding Florida water body. Sedi- Address of Requesting Entity: 810 Schreider $600,000 for the Miami Harbor Channel ments have accumulated in the margins of the Street, Fort Detrick, Frederick, Maryland Dredging. This funding will be used for the federal channel making it narrower and 21702-5000 General Reevaluation Report Implementation, shallower, thereby limiting activities of freight- Description of Request: This request appro- Preconstruction, Engineering, and Design for ers that utilize ship terminals along the river. priates $7.4 million for the ALT Auditorium and

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17741 Training Center Expansion in Fort Detrick, solar power research at Creighton University. the United States what it is today, the state of MD. This project is required to meet the di- Creighton University is located at 2500 Cali- Florida has recognized this November as Dis- rected objectives of Homeland Security Coun- fornia Plaza, Omaha, NE 68178. This funding covery of Puerto Rico Month. cil and National Security Council to provide will support costs associated with expansion of On this occasion, I commend Puerto Rican- meeting and conference space for members of its energy technology training program and the Americans for their contributions to American the National Interagency Biodefense Campus establishment of the Research Center for life and extend best wishes to all observing (NIBC). Currently, the USAG is required to Solar Energy that are consistent with the mis- November 2009 as Discovery of Puerto Rico provide space for the biodefense conferences. sion of the Department of Energy—‘‘to Month. Fort Detrick cannot provide the required sup- strengthen America’s energy security, environ- f port to the directed interagency biodefense mental quality, and economic vitality in public- SPECIAL TRIBUTE TO NYPD missions as assessed by multiple, inde- private partnerships that 1) enhance energy ASSISTANT CHIEF RAYMOND DIAZ pendent government organizations as well as efficiency and productivity, 2) bring clean, reli- increasing degradation of already inadequate able and affordable energy technologies to the community support and space for educational marketplace, and 3) make a difference in the HON. CHARLES B. RANGEL services. Fort Detrick is unable to provide high everyday lives of Americans by enhancing OF NEW YORK demand, highly attended, more secure, Inter- their energy choices and their quality of life.’’ IN THE HOUSE OF REPRESENTATIVES agency Conferences, human capital enhance- This new program will take advantage of Tuesday, July 14, 2009 ment, as well as expanded community serv- Creighton’s developing leadership in energy Mr. RANGEL. Madam Speaker, today I rise ices. The current auditorium space has inad- technology. The new energy technology pro- to recognize and thank Patrol Borough Com- equate standoff and force protection standards gram will create two faculty research labs that mander, Assistant Chief Raymond Diaz of the without completion of this project. will be designed as settings for project-based New York City Police Department who for the f and internship-based research settings. Fed- last 15 years and a total of 24 years has eral funding will allow the university to offer served my Congressional District with much EARMARK DECLARATION specialized technical training programs in CPR—Courtesy, Professionalism, and Re- photovoltaics and wind energy to create highly spect. HON. MICHAEL N. CASTLE skilled manpower to provide the expertise to The history of American law enforcement is OF DELAWARE develop and implement solar energy. These a tale of triumphs and tragedies. Since the IN THE HOUSE OF REPRESENTATIVES programs will serve the needs of both tradi- first night watch established in Boston in 1631, Tuesday, July 14, 2009 tional and non-traditional students as well as police officers, the men and women in blue addressing training and retraining needs for a who serve and protect our citizenry, have laid Mr. CASTLE. Madam Speaker, pursuant to growing energy sector of the economy. their lives down while serving the public inter- the Republican Leadership standards on ear- est. Never having worked in law enforcement, marks, I am submitting the following informa- f I can see that police work is often dangerous, tion regarding a project for Dover Air Force PERSONAL EXPLANATION with long hours, impossible weather, and for Base included in H.R. 3082, the Fiscal Year not a whole lot of pay, frequently dealing with 2010 Military Construction—VA Appropriations HON. KAY GRANGER the worst elements of our society. It has al- Act. OF TEXAS Name of Intended Recipient: Dover Air ways been my considered opinion that all IN THE HOUSE OF REPRESENTATIVES Force Base Americans owe a debt of generosity to our Location: Dover, DE Tuesday, July 14, 2009 honest and hardworking police officers and the Requesting Member: Congressman MICHAEL Ms. GRANGER. Madam Speaker, on rollcall chiefs they serve under for all that they do. As a thirty-nine year veteran of the New N. CASTLE Nos. 490, 493, 496, 497, 498, 503, 504, 505, York Police Department, Assistant Chief Ray- Account: Military Construction, Air Force 506, 507, 509, 510, 511, 512, 513, 516, 519, mond Diaz embodies the true spirit of ‘‘New Name of Project: Consolidated Communica- 522, 523, 526, 527, and 528, I was absent York’s Finest.’’ He has served and protected tions Facility from the House due to illness. Project Description: The current Dover Air Had I been present, I would have voted my District with great distinction and his tire- Force Base communications functions are ‘‘no.’’ less dedication to Upper Manhattan and his fellow officers under his command is quite ad- spread among five facilities separated by as f much as 1.75 miles, which does not meet Air mirable. Assistant Chief Diaz’s life long dedi- Force standards. A comprehensive, integrated HONORING THE 516TH ANNIVER- cation of service in the line of duty should communications system is impeded by frag- SARY OF THE DISCOVERY OF serve as an example to all. mented location of related functions. Consoli- PUERTO RICO Assistant Chief Raymond Diaz was ap- dating these functions into one hardened facil- pointed to the New York City Police Depart- ity will improve manpower efficiency by ap- HON. RON KLEIN ment in January 1970 and began his career proximately 25 percent. Consolidation and OF FLORIDA on patrol in Manhattan’s 1st Precinct. In Janu- ary 1972, he was reassigned to East Harlem’s demolition of the old facilities will improve se- IN THE HOUSE OF REPRESENTATIVES 25th Precinct where he served for nine years. curity and will result in approximately $17,000 Tuesday, July 14, 2009 annual energy savings, which benefits the After a number of assignments in Brooklyn U.S. taxpayer. Mr. KLEIN of Florida. Madam Speaker, I and Staten Island and promotions to the rank rise today to celebrate the discovery of Puerto of Sergeant, Lieutenant, and Captain, in May f Rico and the contributions of Puerto Ricans to 1994 he was assigned back to my beloved EARMARK DECLARATION our Nation. East Harlem as the Commanding Officer of On November 19th, 1493, five hundred and the School Safety Division. HON. LEE TERRY sixteen years ago, Christopher Columbus dis- Upon Chief Nicholas Estavillo’s historic as- OF NEBRASKA covered the island on his second voyage to cension as the City of New York’s first Latino IN THE HOUSE OF REPRESENTATIVES the New World. The island took the name Chief of Patrol in June of 2001, Diaz was se- Puerto Rico, meaning ‘‘Rich Port,’’ and ever lected to replace him as the Commanding Offi- Tuesday, July 14, 2009 since, it has been home to the vibrant culture cer of Patrol Borough Manhattan North which Mr. TERRY. Madam Speaker, pursuant to which has enriched American life encompasses my entire Congressional Dis- the Republican Leadership standards on ear- I would like to express my gratitude to the trict. As the Commanding Officer of Manhattan marks, I am submitting the following informa- Puerto Rican/Hispanic Chamber of Commerce North, Assistant Chief Diaz supervised over tion regarding an earmark I received as part of of Palm Beach and Broward counties for their 2,400 police officers and over 200 civilians in the Energy and Water Appropriations Bill for continuing innovation and their role in pre- the 12 Manhattan precincts north of 59th Fiscal Year 2010. serving and promoting Puerto Rican culture. Street. My Congressional District received $1.2 mil- In honor of all Puerto Ricans who have Assistant Chief Diaz is ‘‘True Blue;’’ one of lion to fund alternative energy training and served, fought, and worked tirelessly to make the finest products of my district who came up

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17742 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 14, 2009 through the struggles of life. He was born in EARMARK DECLARATION additional grants have been allocated for East Harlem’s Metropolitan Hospital to immi- projects in Africa, Mexico, India, China and the grant parents. His father Amador immigrated HON. CHARLES W. DENT Russian Federation. In fact, in the past two from Chile and his mother Helena from the OF PENNSYLVANIA decades, the International Affairs Office within Ukraine. Due to a family illness, Assistant IN THE HOUSE OF REPRESENTATIVES the U. S. Fish and Wildlife Service, has ap- Chief Diaz and his younger brother Jay were proved 955 conservation projects at a cost of separated from their parents and raised in fos- Tuesday, July 14, 2009 $20.5 million in taxpayer money. These funds ter homes through the Catholic Home Bureau. Mr. DENT. Madam Speaker, pursuant to the Upon graduation from his school, Assistant House Republican Leadership standards on have been matched by more than $60 million Chief Diaz joined the United States Marine earmarks, I am submitting the following infor- in private non-federal money, which is a re- Corps where he so valiantly served as Cor- mation regarding a project that is listed in H.R. markable 3 to 1 matching ratio. poral in the Vietnam War. As a result, he was 3170, Financial Services and General Govern- Among the conservation projects that have the recipient of two Purple Hearts. After joining ment Appropriations Act, FY2010: been approved are funds for the Winged Am- the Police Department, he attended college Bill Number: H.R. 3170, Financial Services bassadors Program to stop the killing of night classes and obtained a Bachelor of Arts and General Government Appropriations Act, Swainson’s hawks in Argentina, a project to Degree in Sociology. Assistant Chief Diaz is FY2010, Account: Small Business Administra- conserve the forest habitat for monarch butter- also a devout family man. He has been mar- tion, Salaries and Expenses, Title: Green flies, jaguar conservation in the Yucatan re- ried to his wife Lynn for thirty-seven years and Business Advancement Program, Legal Name is a proud parent of a son, Carlos. of Requesting Entity: Community Action Com- gion, the restoration of the California condor in As he is re-assigned to the coveted Manhat- mittee of the Lehigh Valley (CACLV)—Rising Baja California, Mexico and the purchase of tan Borough South Command, I congratulate Tide Community Loan Fund (RTCLF), Address equipment for law enforcement personnel to Assistant Chief Diaz on his advancement, and of Requesting Entity: 1337 East Fifth Street, protect imperiled Far Eastern leopards, Amur I’m certain that he will continue to serve the Bethlehem, PA 18015, Description of Request: tigers and snow leopards. communities of the new command with the This program will help small businesses iden- A fundamental goal of this program has same leadership, professionalism, and admira- tify and implement energy efficiency improve- been to build conservation capacity and estab- tion of those he so valiantly served in my dis- ments. For each participating small business, lish ecosystem management regimes by allo- trict. the CACLV will offer a green business assess- cating a small amount of U.S. taxpayer So Madam Speaker, I ask that you and my ment/energy audit, generate an estimated sav- distinguished colleagues join me in recog- ings calculation based on potential remedi- money. It is no exaggeration to state that nizing my good friend Assistant Chief Ray- ation projects, and develop an energy savings these are the only funds available to assist mond Diaz for all his contributions to my dis- plan that outlines work necessary to reach these highly endangered international species trict and the city of New York. He is truly one maximum efficiency and a detailed schedule and without this investment these species may of New York’s finest and I wish him well. of work. CACLV will work with business own- become extinct in the wild. f ers and contractors in scheduling assess- During the last Congress, witnesses rep- EARMARK DECLARATION ments, audits, and renovations; preparing loan resenting the U. S. Fish and Wildlife Service, packages and documentation; developing part- the Association of Fish and Wildlife Agencies, nerships with community organizations fo- the Wildlife Conservation Society, and the HON. ROSCOE G. BARTLETT cused on energy efficiency and sustainability; OF MARYLAND World Wildlife Fund testified before the House monitoring utility bills and savings of bor- IN THE HOUSE OF REPRESENTATIVES rowers; and providing technical assistance in Natural Resources Committee on H.R. 4455. Tuesday, July 14, 2009 environmentally friendly business practices. Each of these organizations spoke in strong support of my bill to establish the Wildlife Mr. BARTLETT. Madam Speaker, pursuant f Without Borders Program into law. For in- to the Republican Leadership standards on INTRODUCING THE WILDLIFE earmarks, I am submitting the following infor- stance, the Association of Zoos and Aquar- WITHOUT BORDERS AUTHORIZA- iums said that: ‘‘AZA wholeheartedly supports mation regarding earmarks I received in H.R. TION ACT 2847. The list is as follows: this effort’’. The Wildlife Conservation Society Bill Number: H.R. 2847 stated that: ‘‘Congressional authorization for Account: Conservative Operations HON. DON YOUNG the Wildlife Without Borders program affirms Legal Name of Requesting Entity: NRCS OF ALASKA the leadership of the U.S. Government within Address of Requesting Entity: 339 Busch’s IN THE HOUSE OF REPRESENTATIVES the international community, underscoring our Frontage Road, Annapolis, MD 21401 Tuesday, July 14, 2009 commitment to our international wildlife treaty Description of Request: NRCS Support for Chesapeake Bay Activities: This program was Mr. YOUNG of Alaska. Madam Speaker, I obligations, and encouraging coordinated funded: $3,998,000. Since 2003 the Ag Appro- am pleased to reintroduce today the Wildlife international efforts to save wildlife species.’’ priations bill has included an earmark for Without Borders Authorization Act Finally, the World Wildlife Fund testified that: Chesapeake Bay, MD. Although this earmark The Wildlife Without Borders Program was ‘‘There is much to be gained in authorizing the has previously not been in addition to state administratively created by the U. S. Fish and international conservation programs of FWS, funds the Task Force encourages the com- Wildlife Service in 1983. For the past 25 and creating one umbrella to promote mittee to make this request additive. years, the International Affairs Office has done synergies, efficiencies and coordination.’’ Bill Number: H.R. 2847 a superb job of developing wildlife manage- By establishing a Congressional authoriza- Account: Conservative Operations ment and conservation efforts to maintain Legal Name of Requesting Entity: Harford global species diversity. tion for the Wildlife Without Borders Program, County Executive David Craig While the Congress has already created we will send a positive message to the inter- Address of Requesting Entity: 220 South Multinational Species Conservation Funds to national community that the United States is Main Street, Bel Air, MD 21014 assist highly imperiled African and Asian ele- committed to its international wildlife treaty ob- Description of Request: Deer Creek Water- phants, Rhinoceros and Tigers, Great Apes ligations and we recognize the long-term im- shed Conservation and Restoration: This pro- and Marine Turtles, the Wildlife Without Bor- portance of this program by enacting it into gram was funded $400,000. This project will ders program has provided a funding lifeline to law. It will also ensure that this Congress has assist in the implementation of the Deer Creek a number of endangered species that for an opportunity to carefully examine this pro- Watershed Restoration Action Strategy rec- whatever reason have not merited their own gram, to evaluate its effectiveness and to de- ommendations, promoting conservation efforts Multinational Species Conservation Fund. cide whether its merits further expenditures of and completing streambank restoration in the The first conservation grants issued under Deer Creek Watershed. Deer Creek is the this program were awarded to the Wildlife taxpayer money in the future. largest watershed in Harford County covering Without Borders Program for Latin America I urge my colleagues to support this impor- 38% of the county’s land area. and the Caribbean Initiative. Since that time, tant conservation legislation.

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17743 EARMARK DECLARATION channel on the Mississippi River which is es- Frost, HomeTown, Moody National and Texas sential to all commerce in the United States. First banks met to discuss how these banks HON. JOHN SHIMKUS The Account: O&M—Rend Lake could help jumpstart hurricane recovery ef- OF ILLINOIS Requesting Entity: Corps of Engineers St. forts. The four banks agreed to make unse- IN THE HOUSE OF REPRESENTATIVES Louis District at 122 Spruce St in St. Louis, cured bridge loans to Galveston businesses to MO 63103. ensure these businesses had access to capital Tuesday, July 14, 2009 Funding will be used for the continuation of while they waited for federal assistance and Mr. SHIMKUS. Madam Speaker, pursuant to authorized activities including to maintain insurance payments. the Republican Leadership standards on ear- recreation and flood control activities and to The four banks made more than $40 million marks, I am submitting the following informa- address a project backlog at Rend Lake. in recovery loans. These loans provided life- tion regarding earmarks I received as part of The Account: Construction—Madison & St. lines to many businesses struggling with both H.R. 3183, Energy and Water Appropriations. Clair Counties, IL the devastation of Hurricane Ike and the credit Requesting Member: JOHN M. SHIMKUS Requesting Entity: Corps of Engineers St. crisis. Without the efforts of these four banks, Bill number: H.R. 3183 Louis District at 122 Spruce St in St. Louis, several Galveston businesses would have had The Account: Construction—Chain of Rocks MO 63103. to shut their doors. Canal Funding will be used for the continuation to In conclusion, Madam Speaker, I extend my Requesting Entity: Corps of Engineers St. the next phase of sewer design and construc- thanks to management and employees of Louis District at 122 Spruce St. St. Louis, MO tion in the Glen Carbon and Maryville areas to Frost, HomeTown, Moody National, and Texas 63103. provide long term regional sewer system for First banks for their efforts to help the busi- The funding will be used for the continuation Metro East. nesses and people of Galveston recover from of authorized activities on the Chain of Rocks The Account: Section 206—Lake Lou Hurricane Ike. Canal; provides flood control for Metro East Yaeger Restoration f and a corridor for navigation of commerce Requesting Entity: Corps of Engineers St. The Account: Construction—East St. Louis Louis District at 122 Spruce St in St. Louis, EARMARK DECLARATION Levee MO 63103 Requesting Entity: Corps of Engineers St. Funding will be used for the continuation of HON. CHARLES W. DENT Louis District at 122 Spruce St. St. Louis, MO authorized activities and design and engineer- OF PENNSYLVANIA 63103. ing of sediment removal plan for Lake Lou IN THE HOUSE OF REPRESENTATIVES Funding will be used for the continuation of Yeager and allow the viability as long term Tuesday, July 14, 2009 authorized activities on the East St. Louis water source. levee which provides flood protection for Metro The Account: Investigations—Prairie DuPont Mr. DENT. Madam Speaker, pursuant to the East. Levee and Sanitary District and Fish Lake House Republican Leadership standards on The Account: Construction—Upper Mis- Drainage and Levee District earmarks, I am submitting the following infor- sissippi River Restoration IL, IA, MN, MO & Requesting Entity: Corps of Engineers St. mation regarding projects that are listed in WI Louis District at 1222 Spruce St in St. Louis, H.R. 3183, Energy and Water Development Requesting Entity: Corps of Engineers at MO 63103 and Related Agencies Appropriations Act, Clock Tower Building Rock Island, IL 61204. Funding will be used for the continuation of FY2010: Funding The funding would be used to con- authorized activities and design and engineer- Bill Number: H.R. 3183, Energy and Water tinue projects which are vital to the ecological ing of sediment removal plan for Lake Lou Development and Related Agencies Appro- restoration of the Upper Mississippi River and Yeager and allow the viability as long term priations Act, FY2010 Illinois Waterway, including habitat creation water source. Account: Department of Energy, EERE and long-term monitoring The Account: EERE—Hardin County Gen- Title: Energy Reduction and Efficiency Im- The Account: Construction—Wood River eral Hospital Energy Efficiency Upgrades provement Through Lighting Control Levee Requesting Entity: Hardin County General Legal Name of Requesting Entity: St. Luke’s Requesting Entity: Corps of Engineers St. Hospital located at Ferrell Road, Rosiclare, IL Hospital and Health Network Louis District at 122 Spruce St. St. Louis, MO 62982. Address of Requesting Entity: 801 Ostrum 63103. Funding will be used for energy efficiency Street, Fountain Hill, PA 18015 Funding will be used for the continuation of upgrades. Description of Request: This funding will authorized activities and for repair flood pro- f support an energy reduction and efficiency ini- tection for Metro East at the Wood River tiative at St. Luke’s Hospital and Health Net- Levee HONORING FROST, HOMETOWN, work by helping to install advanced lighting The Account: O&M—Carlyle Lake MOODY NATIONAL AND TEXAS controls that automatically adjust to lighting Requesting Entity: Corps of Engineers St. FIRST BANKS needs. Using locally-produced lighting tech- Louis District at 122 Spruce St. St. Louis, MO nology, St. Luke’s estimates a 20 percent to 63103. HON. RON PAUL 30 percent reduction in lighting costs. This Funding will be used for the continuation of OF TEXAS project will assure the hospital maintains suit- authorized activities including to maintain IN THE HOUSE OF REPRESENTATIVES able lighting at all times for patients and staff recreation and flood control activities and to while saving energy and reducing costs. Tuesday, July 14, 2009 address a project backlog at Carlyle Lake. Bill Number: H.R. 3183, Energy and Water The Account: O&M—Lake Shelbyville Mr. PAUL. Madam Speaker, at a time when Development and Related Agencies Appro- Requesting Entity: Corps of Engineers St. the financial headlines are dominated by sto- priations Act, FY2010 Louis District at 122 Spruce St. St. Louis, MO ries of financial institutions seeking taxpayer Account: Department of Energy, Fossil En- 63103. funds and other special privileges, I am ergy R&D Funding will be used for the continuation of pleased to call my colleagues’ attention to a Title: Innovations for Low-Cost Gasification authorized activities including to maintain story from the Galveston Daily News about Systems recreation and flood control activities and to how four community banks came together to Legal Name of Requesting Entity: Air Prod- address a project backlog at Lake Shelbyville. help their friends, neighbors and customers ucts and Chemicals, Inc. The Account: O&M—Mississippi Rivers Be- begin to recover and rebuild from Hurricane Address of Requesting Entity: 7201 Ham- tween Missouri River and Minneapolis (MVS Ike. I ask for unanimous consent to insert this ilton Boulevard, Allentown, PA 18195 Portion) IL story into the CONGRESSIONAL RECORD. Description of Request: This funding will ad- Requesting Entity: Corps of Engineers St. Last fall, as the people of Galveston were vance the development of Green Energy ITM Louis District at 122 Spruce St in St. Louis, assessing the damage from Hurricane Ike and Ceramic Membranes, which can be integrated MO 63103. Congress was beginning debate on spending into a state-of-the-art gasification system to Funding will be used for the continuation of billions of taxpayer funds to bail out irrespon- produce synthesis gas for the generation of authorized activities including the navigation sible financial institutions, representatives of advanced electric, hydrogen, or other clean

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17744 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 14, 2009 fuels power. This versatile technology also en- Project Name: Humboldt, IA Amount Requested: $500,000 ables the capture of greenhouse gases such Amount Provided: $152,000 Account: Small Business Administration Sal- as carbon dioxide and can be applied in a Account: Corps of Engineers—Investigations aries and Expenses cost-effective and environmentally responsible Recipient: Rock Island Illinois Corps Office Recipient: Iowa Valley Community College manner to a broad list of energy sources, in- Recipient’s Street Address: Clock Tower District cluding coal, natural gas, liquid hydrocarbons, Bldg Rodman Ave Rock Island, IL 61201 Recipient’s Street Address: 3702 South biomaterials, and waste materials. Description: Continuation of authorized ac- Center Street Marshalltown, IA 50158 Bill Number: H.R. 3183, Energy and Water tivities. Evaluation of flood risk management Description: This funding will be used to as- Development and Related Agencies Appro- measures, and restoration of degraded aquatic sist in the renovation and expansion of the priations Act, FY2010 and wetland habitats on West Fork of Des Iowa Valley Education and Training Center to Account: Department of Energy, Science Moines River. better provide outreach, education, and work- Title: Energy Systems Engineering Institute Bill Number: H.R. 3183, Energy and Water force development activities in the region. Legal Name of Requesting Entity: Lehigh Development and Related Agencies Appro- f University priations Act, 2010 Address of Requesting Entity: 5 East Packer Project Name: Integrated Renewable En- EARMARK DECLARATION Avenue, Whitaker 318, Bethlehem, PA 18015 ergy & Campus Sustainability Initiative Description of Request: This funding will Amount Provided: $750,000 HON. GLENN THOMPSON support a research and education program, Account: EERE—Wind Energy OF PENNSYLVANIA the Lehigh Energy Systems Engineering Insti- Recipient: Luther College tute (ESEI), at Lehigh University to spawn en- Recipient’s Street Address: 700 College IN THE HOUSE OF REPRESENTATIVES ergy technology breakthroughs while simulta- Drive Decorah, IA 52101 Tuesday, July 14, 2009 neously creating a pipeline of new talent for Description: This project is part of a 5-year Mr. THOMPSON of Pennsylvania. Madam the energy sector workforce. The initiative will strategic plan that proposes to reduce campus Speaker, pursuant to the Republican Leader- be a university-based program in which the carbon use in the range of 50 percent through ship standards on earmarks, I am submitting Electric Power Research Institute (EPRI) and the use of energy efficiency and renewable the following information regarding earmarks I various energy companies partner with univer- energy. This request will aid in creating a two received as part of H.R. 3170—Financial Serv- sity faculty to address critical research needs MW wind energy facility to generate electricity ices and General Government Appropriations while developing the next generation of lead- on the Luther campus. Act, 2010. The entity to receive funding is the Bill Number: H.R. 3183, Energy and Water ers and innovators for the energy industry. Lock Haven Small Business Development Development and Related Agencies Appro- f Center, 301 W. Church Street, East Campus, priations Act, 2010 J102, Lock Haven, PA 17745, in the amount EARMARK DECLARATION Project Name: Iowa Central Renewable Fuel of $50,000. The funding will be used for estab- Testing Laboratory lishment of a regional tax compliance center at Amount Provided: $500,000 HON. TOM LATHAM the Lock Haven University Small Business De- OF IOWA Account: EERE—Biomass and Biorefinery velopment Center. IN THE HOUSE OF REPRESENTATIVES Systems R&D f Tuesday, July 14, 2009 Recipient: Iowa Central Community College Recipient’s Street Address: One Triton Cir- EARMARK DECLARATION Mr. LATHAM. Madam Speaker, pursuant to cle Ft Dodge, IA 50501 the new House Republican standards on ear- Description: The project allows Iowa Central marks, I am submitting the following informa- to expand its partnership with state and fed- HON. MIKE ROGERS tion. eral regulatory agencies, renewable fuel com- OF MICHIGAN Bill Number: H.R. 3183, Energy and Water panies, etc. to ensure that the testing needs IN THE HOUSE OF REPRESENTATIVES Development and Related Agencies Appro- for renewable fuels quality are met. This initia- Tuesday, July 14, 2009 priations Act, 2010 tive conforms to the needs espoused in the Project Name: Clear Lake, IA new energy policies being put forth. Mr. ROGERS of Michigan. Madam Speaker, Amount Provided: $910,000 Bill Number: H.R. 3170, Financial Services pursuant to the House Republican standards Account: Corps of Engineers—Section 206 and General Government Appropriations Act, on earmarks, I am submitting the following in- Recipient: Rock Island Illinois Corps Office formation regarding earmarks I received as Recipient’s Street Address: Clock Tower 2010 Project Name: Central Iowa Business Inno- part of H.R. 3183, the Energy and Water De- Bldg Rodman Ave Rock Island, IL 61201 velopment and Related Agencies Appropria- Description: Continuation of authorized ac- vation Zone Amount Requested: $185,000 tions Act, 2010. tivities. This project is to ensure the comple- Requesting Member: Congressman MIKE tion of the feasibility phase, and to initiate con- Account: Small Business Administration Sal- aries and Expenses ROGERS (MI–08) struction on the Ventura Marsh portion of the Bill Number: H.R. 3183 Clear Lake project. This project will ultimately Recipient: Greater Des Moines Partnership Recipient’s Street Address: 700 Locust Account: Energy Efficiency and Renewable improve Clear Lake, its water quality and envi- Street, Suite 100 Des Moines, IA 50309 Energy agency in the Solar Energy account ronment. Description: The Business Innovation Zone Legal Name of Requesting Entity: Michigan Bill Number: H.R. 3183, Energy and Water (BIZ) is focused on creating business growth Biotechnology Institute Development and Related Agencies Appro- for area reinvestment by growing and culti- Address of Requesting Entity: Michigan Bio- priations Act, 2010 technology Institute, 3900 Collins Road, Lan- Project Name: Des Moines Recreational vating, national, and international scale busi- sing, Michigan, USA River and Greenbelt, Ia nesses. The primary function of the BIZ is to Amount Provided: $4,300,000 provide guided professional business men- Description of Request: Provide an earmark Account: Corps of Engineers—Construction toring and direction along with connecting en- of $500,000 to develop leading bioprocesses Recipient: Rock Island Illinois Corps Office trepreneurial needs with qualified community for the production of energy, fuels, chemicals Recipient’s Street Address: Clock Tower and state resources. BIZ helps entrepreneurs and materials. The project will create a bio-in- Bldg Rodman Ave Rock Island, IL 61201 maximize their success by assisting them in dustry in mid-Michigan which will build the Description: Continuation of authorized ac- navigating resources, strengthening knowl- economy with high paying technical jobs, help- tivities. Funds will maintain scheduled activi- edge, improving skills, forming strategic alli- ing to sustain Michigan manufacturing exper- ties including construction of Ft. Dodge ances, and securing proper capitalization. tise and provide new products to market-lead- bridges/trails (incl. completion of plans and Bill Number: H.R. 3170, Financial Services ing, Michigan-based companies. 20% of the specs), Red Rock Trail and other scheduled and General Government Appropriations Act, federal funds will be used for research, 80% activities. 2010 will be used for engineering and developing Bill Number: H.R. 3183, Energy and Water Project Name: Iowa Valley Education and bioprocesses. Development and Related Agencies Appro- Training Center Acquisition, Renovation, and Requesting Member: Congressman MIKE priations Act, 2010 Expansion ROGERS (MI–08)

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17745 Bill Number: H.R. 3183 Description of Request: I received $100,000 the non-federal contribution will be 37.5% of Account: Energy Efficiency and Renewable for Long Beach Water’s Desalination Re- the project cost. Energy agency in the Building Technologies search and Development Project. Long Beach Requesting Member: Congressman DANA account. desalination represents the federal govern- ROHRABACHER (CA–46) Legal Name of Requesting Entity: Ingham ment’s national interest in making desalination Bill Number: H.R. 3183 Regional Medical Center of seawater a viable, cost-effective and envi- Name of Project: Orange County Regional Address of Requesting Entity: Ingham Re- ronmentally responsive option for supply reli- Water Reclamation Project gional Medical Center, 401 West Greenlawn ability along the coast of California. Seawater Account: Bureau of Reclamation, Water and Avenue, Lansing, Michigan, USA desalination will not be seen by the Congress, Related Resources Legal Name of Requesting Entity: Orange Description of Request: Provide an earmark the California State Legislature, regulatory of $250,000 to fund energy conservation up- County Water District agencies, private sector interests or the public Address of Requesting Entity: 18700 Ward grades on the Greenlawn and Pennsylvania as a viable, cost effective and environmentally Campuses of Ingham Regional Medical Cen- Street, Fountain Valley, CA 92708 responsive option for municipal water supply Description of Request: I received $100,000 ter. The purpose of this project is to provide reliability in the United States until advances for Orange County Water District’s Regional the citizens of Lansing and the State of Michi- are made and existing processes optimized in Water Reclamation Project. This project will in- gan with access to additional high quality on-going research and development, funded crease the region’s water independence from health care and cost effective healthcare. 15% through programs like the Long Beach Desali- expensive and declining imported water re- of the federal funds will be used for engineer- nation Project. sources from the California Delta and Colo- ing studies, 30% for salaries, and 55% for The project is a constructed, large-scale, rado Rivers and supplement the existing water construction costs and equipment. fully operational seawater desalination re- supplies by providing a new, reliable, high- Requesting Member: Congressman MIKE search and development facility located in quality source of water. The GWR System is ROGERS (MI–08) urban/coastal Southern California. The re- Bill Number: H.R. 3183 the largest water recycling project of its kind. search conducted at this facility is the most The Enhancement Project would expand the Account: Energy and Efficiency and Renew- important and advanced analysis being con- able Energy agency in the Biomass and Bio- capacity of the current plant by an additional ducted anywhere in the Nation at this time, to 18 million gallons per day. With the enhance- refinery Systems Research account include facility design and construction, permit- Legal Name of Requesting Entity: Michigan ment, the Project would expand the capacity ting, operations, water quality, distribution sys- of the current plant to 88 million gallons per State University tem integration and alternative, sub-ocean Address of Requesting Entity: Consortium day for a total of approximately 32 billion gal- floor intake and outfall systems. It is my unfor Plant Biotechnology Research, Inc., Geor- lons per year. It is my understanding matching derstanding funds will be used for Ultra Violet gia at P.O. Box 20634, St. Simons Island, funds have been provided by local grants and & Chlorine Dioxide research; post-treatment Georgia, USA other funding sources. corrosives testing and analysis; under ocean Description of Request: Provide an earmark Requesting Member: Congressman DANA floor intake and discharge demonstration sys- of $3,000,000 for clean energy research for ROHRABACHER (CA–46) tem research, and site restoration. It is my un- the Consortium for Plant Biotechnology Re- Bill Number: H.R. 3183 derstanding a 50% match share will be pro- search. This funding would be used for re- Name of Project: Westminster, East Garden vided by the board of water commissioners. search at Michigan State University and com- Grove, CA Requesting Member: Congressman DANA Account: Army Corps of Engineers, Inves- mercialization for clean energy, national en- ROHRABACHER (CA–46) tigations ergy security, and a cleaner environment. The Bill Number: H.R. 3183 Legal Name of Requesting Entity: County of purpose of this project is to fund research and Name of Project: Santa Ana River Orange, CA technology transfers that have applications to Mainstem, CA Address of Requesting Entity: 300 N. Flower energy security and the reduction of green- Account: Army Corps of Engineers, Con- St., Santa Ana, CA 92703 house gases through developing technologies struction Description of Request: I received $900,000 in renewable energy, biofuels, ‘‘green’’ chemi- Legal Name of Requesting Entity: County of for Orange County’s study of the Westminster, cals, and industrial manufacturing processes. Orange, CA East Garden Grove channel. Flood damages Approximately 8% of the federal funds will be Address of Requesting Entity: 300 N. Flower along the East Garden Grove-Wintersburg used for peer reviewed competitions and 92% St., Santa Ana, CA 92703 Channel affect residential, commercial, and in- is for research projects. Description of Request: I received dustrial development located in an 81 square f $52,193,000 for Orange County’s Santa Ana mile watershed, impacting eleven cities in Or- EARMARK DECLARATION River Mainstem project. The Santa Ana River ange County. Over 20,000 property owners Mainstem Project including Prado Dam are currently required to participate in the Na- (Project) was authorized under the Water Re- tional Flood Insurance Program, while aging HON. DANA ROHRABACHER sources Development Act (WRDA) of 1986, levees jeopardize thousands of additional OF CALIFORNIA and Section 309 of WRDA, 1996. The Project property owners. The study will investigate in- IN THE HOUSE OF REPRESENTATIVES involves construction, acquisition of property novative methods to provide flood protection in Tuesday, July 14, 2009 rights, relocations, environmental mitigation combination with improved ecosystem func- Mr. ROHRABACHER. Madam Speaker, pur- and enhancement in Orange, Riverside, and tioning and water quality. Over 20,000 prop- suant to the requirements of the Republican San Bernardino counties. The flood control erty owners are currently mandated by the Conference of the House, I am submitting the districts of these counties are the Local Spon- Federal government to pay flood insurance following information regarding earmarks I re- sors who are responsible, with the Department because of inadequate flood protection in this ceived, which were included in the reported of the Army, for implementing the Project. watershed. Taxpayer funds are used to rebuild version of H.R. 3183, the ‘‘Energy and Water The Corps considered the Santa Ana River private property and public infrastructure every Development and Related Agencies Act of as the worst flood threat west of the Mis- year that flood damages occur. This com- 2010.’’ sissippi River. In 1980s, the Corps estimated prehensive study is developing innovative, Requesting Member: Congressman DANA that 3 million people and 110,000 acres would sustainable solutions to flooding, water quality, ROHRABACHER (CA–46) be impacted, with potential loss of 3,000 lives and environmental problems in this watershed. Bill Number: H.R. 3183 and $15 billion in economic losses (1987–8 Those solutions will provide more cost-effec- Name of Project: Long Beach Desalination price level). Estimated impacts and loss (with- tive approaches than currently exist, and con- Research and Development Project out the Project being constructed) would be tribute to the National Economic Development Account: Bureau of Reclamation, Water and much greater with current population growth as well as National Ecosystem Restoration Related Resources and value of land and structures. In addition to Plan. It is the mission of the Army Corps of Legal Name of Requesting Entity: Long protecting a large, highly populated and rap- Engineers (Corps) to provide flood protection, Beach Board of Water Commissioners idly growing area of Southern California, the navigation, and ecosystem restoration in meet- Address of Requesting Entity: 1800 E. Project has/will improve protection of major ing these criteria. The U.S. Army Corps of En- Wardlow Road, Long Beach, CA 90807 transportation corridors. It is my understanding gineers found that there was federal interest in

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17746 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 14, 2009 this project during their reconnaissance study. Chandy graciously touched the lives of includes working closely with multiple commu- It is my understanding funding will be used for many people. Spectators knew Chandy for her nity partners. 37 microenterprises that were salaries and professional services for the aerobatics, but most people knew her for her selected from a larger pool are presently being Army Corps of Engineers investigation. contributions outside of aviation. To me, actively supported. This project is different f Chandy was a great friend and I was lucky to from the other micro-enterprise assistance have known her. programs in that it addresses the needs of the EARMARK DECLARATION On behalf of the thousands of people across majority of micro-entrepreneurs by providing our Nation who are mourning this tragic and them with the ability to use information tech- HON. MICHAEL N. CASTLE untimely loss, I wish to offer my most sincere nology to grow their businesses. Additionally, OF DELAWARE condolences to her family, friends, and loved instruments are being developed and used to IN THE HOUSE OF REPRESENTATIVES ones. She will be forever missed by so many. assess the effects of our training, technology Tuesday, July 14, 2009 f and trust building interventions on the economic, human and social development of Mr. CASTLE. Madam Speaker, pursuant to EARMARK DECLARATION micro-entrepreneurs in the underserved com- the House Republican standards on earmarks, munities of Omaha. After a well established I am submitting the following information re- HON. LEE TERRY IT, knowledge and community infrastructure is garding funding for Delaware included as part OF NEBRASKA in place approval will be pursued for Center of the FY 2010 Financial Services and Gen- IN THE HOUSE OF REPRESENTATIVES status within the University. Continued edu- eral Government Appropriations Act, H.R. Tuesday, July 14, 2009 cational offerings of developed curricula will 3170. sustain development of a trained workforce Name of Project: Delaware Small Business Mr. TERRY. Madam Speaker, pursuant to and microenterprise communities. Efforts for and Technology Development Center the Republican Leadership standards on ear- program research, innovation, expansion and Requesting Member: Congressman MICHAEL marks, I am submitting the following informa- assessment purposes will be supplemented by N. CASTLE tion regarding an earmark I received as part of external funding. Bill Number: H.R. 3170 H.R. 3170—Financial Services and General In January 2005, Governor Heineman re- Account: Small Business Administration— Government Appropriations Act of 2010. Ne- ported to the Legislature on the Nebraska Salaries and Expenses braska’s Micro-Enterprise Center at The Uni- Micro-enterprise Development Act that 87 per- Legal Name of Requesting Entity: University versity of Nebraska at Omaha, located at 6001 cent of Nebraska’s businesses are micro-en- of Delaware Dodge Street, Omaha, NE 68182, will receive terprises and they accounted for 22 percent of Address of Requesting Entity: University of $250,000 from the Small Business Administra- Nebraska’s job growth. Many of Nebraska’s Delaware, Hullihen Hall, Newark, DE 19716 tion out of the ‘‘salaries and expenses’’ ac- most successful businesses (e.g., Cabela’s, Description of Request: $100,000 to be count in order to establish the technical, ConAgra) began as micro-enterprises. Since used for training and consulting at the Dela- knowledge, and support infrastructure needed many rural and inner city communities lack the ware Small Business Development Center to to foster growth of microenterprises through resources and infrastructure for industrial de- enhance technology-based economic develop- effective application of information tech- velopment, micro-enterprises are the only ment in Delaware. nologies. The Program includes facilities in a choice for economic development. Despite its f central lab to develop and maintain a reposi- effectiveness and track record, Nebraska’s tory of technology-based solutions to business micro-enterprise development system is gross- HONORING CHANDRA CLANTON problems encountered by micro-enterprises. ly underfunded, according to a recent report to These base solutions, ranging from simple the Unicameral by the Nebraska Rural Devel- HON. SAM GRAVES how-to tutorials to fully configured ‘‘business in opment Commission. As with businesses of OF MISSOURI a box’’ servers hosted on a cloud computing any size, the performance of micro-enterprises IN THE HOUSE OF REPRESENTATIVES (internet based) infrastructure, that will be cus- can be enhanced through the effective and tomized to meet the needs of individual micro- Tuesday, July 14, 2009 strategic use of information technology. This enterprises. Funds will also support additional project will provide Nebraska micro-enterprises Mr. GRAVES. Madam Speaker, I rise today curriculum development at UNO in Information with an accelerated platform and support for to offer my most sincere condolences to the Technology for Development, including dis- increasing their technological competitiveness, family, friends, and loved ones of Ms. Chandra tance learning options. These educational op- innovation and spur job growth. ‘‘Chandy’’ Clanton. portunities will develop a well trained work- f Tragically, on July 10, 2009, Chandy was inforce to further support the micro-enterprise volved in a fatal crash while piloting her air- owner’s needs and sustain the communities of EMERGENCY MEDIC TRANSITION craft during a training flight in preparation for micro-enterprises needed for economic devel- (EMT) ACT the Wingnuts Flying Circus and Fly-In near opment in Nebraska. Tarkio, Missouri. Chandy was a distinguished The Program will also support mobile labs HON. JANE HARMAN pilot, great friend, and loving mother. She was used by specially trained UNO students who OF CALIFORNIA 36 years old and is survived by her two chil- will work on location with the micro-entre- IN THE HOUSE OF REPRESENTATIVES dren, Harrison and Drew. preneurs to provide customized technology- Chandy was among the world’s most elite based solutions to pressing business prob- Tuesday, July 14, 2009 and recognized aerobatic pilots. She was a lems. This project trains micro-enterprise own- Ms. HARMAN. Madam Speaker, today, to- twelve year veteran in the air show business ers how to use information technology effec- gether with my colleagues Representatives and a world class aerobatic competitor. She tively by providing immediate and accessible, MELISSA BEAN and STEPHANIE HERSETH SAND- was a three-time member of the United States needs-based information systems training, LIN, I rise to introduce H.R. 3199, that takes an Unlimited Aerobatic Team, the youngest fe- technical assistance and operations and de- important step toward ensuring the safety and male pilot to perform at the 2003 World Aero- velopment services to micro-enterprises. security of our communities by enhancing the batic Championships in Lakeland, Florida, and Micro-enterprise owners, gaining the skills and surge capacities of local medical facilities, the only woman named to the 2003 ‘‘Stars of knowledge necessary to use information tech- while helping ease veterans’ transition into ci- Tomorrow’’ program. nology to grow their businesses, will learn to vilian life. In addition to being an elite aerobatic pilot, access new customers and markets, achieve Every year, highly trained, experienced Chandy was an exceptional humanitarian who administrative efficiencies, learn how to im- medics leave the ranks of the nation’s armed strived to help those less fortunate than her. prove their businesses and increase produc- forces. Yet those who wish to find employment She donated countless aerobatic rides to char- tivity. in the medical field must start from scratch, itable organizations, benefiting her community, The PIs and this project have a well estab- fulfilling the same entry-level criteria as citi- church, and people all across our great Na- lished track record of working with micro-en- zens without any hands-on experience. tion. She was truly a role model for young terprises that are most in need and enabling At the same time, hospitals and emergency women, especially those interested in aviation. them to show measurable improvements. This medical services face a shortage of qualified

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17747 personnel. Many operate at or near capacity, project is the City of San Diego, located at of local industry. A quarter of the building barely meeting the daily demand for their serv- 202 C Street, San Diego, California 92101. space will be designated as an incubator for ices. In the event of a terrorist attack, natural The City of San Diego is seeking to perform local industries to work with students to con- disaster, or other mass-casualty incident the a feasibility study in partnership with the Bu- duct research in order to develop new prod- resulting surge of patients would overwhelm reau of Reclamation, authorized by the Omni- ucts and/or manufacturing processes that will medical facilities. Having the largest possible bus Public Land Management Act (P.L. 111– strengthen local businesses while providing pool of experienced emergency medical per- 11), to examine connecting four existing res- hands-on training to students. This is a bene- sonnel on hand is crucial in responding to ervoirs in San Diego County (San Vicente, El ficial use of taxpayer funding because this ef- such an incident. Capitan, Murray and Loveland) in an effort to fort will ensure that the local workforce meets Veterans with medical experience are the study and improve water supply reliability and the needs of local employers and that local ideal people to fill this gap. Who better to water yield throughout the region, as well pro- businesses have access to a facility that al- come to the rescue in face of a disaster than vide an added element of public safety to pro- lows them to conduct research that will the same men and women we’ve trusted to tect local water supplies. Loveland currently strengthen their business models. defend this country overseas? In the world of only receives local runoff, El Capitan receives f emergency response there is no substitute for local runoff and imported water, but due to PERSONAL EXPLANATION experience. First responders routinely face pipeline capacity limitations, the full capacity of life-or-death decisions, often amid a backdrop the reservoir cannot be utilized. Local rainfall of chaos and confusion. This would be mag- in the watersheds to these reservoirs is inad- HON. MIKE ROSS nified during a terrorist attack or natural dis- equate to fill them and only occurs once every OF ARKANSAS aster. Military medics work at the scenes of five to ten years. IN THE HOUSE OF REPRESENTATIVES IED attacks, suicide bombings, and firefights; The unused capacity of the four San Diego Tuesday, July 14, 2009 many have experience equivalent to that of reservoirs totals an estimated 100,000 acre- Mr. ROSS. Madam Speaker, on Monday, their most seasoned civilian counterparts in feet a year. Maximizing storage capacity July 13, 2009, I was not present for votes be- this respect. would provide a significant water storage vol- cause I was attending a meeting with Presi- By treating veteran medics as entry-level ume that can be put to beneficial use if im- dent Obama in the Oval Office. trainees, we forego an opportunity to benefit ported water were piped to the reservoirs and Had I been present for roll call 530, The from their existing training and highly relevant efficiently operated. Additionally, connectivity Motion to Adjourn, I would have voted ‘‘aye.’’ experience. Rather than subjecting them to between the reservoirs would allow the isola- f the same coursework as everyone else, states tion of contaminated water in the event of a should allow military medics to undertake a terrorist attack or natural disaster while, at the URGING THE OBAMA ADMINISTRA- regimen that accounts for their existing train- same time, transport water from another res- TION TO SUPPORT EFFORTS TO ing and prepares them to provide care in a ervoir to the affected area. Besides the City of BRING ABOUT A RESOLUTION OF non-combat environment. Not only will this en- San Diego, this project has the full support of THE CYPRUS CONFLICT hance the surge capacity of medical facilities, the San Diego County Water Authority and the it will also spare the cost of unnecessary, re- Sweetwater Authority, two local public water HON. ALCEE L. HASTINGS dundant training. agencies. OF FLORIDA The legislation we introduce today will cre- f IN THE HOUSE OF REPRESENTATIVES ate such a fast-track, removing the barriers Tuesday, July 14, 2009 EARMARK DECLARATION that currently impede veterans’ assimilation Mr. HASTINGS of Florida. Madam Speaker, into the corps of emergency responders. I rise today to call on the Obama administra- Not only is this an important step to bol- HON. GREG WALDEN tion to support efforts to bring about a nego- stering the nation’s preparedness, it also helps OF OREGON tiated resolution of the Cyprus conflict and re- veterans transition from military to civilian life. IN THE HOUSE OF REPRESENTATIVES unification of the country as a federal bizonal, In 2008, the average unemployment rate of re- Tuesday, July 14, 2009 bicommunal, with a single sovereignty, inter- cently discharged military personnel was more national personality and citizenship. This for- than 30 percent higher than the rate for non- Mr. WALDEN. Madam Speaker, consistent mula is based on several UN Security Council veterans. Creating an avenue to employment with the House Republican Leadership’s policy resolutions and serves as the basis for ongo- for veterans with medical experience is the on earmarks, to the best of my knowledge the ing talks between Cypriot President Demetris least we can do to honor the brave men and request I have detailed below is (1) not di- Christofias and the Turkish Cypriot leader, women who have risked their lives in defense rected to an entity or program that will be Mehmet Talat. of their country. named after a sitting Member of Congress; As my colleagues know, the road to a final We owe it to veterans to help them find and (2) not intended to be used by an entity settlement over the past few decades has work and we owe our communities the protec- to secure funds for other entities unless the been fraught with difficulty. Numerous earlier tion they deserve. This is a win-win solution use of funding is consistent with the specified diplomatic initiatives were launched, but in the that allows us to do both. purpose of the earmark. As required by ear- end failed. Ultimately, a negotiated resolution f mark standards adopted by the House Repub- of the conflict must be by the Cypriots, for the lican Conference, I submit the following infor- Cypriots and one that enjoys the support of EARMARK DECLARATION mation on a project I requested and was in- Greek Cypriots and Turkish Cypriots alike. cluded in H.R. 3170—the Financial Services There is a strong desire by younger genera- HON. DUNCAN HUNTER and General Government Appropriations Act, tions from both communities to experience the OF CALIFORNIA 2010. rebirth of a Cyprus where the rights of all are IN THE HOUSE OF REPRESENTATIVES Account: Salaries and Expenses respected and all can participate in the na- Project Name: Technology Education Center Tuesday, July 14, 2009 tional life of their country. Legal Name and Address of Requesting En- As a member of both the Congressional Mr. HUNTER. Madam Speaker, pursuant to tity: Central Oregon Community College, 2600 Caucus on Hellenic Issues and the Congres- the Republican Leadership standards on ear- NW College Way, Bend, Oregon 97701 sional Caucus on U.S.-Turkish Relations and marks, I am submitting the following informa- Project Location: Bend, Oregon Turkish Americans, I am gratified that the tion regarding an earmark I received as part of Description of Project: H.R. 3170 appro- leaders of both the Greek Cypriot and Turkish H.R. 3183, the Energy and Water Appropria- priates $100,000 for the Central Oregon Com- Cypriot communities have stated their mutual tions for FY 2010: munity College Technology Education Center commitment to work towards a final settle- I requested $250,000 in this legislation for project. According to the requesting entity, this ment, and have continued their discussions the San Diego Four-Reservoir Intertie Project funding will be used to design and construct a accordingly. While the administration is cur- through the Bureau of Reclamation’s Water 30,400 square foot Technology Education rently observing developments and has of- and Related Resources Investigations ac- Center that will offer courses designed to en- fered its support if called upon by both com- count. The entity to receive funding for this sure that the local workforce meets the needs munities. It is my hope that it will seize this

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17748 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 14, 2009 opportunity to offer and make the resolution of reduced apple acreage in Michigan by an as- EARMARK DECLARATION the Cyprus issue a priority. At a time when so tounding 24%. Michigan and New York re- many of the world’s disputes seem intractable, searchers are taking aggressive measures HON. FRANK D. LUCAS I believe the Cyprus dispute is one area against fire blight including development of OF OKLAHOMA where, working together, we can truly bring blight-resistant varieties and new, environ- IN THE HOUSE OF REPRESENTATIVES hope and change to a place and people that mentally responsible control strategies. Find- have longed for it for decades. Tuesday, July 14, 2009 ing ways to control and curb fire blight is of Madam Speaker, I hope the United States Mr. LUCAS. Madam Speaker pursuant to critical importance to apple growers in my dis- can play a supportive and active role in mak- the Republican Leadership standards on ear- ing a final settlement possible and encourage trict and elsewhere. This research is very marks, I am submitting the following informa- others to do likewise. Meanwhile, as President promising, and its results will help apple grow- tion regarding earmarks I received as part of Christofias and Mr. Talat and their teams ers significantly increase their yields. H.R. 3183, the Energy and Water Develop- grapple with an array of tough issues it is my Amount: $346,000 ment and Related Agencies Appropriations hope they seek to overcome the legacy of the Act, 2010. Financial Breakdown: Approximately, past 35 years and build a brighter future for all Requesting Member: Congressman FRANK $148,000 is for the salaries of laboratory and Cypriots. D. LUCAS field research personal; and $36,000 is for f Bill Number: H.R. 3183 materials and supplies. Michigan State Univer- Account: Construction EARMARK DECLARATION sity has obtained funding from the Michigan Legal Name of Requesting Entity: Oklahoma Apple Committee and industry sources and Water Resources Board HON. JOHN J. DUNCAN, JR. will continue to fund the fire blight research at Address of Requesting Entity: 3800 North OF TENNESSEE MSU at a level of $52, 500 in FY09. Classen Boulevard, Oklahoma City, OK 73118 IN THE HOUSE OF REPRESENTATIVES Description of Request: I have received PHYTOPTHORA RESEARCH Tuesday, July 14, 2009 $800,000 for the Red River Basin Chloride Department: Agriculture Control project. This improvement project is Mr. DUNCAN. Madam Speaker, consistent designed to control natural chloride brine with House Republican Earmark Standards, I Account: Cooperative State Research Edu- emissions at three major source areas to im- am submitting the following earmark disclo- cation and Extension Service prove water quality for municipal, industrial, sure information for project requests that I Legal Name of Requesting Entity: Michigan and agricultural use. Improvements include made and which were included within H.R. State University construction of low flow dams, pump stations, 3183, ‘‘Making appropriations for energy and and diversion pipelines to a brine reservoir. water development and related agencies pro- Address of Requesting Entity: The state of Oklahoma expressed a renewed grams for the fiscal year ending September Description of Request: Researchers at interest in the Area VI element of the project 30, 2010, and for other purposes.’’ Michigan State University are leaders in the and supports the Area VI reevaluation efforts Requesting Member: Congressman JOHN fight to control Phytophthora capsici, a fungal- underway. Area VI is located on the Elm Fork DUNCAN like pathogen that lives in the soil and causes of the North Fork of the Red River in Greer Account: Energy Efficiency and Renewable numerous plants to rot. Phytophthora manage- Energy County, Oklahoma. Project Amount: $500,000 ment has been complicated by its longevity in Requesting Member: Congressman FRANK Legal Name of Requesting Entity: NTRCI, soils (10 or more years), its ability to spread D. LUCAS 2360 Cherahala Boulevard, Knoxville, TN in water, its resistance to key fungicides and Bill Number: H.R. 3183 37932 lack of disease resistant varieties. Michigan Account: EERE Description of Request: NTRCI will conduct State University has developed new tech- Legal Name of Requesting Entity: Oklahoma over-the-road, heavy vehicle testing and re- niques for control and resistant varieties. How- State University search to validate the benefits and reliability of ever, losses caused by Phytophthora have be- Address of Requesting Entity: 101 White- the Legacy rotary engine to demonstrate the come so large throughout the nation in recent hurst, Stillwater, Oklahoma, USA Description of Request: I have received capability of the Legacy engine to deliver years that the economic viability of the vege- $250,000 for the Consolidate Alternative Fuels greater fuel efficiency and thus lower con- table industries in many states is at risk, and sumption and reduced emissions for the $7 Research project. The funding would support more research is necessary. Since 1996, re- a feasibility study of a proposed project on the billion Class 8 heavy vehicle engine market. searchers have leveraged private, state and f Oklahoma State University Stillwater campus federal funds to significantly advance disease to create a unique facility that provides both a EARMARK DECLARATION management. The widespread crop loss regional/national research and testing center caused by Phytophthora capsici will be less- for alternative fuels and a training facility for HON. FRED UPTON ened, keeping family farms and their commu- transit and local government transportation. OF MICHIGAN nities viable. Spread of Phytophthora to new The facility would provide accommodations for IN THE HOUSE OF REPRESENTATIVES sites will be stopped. Ways to remediate/treat a distinct teaching venue that OSU staff will use to instruct urban and rural transit agen- Tuesday, July 14, 2009 infested ground and water sources will be identified. Integrated management strategies cies, county and state highway offices, and Mr. UPTON. Madam Speaker, Pursuant to that emphasize cultural methods and environ- Native American tribal staffs in the latest tech- the Republican Leadership standards on ear- mentally friendly practices will be developed. nological advances in alternative and conven- marks, I am submitting the following informa- tional fuel/vehicle operations. In addition, this tion regarding earmarks I received as part of Amount: $346,000 facility will provide maintenance procedure HR 2997, the Agriculture Appropriations bill for Financial Breakdown: This money will pro- guidance and transit anti-terrorist training. Fiscal Year 2010. I would note that many of vide $346,000 in funding for Phytophthora re- f my Michigan colleagues signed a letter research at Michigan State University. Approxi- EARMARK DECLARATION questing these amounts. mately 85 percent of the funding will go to re- APPLE FIRE BLIGHT searchers, technicians and students. Approxi- Department: Agriculture mately 15 percent will be used for materials, HON. BILL SHUSTER Account: Cooperative State Research Edu- supplies and administration. Michigan State OF PENNSYLVANIA cation and Extension Service IN THE HOUSE OF REPRESENTATIVES Legal Name of Requesting Entity: Michigan University has received outside sources of Tuesday, July 14, 2009 State University funding for Phytophthora research as well. Address of Requesting Entity: This funding is consistent with the authorized Mr. SHUSTER. Madam Speaker, consistent Description of Request: Fire Blight is a purpose of the Cooperative State Research, with the Republican Leadership’s policy on major threat to Michigan’s apple trees and has Education and Extension Service. earmarks, I submit the following.

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17749

Requesting Member: Congressman BILL $4,000,000 for South Central Pennsylvania Bill Number: H.R. 3170 SHUSTER (PA–9) Environmental Improvement, PA Account: SBA—Salaries and Expenses Bill Number: H.R. 3183—Energy and Water It is my understanding that the South Cen- Legal Name of Requesting Entity: University Development and Related Agencies Appro- tral Pennsylvania Environmental Improvement of Missouri System, Columbia, MO priations Act, FY2010 Program provides design and construction as- Address of Requesting Entity: University Energy and Water Development and Re- sistance for water-related environmental infra- Hall, 1100 Carrie Francke Drive, Columbia, lated Agencies Projects structure and resource protection and develop- MO 65211 Project Name: Raystown Lake, PA ment projects in South Central Pennsylvania. Description of Request: $249,000 is pro- Account: Corps of Engineers, O&M The program provides the funding necessary vided for the University of Missouri’s Extension Legal Name of Requesting Entity: U.S. for local communities to install basic sewer Community Economic and Entrepreneurial De- Army Corps of Engineers, Raystown Lake and water systems and is a key aspect of velopment (ExCEED) program. The funding Address of Requesting Entity: 6145 Seven building and enhancing infrastructure for many will be used to promote economic develop- Points Road, Hesston, PA rural communities in Pennsylvania. ment in the Mississippi River Hills Region and Description of Request/Justification of Fed- This project is a valuable use of taxpayer the Ozark Heritage Region. Over a three year eral Funding: funds because building and enhancing infra- period, funding will be utilized to expand the $3,847,000 for O&M, Raystown Lake, PA structure creates jobs and yields a sustainable current part-time Executive Director position in It is my understanding that funding for this and justified investment for communities and the Mississippi River Hills Region to full-time, project would be used for operations and our country. Additionally, enhancing basic as well as establishing a part-time youth entre- maintenance at Raystown Lake, operated and sewer and water systems is vital to protecting preneurship coordinator and equipment in this maintained by the U.S. Army Corps of Engi- the environment and improving the lives of rural area. Additionally, over three years this neers, Baltimore District. Raystown Lake, lo- rural citizens. funding will allow the Ozark Heritage Region cated in the Alleghenies of central Pennsyl- f to expand their entrepreneurship education vania, is the Commonwealth’s largest man- and business counseling. made lake and a major driver of the local EARMARK DECLARATION Requesting Member: JO ANN EMERSON economy. Bill Number: H.R. 3170 Funding for this project is a valuable use of HON. SCOTT GARRETT Account: SBA—Salaries and Expenses taxpayer dollars because funding is necessary Legal Name of Requesting Entity: Down- OF NEW JERSEY to offer adequate services, keep recreation town West Plains, Inc., West Plains, MO areas open, maintain seasonal staffing levels, IN THE HOUSE OF REPRESENTATIVES Address of Requesting Entity: 401 Jefferson and provide for general maintenance and Tuesday, July 14, 2009 Ave., West Plains, MO 65775 cleanliness of facilities. Raystown Lake has Mr. GARRETT of New Jersey. Madam Description of Request: $500,000 is pro- substantial economic impact in central Penn- Speaker, pursuant to the Republican Leader- vided for Downtown West Plains, Inc., a sylvania and yields a sustainable and justified ship standards on earmarks, I am submitting 501(c)(3) corporation, to complete the exterior investment. the following information regarding earmarks I and interior renovation of a 100 year old build- Project Name: Juniata Hybrid Locomotive received as part of H.R. 3183—Energy and ing which will house a Small Business Incu- Account: Department of Energy, EERE Water Development and Related Agencies Ap- bator. These funds will be matched with Legal Name of Requesting Entity: Pennsyl- $1,144,000 in local, state, and other federal vania State University propriations Act, 2010: 1. Project Name—Greenwood Lake Water- funds. The Ozarks Small Business Incubator, Address of Requesting Entity: 117 Old Main, when completed, will provide personalized as- University Park, PA 16802 shed Restoration, NY & NJ Requesting Mem- ber—SCOTT GARRETT sistance to small business entrepreneurs by Description of Request/Justification of Fed- supporting their efforts with business related eral Funding: Bill Number—H.R. 3183, Energy and Water Development and Related Agencies Appro- education, financial guidance, business plan $1,000,000 for Juniata Hybrid Locomotive development, mentoring, and access to tan- It is my understanding that funding for this priations Act, 2010 Account—Army Corps of Engineers, Gen- gible resources such as building space, ship- project would be used to assess and develop ping dock, and shared office equipment. technological alternatives to diesel locomotives eral Investigations Requesting Entity—Greenwood Lake Com- Requesting Member: JO ANN EMERSON and to develop a more energy efficient and Bill Number: H.R. 3170 mission, 26 Rocky Point Rd, P.O. Box 83, environmentally friendly locomotive for yard, Account: SBA—Salaries and Expenses local, and main line applications. Associated Hewitt, NJ 07421 Legal Name of Requesting Entity: Girl with this research effort is the development of Description of the Project—Funds will be Scouts of the USA, New York, NY the energy management and control tech- used to restore water quality and recreational Address of Requesting Entity: 420 Fifth Ave- nologies required to maximize the energy effi- opportunities to the lake by removing haz- nue, New York, NY 10018 ciency of hybrid locomotives. Converting the ardous debris. Description of Request: $101,000 is pro- existing fleet to new technologies would re- Description of the Spending Plan— vided to the Girl Scouts of the USA for a na- duce both emissions and our dependence on ($100,000) tional program to improve financial literacy. foreign oil. $100,000 is for the final removal of stumps These funds will allow for the research and This project is a valuable use to taxpayer and similar hazardous debris from the Green- development necessary to prepare the founda- funds because it fits the Department of Ener- wood Lake bottom. All preparatory work has tion for a financial educational program di- gy’s mission with a focus on developing more been done. rected towards girls. Total—$100,000 energy efficient and environmentally friendly f transportation technology that will enable f America to use less petroleum and reduce im- A TRIBUTE TO MAMIE NICHOLS EARMARK DECLARATION pacts on the environment. Protecting the environment and ensuring our national security HON. ROBERT A. BRADY through reduced dependence on foreign oil HON. JO ANN EMERSON OF PENNSYLVANIA are critical issues facing the federal govern- OF MISSOURI IN THE HOUSE OF REPRESENTATIVES ment. IN THE HOUSE OF REPRESENTATIVES Tuesday, July 14, 2009 Project Name: South Central Pennsylvania Tuesday, July 14, 2009 Environmental Improvement, PA Mr. BRADY of Pennsylvania. Madam Account: Corps of Engineers, Construction Mrs. EMERSON. Madam Speaker, pursuant Speaker, I rise to honor Mrs. Mamie Nichols, Legal Name of Requesting Entity: U.S. to the House Republican standards on ear- a pioneering activist and community organizer Army Corps of Engineers—Baltimore District marks, I am submitting the following informa- for more than 60 years, who died July 1 at the Address of Requesting Entity: 10 South tion in regards to H.R. 3170, the Fiscal Year age of 91. Born Mamie Melton in Norfolk, Vir- Howard Street, Baltimore, MD 2010 Financial Services and General Govern- ginia her family moved to Philadelphia and Description of Request/Justification of Fed- ment Appropriations bill: settled in the Point Breeze section of South eral Funding: Requesting Member: JO ANN EMERSON Philadelphia when she was a young child.

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17750 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 14, 2009 She grew up in Point Breeze and married with oversight for near East Asia; as a Special ing developments in the Southern part of the and raised her six children in Point Breeze. Assistant to the Assistant Secretary of Admin- country with the help of over $13 million from But her 88-block neighborhood had been istration, with a portfolio of Overseas Buildings the U.S. Department of Housing and Urban given a death sentence by officials in the Operations and as a Post Management Officer Development. Because of this, the Department Philadelphia Office of Housing and Community for the European Bureau with responsibility for named him ‘‘Entrepreneur of the Year’’ in Development. Mamie Nichols said she was the Russian Federation and Finland. 1984. told by city officials that Point Breeze could Mrs. Elizondo Herrera has traveled through- I ask my fellow colleagues to join me today not be saved from urban decay and the city out Russia, North Africa and the Arabian Gulf in remembering the life and work of Leonard was letting it die a natural death. while stationed in Washington. She has Briscoe, a community organizer, activist, and But Mamie Nichols fought back. Fueled with served as the Deputy Supervisory GSO at the entrepreneur, who helped so many people anger, pride, determination and charm, Mrs. U.S. Embassy in Rome and Administrative Of- across North Texas and the country. Nichols is credited with saving her neglected ficer at the U.S. Embassy in Mexico City. f community. She founded the Point Breeze She is a four time recipient of the Depart- Federation and she was a prime mover in the ment of State Superior Honor Award, and is ORLANDO TEA PARTY founding of the Childs Elementary School the recipient of a Meritorious Honor Award in Home and School Association. Her organiza- recognition of Non-Immigrant Visa work in HON. JOHN L. MICA tion established the Point Breeze Performing Guadalajara. OF FLORIDA Arts Center and transformed the long shut- Mrs. Elizondo Herrera is a member of Exec- IN THE HOUSE OF REPRESENTATIVES tered Landreth School into senior citizens utive Women in Government, the National As- Tuesday, July 14, 2009 apartments and a community center. She was sociation of Female Executives and an hon- also named to the Philadelphia Planning Com- orary member of the American Association for Mr. MICA. Madam Speaker, on March 21, mission and served as a member of the board Justice Women’s Auxiliary. She is the daugh- 2009, hundreds of Central Floridians gathered of Directors of the Pennsylvania Horticultural ter of John P. and Beatrice B. Elizondo of San in Orlando to express their grievances regard- Society, Philadelphia Green and the Philadel- Antonio, Texas, and is married to San Antonio ing the recent actions of their federal officials phia Urban Affairs Coalition. And, along her attorney, Frank Herrera, Jr. They have two in dramatically expanding our federal spend- journey she planted flowers in what was to be sons, Jorge and Javier. ing, federal deficit, and federal programs. As a the greening of Point Breeze. Today, I ask that my colleagues join me in Representative for Florida’s 7th Congressional Mamie Nichols is remembered with deep commemorating the dedication of Mrs. Cecilia District it is my honor to present their griev- love and respect by what Dr. Martin Luther Bridget Elizondo Herrera, who has served this ances and declaration. King, Jr. referred to as the beloved commu- nation with dignity, honor, respect and admira- ORLANDO TEA PARTY DECLARATION MARCH 21, 2009 nity. tion. ‘‘When in the course of human events it be- f f comes necessary for like minded patriotic Americans to rally as one against the powers HONORING CONSUL GENERAL AT HONORING THE LIFE AND WORK that threaten to alter, diminish and destroy this THE UNITED STATES CON- OF LEONARD E. BRISCOE, SR. country we love, proper respect for the opin- SULATE GENERAL IN MATA- ions of our fellow citizens requires that we MOROS, MEXICO, MRS. CECILIA HON. EDDIE BERNICE JOHNSON should clearly state the grievances that impel BRIDGET ELIZONDO HERRERA OF TEXAS us to gather at this great Orlando Tea Party to IN THE HOUSE OF REPRESENTATIVES protest peacefully, but passionately in the tradition of our forefathers whose Boston Tea HON. SOLOMON P. ORTIZ Tuesday, July 14, 2009 OF TEXAS Party resonated around the world. IN THE HOUSE OF REPRESENTATIVES Ms. EDDIE BERNICE JOHNSON of Texas. The history of the present government of Madam Speaker, I rise today in remembrance these United States is a history of repeated in- Tuesday, July 14, 2009 of Leonard Briscoe who passed away on juries and usurpations, all having the effect of Mr. ORTIZ. Madam Speaker, I rise today to Tuesday, June 16, 2009 at the age of 69. establishing an unacceptable tyranny over the recognize the dedication of Consul General at Mr. Briscoe was a trailblazer in the African citizens of these states. Let the facts be the United States Consulate General in Mata- American community in North Texas. In 1971, selfevident and speak for themselves, and let moros, Mexico, Mrs. Cecilia Bridget Elizondo he was elected to the Fort Worth City Council, these grievances be heard in the halls of Herrera, who leaves her post on the U.S-Mex- making him the second African American to power in 2009, just as they were heard in the ico border for a new task in Caracas, Ven- serve in this position. A few short years later, palace of King George III when they thun- ezuela. in 1976, he was elected to the Texas State dered forth from the text of the Declaration of Mrs. Elizondo Herrera is a native of San An- House of Representatives where he served Independence on July 4, 1776. tonio, Texas, and graduated from Incarnate during the 65th Legislature and chaired the BE it resolved on this 21st day of March in Word High School in 1973. She went on to Select Committee on Minority Business Enter- the year 2009 at the great Orlando Tea Party graduate from Our Lady of the Lake University prise. on the shore of Lake Eola in Orlando, FL, that where she received her bachelor of arts de- As a businessman, advocate, and engaged just as our forefathers at the Boston Tea Party gree in English and political science in 1977. citizen, Mr. Briscoe was acutely aware of the protested tyranny at the hands of the British Mrs. Elizondo Herrera went on to complete needs of the minority communities in North Crown, and taxation without representation, post-graduate work at St. Mary’s University in Texas. In a period of political turmoil, he en- we hereby raise our voices against the arro- 1978 and in 2006 earned a master of science couraged other African Americans to become gance and the ruinous policies of our own degree in national security strategy from the involved in the political process and was a government . . . a government that ignores National War College at Ft. McNair in Wash- leading advocate for affirmative action. He un- the will of ‘‘We the People’’ . . . a government ington, D.C. derstood the dire consequences of inadequate that drowns us in debt . . . a government that At a young age, Mrs. Elizondo Herrera housing for low-income families, and served forsakes the free enterprise system that had began her public service to this country when as Chairman of the Fort Worth Community driven the engine of the greatest economy on she worked for the Alamo Area Council of Development Council. Through this chairman- earth, in favor of a relentless march toward Governments, a regional planning agency in ship, he helped to develop the city’s first hous- socialism designed to subvert the work of the San Antonio, and in 1987 joined the Foreign ing program funded by the Housing of Urban individual and encourage intrusion of govern- Service as a junior officer in the Administrative Development Department under the Commu- ment into all aspects of our lives. Zone. She has served as a Vice Consul in nity Development Act of 1974. And so, let the word go forth from this time Guadalajara, Mexico, and Administrative Offi- After leaving the Texas State House of Rep- and place that we are proud, freedom loving cer and Post Security Officer in Melbourne, resentatives, Mr. Briscoe continued his work to Americans who cherish individual liberty, our Australia. She was then stationed in Wash- ensure that low-income people and minorities Constitution, and all this Nation has stood for ington, D.C., where she served as an Area had access to respectable and affordable over 233 years. We love our country and we Manager for the Office of Foreign Buildings housing. His business built over twenty hous- are here to take it back!

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17751 Let us hereby resolve that we have had The Complete and Permanent Property Tax the restoration and management of a viable enough of massive government driven bailouts Deduction Act will help millions of Americans ecosystem within the Walla Walla River Basin. using our money! To our elected leaders we who struggle with high property taxes. Making The project is a high priority for the local com- say, stop spending money we do not have! the property tax deduction permanent will es- munities and the agricultural sector because in This is not your money! This is our money, pecially benefit senior citizens, whose homes stream flows enable the start of salmon re- and we demand you stop this madness! We often are the major part of their wealth, and introduction and a strong agricultural econ- have had enough of so-called economic stim- young families struggling to cope with the omy. ulus plans that falsely promise we can spend costs of owning new homes. I respectfully Requesting Member: Congresswoman ourselves back to prosperity. urge my colleagues to help ensure all home- MCMORRIS RODGERS We have had enough of trillion dollar spend- owners can continue to take advantage of the Bill Number: H.R. 3183 ing schemes being passed without Congress property tax deduction by cosponsoring this Account: Science or ‘‘WE The People’’ Knowing what’s in them. legislation. Legal Name of Requesting Entity: Whitworth This is taxation without deliberation and we f University– will not tolerate it! We have bad enough of the Address of Requesting Entity: 300 West out of control government spending that is PERSONAL EXPLANATION Hawthorne Road; Spokane, WA 99201 mortgaging our future and threatening our very Description of Request: Provide $300,000 way of life! HON. KAY GRANGER for the purchase of state-of-the-art STEM We have had enough of both major parties OF TEXAS (Science, Technology, Engineering, and Math- being arrogant and unresponsive to the people IN THE HOUSE OF REPRESENTATIVES ematics) equipment. This equipment is nec- they were elected to serve. We have had essary to prepare the general population with Tuesday, July 14, 2009 enough of seeing money taken unfairly from the levels of mathematics and science edu- honest, hardworking Americans through ex- Ms. GRANGER. Madam Speaker, on rollcall cation necessary for the United States to com- cessive taxation and redistributed to people Nos. 492, 494, 495, 499, 500, 501, 502, 508, pete. who have not earned the money. We have 514, 515, 517, 518, 520, 521, 524, 525, & f had enough of capitalism being targeted as 529, I was absent from the House due to ill- the problem instead of the solution. ness. IN APPRECIATION OF THE LIFE’S And, we have had enough of government Had I been present, I would have voted WORK OF JOSEPH HOUGHTELING being called the solution, when government is ‘‘yes.’’ the problem! In every stage of these oppres- f HON. JACKIE SPEIER sions, we have petitioned for redress in the OF CALIFORNIA most humble terms. Our repeated petitions to EARMARK DECLARATION IN THE HOUSE OF REPRESENTATIVES our elected officials have been answered only by repeated injury, if in fact they have been HON. CATHY McMORRIS RODGERS Tuesday, July 14, 2009 answered at all. A government so arrogant OF WASHINGTON Ms. SPEIER. Madam Speaker, long before and unresponsive to its people is unfit to be IN THE HOUSE OF REPRESENTATIVES there was a ‘‘green’’ movement, even before the ruler of a free people. We therefore, the most Americans accepted words like ‘‘ecol- people of the United States of America, in Tuesday, July 14, 2009 ogy’’ and ‘‘environment’’ into their vocabulary, general congress assembled here, on the Mrs. MCMORRIS RODGERS. Madam Joe Houghteling was devoting his life to mak- shore of Lake Eola in Orlando, Florida, on this Speaker, pursuant to the House Republican ing our world a cleaner, better and more sus- 2lst day of March, in the year 2009, do, in the standards on earmarks, I am submitting the tainable place. I am sorry to say that, on June name, and by the authority of the good people following information regarding earmarks I re- 23, after 84 years on earth, the former chair- of this city and this Nation, solemnly publish ceived as part of H.R. 3183, FY2010 Energy man of the San Francisco Bay Conservation and declare that we are a free people, in this and Water Development and Related Agen- and Development Commission passed away, free and independent state, and we have the cies Appropriations Act leaving behind a greener landscape and more power and the right to demand that our gov- Requesting Member: Congresswoman educated citizenry. ernment cease serving its own interest, and MCMORRIS RODGERS Madam Speaker, Joseph Cannon whatever destructive political and ideological Bill Number: H.R. 3183 Houghteling’s life story reads like a history agendas it is pursuing, and become the gov- Account: Water and Related Resources textbook. The great-grandson and namesake ernment of the people, by the people, and for Legal Name of Requesting Entity: Columbia of Speaker of the House Joseph Cannon, Joe the people, to which we are entitled as Ameri- Basin Development League was born in San Francisco, but moved East cans. And this for the support of this declara- Address of Requesting Entity: 8582 Road K, with his family and played baseball with future tion, what a firm reliance on divine providence, SW; Royal City, WA 99357 president George H.W. Bush at Phillips Acad- we mutually pledge to each other our lives, Description of Request: Provide an addition emy in Andover, Massachusetts. our fortunes, and our sacred honor.’’ of $3,000,000 for expansion of Project infra- After his studies at Bates College and Col- Madam Speaker: Today, July 14th, I pre- structure to allow delivery of Project water to lege of the Holy Cross, he served in the sented this declaration on the steps of the eligible lands. The Project aims to avoid eco- United States Navy where he befriended fu- U.S. House and unfurled a scroll containing logical disaster by preserving the remaining ture congressman—and my political mentor— thousands of citizens’ signatures in support of groundwater supplies for other uses, maintain Leo J. Ryan. After his service, Joe received a this declaration. the existing production base, preserve jobs, Bachelor of Science degree from Yale Univer- f and provide long-term stability. The Federal sity and immediately returned home to the Bay INTRODUCING THE COMPLETE AND Reclamation Columbia Basin Development Area. PERMANENT PROPERTY TAX DE- Project has been the underlying driver for the Many Democratic leaders—and more than a DUCTION ACT OF 2009 economy of Central Washington. few Republicans—relied on Joe’s brilliance, Requesting Member: Congresswoman advice and counsel on land-use, environ- MCMORRIS RODGERS mental protection and other issues. He at- HON. RON PAUL Bill Number: H.R. 3183 tended the 1956 and 1960 Democratic Party OF TEXAS Account: Investigations conventions as a delegate for Adlai Stevenson IN THE HOUSE OF REPRESENTATIVES Legal Name of Requesting Entity: Confed- and John F. Kennedy, but also advised Re- Tuesday, July 14, 2009 erated Tribe of the Umatilla Indian Reservation publican Congressman Pete McCloskey, an Mr. PAUL. Madam Speaker, I rise to intro- Address of Requesting Entity: 73239 Con- ardent opponent of the Vietnam War. duce the Complete and Permanent Property federated Way; Pendleton, OR 97801 Governor Edmund G. ‘‘Pat’’ Brown ap- Tax Deduction Act of 2009. This bill makes Description of Request: Provide $203,000 pointed Joe to the State Park Commission in the property tax deduction, which is scheduled for the Walla Walla Watershed Project. The 1959 and the State Highway Commission in to expire this year, permanent and removes all Army Corp, in conjunction with the Confed- 1964. Even Governor Ronald Reagan—whom limitations on the deduction. erated Tribes of the Umatilla, is focusing on he opposed on many fronts—saw the value of

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17752 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 14, 2009 Joe’s service and appointed him to the Bay marks, I am submitting the following informa- additional relief wells; and $1,777,000 to com- Conservation and Development Commission tion regarding earmarks I received as part of plete design and begin contracting for the in 1971. Governor Jerry Brown then promoted H.R. 3170, the Financial Services and General completion of the remaining two pump sta- him to chairman during his administration. Government Appropriations Act, FY 2010: tions. This request is consistent with the in- While at BCDC, Mr. Houghteling was credited Requesting Member: Rep. ADAM PUTNAM tended and authorized purpose of the U.S. with helping save 89,000 acres of wetlands (FL–12) Army Corps of Engineers, Construction Gen- and wildlife habitat from development. Bill Number: H.R. 3170 eral Account. Many in Northern California know Joe Account: Small Business Account Project Name: Cape Girardeau (Floodwall), Houghteling’s name from the editorial page of Project Funding Amount: $100,000 MO their local newspaper. He published many Legal Name of Requesting Entity: Florida Bill Number: H.R. 3183 community newspapers in the Bay Area, Department of Citrus Account: Construction founded the Diablo Press and owned the Ne- Address of Requesting Entity: Post Office Legal Name of Requesting Entity: City of vada County Nugget. Box 148, Lakeland, FL 33802 Cape Girardeau But Madam Speaker, when I think of Joe Description of Request: In order for small Address of Requesting Entity: 401 Inde- Houghteling, his many accomplishments are business citrus operations, in my district and pendence Street, Cape Girardeau, MO 63703 not what initially come to mind. Rather, it is throughout Florida, to remain viable in an ever Description of Request: Provide an earmark Joe’s wry smile, razor-sharp wit and generous competitive marketplace and lessen their reli- of $183,000 to continue work on a flood dam- spirit. Joe was as quick with a compliment as ance on manual labor, an effective mechanical age reduction project conducted by the U.S. he was with a funny story and he never ran harvesting technology must be developed. For Army Corps of Engineers. The $183,000 will out of those. My thoughts are with the family this reason, funding is sought for the benefit of be used to complete the rehabilitation of the he adored: his daughters—Anne, Elizabeth citrus small business operators, directed to the floodwall. This request is consistent with the and Mary Houghteling; a grandson, three Florida Department of Citrus to continue com- intended and authorized purpose of the U.S. nieces, a nephew and most of all, his lovely pletion of the development of a mechanical Army Corps of Engineers, Construction Gen- wife, Judy, who recently told a reporter that harvesting abscission compound. Florida citrus eral Account. Joe used to joke about having his ashes operators have invested over $20 million to- Project Name: Clearwater Lake, MO (Seep- thrown upwind from a boat so that his remains ward this end, currently in the sixth year of a age Control) would blow back into the eyes of his mourn- seven-year process. Bill Number: H.R. 3183 ers, forcing them to shed a tear. f Account: Operations & Maintenance Madam Speaker, no one who knew Joe Legal Name of Requesting Entity: City of Houghteling needs help shedding a tear for EARMARK DECLARATION Piedmont the passing of this remarkable man. But, like Address of Requesting Entity: 115 West mine, I imagine their tears will be accom- HON. JO ANN EMERSON Green Street, Piedmont, MO 63957 panied by silly grins and fond memories of a OF MISSOURI Description of Request: Provide an earmark man who—without a doubt—leaves this world IN THE HOUSE OF REPRESENTATIVES of $40,000,000 for Clearwater Major Rehabili- tation Project to continue work on a flood con- in better shape than he found it. Tuesday, July 14, 2009 f trol project conducted by the U.S. Army Corps Mrs. EMERSON. Madam Speaker, pursuant of Engineers. The $40,000,000 will be used to EARMARK DECLARATION to the House Republican standards on ear- complete Phase I(b) construction and continue marks, I am submitting the following informa- Phase II to construct a cutoff wall. This re- HON. LOUIE GOHMERT tion in regard to H.R. 3183, the Fiscal Year quest is consistent with the intended and au- OF TEXAS 2010 Energy and Water Appropriations Bill. thorized purpose of the U.S. Army Corps of Project Name: Wappapello Lake, MO IN THE HOUSE OF REPRESENTATIVES Engineers, Construction General Account. Bill Number: H.R. 3183 Project Name: Mississippi River Levees, Tuesday, July 14, 2009 Account: MRT—Operations and Mainte- AR, IL, KY, LA, MS, MO & TN Mr. GOHMERT. Madam Speaker, pursuant nance Bill Number: H.R. 3183 to Republican Leadership standards, the fol- Legal Name of Requesting Entity: City of Account: MRT—Construction lowing information is submitted regarding fund- Poplar Bluff, Missouri Legal Name of Requesting Entity: Bootheel ing received in the first district of Texas as Address of Requesting Entity: 101 Oak St. Regional Planning and Economic Develop- part of H.R. 3183, the Energy and Water De- Poplar Bluff, Missouri 63901 ment Commission velopment and Related Agencies Appropria- Description of Request: Provide an earmark Address of Requesting Entity: 105 E. North tions Act, 2010. of $5,416,000 for Wappapello Lake, MO Main Street, Dexter, MO 63841 Cypress Valley Watershed Project. The Red MR&T Operations and Maintenance. This Description of Request: Provide an earmark River Valley Association, P.O. Box 709, funding is for routine operation and mainte- of $28,874,000 for Mississippi River Levees Shreveport, LA 71162, Corps of Engineers, In- nance, as well as work on U.S. Highway 67. (MR&T) to continue work on flood protection vestigations Account, $100,000 to resume the This request is consistent with the intended projects conducted by the U.S. Army Corps of Cypress Valley Watershed study. This project and authorized purpose of the U.S. Army Engineers. This request is consistent with the examines the current and projected water re- Corps of Engineers, MR&T Operations and intended and authorized purpose of the U.S. source needs of the Caddo Lake wetlands and Maintenance Account. Army Corps of Engineers, Mississippi River evaluates how Lake O’ the Pines reservoir Project Name: Bois Brule Drainage and and Tributaries, Construction Account. could be operated to potentially meet a broad- Levee District, MO Project Name: St. John’s Bayou and New er spectrum of water resources needs in one Bill Number: H.R. 3183 Madrid Floodway, Missouri of the Nation’s premier natural lakes which is Account: Construction Bill Number: H.R. 3183 rapidly disappearing because of non-native Legal Name of Requesting Entity: Bois Account: MRT—Construction invasive species. Brule Levee and Drainage District of Perry Legal Name of Requesting Entity: St. John’s f County, MO Levee and Drainage District of Missouri Address of Requesting Entity: P.O. Box 347, Address of Requesting Entity: P.O. Box 40, EARMARK DECLARATION Perryville, MO 63775 New Madrid, MO 63869 Description of Request: Provide an earmark Description of Request: Provide an earmark HON. ADAM H. PUTNAM of $3,773,000 to continue work on a flood of $200,000 for the St. John’s Bayou and New OF FLORIDA damage reduction and deficiency correction Madrid Floodway. This funding will be used to IN THE HOUSE OF REPRESENTATIVES project conducted by the U.S. Army Corps of conduct NEPA activities. This request is con- Engineers. Approximately, $400,000 to award sistent with the intended and authorized pur- Tuesday, July 14, 2009 a contract for the Missouri Chute pump sta- pose of the U.S. Army Corps of Engineers, Mr. PUTNAM. Madam Speaker, pursuant to tion; $420,000 to complete exploration and de- MR&T Construction Account. the Republican Leadership standards on ear- sign of relief wells; $1,176,000 to construct 25 Project Name: Clearwater Lake, Missouri

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17753 Bill Number: H.R. 3183 Engineers. Approximately $40,000 will be retary of the Air Force’s Legislative Liaison Of- Account: Operations and Maintenance used to dredge the harbor. This request is fice. Notably, Mike set benchmarks and was Legal Name of Requesting Entity: City of consistent with the intended and authorized recognized for high standards of performance Piedmont, Missouri purpose of the U.S. Army Corps of Engineers, and achievement at each of his assignments. Address of Requesting Entity: 115 West Operations and Maintenance Account. He retired from the Air Force in January 2003 Green Street, Piedmont, MO 63957 Project Name: Little River Diversion, finishing his military career at the rank of Colo- Description of Request: Provide an earmark Dutchtown, Missouri nel. of $2,933,000 for Operation and Maintenance Bill Number: H.R. 3183 I handpicked Mike as my Chief of Staff after of Clearwater Lake. This request is consistent Account: Section 205 meeting and working with him on several con- with the intended and authorized purpose of Legal Name of Requesting Entity: Little gressional delegation (CODEL) trips to inter- the U.S. Army Corps of Engineers, Operations River Drainage District national locations and to Alaska. Mike began and Maintenance Account. Address of Requesting Entity: P.O. Box 159 serving Alaska and Alaskans with the broad Project Name: St. Francis Basin, AR & MO Cape Girardeau, MO 63702 perspective he gained on those CODELs, and Bill Number: H.R. 3183 Description of Request: The Little River Di- immediately gained knowledge and expertise Account: MRT—Operations and Mainte- version project will be funded at the discretion that I would depend on throughout his 6 years nance of the U.S. Army Corps of Engineers, through on Capitol Hill. As Chief, Mike would serve Legal Name of Requesting Entity: The Little Section 205 funds. This request is consistent when the largest transportation bill in our na- River Drainage District with the intended and authorized purpose of tion’s history—SAFETEA–LU—was being for- Address of Requesting Entity: 1440 Kurre the U.S. Army Corps of Engineers, Section mulated and passed. He would travel on my Lane, Cape Girardeau, MO 63701 205 account. behalf throughout Alaska to ensure constituent Description of Request: Provide an earmark Project Name: Mississippi River Levees, issues were heard, investigated, and resolved of $6,243,000 for St. Francis River and Tribu- AR, IL, KY, LA, MS, MO & TN quickly. He managed a staff that was assigned taries, AR & MO Maintenance. This funding Bill Number: H.R. 3183 tough, Alaska-unique legislation, and coordi- will be used for land and damages, cultural re- Account: MRT-Operations and Maintenance nated congressional policy to make sure it sources, engineering, design, construction Legal Name of Requesting Entity: Bootheel served Alaska and national interests. As a re- management and operate and maintain two Regional Planning and Economic Develop- sult, my congressional office cemented and pumping stations. This request is consistent ment Commission grew its reputation for timely and effective with the intended and authorized purpose of Address of Requesting Entity: 105 E. North constituent services, and for authoring and co- the U.S. Army Corps of Engineers, MR&T Main Street, Dexter, MO 63841 ordinating relevant and meaningful legislation Maintenance Account. Description of Request: Provide an earmark serving the interests of the people of Alaska. Project Name: Caruthersville Harbor, Mis- of $8,011,000 for Mississippi River Levees Mike also received the distinction of being souri (MR&T) to continue work on flood protection selected and graduating as a Congressional Bill Number: H.R. 3183 projects conducted by the U.S. Army Corps of Stennis Fellow for the 110th Congress. He Account: Operations and Maintenance Engineers. This request is consistent with the was one of only 72 picked for this distin- Legal Name of Requesting Entity: Pemiscot intended and authorized purpose of the U.S. guished fellowship. He used relationships from County Port Authority Army Corps of Engineers, Mississippi River the fellowships he nurtured to help secure my Address of Requesting Entity: 619 Ward Av- and Tributaries, Operations and Maintenance legislative priorities for Alaska and our great enue, Caruthersville, MO 63830 Account. Nation. Description of Request: Provide an earmark f While Mike is moving on to a new career in of $40,000 for Caruthersville Harbor for annual the private sector, his impact and contribution maintenance of the navigation channel con- IN RECOGNITION OF MICHAEL G. to our work in Congress will continue. His ex- ducted by the U.S. Army Corps of Engineers. ANDERSON pertise in Alaska Native issues garnered great Approximately $40,000 is for dredging the har- respect for him, and will allow him to continue bor to authorized levels. This request is con- HON. DON YOUNG to serve that vital heart of Alaska’s culture and sistent with the intended and authorized pur- OF ALASKA heritage. We are grateful for his service to his pose of the U.S. Army Corps of Engineers, IN THE HOUSE OF REPRESENTATIVES Nation, to Congress, and to Alaska. More im- Operations and Maintenance Account. portantly, my wife Lu and I are most appre- Tuesday, July 14, 2009 Project Name: New Madrid Harbor, Missouri ciative of his loyalty and friendship. Mike and Bill Number: H.R. 3183 Mr. YOUNG of Alaska. Madam Speaker, his wife Rene have become dear friends, and Account: Operations and Maintenance today I wish to honor Michael G. Anderson— we wish them Godspeed and the very best as Legal Name of Requesting Entity: New Ma- a great American. Mike has devoted his life to they start their next career together. drid County Port Authority the service of our country for the past 38 f Address of Requesting Entity: 435 Main years. For the first 32 years, Mike served in Street, New Madrid, MO 63869 our United States Air Force. Most recently, EARMARK DECLARATION Description of Request: Provide an earmark Mike was the Chief of Staff of my congres- of $90,000 for the New Madrid County Harbor sional office, where he dedicated himself to HON. MIKE ROGERS for annual maintenance of the navigation working for the people of Alaska. After 6 years OF MICHIGAN channel conducted by the U.S. Army Corps of as my Chief, Mike retired and moved into the IN THE HOUSE OF REPRESENTATIVES Engineers. Approximately $90,000 is for private sector where he serves Alaska Natives Tuesday, July 14, 2009 dredging the harbor. This request is consistent in his new capacity as President of Wolf Creek Mr. ROGERS. of Michigan. Madam Speak- with the intended and authorized purpose of Fabrication Services, a subsidiary of Chugach er, pursuant to the House Republican stand- the U.S. Army Corps of Engineers, Operations Alaska Corporation. ards on earmarks, I am submitting the fol- and Maintenance Account. Born in Maui, Hawaii, Mike was appointed in lowing information regarding an earkmark I Project Name: New Madrid Harbor (Mile July 1971 to the United States Air Force Acad- have received as part of H.R. 3170, the Finan- 889), Missouri emy by Senator Hiram L. Fong. After grad- cial Services and General Government Appro- Bill Number: H.R. 3183 uating from the Academy in June 1975, he priations Act, 2010. Account: Operations and Maintenance launched a distinguished military career that Requesting Member: Congressman MIKE J. Legal Name of Requesting Entity: City of began as a combat aircrew member and in- ROGERS (MI 8) New Madrid, Missouri cluded operational and staff assignments in Bill Number: H.R. 3170 Address of Requesting Entity: P.O. Box 96, the B–52 and B–1B bombers. Additionally, Account: Small Business Administration, New Madrid, MO 63869 Mike served as an acquisition program man- Salaries and Expenses Account Description of Request: Provide an earmark ager and commanded two aircraft mainte- Legal Name of Requesting Entity: Cleary of $40,000 for the New Madrid Harbor Mile nance squadrons as well as a logistics group. University-Livingston County Campus 889 for annual maintenance of the navigation Mike concluded his military service at the Pen- Address of Requesting Entity: 3750 Cleary channel conducted by the U.S. Army Corps of tagon, where he was assigned to the Sec- Drive, Howell, MI 48843

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17754 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 14, 2009 Description of Request: Provide an earmark Account: U.S. Army Corps of Engineers HONORING THE SERVICE OF LIEU- of $100,000 to enhance student learning Legal Name of Requesting Entity: County of TENANT JAMIE C. FREDERICK through the use of multimedia materials at the Ventura OF THE UNITED STATES COAST Multi-media Center at the Livingston Campus. Address of Requesting Entity: 800 So. Vic- GUARD The center is designed to support self-directed toria Avenue, Ventura, CA 93009 learning outside the classroom. The develop- Description of Request: This request of HON. FRANK A. LoBIONDO $2,000,000 will be used by the U.S. Army ment of a multi-media center will help create OF NEW JERSEY jobs in Michigan and provide the state with a Corps of Engineers for the Santa Clara River IN THE HOUSE OF REPRESENTATIVES better educated workforce. Approximately Watershed Management Plan Feasibility $40,000 of the earmark will go toward hard- Study. Encompassing more than 1600 square Tuesday, July 14, 2009 ware, software, and multimedia equipment; miles, the Santa Clara River watershed is the Mr. LOBIONDO. Madam Speaker, I rise approximately, $25,000 will be used for phys- largest in Southern California and is divided today to recognize LT Jamie C. Frederick for ical improvements to the existing building; an- into two almost equal parts by the Los Ange- his service to the United States House of Rep- other, $25,000 will be used to hire and pay the les-Ventura County line. Since 1991, a group resentatives and for his fifteen years of service salaries of employees; $10,000 go toward in- of more than 26 stakeholders has been devel- to our country in the United States Coast frastructure and network improvements. oping the Santa Clara River Enhancement and Guard. f Management Plan (SCREMP) for the 100-year LT Jamie C. Frederick was assigned as EARMARK DECLARATION floodplain. Recognizing the continued pressure Congressional Liaison Officer to the House in of urbanization in both Los Angeles and Ven- the Office of Coast Guard Congressional and tura Counties that may affect the floodplain Governmental Affairs in July 2007. As Con- HON. ELTON GALLEGLY and environmental resources in the Santa gressional Liaison Officer, he worked directly OF CALIFORNIA Clara River Watershed, the Ventura County with the Coast Guard’s appropriations and au- IN THE HOUSE OF REPRESENTATIVES Watershed Protection District, Los Angeles thorizing committees to ensure the Service re- Tuesday, July 14, 2009 County, and the U.S. Army Corps of Engi- ceives the necessary resources and legislative Mr. GALLEGLY. Madam Speaker, pursuant neers agreed to cooperate in expanding the authorities to effectively execute its vital mis- to the House Republican standards on ear- SCREMP to complete a feasibility study for sions. Lieutenant Frederick served as the face marks, I am submitting the following informa- the Santa Clara River Watershed Protection of the Coast Guard here in the House and has tion regarding earmarks I received as part of Plan. This funding would go toward the U.S. sacrificed countless hours of time with his H.R. 3183, the Energy and Water Develop- Army Corps of Engineer’s 50% share of the family to respond to Congressional requests ment and Related Agencies Appropriations total project cost of $8.2 million. The bill pro- and to accompany Members and staff as we Act, 2010: vides $500,000 in funding for this project. travel to learn firsthand about Coast Guard Requesting Member: Rep. ELTON GALLEGLY f missions and policies in the field. Bill: H.R. 3183—Energy and Water Develop- In my roles as Chairman and Ranking Mem- ment and Related Agencies Appropriations EARMARK DECLARATION ber of the Coast Guard and Maritime Trans- Act, 2010 portation Subcommittee, my staff and I relied Account: Department of the Interior, Bureau HON. KEVIN BRADY on Lieutenant Frederick’s tremendous famili- of Reclamation OF TEXAS arity and understanding of the needs, as well Legal Name of Requesting Entity: Calleguas IN THE HOUSE OF REPRESENTATIVES as operational missions, roles and responsibil- Municipal Water District ities of the United States Coast Guard to con- Address of Requesting Entity: 2100 Olsen Tuesday, July 14, 2009 duct or oversight of the Service. Road, Thousand Oaks, CA 91360 Mr. BRADY of Texas. Madam Speaker, pur- Description of Request: This request is for suant to the Republican Leadership standards Lieutenant Frederick began his Coast Guard the Calleguas Municipal Water District Recy- on earmarks, I am submitting the following in- career after graduating from Dover High cling Plant, which will provide critical support formation regarding earmarks I received as School in Dover Plains, New York. Following to the mission of providing safe and reliable part of H.R. 3170—Energy and Water Devel- basic training in Cape May, New Jersey, he drinking water to the 600,000 people living in opment and Related Agencies Appropriations was assigned to the USCG Cutter BITTER- the Water District’s service area. Each year, Act, 2010. SWEET before he moved on to a three year the Calleguas Municipal Water District imports Requesting Member: Congressman KEVIN assignment at Coast Guard Station Two Riv- over 110,000 acre-feet of water through the BRADY, Texas 8th Congressional District ers, Wisconsin, where he served as a rescue California Water Project, and imports con- Bill Number: H.R. 3170—Energy and Water boat coxswain, engineer and federal law en- stitute 100 percent of Calleguas’ supply. The Development and Related Agencies Appro- forcement boarding officer. $6,000,000 requested through the Bureau of priations Act, 2010 In October 1999, he was one of only 30 en- Reclamation would provide the 25 percent fed- Project: Sam Rayburn Reservoir Operations listed members selected to attend Coast eral share to continue construction of a facility & Maintenance Guard Officer Candidate School at the United that will reclaim and reuse over 50,000 acre- Account: Operations and Maintenance, U.S. States Coast Guard Academy, New London, feet of water annually. This recycled resource Army Corps of Engineers Connecticut. Upon graduation in 2000, he re- will replace water that otherwise would have to Requesting Entity: U.S. Army Corps of Engi- ceived a commission as an ensign and was be imported, with the added benefit of ensur- neers, Fort Worth District assigned to Coast Guard Sector Key West, ing water supply in the case of delivery inter- Address of Requesting Entity: 819 Taylor Florida as an Operations Center Controller ruptions due to natural disasters or attacks on Street, Fort Worth, TX 76102 and Public Affairs Officer. While serving as the the imported water infrastructure. The funding This is the third year I’ve requested funding unit’s Public Affairs Officer he earned back-to- for this project, authorized by P.L. 104–266, to repair the Twin Dikes Park marine launch- back CDR Jim Simpson Awards for excellence section 2, will be used for development of a ing complex since its collapse due to Hurri- in media and public relations. pipeline system that would collect and convey cane Rita, erosion, and excessive wave ac- In 2002, he was selected to serve as the brackish groundwater and recycled water for tion. Unfortunately, the Corps has a backlog of Aide to then Coast Guard Chief of Staff, Admi- direct use, stretching local water supplies. The maintenance on some of the most widely used ral Thad W. Allen. Admiral Allen is currently Recycling Plant will facilitate the development recreational facilities at Lake Sam Rayburn. In serving as the twenty-third Commandant of of up to 50,000 acre-feet of water per year for addition to this project, I continue to support the U.S. Coast Guard. Lieutenant Frederick municipal and agricultural uses, thereby reduc- the U.S. Army Corps of Engineers annual re- was a key member of Admiral Allen’s staff ing the need to import water to the region from quest for funding to operate and maintain the during the Coast Guard’s transition to the De- Northern California. The bill provides $100,000 lakes, and other water resources of East and partment of Homeland Security. in funding for this project request. Southeast Texas. In 2004, Lieutenant Frederick was selected Requesting Member: Rep. ELTON GALLEGLY The $6,247,000 included in this bill will be to command Coast Guard Station Cape Dis- Bill: H.R. 3183—Energy and Water Develop- allocated to perform annual operations and appointment in Ilwaco, Washington. As the ment and Related Agencies Appropriations maintenance of the Sam Rayburn Dam and Commanding Officer, he was responsible for Act, 2010 Reservoir. operations and readiness of the largest

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 14, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17755 Search and Rescue and Law Enforcement TRIBUTE TO THOMAS W.L. KELLEY Rand’s words not only apply to the Apollo Station in the Pacific Northwest with 7,100 11 mission but to all of the work of the Na- square-miles of ocean, the treacherous Co- HON. CORRINE BROWN tional Aeronautics and Space Administration lumbia River Bar, and 42 nautical-miles of the OF FLORIDA (NASA). As a representative of the Gulf Coast lower Columbia River. During his tenure as IN THE HOUSE OF REPRESENTATIVES of Texas, which is home to many of NASA’s the Commanding Officer, the Station con- Tuesday, July 14, 2009 most significant triumphs, I have had the op- ducted over 800 search and rescue and 500 portunity to meet many NASA employees. I law enforcement cases. In 2006, he and his Ms. CORRINE BROWN of Florida. Madam have always been impressed by their profes- crew were awarded the Pacific Area Coast Speaker, this communication is forwarded on sionalism and dedication to their mission. Guard Foundation Award for Heroism for a behalf of the constituents of Congressional In conclusion, I urge my colleagues to join winter rescue of the 50-foot fishing vessel District Three and myself as we pay tribute to me in celebrating the fortieth anniversary of Catherine M. the life of Thomas W.L. Kelley. We are all the Apollo 11 mission to the moon by sup- Lieutenant Frederick was a finalist for the saddened that Thomas is gone so soon but porting H. Res. 607. joyful that he has gone to be with his Heav- Witherspoon Inspirational Leadership Award, f the highest leadership award in the USCG, in enly Father. On this occasion, we join with the imme- EARMARK DECLARATION 2005 and was recognized as an Honorable diate family and loved ones in saying farewell Mention in 2006. It should also be noted that and praising God for his life. Thomas W.L. Lieutenant Frederick’s military decorations in- HON. PETE OLSON Kelley’s tremendous character earned him the clude the Meritorious Service Medal, two OF TEXAS respect of his family, friends, and classmates Coast Guard Commendation Medals, the IN THE HOUSE OF REPRESENTATIVES at Juniata High School. As you experience this Coast Guard Achievement Medal and a vari- Tuesday, July 14, 2009 tremendous loss, please know that our ety of other personal, team and unit com- thoughts and prayers are with the entire Kelley Mr. OLSON. Madam Speaker, to provide mendations. Family, especially Thomas’ parents, Terry and open disclosure pursuant to Republican stand- Lieutenant Frederick was recently selected Angela, and Thomas’ siblings, Joey and ards on congressionally-directed funding, I am for promotion to Lieutenant Commander and Abbey. submitting the following information regarding will attend Johns Hopkins University for a I would also like to take this opportunity to funding that I support included in H.R. 3183, master’s degree in communications beginning extend my thoughts and prayers to Thomas the Energy and Water Appropriations Act, this fall. I know Lieutenant Frederick will excel W.L. Kelley’s uncle, Nick Martinelli, who works 2010. in his studies. The critical work he has done in my Washington, DC office. I know this loss Requesting Member: Congressman PETE in service to the Coast Guard and our nation was extremely difficult for Nick, so I want him OLSON is an example for all those that serve. I wish to know that his colleagues in Washington Bill Number: H.R. 3183, the Energy and the best to him and his wife Kimberly and his wish him the very best in the wake of Thomas Water Appropriations Act, 2010 children. Thank you, Lieutenant Frederick for a W.L. Kelley’s untimely passing. Account: O&M, Corps of Engineers job well done. We are happy to stand with everyone recog- Name of Recipient: Port of Houston Author- nizing Thomas W.L. Kelley’s life on Monday, ity f July 13 at Hoenstine Funeral Home in Address of Recipient: P.O. Box 2562, Hous- ton, TX 77252 EARMARK DECLARATION Lewistown, Pennsylvania. There is an empti- ness that only those who have lost a close rel- Description of Request: $15,603,000 in ative can understand. May the sympathy of funding would be used for operations and HON. KEVIN McCARTHY those who care make the sorrow of your heart maintenance of the Port of Houston. The Port OF CALIFORNIA less difficult to bear. Along with all residents of is the 7th largest container port in the United States and serves 50 million consumers within IN THE HOUSE OF REPRESENTATIVES Congressional District Three, I extend my best wishes to you and your family in these difficult a 500-mile radius. In 2007, the Port of Hous- Tuesday, July 14, 2009 times—and I hope you will never hesitate to ton provided $285 billion in economic value, Mr. MCCARTHY of California. Madam call on me or my staff if we may be of service $72 billion in personal income, and $16.2 bil- Speaker, pursuant to the Republican Leader- in the future. lion in Federal Taxes. It is also home to the second largest petrochemical complex in the ship guidelines on earmarks, I am submitting f the following information regarding earmarks I world and the largest refinery in the United requested that were included as part of H.R. H. RES. 607 WHICH COMMEMO- States. 3183, the Energy and Water Development Ap- RATES 40TH ANNIVERSARY OF Requesting Member: Congressman PETE propriations Act, 2010. APOLLO 11 MOON LANDING OLSON Bill Number: H.R. 3183, the Energy and Requesting Member: Congressman KEVIN Water Appropriations Act, 2010 MCCARTHY HON. RON PAUL Account: Construction, Corps of Engineers Bill Number: H.R. 3183 OF TEXAS IN THE HOUSE OF REPRESENTATIVES Recipient: Harris County Flood Control Dis- Account: Department of Energy, Energy Effi- trict ciency and Renewable Energy Tuesday, July 14, 2009 Address of Recipient: 9900 Northwest Free- Legal Name of Requesting Entity: California Mr. PAUL. Madam Speaker, I am pleased to way, Suite 220, Houston, TX 77092 Polytechnic State University, San Luis Obispo cosponsor H. Res. 607, which commemorates Description: $2,500,000 in funding for the Address of Requesting Entity: 1 Grand Ave- the fortieth anniversary of the Apollo 11 moon Clear Creek Flood Control Project. The project nue, San Luis Obispo, California 93407 landing. Apollo 11’s successful mission was on Clear Creek consists of 15.1 miles of chan- Description of Request: $250,000 was in- certainly a ‘‘giant leap for mankind,’’ that nel rectification and a 500 acre-foot in-line de- cluded for California Polytechnic State Univer- should be a source of pride for all Americans. tention from Dixie Farm Road to State High- sity Center, San Luis Obispo, to purchase stu- One of my favorite quotes regarding the way 288 and a 1,750 acre-foot detention dent training equipment and establish edu- moon landing was penned by philosopher Ayn basin. This project will provide lower flood cational outreach programs for the Center for Rand in 1969: ‘‘Think of what was required to risks to areas in the 22nd District of Texas. It Renewable Energy and Alternative Electric achieve that mission: think of the unpitying ef- is estimated the number of homes subject to Transportation Technologies (CREATT). This fort; the merciless discipline; the courage; the the 1% (100 year) flood would be reduced Center will serve as an alternative energy test- responsibility of relying on one’s judgment; the from 3,380 to 1,130. Flood Risk Management bed to develop, demonstrate, and validate days, nights and years of unswerving dedica- is in the national interest by reducing loss of new alternative energy technologies to reduce tion to a goal; the tension of the unbroken life, injury and property destruction and reduc- our dependence on foreign oil, reduce emis- maintenance of a full, clear mental focus; and ing the flooding risks to Harris, Galveston, and sion sources, and help the United States the honesty. It took the highest, sustained acts Brazoria Counties. achieve better energy efficiency and energy of virtue to create in reality what had only Requesting Member: Congressman PETE independence. been dreamt of for millennia.’’ OLSON

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17756 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 14, 2009 Bill Number: H.R. 3183, the Energy and Project Funding Amount: $1 million both for domestic and international trade, and Water Appropriations Act, 2010 Legal Name of Requesting Entity: The Uni- of importance to national commerce. As Flor- Account: Construction, Corps of Engineers versity of Florida ida’s largest cargo port, the Port of Tampa Name of Recipient: Port of Houston Author- Address of Requesting Entity: Institute for handles approximately 50 million tons of cargo ity Food and Agriculture Sciences, Post Office per year. The Port of Tampa is also the larg- Address of Recipient: P.O. Box 2562, Hous- Box 110180, Gainesville, FL 32611–0180 est economic engine in West Central Florida ton, TX 77252 Description of Request: Promotes the devel- and the nation’s 14th largest port in terms of Description of Request: $500,000 for addi- opment and production of bioenergy fuel short tons. tional construction by the U.S. Army Corps of sources to assist in the development of new TAMPA HARBOR CONSTRUCTION Engineers. In order to keep the Port of Hous- energy technologies and improve existing en- ton operating at full capacity, the Houston ergy efficiencies. The overall goal of this Requesting Member: Rep. ADAM PUTNAM Ship Channel must be maintained. The in- project is to decrease U.S. dependence on im- (FL–12) creased natural shoaling has placed greater ported energy through the creation of renew- Bill Number: H.R. 3183 pressure on the Port’s capacity to store and able fuel sources, and is coordinated by the Account: Corps of Engineers, Construction, manage dredge material and without increas- University of Florida’s Florida Center for Re- General—Planning, Engineering and Design ing capacity they will not be able to dredge the newable Chemicals and Fuel. Funding will aid Project Funding Amount: $500,000 in the development of renewable energy tech- channel. Without this necessary funding, Legal Name of Requesting Entity: Army nologies through the integration of cost-effec- dredged material capacity will be unavailable Corps of Engineers and material will be pumped longer distances tive research methods, the identification and increasing the cost of dredging for the same funding of near-term R&D opportunities ripe Address of Requesting Entity: Army Corps volume of material dredged the previous year. for advancement, and by the creation of novel of Engineers, 701 San Marco Blvd, Jackson- This request is for additional construction. renewable energy systems. ville, FL 32207. f TAMPA HARBOR OPERATIONS AND MAINTENANCE Description of Request: In January, 2008, Requesting Member: Rep. ADAM PUTNAM the Army Corps of Engineers completed the EARMARK DECLARATION (FL–12) draft General Reevaluation Report (GRR), Bill Number: H.R. 3183 which focuses on traffic congestion in the HON. ADAM H. PUTNAM Account: Corps of Engineers, Operations main Tampa Harbor channel, where extensive OF FLORIDA and Maintenance (O&M) delays occur due to lack of adequate channel IN THE HOUSE OF REPRESENTATIVES Project Funding Amount: $5,620,000 width. The Corps’ GRR found that the ship channel is too narrow to allow for safe two Tuesday, July 14, 2009 Legal Name of Requesting Entity: Army Corps of Engineers way vessel traffic due to the introduction of Mr. PUTNAM. Madam Speaker, pursuant to Address of Requesting Entity: Army Corps new longer and broader cruise ships. The im- the Republican Leadership standards on ear- of Engineers, 701 San Marco Blvd, Jackson- pacts associated with having a restriction of marks, I am submitting the following informa- ville, FL 32207. this nature include vessels waiting at berth or tion regarding earmarks I received as part of Description of Request: Army Corps of Engi- at the sea buoy while large cruise ships transit H.R. 3183, the FY 2010 Energy and Water neers, annual Operation and Maintenance the channel. The GRR concurs with the Appropriations Act: (O&M) funds are needed for periodic dredging Tampa Port Authority and the port community FL RENEWABLE ENERGY PROGRAM in the 70 miles of federal channels in the that the resulting congestion causes safety Requesting Member: Rep. ADAM PUTNAM Tampa Harbor. For FY 2010, the Army Corps’ hazards and economic inefficiencies, and rec- Bill Number: H.R. 3183 estimated capability is $5,620,000, to include ommended widening select portions of the Account: Department of Energy’s Energy Ef- various sections of the Tampa Harbor project, main channel. Therefore, $500,000 is re- ficiency and Renewable Energy, Biomass Ac- with an emphasis on the upper harbor. The quested to complete Planning, Engineering count Tampa Harbor is a major shipping channel and Design (PED).

VerDate Mar 15 2010 14:31 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0689 Sfmt 9920 E:\BR09\E14JY9.000 E14JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD