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

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

Vol. 156 WASHINGTON, WEDNESDAY, APRIL 14, 2010 No. 52 House of Representatives The House met at 10 a.m. and was lic for which it stands, one nation under God, the St. Thomas Christian College in called to order by the Speaker. indivisible, with liberty and justice for all. 2008. He has received numerous awards f f for his community service, which includes the Citizen of the Year award PRAYER MESSAGE FROM THE SENATE from the Mountain State Bar Associa- Bishop Fred T. Simms, Heart of God A message from the Senate by Ms. tion, Mountain State University’s Ministries, Beckley, West Virginia, of- Curtis, one of its clerks, announced School of Leadership and Professional fered the following prayer: that the Senate has passed a bill of the Development’s Living Leadership Father, bless, we pray You, the lead- following title in which the concur- award, and recognized by the Dr. Mar- ers of this Nation. Strengthen the rence of the House is requested: tin Luther King, Jr., Holiday Commis- courage of the Representatives in Con- S. 1749. An act to amend title 18, United sion of the State of West Virginia with gress—sincere men and women who States Code, to prohibit the possession or its ‘‘Sharing of Self’’ award. want to do right, if only they can be use of cell phones and similar wireless de- Bishop Simms, one of eight children sure what is right. Make it plain, Fa- vices by Federal prisoners. born to George Simms and Audrey ther. Release the same spirit of wisdom f Simms Totten, is married to Marilyn and unity that brought these 50 States Staples Simms, and the father of five together to form this great United WELCOMING BISHOP FRED T. SIMMS daughters and 11 grandchildren. His States of America to fall fresh on this greatest strength perhaps may be his great governing body as they make de- The SPEAKER. Without objection, humbleness of heart and his ability to cisions affecting over 300 million Amer- the gentleman from West Virginia (Mr. become less, so that God gets all the icans. RAHALL) is recognized for 1 minute. glory. He teaches his congregation by Father, at this time we join our There was no objection. example, as he lives what he preaches. hearts, minds, and spirits for our fellow Mr. RAHALL. Madam Speaker, it is Bishop Simms’ two mottos are, ‘‘It’s miners and families in West Virginia my pleasure to welcome to the House not about Fred T., but about God,’’ and who have suffered great loss in the of Representatives our guest chaplain ‘‘Come on, let’s have church.’’ midst of tragedy. Out of the depths of today, Bishop Fred T. Simms, D.D., Madam Speaker, I am pleased to our present grief and helplessness we pastor and founder of the Heart of God honor Bishop Fred Simms today, and cry unto Thee, praying that Thou will Ministries in my hometown of Beckley, proud that he gave our invocation. draw near unto us, and let the light of West Virginia. Thy countenance shine upon us during It is an honor to have such a distin- f this dark hour of time. In Jesus’ name, guished West Virginian here with us amen. today, and it is particularly fitting to ANNOUNCEMENT BY THE SPEAKER f have Bishop Simms join us in offering PRO TEMPORE THE JOURNAL the morning prayer on behalf of our Congress and our Nation on this som- The SPEAKER pro tempore (Mr. The SPEAKER. The Chair has exam- ber day. Today we will act on a con- JACKSON of Illinois). The Chair will re- ined the Journal of the last day’s pro- gressional resolution honoring the cou- mind all persons in the gallery that ceedings and announces to the House rageous miners who lost their lives in they are here as guests of the House her approval thereof. the tragic explosion at the Upper Big and that any manifestation of approval Pursuant to clause 1, rule I, the Jour- or disapproval of proceedings or other nal stands approved. Branch Mine and recognize the heroic actions of the rescue teams who also audible conversation is in violation of f risked life and limb to search for the the rules of the House. PLEDGE OF ALLEGIANCE missing miners. f The SPEAKER. Will the gentleman Bishop Simms was called to the min- from Alabama (Mr. GRIFFITH) come for- istry and preached his first message in ANNOUNCEMENT BY THE SPEAKER ward and lead the House in the Pledge December, 1977. Since that time, PRO TEMPORE of Allegiance. Bishop Simms has continued his Bib- Mr. GRIFFITH led the Pledge of Alle- lical studies through Aenon Bible Col- The SPEAKER pro tempore (Mr. giance as follows: lege and the Institute of Biblical Stud- JACKSON of Illinois). The Chair will en- I pledge allegiance to the Flag of the ies in Lynchburg, Virginia. He received tertain up to 15 further 1-minute re- United States of America, and to the Repub- his doctorate of divinity degree from quests from each side of the aisle.

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

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VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2508 CONGRESSIONAL RECORD — HOUSE April 14, 2010 TAX DAY TAX BREAKS Crime Victims’ Rights Week, which oc- percent, as happened during the Bush (Mrs. DAHLKEMPER asked and was curs from April 18 to April 24. As administration. given permission to address the House founders and co-chairs of the Congres- President Obama stood at the podium for 1 minute and to revise and extend sional Victims’ Rights Caucus, Con- behind me in his State of the Union ad- her remarks.) gressman Ted Poe and I this evening dress and said, ‘‘Now let me repeat, we Ms. DAHLKEMPER. Mr. Speaker, are hosting the annual Victims’ Rights cut taxes. We cut taxes for 95 percent Tax Day is tomorrow, and thanks to Caucus Awards ceremony, honoring six of working families. We cut taxes for small businesses. We cut taxes for first- the American Recovery and Reinvest- individuals from around the country time homebuyers. We cut taxes for par- ment Act middle class families in west- for their outstanding accomplishments ents trying to care for their children. ern Pennsylvania and throughout the in the field of victims services and vic- We cut taxes for 8 million Americans country are seeing big tax returns this tim advocacy. paying for college. We put $300 billion year. The Recovery Act provided tax National Crime Victims’ Rights Week helps us all to celebrate and ac- worth of tax cuts into people’s pockets cuts for 99 percent of working Penn- so there was demand and businesses sylvanians and resulted in a 10 percent knowledge the victim service providers and the criminal justice professionals had customers.’’ I am proud to have increase in the average tax refund this supported the President in these meas- year. That’s a big help to families in who every day provide critical assistance to the victims of crimes. They do ures. my district who are working hard to A third of the stimulus package, the it on a 24–7 basis. pay their bills. ARRA, was tax cuts. It is something Crime victims are our sons, daugh- The Recovery Act extended the the American people don’t realize be- ters, brothers, sisters, parents, and our earned income tax credit, the child tax cause of the false rhetoric that has friends. They are struggling to survive credit, and college tax credits for fami- been spread throughout this country. I in the aftermath of a crime, and they lies and students. First-time home- appreciate the work of this Congress deserve services and support to help buyers benefit from a tax credit of up and President Obama, and I thank him them cope. to $8,000, and businesses can write off for his leadership. new equipment purchases and increase f f bonus depreciation. Americans are sav- SUPPORT FOR NASA ing an estimated $222 billion in taxes NEWSWEEK SHOULD REPORT this year thanks to the Recovery Act. (Mr. GRIFFITH asked and was given FACTS ON ECONOMY I am proud that through the work we permission to address the House for 1 (Mr. SMITH of Texas asked and was have been doing here in Congress we minute.) given permission to address the House have lowered the tax burden for my Mr. GRIFFITH. Mr. Speaker, it is no for 1 minute and to revise and extend hardworking constituents. coincidence that we have the most ad- his remarks.) vanced manned space flight program on f Mr. SMITH of Texas. Mr. Speaker, to earth, attracting and inspiring the my left is the Media Fairness Caucus’ AND THE BORDER WAR GOES ON world’s greatest minds. Our space pro- Newsweek Wall of Shame, a collection (Mr. POE of Texas asked and was gram is a matter of great national of the magazine’s very biased cover ar- given permission to address the House pride and of great national security im- ticles. Previous covers have featured for 1 minute.) portance. Vice President Al Gore with the cap- Mr. POE of Texas. Mr. Speaker, the We are profoundly disappointed in tion, ‘‘The Thinking Man’s Thinking violence at our southern border with the lack of vision coming from the ad- Man’’; President Obama with the cap- Mexico has escalated, resulting in mur- ministration, sending a message to our tion, ‘‘Yes, He Can’’; and Vice Presi- ders, kidnappings, old west shootouts, scientific community that indicates a dent JOE BIDEN, ‘‘A Vice President to Mexican military helicopter intrusions lack of understanding and commit- be Reckoned With.’’ This week’s cover into the U.S., and criminal cartels ment. This matter goes to the very es- reads, ‘‘America’s Back! The Remark- cloning Border Patrol vehicles to sence of what makes America the able Tale of our Economic Turn- smuggle the drugs. greatest country on earth. around’’. An Arizona rancher was murdered at Lowering expectations for manned Apparently Newsweek hasn’t heard the border recently on his ranch. A space flight is not compatible with the that the unemployment rate remains California border agent was assas- culture of America. Dr. Holdren’s re- close to 10 percent, with 16 million sinated just a few months ago. In El cent statement that we can’t expect to Americans unemployed, that personal Paso, Texas, our Border Patrol agents be number one in everything indefi- income has fallen over 3 percent since are being targeted by the Azteca hit nitely is shockingly, shockingly President Obama took office, and that men. These outlaws protect shipments uninspiring. However, if we do not the President’s budget doubles the na- of dope for the Juarez drug cartel. strive to maintain our primacy in tional debt in 5 years and triples it in Now these Mexican criminal cartels manned space flight, we will be well on 10. have put a $250,000 bounty on our Bor- our way to mediocrity. The only way to bring America back der Patrol agents. In response, our Bor- I and the entire NASA Caucus will do is to reverse the administration’s poli- der Patrol agents have been told to everything in our power to fund Con- cies of higher taxes, runaway spending, wear bulletproof vests. Why do we wait stellation with a budget that is re- government takeovers, and record for more tragedy before more boots are spectful of the investments we have debt. Newsweek should report the facts put on the ground? Our law enforce- made in our space program. on the economy, not provide free and ment agents need help. Doesn’t Wash- f false advertising for the Obama administration. ington know that the border has be- RECENT TAX CUTS come a violent war zone? National f (Mr. COHEN asked and was given per- Guard troops should be deployed to the b 1015 border immediately to protect us from mission to address the House for 1 the narcoterrorists. minute and to revise and extend his re- CANCELING THE CONSTELLATION And that’s just the way it is. marks.) PROGRAM f Mr. COHEN. Mr. Speaker, today is (Mr. GENE GREEN of Texas asked Tax Day, of course, and that is some- and was given permission to address CEREMONY HONORING VICTIMS what of a dreaded day in many people’s the House for 1 minute and to revise RIGHTS WEEK minds. But the fact is in the past year and extend his remarks.) (Mr. COSTA asked and was given per- we have had more tax cuts than almost Mr. GENE GREEN of Texas. Mr. mission to address the House for 1 any time in our Nation’s history. But Speaker, I rise today in strong opposi- minute and to revise and extend his re- with President Obama and this Con- tion to the President’s budget proposal marks.) gress, they have been directed to the to cancel our human space flight pro- Mr. COSTA. Mr. Speaker, I rise today lower working class people, the lower gram. It’s under the Constellation Pro- to discuss the importance of National income people, and not the top 2 or 3 gram, which was authorized both by

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2509 Democrat and Republican Congresses focused only on the wealthy, these tax Since tomorrow is Tax Day, I wanted respectively, that NASA is currently cuts are broad based and touch many my constituents to know one of the developing new launch vehicles capable aspects of American life, from invest- reasons our economy is getting strong- of traveling to the moon, Mars, and ing in a small business, to buying a er is record tax cuts in the stimulus for other destinations. home or making it energy efficient, to middle-class families. Ninety-five per- Not only does canceling the Con- sending your children to college, to cent of workers are receiving the Mak- stellation Program jeopardize Amer- buying a car. These tax cuts are helping Work Pay tax credit of up to $400 ica’s leadership role in human space ing families and businesses across the per worker, $800 per family. Expansion exploration, but it will have a detri- country and injecting consumer de- of the child tax credit has helped fami- mental effect on our economy, pro- mand in the economy and spurring lies of more than 16 million children. jecting job losses of 30,000 nationally. business activity, investments, and job Four million more students are attend- Given our current economic down- creation. ing college as a result of the new $2,500 turn, we can’t take the possibility of All told, Congress has enacted over tax credit; and tax credits and deduc- losing these jobs lightly. Our govern- $800 billion in tax cuts, including tax tions are helping families stimulate ment has already invested literally cuts hitting 95 percent of American the economy through purchases of years and billions of dollars in this pro- families in the Recovery Act. Building homes, cars, trucks, and mobile homes. gram. We should build on these invest- on the Recovery Act’s 25 tax cuts, we As families file their taxes and get ments and not abandon them, espe- have enacted job-creating tax incen- their refunds, I want them to under- cially considering the private sector tives to spur hiring for out-of-work stand that these benefits didn’t happen will not be able to build a better, fast- Americans, strengthening small busi- by accident. They were the result of a er, cheaper rocket before the Constella- ness and tax credits, accelerating strategy that I supported and Demo- tion Program is slated to be finished write-offs to help grow this economy crats supported, cutting taxes for mid- because the technologies NASA pro- out of this deep economic hole. dle-class families. posed to use do not exist yet, nor has f f any destination been chosen. SUPPORTING FUNDING FOR THE TAXES Constellation is our only hope to CONSTELLATION PROGRAM close the current 5-year gap in U.S. ac- (Mr. SMITH of Nebraska asked and (Mr. ADERHOLT asked and was cess to space, and I encourage my col- was given permission to address the given permission to address the House leagues to join me in opposition to the House for 1 minute and to revise and for 1 minute and to revise and extend proposal to close Constellation. extend his remarks.) his remarks.) Mr. SMITH of Nebraska. Mr. Speak- f Mr. ADERHOLT. Mr. Speaker, since er, tomorrow is Tax Day, a deadline the President announced his budget on COMMENDING MEDCAMPS dreaded by millions of Americans cur- February 1, disapproval of a plan to (Mr. FLEMING asked and was given rently finishing up their tax returns. drastically change the current NASA permission to address the House for 1 Congress owes it to the American human space exploration mission has minute.) taxpayer to act in a fiscally responsible been almost unanimous on both sides Mr. FLEMING. Mr. Speaker, I rise way. Unfortunately, this Congress has of the aisle. The President proposes to today to commend MedCamps for 23 not lived up to this burden. At a time add $6 billion to NASA’s budget for the years of outstanding service in the when 15 million American remain un- next 5 years, but over those first 4 State of Louisiana. employed and many more are strug- years the exploration account de- Founded in 1987, MedCamps of Lou- creases by $5.7 billion. gling to make ends meet, this adminis- isiana provides a summer camp experi- Human space flight and exploration tration and Democratic Congress con- ence to children with physical and beyond Earth is the very reason that tinue to push through measures which mental disabilities such as spina bifida, NASA was put into existence. The increase taxes and add to government cerebral palsy, autism, and epilepsy. President’s plan moves funds to spending, which is already out of con- Each week, free of charge, children unproven proposals and costs the gov- trol. Strong-arm tactics and economic come from across Louisiana to partici- ernment $2.5 billion to shut down the sleight of hand should not be used to pate in a week-long, fun-filled camping Constellation Program. Ares I and Ares jam through legislation which will im- experience at Camp Alabama in my V overlap technologies, and there is pact the life of every American. district. Children participate in activi- zero budget proof that the administra- The solution is not taking more ties such as fishing, arts, crafts, nature tion’s new plan will give us those capa- money from the American people. The hikes, canoeing, and many others. As a bilities with less money. answer is fiscal discipline in Wash- family physician for over 30 years, I The innovative scientists and em- ington and tax relief for working know firsthand the important role that ployees at the Marshall Space Flight Americans. We can’t tax and spend our organizations such as MedCamps play Center in Huntsville, Alabama, have way back to a growing economy, and in the lives of children with disabil- done a great job in leading space tech- we owe the American taxpayer better. ities. nology in the world. f I congratulate MedCamps on their Mr. Speaker, when the President POLISH PLANE CRASH outstanding service to our State and speaks tomorrow at the Kennedy Space wish them all the best as they continue Center, both Democrat and Republican (Ms. SCHAKOWSKY asked and was to serve the children of Louisiana. Members hope that he will make a given permission to address the House f commitment to properly fund the Con- for 1 minute and to revise and extend stellation Program. her remarks.) FEDERAL TAXES Ms. SCHAKOWSKY. Mr. Speaker, I f (Mr. CARNAHAN asked and was rise this morning to express my sincere given permission to address the House AMERICAN RECOVERY AND condolences to the people of Poland as for 1 minute and to revise and extend REINVESTMENT ACT they mourn the death of President his remarks.) (Mr. SCHAUER asked and was given Lech Kaczynski and his wife, Maria, Mr. CARNAHAN. Mr. Speaker, Fed- permission to address the House for 1 and to the families and friends of the eral taxes are very considerably lower minute and to revise and extend his re- other 94 men and women who lost their by every measure since Obama became marks.) lives in Saturday’s airplane crash near President. That’s a quote from Presi- Mr. SCHAUER. Mr. Speaker, while Russia’s Katyn Forest. dent Reagan’s domestic policy adviser, many are quick to criticize the Amer- Chicago is the second largest Polish Bruce Bartlett. ican Recovery and Reinvestment Act, city in the world, second only to War- Congress and the President have en- the truth is that last month our econ- saw, and among those killed was acted an array of tax cuts which are omy created 162,000 jobs. But, of Wojciech Seweryn, a Chicago sculptor crucial for efforts to turn the economy course, we have got a long way to go to who emigrated from Poland over three around. Instead of a return to tax cuts get everyone back to work. decades ago. Seweryn’s father was one

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2510 CONGRESSIONAL RECORD — HOUSE April 14, 2010 of over 20,000 Poles killed in the Soviet pleasure with the health care bill and unlawful Internet Gambling Enforce- Union in the Katyn Forest in 1940. He to inform their employees and stock- ment Act of 2006, to provide the nec- was traveling with the Polish Presi- holders of the consequences of that essary tools and mechanisms to effec- dent to mark the 70th anniversary of piece of legislation. He has opened an tively enforce the law. the massacre. investigation into those companies, This year, Americans will send bil- I join with Chicago’s vibrant Polish and we have a hearing next week. lions of dollars to offshore, unregu- American community and with Po- Two days ago, Chairman WAXMAN lated, online casinos. The Justice De- land’s friends around the world in sent a letter to the American Farm Bu- partment has warned that many of mourning the loss of the 96 men and reau, opening an investigation into these sites are fronts for money laun- women who lost their lives on Satur- their activities expressing their dis- dering, drug trafficking, and even terday. pleasure with the EPA endangerment rorist financing. f finding and the pending cap and trade At its core, the law is about pro- legislation in the United States Sen- tecting American families from addic- CONSTELLATION FISCAL YEAR 2011 ate. tion, bankruptcy, and crime. All you BUDGET PROPOSAL Mr. Speaker, I am very concerned need is a computer, a credit card, and (Mr. CAO asked and was given per- when one of the premier committee Internet access, and with that, players mission to address the House for 1 chairmen of our great House of Rep- are able to play 24 hours a day from the minute and to revise and extend his re- resentatives appears to be using his privacy of their homes. Real lives, in- marks.) power to intimidate Americans from cluding those of minor children, are Mr. CAO. Mr. Speaker, I am dis- expressing their First Amendment being affected by illegal online gam- appointed that the President’s budget rights to petition the Congress for re- bling, and it’s time that this adminis- proposal for fiscal year 2011 rec- dress of grievances. I think that’s a sad tration enforce the law on this issue. ommends canceling NASA’s Constella- state of affairs, and I think that is f something that maybe should be inves- tion Space Program. In agreement with TAX CUT FOR AMERICA AND THE tigated. Neil Armstrong, I am very concerned ECONOMIC RECOVERY ACT this proposal will leave our Nation f with no means of transporting our as- (Mr. PAYNE asked and was given TAX RELIEF FOR MIDDLE-CLASS tronauts to and from the International permission to address the House for 1 FAMILIES Space Station and could set the U.S. minute and to revise and extend his re- space program back decades. (Ms. TITUS asked and was given per- marks.) To this day, we enjoy countless prac- mission to address the House for 1 Mr. PAYNE. Mr. Speaker, today I tical benefits from Apollo technology minute and to revise and extend her recommend my colleagues and President in things that affect our everyday marks.) Obama for working diligently to enact lives, such as improved weather fore- Ms. TITUS. Mr. Speaker, since com- a variety of tax cuts totaling $800 bil- casting, which is vitally important to ing to Congress, I have kept my prom- lion. These tax cuts are broad based those of us who live in Louisiana and ise to provide tax relief to middle-class and touch on many aspects of Amer- on the gulf coast. families and small businesses in my ican life, from investing in small busi- The Michoud Assembly Facility in district; and I am proud to report that nesses, to buying a home, to sending my district was slated to build compo- on Tax Day millions of Americans will your children to college, to buying a nents of the Constellation Program. pay less in taxes and keep more of car. Michoud now faces the prospect of los- their hard-earned money in their own I believe that tax cuts are helping ing thousands of high-skilled jobs. This pockets, where it belongs. American families and businesses world-class manufacturing facility has In the past year, Congress has en- across the country and injecting con- been used to build the Saturn rockets acted over $800 billion in tax cuts, in- sumer demand into the economy and for Apollo and the main fuel tanks for cluding the largest package of tax cuts spurring business investment and job the Space Shuttle, among other nota- in history in the Recovery Act, leading creation. The Recovery Act provides imme- ble achievements. If the President’s Reagan’s adviser Bruce Bartlett to say diate tax relief to 95 percent of Amer- proposal is adopted, we will lose all that Federal taxes are very consider- ican workers and their families. The that experience and manufacturing ably lower by every measure since Making Work Pay tax credit provides a know-how, along with 9 billion tax dol- Obama became President. tax credit of up to $400 for working in- lars already spent developing the Con- A recent report by Citizens for Tax dividuals and up to $800 for couples fil- stellation Program. Justice has found that, for 2009, 98 percent of working families and individ- ing jointly. This tax credit helps over f uals in Nevada benefited from at least 240,000 families in my congressional ANNOUNCEMENT BY THE SPEAKER one of the tax cuts in the Recovery district. PRO TEMPORE Act, saving an average of $841. For In addition, the first-time home buyers tax credit was increased to $8,000. The SPEAKER pro tempore. The folks in my district struggling to make ends meet, $841 could be a mortgage An estimated 35,000 households in New Chair would ask Members to please Jersey have taken advantage of the tax heed the gavel. payment that helps them avoid fore- closure and could make a real dif- credit. So I ask to keep America mov- f ference in their lives. ing in the right direction. f AMERICANS AND THEIR FIRST f AMENDMENT RIGHTS FUNDING THE CONSTELLATION b 1030 (Mr. BARTON of Texas asked and PROGRAM was given permission to address the INTERNET GAMBLING (Mr. BISHOP of Utah asked and was House for 1 minute.) (Mr. PITTS asked and was given per- given permission to address the House Mr. BARTON of Texas. Mr. Speaker, mission to address the House for 1 for 1 minute.) the First Amendment gives the Amer- minute and to revise and extend his re- Mr. BISHOP of Utah. Mr. Speaker, ican people the right to petition the marks.) tomorrow the President moves to Flor- Congress for redress of grievances and Mr. PITTS. Mr. Speaker, every day, ida to salvage or to attempt to salvage to express freedom of speech. dozens of Web sites entice Web surfers a deteriorating political situation Several weeks ago, the chairman of to bet online with free software offers. caused by accepting NASA Deputy Di- the committee that I serve as a rank- Online poker sites advertise openly on rector Garver’s poor decision to cancel ing member on, Energy and Commerce, TV. Stores carry books on how to get Constellation. Chairman HENRY WAXMAN, sent a letter rich by gambling online. The only Constellation consists at least of two to several U.S. corporations for having problem is that online gambling is ille- parts: the Orion capsule for the astro- the temerity to express their dis- gal. That is why Congress passed the nauts designed to be 10 times safer

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2511 than the space shuttle, and the Aries lence based on the rigorous 37 criteria Now, the Republicans are com- rocket to send into space. But the al- established by the National Forum to plaining about everything under the leged savings are more than offset by Accelerate Middle-Grades Reform. sun, but they’re not complaining about unintended consequences, because the They must be academically excellent, those tax cuts because they know industrial base that builds the rocket developmentally responsive, and so- they’re real, whether it’s earned in- to put people towards the moon also cially equitable. come tax credits, college tax credits, builds the rockets to shoot down in- The school is one of 15 in the State accelerated depreciation for small busi- coming missiles from North Korea, and only 200 nationally ever to be hon- nesses, net operating loss Iran, and other bad guys. And if you ored as a School to Watch. It is the carryforwards all across the board. To take the space component away, the first school in the State to receive a re- this point, in Colorado, the average defense side costs doubles, triples, designation for 2010 to 2013, and it first Coloradan receives $1,096 in tax cuts maybe even more. And the Augustine achieved the honor in 2007. this year above what they got before. report, which this administration is The National Forum looks at these That’s to get this country back on not following, noted this potential in- schools as part of the effort to identify track, not leave it in a financial dis- dustrial-based problem, but NASA ei- and learn from high-performing middle aster, as President Bush did. ther refused to pay attention or chose schools, and to have the Schools to We are moving in a new direction, to ignore the warning. Watch serve as resources for other and tax cuts are some of the things Regardless, the solution to escalating schools. There are 18 States partici- we’re using to get this country back on defense costs and to maintaining the pating in the program. track. To achieve this award, high-per- dominance in space will be dependent f upon fully funding the Constellation forming schools establish norms, structures, and organizational arrangements DON’T RETREAT FROM THE SPACE program. And, Mr. President, anything to support and sustain their path to- RACE less than that is totally unacceptable. wards excellence. They have a sense of f (Mr. SCALISE asked and was given purpose that drives every facet of prac- permission to address the House for 1 ALICE IN WONDERLAND tice and decisionmaking. minute and to revise and extend his re- (Mr. YARMUTH asked and was given And I want to congratulate Principal marks.) permission to address the House for 1 Mike Newman and the teachers, stu- Mr. SCALISE. Mr. Speaker, Presi- minute.) dents, personnel, and parents that are dent Obama will be speaking this week Mr. YARMUTH. Mr. Speaker, ‘‘Alice responsible for this fine school. at the Kennedy Space Center. And in Wonderland’’ is in American thea- f while the President’s budget cancels ters now, but not even my fellow Ken- LET’S PUT EVERY OPTION ON THE the Constellation program, it also jeop- tuckian Johnny Depp could argue that TABLE FOR BORDER SAFETY ardizes NASA’s Michoud facility, which down is up when we’re talking about (Mrs. KIRKPATRICK of Arizona is the premiere manufacturing facility Federal taxes. asked and was given permission to ad- with the unique capabilities and As you’ve heard this morning, even dress the House for 1 minute.) skilled workforce that can’t just be re- President Reagan’s domestic policy ad- Mrs. KIRKPATRICK of Arizona. Mr. built again once it’s wound down. viser has said that taxes are consider- Speaker, I just returned from a trip to The United States should not retreat ably lower by every measure since Arizona’s border, and I thank the men from the space race. It not only threat- President Obama became President. and women at Customs and Border Pro- ens our national security, but it also This Congress has done an incredible tection for allowing me an inside look makes us beholden to foreign coun- job in lowering taxes for the American into their operations. tries. In fact, just last week a Japanese people. This year, the average refund One the most striking things I saw is newspaper said, ‘‘Once the leader in for working families will be $3,000, the toll that violence has taken on our space development, the United States’ which is a 10 percent increase over last border communities, and tensions are space exploration policies are now year. We are taking less and less out of high. As the cartels become desperate drifting aimlessly.’’ And they later the American working family’s pay- to keep smuggling routes open, our went on to note that the clear winner check. In fact, the Federal taxes as a border agents and their vehicles are hit from this retreat will be Russia. percentage of the national economy is with rocks, shot at, and assaulted on a Now, we should not cede our space at its lowest rate in nearly two genera- nightly basis. exploration superiority to countries tions. I am convinced that our border per- like Russia or anybody else. It jeopard- No, only in a fantasy world like sonnel need more equipment and man- izes our national security. It’s a bad ‘‘Alice in Wonderland’’ could you claim power to prevent the violence and keep policy. The President needs to recon- that this Congress has not done a great Americans safe. There is no silver bul- sider. job in lowering taxes for the American let for fixing our border. A solution f public, and we will continue to make will require a comprehensive approach TAX RELIEF FOR THE MIDDLE sure that American families have the to security. We must put every option CLASS best standard of living we can possibly on the table, including the use of the create. National Guard. (Mr. WALZ asked and was given per- f mission to address the House for 1 f minute and to revise and extend his re- DUBOIS AREA MIDDLE SCHOOL TAX RELIEF FOR THE MIDDLE marks.) LEVEL OF EXCELLENCE CLASS Mr. WALZ. Mr. Speaker, last week I (Mr. THOMPSON of Pennsylvania (Mr. PERLMUTTER asked and was had the opportunity to travel around asked and was given permission to ad- given permission to address the House my southern Minnesota district talk- dress the House for 1 minute and to re- for 1 minute.) ing to local business owners on the best vise and extend his remarks.) Mr. PERLMUTTER. Mr. Speaker, ways to grow and revitalize our econ- Mr. THOMPSON of Pennsylvania. President Bush left this country with a omy. Businesses, working families, in- Mr. Speaker, I draw your attention $1.3 trillion debt when President cluding the Mayo Clinic centered in my today to the DuBois Area Middle Obama came into office a year ago, and district, talked about the improve- School and its outstanding level of ex- the economy was in free fall. ments to the health care system was a cellence. It has been awarded, for the One of the things that was done over good first step in moving that. They second time, the designation of the the course of the last year was to pro- also explained to me that the policies Pennsylvania Don Eichhorn Schools: vide this country and working Ameri- on tax relief that you heard here help. Schools to Watch program. cans with tax cuts across the board, Now be very clear about this. If you The National Forum sponsors this $800 billion in tax cuts, greatest tax cut think it’s a game of he said, he said program, and schools are chosen for for working Americans at any time in and back and forth and the pundits on the honor of achieving academic excel- our history. TV can tell one way to think, this is a

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2512 CONGRESSIONAL RECORD — HOUSE April 14, 2010 very simple proposition. This Congress committee held a hearing on the pro- The Chair recognizes the gentle- has cut taxes for the middle class more posed changes to NASA’s exploration woman from California. than any Congress in history. program. The administration is advo- GENERAL LEAVE Go do your own taxes, compare them cating an extreme change by canceling Ms. WATERS. Mr. Speaker, I ask side by side, apples to apples, and the Constellation Program, which I feel unanimous consent that all Members you’ll see that’s true. What that means would be a mistake especially since the may have 5 legislative days within is 98 percent of southern Minnesota has Constellation Program has passed their which to revise and extend their re- benefited from the working class tax preliminary design review, a signifi- marks on this legislation and to insert cuts. cant technological milestone. extraneous material thereon. Families and students are eligible for Back in 2008, the media portrayed The SPEAKER pro tempore. Is there up to $2,500 in tax savings. First-time thrust oscillation as a ‘‘serious con- objection to the request of the gentle- home buyers got $8,000 to buy their cern,’’ but the program design review, woman from California? homes—others, 6,500—revitalizing the the team spent about a minute on the There was no objection. housing market. issue of thrust oscillation. Why? Be- Ms. WATERS. Mr. Speaker, I yield Taxpayers are eligible for making cause the problem had been solved. myself as much time as I may con- their homes energy efficient and grow- To me, this is just another indication sume. I would like to thank the majority ing the renewable economy. By enact- of why cancellation would be a mis- leader for bringing this bill to the floor ing these job-saving incentives, small take. It wouldn’t just be throwing promptly following its passage in the local businesses can grow and expand money, money already spent, $9 billion, Senate, and I thank my colleagues on and inject consumer demand in the hardware already built, a workforce al- the Financial Services Committee, es- economy. Those are facts, not political ready in place, but a process in stand- pecially Chairman BARNEY FRANK, myth. ard of doing business and fixing prob- Ranking Member SPENCER BACHUS, and lems that NASA has developed for over f Subcommittee Chairman GREGORY 50 years. MEEKS, for their support for this bill. I WHO ARE YOU GOING TO BELIEVE? America has been the leader in also thank my senior legislative assist- (Mr. PENCE asked and was given per- human space flight for half a century, ant, Kathleen Sengstock, and the Fi- mission to address the House for 1 and this administration’s budget pro- nancial Services Committee’s senior minute and to revise and extend his re- posal puts that at risk. professional staff member, Daniel marks.) f McGlinchey, for their work on this bill. Mr. PENCE. Mr. Speaker, you know, I first introduced this bill after the ANNOUNCEMENT BY THE SPEAKER Groucho Marx said years ago, Who are terrible earthquake that struck Haiti PRO TEMPORE you going to believe, me or your own on January 12. I have visited Haiti eyes? The SPEAKER pro tempore. Pursu- twice since the earthquake, and I have I just have to wonder, Mr. Speaker, ant to clause 8 of rule XX, the Chair seen the widespread devastation it about the American people looking in will postpone further proceedings caused. According to the U.S. Agency this morning to hear Democrats talk- today on motions to suspend the rules for International Development, that is ing about having cut taxes more than on which a recorded vote or the yeas USAID, 230,000 people were killed and any other Congress in history. and nays are ordered, or on which the 1.3 million people were displaced from Let me see if we can do this. They vote incurs objection under clause 6 of their homes. There is a desperate need passed a budget with record taxes and rule XX. for clean water, food, shelter, and basic spending, will add $1 trillion to the na- Record votes on postponed questions sanitation. Three million people, one- tional debt in the next 10 years. They will be taken later. third of the country’s population, were passed a national energy tax called the f affected by the quake. cap-and-trade that will cause utility According to the U.S. Treasury De- rates to go up on small businesses and HAITI DEBT RELIEF AND EARTH- partment, as of March 1, Haiti owed family farms and businesses across this QUAKE RECOVERY ACT OF 2010 $828 million to multilateral develop- country by hundreds of billions of dol- Ms. WATERS. Mr. Speaker, I move to ment institutions. This included $447 lars. And we just passed ObamaCare suspend the rules and concur in the million to the Inter-American Develop- with $600 billion of tax increases. So Senate amendments to the bill (H.R. ment Bank, $284 million to the IMF, $39 now they’re standing in front of the 4573) to direct the Secretary of the million to World Bank Group’s Inter- American people on the day before Tax Treasury to instruct the United States national Development Association, and Day, on the day before tens of millions Executive Directors at the Inter- $58 million to the International Fund of Americans are going to take to the national Monetary Fund, the World for Agricultural Development. In addi- street and say enough is enough, and Bank, the Inter-American Develop- tion, Haiti owed approximately $400 expect you to believe that they’ve been ment Bank, and other multilateral de- million to other individual countries. cutting taxes. velopment institutions to use the H.R. 4573, the Debt Relief for Earth- Well, I think the American people voice, vote, and influence of the United quake Recovery in Haiti Act of 2010, know better. I think the American peo- States to cancel immediately and com- would free Haiti from the burden of ple know what we really need here in pletely Haiti’s debts to such institu- international debt. The bill directs the Washington, DC, is less talk and more tions, and for other purposes. Secretary of the Treasury to instruct action. Let’s cut taxes across the board The Clerk read the title of the bill. the U.S. executive directors at multi- for working families, small businesses, The text of the Senate amendments lateral development institutions to use and family farms. Get government is as follows: the voice, vote, and influence of the under control. Get government out of United States to seek to achieve three Senate amendments: things: number one, the immediate and the way. This economy will come roar- On page 3, line 4, after ‘‘provision’’ insert: ing back. ‘‘, before February 1, 2015,’’. complete cancellation of all debts owed by Haiti to these institutions; second, f On page 3, lines 18 and 19, strike ‘‘relief’’ and all that follows through ‘‘Haiti.’’ and in- the suspension of Haiti’s debt service b 1045 sert: ‘‘relief and debt service relief for Haiti payments until such time as the debts and, before February 1, 2015, to provide grants are canceled; and, three, the provision CONSTELLATION for Haiti.’’. of emergency, humanitarian, and re- (Mr. OLSON asked and was given per- On page 4, line 7, after ‘‘Haiti’s future’’ in- construction assistance to Haiti in the mission to address the House for 1 sert: ‘‘and future generations’’. form of grants so that Haiti does not minute and to revise and extend his re- The SPEAKER pro tempore. Pursu- accumulate additional debts. marks.) ant to the rule, the gentlewoman from The bill also directs the Secretary of Mr. OLSON. Mr. Speaker, before I California (Ms. WATERS) and the gen- the Treasury and Secretary of State to left for the Easter district work period, tleman from Minnesota (Mr. PAULSEN) use all appropriate diplomatic influ- the Space and Aeronautics Sub- each will control 20 minutes. ence to secure the cancellation of all

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2513 remaining bilateral, multilateral, and decent and humane thing to do, and I education and infrastructure; and de- private creditor debt owed by Haiti. ask my colleagues to once again sup- spite the fact that I spent many hours This bill passed the House on March port this measure. working not only on this debt relief 10, and the Senate passed it with an Mr. PAULSEN. Mr. Speaker, I en- bill but working with my colleagues on amendment on March 26. The amend- courage strong support of this legisla- the other side of the aisle, I’ve learned ment specified that Haiti should re- tion, and I yield back the balance of a lot working with the Jubilee Com- ceive aid in the form of grants until my time. mittee and with Mr. BACHUS about February 1, 2015. After that time, mul- Ms. WATERS. Mr. Speaker, there’s what we can do if we cooperate. And tilateral development institutions may been considerable progress mobilizing that we have been doing. resume aid in the form of new loans. I international support for Haiti since And so we move forward to help rede- believe 5 years is a reasonable amount the introduction of this bill. Multilat- velop Haiti, and I would appreciate the of time for Haiti to be able to recover eral development institutions have al- support and the vote of my colleagues without the burden of debt service pay- ready begun to take steps to reduce or for this debt relief legislation. ments on new loans. cancel Haiti’s debts. And on March 31, I yield back the balance of my time. I therefore support the Senate the United Nations hosted the Inter- The SPEAKER pro tempore. The amendments, and I reserve the balance national Donors Conference for Haiti question is on the motion offered by of my time. where leaders of the world’s nations the gentlewoman from California (Ms. Mr. PAULSEN. Mr. Speaker, I yield pledged $9.9 billion in aid, including WATERS) that the House suspend the myself as much time as I may con- $5.3 billion for the first 2 years. I’m en- rules and concur in the Senate amend- sume. couraged by this progress, and I’m in- ments to the bill, H.R. 4573. Mr. Speaker, I also rise in support of spired by the outpouring of support for The question was taken; and (two- H.R. 4573, the Debt Relief for Earth- Haiti from the international commu- thirds being in the affirmative) the quake Recovery in Haiti Act of 2010. nity. rules were suspended and the Senate H.R. 4573 takes a good first step to- The people of Haiti are poor, but they amendments were concurred in. wards the goal of eliminating Haiti’s are physically and spiritually resilient. A motion to reconsider was laid on uncollectible debts so the country can I know with the support of the inter- the table. start to rebuild. Removing this burden national community they will recover f will also help Haiti begin the process of from this tragedy and create a better becoming a self-sustaining economy. future for their children. b 1100 Nearly identical legislation has al- Mr. Speaker and Members, in fact, ready been agreed to by the House Haiti is the poorest nation in the West- ELIMINATE PRIVACY NOTICE under suspension of the rules. The Sen- ern Hemisphere, and Haiti has experi- CONFUSION ACT ate made only two minor changes to enced extreme devastation for many Mr. MOORE of Kansas. Mr. Speaker, the bill to ensure that our commitment years. It was just 2008 when they were I move to suspend the rules and pass to Haiti remains unchanged and it hit with four hurricanes and they had the bill (H.R. 3506) to amend the stays focused. One change was that it not had the opportunity to even try to Gramm-Leach-Bliley Act to provide an sets an explicit time period for future recover from those hurricanes. At that exception from the continuing require- grants for Haiti, and the other ensures time, there were many deaths, many ment for annual privacy notices for fi- that assistance provided helps not just houses were destroyed, the roads and nancial institutions which do not share today’s Haitians but also ensures help the bridges were destroyed. And com- personal information with affiliates, for future generations. This is a very ing on the heels of that, they were con- and for other purposes, as amended. sensible, commonsense approach. I sup- fronted with this most devastating The Clerk read the title of the bill. port these changes. earthquake. The text of the bill is as follows: I also want to recognize the members There are those who look at Haiti H.R. 3506 of the International Monetary Policy and say we don’t know whether or not Be it enacted by the Senate and House of Rep- and Trade Subcommittees and the staff this nation can survive. There are resentatives of the United States of America in of the committee for their bipartisan those who say, you know, they had Congress assembled, efforts on this legislation. problems with governance. They have SECTION 1. SHORT TITLE. Mr. Speaker, I support this bill, and lived under dictators. They have lived This Act may be cited as the ‘‘Eliminate I reserve the balance of my time. under a Catholic priest who practiced Privacy Notice Confusion Act’’. Ms. WATERS. Mr. Speaker, I yield to liberation theology where there was a SEC. 2. EXCEPTION TO ANNUAL PRIVACY NOTICE the gentleman from Kansas (Mr. coup d’etat that ousted him, and it REQUIREMENT UNDER THE GRAMM- LEACH-BLILEY ACT. MOORE) as much time as he may con- goes on and on and on. Section 503 of the Gramm-Leach-Bliley Act sume. But there are many of us who look at (15 U.S.C. 6803) is amended by adding the fol- Mr. MOORE of Kansas. Mr. Speaker, this earthquake as opportunity. De- lowing new subsection: I commend my colleagues, Representa- spite the severe loss and the devasta- ‘‘(f) EXCEPTION TO ANNUAL NOTICE REQUIRE- tive MAXINE WATERS, Chairman FRANK, tion, we believe that there is now a MENT.—A financial institution that— Representative GREG MEEKS, and Rep- real commitment by the world commu- ‘‘(1) provides nonpublic personal informa- resentative SPENCER BACHUS, for their nity to come to the aid of Haiti. We be- tion only in accordance with the provisions bipartisan work on this important lieve that there is a real commitment of subsection (b)(2) or (e) of section 502 or issue. to governance in a new way. We believe regulations prescribed under section 504(b); Mr. Speaker, as a result of the ex- and that there is a real commitment not ‘‘(2) has not changed its policies and prac- traordinary results of January 12, 2010, only by USAID, the State Department, tices with regard to disclosing nonpublic per- 230,000 people were killed and more and the government of our own coun- sonal information from the policies and than 1.3 million people were displaced, try, but by other governments around practices that were disclosed in the most re- unable to return to their homes in the world to include Haiti in the rede- cent disclosure sent to consumers in accord- Haiti. And still today while things are velopment. ance with this subsection, getting better, a desperate need for And so despite the devastation, I shall not be required to provide an annual food, water, and medical care exists. think that many of us are looking for- disclosure under this subsection until such The people of Haiti are facing an enor- ward to the opportunity to help Haiti time as the financial institution fails to mous struggle to recover from an become the country that it can be- comply with any criteria described in paragraph (1) or (2).’’. earthquake at a time when the country come. This is going to be a lot of hard was already among the poorest in the work, but this debt relief will go a long SEC. 3. BUDGET COMPLIANCE. world. The budgetary effects of this Act, for the way toward helping in that redevelop- purpose of complying with the Statutory This bill supports a humanitarian ment. Pay-As-You-Go-Act of 2010, shall be deter- need through fiscal assistance by al- With this debt relief that means that mined by reference to the latest statement lowing our Treasury to cancel the $828 Haiti will not have to repay debt. They titled ‘‘Budgetary Effects of PAYGO Legisla- million debt owed by Haiti. This is the can invest that money in health and tion’’ for this Act, submitted for printing in

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2514 CONGRESSIONAL RECORD — HOUSE April 14, 2010 the Congressional Record by the Chairman of must provide to consumers when they Mr. MOORE of Kansas. I want to the Committee on the Budget of the House of open an account, which will be unaf- thank the gentleman, Madam Speaker, Representatives, provided that such state- fected by this bill. for his very kind comments. ment has been submitted prior to the vote on I urge my colleagues to support H.R. I reserve the balance of my time. passage. 3506, and I reserve the balance of my Mr. PAULSEN. Madam Speaker, in The SPEAKER pro tempore. Pursu- time, Madam Speaker. closing, this bill is a win/win. It re- ant to the rule, the gentleman from Mr. PAULSEN. Madam Speaker, I duces an unnecessary and redundant Kansas (Mr. MOORE) and the gentleman yield myself such time as I may con- regulatory burden for consumers, and I from Minnesota (Mr. PAULSEN) each sume. ask for adoption of the bipartisan legis- will control 20 minutes. Madam Speaker, I rise today in sup- lation. The Chair recognizes the gentleman port of H.R. 3506, the Eliminate Pri- I yield back the balance of my time. from Kansas. vacy Notice Confusion Act. Mr. MOORE of Kansas. I yield myself GENERAL LEAVE This bill will help reduce the burden 1 minute. Mr. MOORE of Kansas. Mr. Speaker, and confusion of privacy notice re- Madam Speaker, again, I commend I ask unanimous consent that all Mem- quirements by providing exemption the gentleman from Minnesota for his bers have 5 legislative days within from sending an annual privacy notice work on this bipartisan legislation, and which to revise and extend their re- for those institutions that do not share it is bipartisan legislation. I urge my marks on this legislation and to insert nonpublic customer information with colleagues to support H.R. 3506. extraneous material thereon. unaffiliated third parties or those that I yield back the balance of my time. The SPEAKER pro tempore. Is there do not change their privacy policies at The SPEAKER pro tempore (Ms. objection to the request of the gen- all. DEGETTE). The question is on the mo- tleman from Kansas? tion offered by the gentleman from There was no objection. Under current law, banks and other financial institutions are required to Kansas (Mr. MOORE) that the House Mr. MOORE of Kansas. Mr. Speaker, suspend the rules and pass the bill, I yield myself such time as I may con- send out an annual privacy notification to their customers informing them H.R. 3506, as amended. sume. The question was taken; and (two- I want to congratulate the gentleman that nothing has changed, and they thirds being in the affirmative) the from Minnesota, Representative ERIK still do not share privacy information. rules were suspended and the bill, as PAULSEN, a member of our Financial This is often quite very confusing to customers. amended, was passed. Services Committee, as well as the The title of the bill was amended so Oversight and Investigations Sub- Essentially, under my legislation, financial institutions are relieved of an as to read: ‘‘To amend the Gramm- committee that I chair. I was pleased Leach-Bliley Act to provide an excep- to introduce H.R. 3506, the Eliminate unnecessary and redundant regulatory tion from the continuing requirement Privacy Notice Confusion Act, with burden which will help lower costs and for annual privacy notices for financial him and our colleague, Representative reduce junk mail that the customers institutions which do not change their PETER ROSKAM, who originally intro- receive in the mail every day. It will policies and practices with regard to duced this bill in the 110th Congress also lessen confusion to customers be- disclosing nonpublic personal informa- when he served on the Financial Serv- cause they will no longer receive let- tion from the policies and practices ices Committee. ters informing them that their bank’s that were disclosed in the most recent In the last Congress, Mr. Speaker, privacy policy has not changed at all. disclosure sent to consumers, and for this legislation was included in a bank Madam Speaker, it’s important to other purposes.’’. and thrift regulatory bill I introduced, note that this legislation only applies A motion to reconsider was laid on which was later included in a com- to those institutions that do not share the table. prehensive regulatory reform measure personal financial information with this House approved by voice vote. But third parties and do not change their f as is too often the case, the Senate privacy policies. This means that the COMMENDING THE AMERICAN failed to act. privacy policy that banks must provide SAIL TRAINING ASSOCIATION The legislation we consider today to consumers when they open an ac- Mr. CUMMINGS. Madam Speaker, I will help minimize confusion con- count remains completely unaffected. move to suspend the rules and agree to sumers have about their privacy rights The bottom line is that nothing in this the resolution (H. Res. 197) to commend regarding two conflicting provisions of legislation in this bill allows for the the American Sail Training Associa- two prior laws. The Fair Debt Collec- disclosure of private information and tion for its advancement of character tion Practices Act specifically pro- companies are still prohibited from building under sail and for its advance- hibits subject companies from sharing sharing any personal information with ment of international goodwill, as personal information with third par- third parties. amended. ties. Yet the Gramm-Leach-Bliley Act Similar legislation has passed the The Clerk read the title of the resolu- still requires these firms to provide an- House in previous Congresses with tion. nual privacy notices that allow con- strong, bipartisan support; and I want The text of the resolution is as fol- sumers to opt out of having their infor- to recognize the bipartisan manner in lows: mation shared with third parties. Since which that legislation was again han- H. RES. 197 dled this year. this practice is already prohibited by Whereas the American Sail Training Asso- law, these annual notices only confuse Madam Speaker, I especially want to ciation (ASTA) is an educational nonprofit the consumers that receive them. thank Chairman FRANK and Ranking corporation whose declared mission is ‘‘to H.R. 3506 will amend the Gramm- Member BACHUS for their assistance encourage character building through sail Leach-Bliley Act to exempt from its with the legislation and their willing- training, promote sail training to the North annual privacy policy notice require- ness to bring this legislation and assist American public and support education ment any financial institution which me in bringing it to the House floor. under sail’’; meets several criteria and are already Finally, I want to thank the gen- Whereas since its founding in 1973, ASTA has promoted these goals through— tleman from Kansas (Mr. MOORE) for prohibited by the Fair Debt Collection (1) support of character building experi- Practices Act from sharing personal in- his hard work on this legislation. He ences aboard traditionally rigged sail train- formation with third parties. Waiving has done exemplary work throughout ing vessels; the privacy notice requirement will re- his 12 years here in this body, and we (2) a program of scholarship funds sup- duce confusion for consumers who may are going to miss his spirit and com- porting such experiences; incorrectly think, by receiving the no- mitment of working in a bipartisan (3) a long history of tall ship races, rallies, tice, that the companies have the right manner, and I appreciate his friendship and maritime festivals dating back as far as 1976; to share their personal information as well. (4) the Tall Ships Challenge series of races with third parties. I ask for a ‘‘yes’’ vote on this bill. and maritime festivals which— This should not be confused with the Madam Speaker, I reserve the bal- (A) have been conducted each year since privacy policy financial institutions ance of my time. 2001;

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2515 (B) have reached an aggregate audience to ican Sail Training Association, ASTA, and Mother Nature. There’s actually date of some 8,000,000 spectators; for its work creating opportunities for nothing like it. (C) have had a cumulative economic im- young people to sail on traditionally pact of over $400,000,000 for over 30 host com- I speak from some personal experi- munities; and rigged sailing vessels and for its work ence, Madam Speaker. Actually, my (D) involve sail training vessels, trainees, representing the United States in family was in the marina business. I and crews from all the coasts of the United international sail training fora. sold sailboats before I ever became in- States and around the world; Barclay Warburton III founded ASTA volved in public service. It was our (5) support of its membership of more than in 1973. After he participated in a tall family business. It was the way we 200 sail training vessels, embracing barks, ships race held in Europe, he was in- made our living. It was our family barques, barkentines, brigantines, brigs, spired to form an organization in the schooners, sloops, and full-rigged ships, hobby. United States that would be dedicated which carry the flags of the United States, In fact, some of my fondest memories to supporting character building Canada, and many other nations and have include participating in what are some through sail training and promoting brought life changing adventures to thou- of the marquis freshwater sailing re- sail training to the North American sands and thousands of young trainees; gattas in the Great Lakes, of which I (6) a series of more than 30 annual sail public. am happy to represent a district from, training conferences to date, conducted in Over the past nearly four decades, such as the Port Huron to Mackinac numerous cities throughout the United ASTA has carried on his vision by race, of which I have raced in 29 of States and Canada and embracing the Safety working to instill a love of sea in the Under Sail Forum and the Education Under them. Actually, after you race 25, they next generation. The organization Sail Forum; induct you into something called the gives young people the chance to sail (7) extensive collaboration with the United Old Goat Society, or, in my case, I am on tall ships and supports professional States Coast Guard and with the premier sail an old nanny goat. I think I am the training vessel of the United States, the development among the crew members only old nanny goat in the United square-rigged barque USCGC Eagle; who work on tall ships. ASTA also or- States Congress, as well as partici- (8) publication of ‘‘Sail Tall Ships’’, a peri- ganizes tall ship races and associated pating in the Chicago-to-Mackinac odic directory of sail training opportunities; maritime festivals such as the Tall and freshwater race as well. Ships Challenge Series. (9) supporting the enactment of the Sailing Since 1973, the American Sail Train- Schools Vessel Act of 1982, Public Law 97–322, These festivals give young people in- on October 15, 1982; terested in sailing the chance to expe- ing Association has been introducing Whereas ASTA has ably represented the rience life on tall ships. They have also young people to the world of sailing, United States as its national sail training enabled millions of spectators to expe- specifically on tall ships. Madam organization as a founding member of Sail rience the majesty of tall ships and Speaker, these experiences instill the Training International, the recognized inter- have created significant economic ben- values of hard work, leadership, appre- national body for the promotion of sail efits in the coastal communities in ciation for our environment, and co- training, which itself carries forward a series which they have been held. operation as well, all attributes which of international races amongst square-rigged will serve young people very well and other traditionally rigged vessels reach- I note that the United States Coast ing back as far as the 1950s; and Guard Cutter Eagle was used to train throughout their lifetime. Whereas ASTA and Sail Training Inter- cadets at the Coast Guard Academy on This summer, the American Sail national are collaborating with port partners the principles of seamanship. It’s just Training Association is going to be around the Atlantic Ocean to produce Tall one of the many vessels that has partnering with Great Lakes United, Ships Atlantic Challenge 2009, an inter- worked extensively with ASTA and which will bring a fleet of international fleet of sail training vessels origi- participated in many ASTA sailing national tall ships actually into the nating in Europe, voyaging to North Amer- ica, and returning to Europe: Now, therefore, events. Great Lakes. As these vessels sail be it ASTA’s work is critical to preserving through the world’s largest body of Resolved, That the House of Representa- our Nation’s rich maritime heritage fresh water, in fact, the Great Lakes tives— and ensuring that its traditions are are fully one-fifth or 20 percent of the (1) commends the American Sail Training passed on to the next generation. fresh water supply of the entire planet, Association for its advancement of character Madam Speaker, as the chairman of they will be calling on various ports building experiences for youth at sea in tra- the Subcommittee on Coast Guard and throughout the Great Lakes to pro- ditionally rigged sailing vessels and its ad- Maritime Transportation, I urge the vancement of the finest traditions of the sea; mote stewardship of the Great Lakes and— adoption of H. Res. 197 of the House and the educational benefits of sailing. (2) commends the American Sail Training today and commend the good work of Again, as one who has sailed Association as the national sail training as- my friend, Congressman KENNEDY, on throughout the Great Lakes, I know sociation of the United States, representing this resolution. that the young people who participate the sail training community of the United I reserve the balance of my time. in this venture will be astounded by States in the international forum. Mrs. MILLER of Michigan. Madam the majesty as well as the challenges The SPEAKER pro tempore. Pursu- Speaker, I yield myself as much time that they will face from a sailing and a ant to the rule, the gentleman from as I might consume. boating perspective on the Great I rise in very strong support of this Maryland (Mr. CUMMINGS) and the gen- Lakes. tlewoman from Michigan (Mrs. MIL- resolution. I certainly commend the American LER) each will control 20 minutes. House Resolution 197 recognizes the The Chair recognizes the gentleman contribution of the American Sail Sail Training Association for their from Maryland. Training Association. Tall ships re- work to promote the continued display and use of these majestic ships, as well GENERAL LEAVE mind us of our proud maritime history Mr. CUMMINGS. Madam Speaker, I and our heritage. Through this Asso- as their efforts to provide a platform to ask unanimous consent that all Mem- ciation, many, many young people get advance historical and environmental bers may have 5 legislative days within an opportunity to train aboard these awareness also and, of course, develop- which to revise and extend their re- vessels and to gain important leader- ment of leadership skills amongst our marks and to include extraneous mate- ship experience. young people. rial on H. Res. 197. Sailing provides a great opportunity, In closing, I would just say that there The SPEAKER pro tempore. Is there a wonderful opportunity, to be outside, are few things, Madam Speaker, more objection to the request of the gen- to be out in nature, enjoying our Na- moving or majestic that speak to us of tleman from Maryland? tion’s bountiful natural resources. our proud maritime heritage than There was no objection. Moreover, it’s an opportunity for indi- when we see the tall ships. Who can Mr. CUMMINGS. Madam Speaker, I viduals to learn the value of teamwork, forget, certainly in our Nation’s bicen- yield myself such time as I may con- and it provides a personal competitive tennial, when the tall ships came into sume. challenge for each member of the crew New York Harbor, going by the Statue Introduced by Congressman KEN- as they attempt to match their sailing of Liberty, really speaks to what NEDY, H. Res. 197 commends the Amer- skills against those of the other boats America is certainly all about, I think.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2516 CONGRESSIONAL RECORD — HOUSE April 14, 2010 This resolution recognizes an organiza- rules and agree to the resolution, H. Circuit, a key post due to the many tion that allows young people to expe- Res. 197, as amended. civil rights cases before the circuit rience these tall ships. I would urge my The question was taken; and (two- during the fifties, the sixties and sev- colleagues to support it. thirds being in the affirmative) the enties. I yield back the balance of my time. rules were suspended and the resolu- Judge Godbold holds the distinction b 1115 tion, as amended, was agreed to. of being the only judge in the history A motion to reconsider was laid on of the United States to be the chief Mr. CUMMINGS. Madam Speaker, I the table. judge of two separate judicial circuits, just wanted to close here and just say f the Fifth, and then later the 11th Cir- that I agree with the gentlelady with cuit in Atlanta. It is with this legisla- regard to tall ships. Being from the JOHN C. GODBOLD UNITED STATES tion that we recognize the significant port city of Baltimore, we’ve had the JUDICIAL ADMINISTRATION achievement of Judge Godbold and opportunity to see the tall ships and to BUILDING thank him for his many years of serv- see what sailing has done for our coun- Mr. CUMMINGS. Madam Speaker, I ice to this country. try. I think this is an outstanding reso- move to suspend the rules and pass the Madam Speaker, I would especially lution, and so I would move for the bill (H.R. 4275) to designate the annex like to express my sympathy to Judge adoption of it and suggest that all building under construction for the El- Godbold’s family, friends, and col- Members vote for it. bert P. Tuttle United States Court of leagues on the judge’s recent passing in Mr. OBERSTAR. Madam Speaker, I rise Appeals Building in Atlanta, Georgia, December 2009. today in support of H. Res. 197, as amended, as the ‘‘John C. Godbold United States Mr. MARIO DIAZ-BALART of Flor- introduced by the gentleman from Rhode Is- Judicial Administration Building’’, as ida. Madam Speaker, I’d like to yield land (Mr. KENNEDY), commending the Amer- amended. myself such time as I may consume. ican Sail Training Association for its advance- The Clerk read the title of the bill. The gentleman from Georgia, I think, ment of character building under sail and for The text of the bill is as follows: just did a great job explaining why we its advancement of international goodwill. H.R. 4275 are here today. I’m not going to go In 1972, Barclay Warburton III, of Newport, through, again, this distinguished Be it enacted by the Senate and House of Rep- Rhode Island, his two sons, and several American’s extensive record of public friends sailed the brigantine Black Pearl resentatives of the United States of America in Congress assembled, service. I do want to, though, as the across the Atlantic to participate in a tall ships SECTION 1. DESIGNATION. gentleman from Georgia just men- race from England to Sweden. Mr. Warburton The annex building under construction for the tioned, highlight what he just said, was inspired by the enthusiasm and spirit of United States courthouse located at 56 Forsyth that this is the first person to serve as the young people who participated in the race Street in Atlanta, Georgia, known as the Elbert chief judge in two different Federal cir- and, in 1973, he established the American Sail P. Tuttle United States Court of Appeals Build- cuits, which is really a remarkable Training Association, ASTA, to provide similar ing, shall be known and designated as the achievement. experiences for young people in the United ‘‘John C. Godbold Federal Building’’. Also, prior to his appointment to the States. SEC. 2. REFERENCES. bench, Judge Godbold was in private Today, ASTA is a respected nonprofit orga- Any reference in a law, map, regulation, doc- practice, but he also served in the U.S. nization with a mission to encourage character ument, paper, or other record of the United Army. I always like to highlight when building under sail. States to the annex building referred to in sec- we’re here on the floor and we’re doing ASTA provides young people with experi- tion 1 shall be deemed to be a reference to the ‘‘John C. Godbold Federal Building’’. something like naming a building, if, ences aboard traditionally rigged sail training in fact, someone has also served in the The SPEAKER pro tempore. Pursu- vessels, and manages scholarship and grant U.S. military, which I think is the ant to the rule, the gentleman from programs. ASTA also organizes and partici- most noble way to serve our country. I Maryland (Mr. CUMMINGS) and the gen- pates in tall ships races and maritime festivals think it’s important to highlight. involving vessels and crews from all coasts of tleman from Florida (Mr. MARIO DIAZ- So again, I want to thank the gen- BALART) each will control 20 minutes. the United States and from around the world. tleman from Georgia (Mr. LEWIS) for ASTA supports more than 200 training ves- The Chair recognizes the gentleman bringing this bill. I understand that sels of many types from the United States, from Maryland. the entire Georgia delegation is not Canada, and other nations. Each year, ASTA GENERAL LEAVE only supporting this legislation but are also supports more than 30 annual sail train- Mr. CUMMINGS. Madam Speaker, I cosponsors with him. Again, this is an ing conferences throughout the United States ask unanimous consent that all Mem- individual who has an extensive record and Canada. ASTA also publishes ‘‘Sail Tall bers may have 5 legislative days within of public service. Ships’’, a periodic directory of sail training op- which to revise and extend their re- Madam Speaker, I yield back the bal- portunities. marks and to include extraneous mate- ance of my time. ASTA collaborates extensively with the rial on H.R. 4275. Mr. CUMMINGS. Madam Speaker, I United States Coast Guard and the USCG The SPEAKER pro tempore. Is there yield myself such time as I may con- Eagle to conduct many of its sail training pro- objection to the request of the gen- sume. grams. tleman from Maryland? Madam Speaker, I just want to asso- As the United States’ representative in, and There was no objection. ciate myself with the words of both of a founding member of, Sail Training Inter- Mr. CUMMINGS. Madam Speaker, I my colleagues and urge the Members of national, STI, the international body promoting yield 5 minutes to the distinguished this body to support this resolution. sail training, ASTA recently collaborated with gentleman from Georgia (Mr. LEWIS). Mr. JOHNSON of Georgia. Madam Speaker, STI and port partners around the Atlantic Mr. LEWIS of Georgia. Madam I rise today to express my strong support for Ocean to create the Tall Ships Atlantic Chal- Speaker, I want to thank my colleague H.R. 4275 to designate the annex building lenge 2009: a 7,000-mile trip around the Atlan- and my friend Mr. CUMMINGS for yield- under construction for the Elbert P. Tuttle tic over the traditional routes followed by ships ing. I will not take the 5 minutes. United States Court of Appeals Building in At- during the age of sail. Madam Speaker, I rise today in sup- lanta, Georgia, as the ‘‘John C. Godbold I thank the gentleman from Rhode Island for port of this resolution to name the United States Judicial Administration Building.’’ introducing this resolution to commend the annex building at the United States I would also like to commend JOHN LEWIS, the American Sail Training Association. Courthouse on Forsyth Street in down- sponsor of this resolution, for his commitment I urge my colleagues to join me in sup- town Atlanta, Georgia, as the ‘‘John C. to preserving the accomplishments of John C. porting H. Res. 197. Godbold Federal Building.’’ Godbold. Mr. CUMMINGS. Madam Speaker, I Judge John C. Godbold was born in The recognition of the accomplishments of yield back the balance of my time. 1920 in Coy, Alabama, about 100 miles Judge John C. Godbold is well overdue. John The SPEAKER pro tempore. The to the west of my hometown of Troy. C. Godbold, born in Coy, Alabama, attended question is on the motion offered by In 1966, President Lyndon Johnson Auburn University and graduated in 1940. the gentleman from Maryland (Mr. appointed Judge Godbold to the United Shortly thereafter, he attended Harvard Law CUMMINGS) that the House suspend the States Court of Appeals for the Fifth School. His studies were interrupted however,

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2517 by World War II. He put his studies on hold pression in Federal court based on state law Whereas during an average year, Coast and joined the Army, where he served as a interpretations, and inviting the state Supreme Guard Group Astoria units respond to more Major in Europe. After the war, he went back Court to identify the state law issues and rule than 800 search-and-rescue calls for help, as- to Harvard Law School to achieve his Juris sist more than 1,700 mariners, and save near- on them. Judge Godbold implemented this ly 100 lives; Doctor degree. Upon graduation, Godbold new procedure in the U.S. Court of Appeals Whereas the 325 men and women of Coast went into private practice with Richard T. for the 5th Circuit and now more than 40 Guard Group Astoria perform many missions Rives. In 1966, Godbold was appointed to states have procedures for the certification of including search and rescue, homeland secu- serve as a judge on the Fifth Circuit by Presi- state law issues. Judge Godbold was also a rity, enforcement of laws and treaties, and dent Lyndon Johnson. well-respected leader in training Federal jurists maintenance of Aids to Navigation; After numerous attempts to divide the Fifth and authored several publications that ad- Whereas Coast Guard Group Astoria sup- Circuit, in 1980 the politics finally gave way to dressed responsible advocacy and the role of ports local Coast Guard cutters in maintaining 470 Aids to Navigation, enabling mari- the urgency of doing something about the im- the rule of law in our lives. mense workload of the Fifth Circuit. After re- ners to safely navigate the coastal waters of Judge Godbold died late last year on De- Oregon and Washington; ceiving petitions signed by every district and cember 22, 2009. He was a man of immense circuit judge and every bar association within Whereas since 2003, the men and women of character, and conducted his court pro- Coast Guard Group Astoria have assisted the circuit, Congress conducted formal hear- ceedings based on fairness and courtesy. He more than 10,000 individuals in distress and ings and approved on October 14, 1980, the was a courageous judge and dedicated public saved more than 500 lives; division of the court into two circuits. A new servant. It is both fitting and proper that we Whereas since 2003, Coast Guard Group smaller Fifth Circuit Court would stay in New honor his public service with this designation. Astoria has conducted more than 1,200 Liv- Orleans and exercise appellate jurisdiction I urge my colleagues to join me in sup- ing Marine Resources missions to ensure over cases originating in Louisiana, Texas, commercial fishing vessel crews abide by porting H.R. 4275. Federal and State laws in order to preserve and Mississippi, and a brand new Eleventh Mr. CUMMINGS. Madam Speaker, I Circuit would be located in Atlanta and hear fisheries for future generations; yield back the balance of my time. Whereas since 2003, Coast Guard Group cases coming from Georgia, Florida, and Ala- The SPEAKER pro tempore. The Astoria has spent more than 1,000 hours re- bama. The split became official on October 1, question is on the motion offered by sponding to High Interest Vessels to ensure 1981, and the twelve judges living in the Elev- the gentleman from Maryland (Mr. the security of United States ports and wa- enth Circuit states all elected to join that cir- CUMMINGS) that the House suspend the terways in accordance with the Coast cuit, while the 14 judges living within the new rules and pass the bill, H.R. 4275, as Guard’s statutory homeland security respon- fifth chose to stay with that Circuit. Atlanta amended. sibilities; was now home to the Eleventh Circuit Court of Whereas during the December 2007 Pacific The question was taken; and (two- Northwest winter storm, Coast Guard Air Appeals, and Judge John C. Godbold, who thirds being in the affirmative) the had been chief judge of the old Fifth, became Station Astoria helicopter crews flew 28 sor- rules were suspended and the bill, as ties to rescue and save 136 persons as winds chief of the new Eleventh. amended, was passed. exceeded 130 knots; and This made Judge Godbold the only person The title of the bill was amended so Whereas Coast Guard Group Astoria con- in United States history to serve as the Chief as to read: ‘‘A bill to designate the tinues to protect the Pacific Northwest and Judge on two separate judicial circuits. In annex building under construction for embody the Coast Guard motto, Semper 1987, Judge Godbold became the Director of the Elbert P. Tuttle United States Paratus: Now, therefore, be it the Federal Judicial Center in Washington, Resolved, That the House of Representa- Court of Appeals Building in Atlanta, D.C., for a three-year term, after which he re- tives— Georgia, as the ‘John C. Godbold Fed- turned as a senior judge. The center is the re- (1) recognizes the Coast Guard Group eral Building’.’’. search and training facility of the Federal Judi- Astoria’s more than 60 years of service to the A motion to reconsider was laid on Pacific Northwest; ciary. In 1990, Judge Godbold was honored the table. (2) honors the brave men and women of by being named the Leslie S. Wright Distin- Coast Guard Group Astoria who risk their f guished Professor at the Cumberland Law lives daily to ensure the safety and security School in Birmingham. He was also honored RECOGNIZING THE COAST GUARD of the people of the Pacific Northwest; and with the Edward J. Devitt Distinguished Serv- GROUP ASTORIA (3) directs the Clerk of the House of Rep- ice to Justice Award in 1996 and inducted into resentatives to make available enrolled cop- Mr. CUMMINGS. Madam Speaker, I ies of this resolution to Coast Guard Group the Alabama Academy of Honor in 2002. The move to suspend the rules and agree to Honorable Judge John C. Godbold died on Astoria for appropriate display. the resolution (H. Res. 1062) recog- December 22, 2009, leaving behind a legacy The SPEAKER pro tempore. Pursu- nizing the Coast Guard Group Astoria’s that will continue to resonate in history. ant to the rule, the gentleman from As a member of the Judiciary, Sub- more than 60 years of service to the Pa- Maryland (Mr. CUMMINGS) and the gen- committee Chairman on Courts and Competi- cific Northwest, and for other purposes, tleman from North Carolina (Mr. tion Policy, and a former judge myself, I can- as amended. COBLE) each will control 20 minutes. not express enough how important this man’s The Clerk read the title of the resolu- The Chair recognizes the gentleman life was. He symbolized the epitome of what tion. from Maryland. lawyers and judges strive to be, the character The text of the resolution is as fol- GENERAL LEAVE that all of us should strive to show. Please join lows: Mr. CUMMINGS. Madam Speaker, I me and support this resolution to honor Judge H. RES. 1062 ask unanimous consent that all Mem- John C. Godbold. Whereas Coast Guard Group Astoria was bers may have 5 legislative days within Mr. OBERSTAR. Madam Speaker, I rise in established in 1948; which to revise and extend their re- strong support of H.R. 4275, as amended, in- Whereas Coast Guard Group Astoria units marks and to include extraneous mate- troduced by the gentleman from Georgia (Mr. are responsible for safeguarding mariners in rial on H. Res. 1062. the often treacherous waters of the Pacific LEWIS), to designate the annex building under The SPEAKER pro tempore. Is there Northwest; construction for the Elbert P. Tuttle United Whereas Coast Guard Group Astoria’s area objection to the request of the gen- States Court of Appeals Building in Atlanta, of responsibility covers more than 140 miles tleman from Maryland? Georgia, as the ‘‘John C. Godbold Federal of coastline between Queets, Washington, There was no objection. Building’’. and Pacific City, Oregon; Mr. CUMMINGS. Madam Speaker, I Judge Godbold was a graduate of Auburn Whereas helicopters from Coast Guard Air yield myself such time as I may con- University and of Harvard Law School. He was Station Astoria regularly patrol and respond sume. the first person to ever serve as Chief Judge to offshore missions from the Canadian bor- Madam Speaker, as chairman of the of two different Federal Circuit courts, Judge der to northern California; Subcommittee on the Coast Guard and Godbold assumed senior status in 1987 and Whereas Coast Guard Group Astoria is Maritime Transportation, I rise in very comprised of Station Grays Harbor in West- strong support of H. Res. 1062 offered served as Director of the Federal Judicial Cen- port, Washington; Station Cape Disappoint- by Congressman WU. This resolution ter from 1987 to 1990. In addition, he was a ment in Ilwaco, Washington; Station professor of law at the Cumberland School of Tillamook Bay in Garibaldi, Oregon; Air Sta- recognizes the Coast Guard Group Law of Sanford University. tion Astoria in Warrenton, Oregon; and Aids Astoria for the more than 60 years of Judge Godbold was also instrumental in de- to Navigation Team Astoria at Tongue service it has provided to the Pacific vising a process of certifying issues of first im- Point, Oregon; Northwest.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2518 CONGRESSIONAL RECORD — HOUSE April 14, 2010 Founded in 1948, Group Astoria is tioned at other Coast Guard sectors Each year, Coast Guard Group today comprised of Station Grays Har- and groups for their selfless service to Astoria responds to roughly 800 search- bor in Westport, Washington; Station protect those in need. and-rescue calls for help, assists more Cape Disappointment in Ilwaco, Wash- Madam Speaker, if I may assume a than 1,700 mariners, and saves nearly ington; Station Tillamook Bay in Gari- personal role, some years ago, as an ac- 100 lives. They do so in all types of baldi, Oregon; Air Station Astoria in tive-duty Coast Guardsman, I was as- weather and amid the many challenges Warrenton, Oregon; and Aids to Navi- signed to the Port Security Unit at of our harsh and beautiful coastline. gation Team Astoria at Tongue Point, Astoria at the mouth of the Columbia b 1130 Oregon. River. So this resolution is taking me Staffed by 325 Coast Guard members, down a nostalgic trail, a pleasant nos- One effort in particular stands out in Group Astoria oversees an area of re- talgic trail. The past is coming alive, my mind, not only for its heroism but sponsibility that covers 140 miles of reviving old memories. also for the way that it lifted the spir- coastline in Oregon and Washington. In So with that in mind, I join with the its of all of those affected: in December 2007, Oregon was hit by a winter storm an average year, members of Group resolution’s sponsor and cosponsors in with hurricane-force winds in excess of Astoria respond to more than 800 honoring their service and the service 130 miles per hour. The storm knocked search-and-rescue calls; and since 2003, of all Coast Guard members and offi- out power in thousands of homes in Group Astoria has saved more than 500 cers. northwest Oregon and southwest Wash- lives and assisted more than 10,000 indi- Madam Speaker, I yield back the bal- ington, and communication in many viduals in distress. ance of my time. Mr. CUMMINGS. Madam Speaker, I areas was completely cut off. Group Astoria also supports the Of the many heroes who distin- yield such time as he may consume to maintenance of 478 aids to navigation, guished themselves that week, the Mr. WU. and over the last 7 years the group has Coast Guard ranks amongst the most conducted more than 1,200 missions to Mr. WU. I thank the gentleman. I rise today to ask my colleagues to courageous. For instance, Coast Guard ensure that fishing vessels working in Air Station Astoria helicopter crews its area of responsibility are in compli- join me in supporting House Resolution 1062, which recognizes Coast Guard rescued over 130 people trapped by ance with commercial fishing laws. flooding in Chehalis, Washington. In Group Astoria’s more than 60 years of Later this year, Group Astoria will my personal visit there a day or two service to the Pacific Northwest. And I gain additional responsibilities and after the storm, I met one of the rescue thank the gentleman for his service in will be renamed Sector Columbia divers. He didn’t tell me the story, but Coast Guard Group Astoria, his per- River. The title Group Astoria will be- his colleagues did. come a historical name. sonal service. I want to welcome him With high winds blowing, he was In advance of these planned transi- back to Oregon any time he chooses to dropped in the water near Chehalis. tions, H. Res. 1062 recognizes Group come. There was a residential structure Astoria for its service to the Pacific For more than six decades, Coast there, a home there. Not only were the Northwest and honors the members of Guard Group Astoria has served the lights still on and electricity still flow- the Coast Guard who have served at people of Oregon and Washington and ing to that house, but there was sheet Group Astoria over the past six dec- the Pacific Northwest. The 325 men and metal flapping in a very strong wind ades. I join with my friend Congress- women of Group Astoria are respon- there. At great risk to himself, ignor- man WU and the five cosponsors of H. sible for patrolling more than 140 miles ing the hazard posed by flying sheet Res. 1062 in honoring the service of of coastline, stretching from Queets, metal, he entered this home and found Group Astoria, the 13th District, and Washington, to Pacific City, Oregon, an elderly gentleman lying on a float- indeed of all our Coast Guard members. one of the most dangerous and beau- ing couch inside a flooded room. It I urge the adoption of the resolution tiful expanses of water in the world. takes a lot of courage to enter struc- by the House today and commend Con- The group is compromised of Station tures like that, which is to do the right gressman WU for his work on this reso- Grays Harbor in Westport, Washington; thing and to bring the citizens of Or- lution. Station Cape Disappointment in egon and Washington to safety. Madam Speaker, I reserve the bal- Ilwaco, Washington; Air Station For their extraordinary heroism, ance of my time. Astoria in Warrenton, Oregon; Aids-to- many of the aircrews involved in these Mr. COBLE. Madam Speaker, I yield Navigation Team Astoria at Tongue December 2007 rescues were awarded myself such time as I may consume. Point, Oregon; and Station Tillamook the Distinguished Flying Cross. Group Madam Speaker, House Resolution Bay in Garibaldi, Oregon. Astoria’s bravery during that storm is 1062, as indicated by the distinguished Group Astoria carries out a diverse just one example of its service to Or- chairman, recognizes the longstanding set of missions, from search and rescue egon’s north coast. It illustrates the service of Coast Guard Group Astoria to law enforcement, and from environ- selflessness and the professionalism to the people of the Pacific Northwest. mental protection to aids to navigation that gives Group Astoria its reputa- Group Astoria members, along with maintenance, but its contributions to tion. their partners at the co-located air sta- our community do not end there. Coast Madam Speaker, it is right and fit- tion, carry out search and rescue, mar- Guard members are also responsible for ting that we should recognize Coast itime homeland security, fisheries en- homeland security functions vital to Guard Group Astoria’s service to the forcement, and aids to navigation mis- our national defense. Moreover, Group Pacific Northwest. These brave men sions throughout their area of respon- Astoria personnel are ever-present sen- and women give so much to their fel- sibility. tinels guarding our coastal waterways low Americans, and they ask so little Group Astoria is one of the last of its and enabling the safe and steady flow in return. kind as the Coast Guard has consoli- of both commercial and recreational At this time, I would like to specifi- dated its personnel and mission capa- traffic. cally recognize the leadership of Cap- bilities through the establishment of I want to add as a personal note that tain Peter Troedsson, who commanded sectors. Members and assets currently I deeply appreciate the community Group Astoria during the 2007 winter assigned to Group Astoria will be com- service and community contributions storm, as well as Captain Doug Kaup, bined with other Coast Guard units to of the many individuals in Coast Guard Group Astoria’s current commander. stand up the new Sector Columbia Group Astoria that I have known over I am grateful for Coast Guard Group River in Astoria later this year, and it the past years. Astoria’s service, and I ask my col- is fitting that we celebrate Group Group Astoria continues to embody leagues to join me in recognizing their Astoria’s long history as it embarks on the Coast Guard’s motto, ‘‘Semper ongoing efforts in protecting the people this transformation. Paratus,’’ always ready, each and every of the Pacific Northwest. I urge my Madam Speaker, House Resolution day. These men and women risk their colleagues to support House Resolution 1062 gives this House the opportunity lives to ensure that those who venture 1062. to express thanks to members of Coast to sea return home and return home Mr. CUMMINGS. I yield myself such Guard Astoria and their colleagues sta- safely. time as I may consume.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2519 Madam Speaker, let me associate This August, Group Astoria will gain addi- Garcia to the Hispanic community and myself with the words of both of my tional responsibilities and will be redesignated his remarkable efforts to combat racial colleagues. Again, I want to thank Mr. as Sector Columbia River, making the title and ethnic discrimination in the WU for sponsoring the resolution. I also ‘‘Group Astoria’’ a historical name. In light of United States of America. want to thank Mr. COBLE for his serv- these planned transitions, H. Res. 1062 recog- The Clerk read the title of the con- ice, not only to the United States nizes Coast Guard Group Astoria for 60 years current resolution. Coast Guard, but to our subcommittee. of noble service and honors the brave Coast The text of the concurrent resolution He is one of our strongest members and Guard men and women who put their lives at is as follows: has tremendous passion about the risk every day for the safety and security of H. CON. RES. 222 Coast Guard. the people in the Pacific Northwest. Whereas Dr. Hector Garcia changed the As I was listening to both of them, I I thank the gentleman from Oregon for lives of Americans from all walks of life; could not help but think about the fact bringing forth this resolution to recognizing the Whereas Dr. Hector Garcia was born in Mexico on January 17, 1914, and immigrated that the Coast Guard does not always Coast Guard Group Astoria’s more than 60 to Mercedes, Texas, in 1918; get the recognition that it deserves. It years of service to the Pacific Northwest. Whereas Dr. Hector Garcia is an honored has a little bit over 41,000 members. It I urge my colleagues to join me in sup- alumnus of the School of Medicine at the is a small agency, a small organization; porting H. Res. 1062. University of Texas Medical Branch, Class of but I call them our thin blue line at Ms. RICHARDSON. Madam Speaker, I rise 1940; sea. Certainly, Coast Guard Group today in support of H. Res. 1062 that recog- Whereas Dr. Hector Garcia fought in World Astoria is typical of the men and nizes the Coast Guard Group Astoria’s more War II, specifically in North Africa and women whom I see all over our country Italy, attained the rank of Major, and was than 60 years of service to the Pacific North- awarded the Bronze Star with six battle as I travel, and I commend them on so west. stars; many things that they have done so Let me take a moment to commend Con- Whereas once the Army discovered he was well. gressman DAVID WU for bringing this resolu- a physician, Dr. Hector Garcia was asked to On that note, when we look back at tion to the floor and giving us the opportunity practice his profession by treating his fellow Katrina and at all of the agencies to commend the Coast Guard for its continued soldiers; which operated during Katrina, there is service. Whereas Dr. Hector Garcia moved to Cor- absolutely no question that the United The Coast Guard Group Astoria, based out pus Christi, Texas, after the war, and opened a medical practice; rarely charged his indi- States Coast Guard was the agency of Warrenton, Oregon, operates three Sikorsky gent patients, and was recognized as a pas- that went far beyond the call of duty, HH–60 Jayhawk helicopters as it patrols and sionate and dedicated physician; rescuing some 35,000-plus lives. Many of responds to emergencies throughout the Pa- Whereas he first became known in south these people would have perished if it cific Northwest. I know how important the Texas for his public health messages on the were not for the bravery and the cour- Coast Guard is because of its presence in the radio with topics ranging from infant diar- age of the United States Coast Guard. Port of Long Beach in the 37th District of Cali- rhea to tuberculosis; In this resolution, while we are ad- fornia, which I represent. I see on a regular Whereas Dr. Hector Garcia continued his dressing Coast Guard Group Astoria, I public service and advocacy and became basis just how hard those men and women founder of the American G.I. Forum, a Mexi- think it also says to the other mem- work to protect our coastal areas and water- can-American veterans association, which bers of the Coast Guard that we are a ways. Their presence in my district, as well as initiated countless efforts on behalf of Amer- grateful Congress and that we appre- my position on the Transportation and Infra- icans to advance opportunities in health ciate everything that they do every structure Subcommittee on Coast Guard and care, veterans benefits, and civil rights day in putting their lives on the line so Maritime Transportation, make me acutely equality; that they can continue to be our thin aware of how important the Coast Guard is to Whereas his civil rights movement would blue line at sea. then grow to also combat discrimination in our national security and safety. housing, jobs, education, and voting rights; Mr. OBERSTAR. Madam Speaker, I rise We are indebted to the men and women Whereas President Kennedy appointed Dr. today in support of H. Res. 1062, as amend- who dedicate their lives to the Coast Guard. Hector Garcia a member of the American ed, introduced by the gentleman from Oregon These brave men and women, such as those Treaty Delegation for the Mutual Defense (Mr. WU), recognizing the Coast Guard Group who have spent the last 60 years working for Agreement between the United States and Astoria’s more than 60 years of service to the Coast Guard Astoria, are ready and willing to the Federation of the West Indies; Pacific Northwest. serve their country in whatever way nec- Whereas in 1967, President Lyndon Johnson With 325 Coast Guard personnel and six essary. I support this resolution and urge my appointed Dr. Hector Garcia as alternate am- units, Group Astoria’s area of responsibility bassador to the United Nations where he colleagues to do the same. gave the first speech by an American before encompasses over 140 miles of coastline be- Mr. CUMMINGS. Madam Speaker, I the United Nations in a language other than tween Queets, Washington, and Pacific City, yield back the balance of my time. English; Oregon. Group Astoria conducts numerous The SPEAKER pro tempore. The Whereas Dr. Hector Garcia was named missions, such as search and rescue, aids-to- question is on the motion offered by member of the Texas Advisory Committee to navigation, homeland security, and enforce- the gentleman from Maryland (Mr. the United States Commission on Civil ment of laws and treaties. CUMMINGS) that the House suspend the Rights; Each year, Coast Guard Group Astoria re- rules and agree to the resolution, H. Whereas President Reagan presented Dr. Hector Garcia the Nation’s highest civilian ceives more than 800 distress calls, assists Res. 1062, as amended. award, the Medal of Freedom, in 1984 for over 1,700 mariners and save approximately The question was taken. meritorious service to his country, the first 100 people from perishing at sea. Since 2003, The SPEAKER pro tempore. In the Mexican-American to receive this recogni- Group Astoria has saved over 500 lives and opinion of the Chair, two-thirds being tion; and assisted more than 10,000 recreational boat- in the affirmative, the ayes have it. Whereas Pope John Paul II recognized him ers and commercial mariners in distress. Mr. CUMMINGS. Madam Speaker, on with the Pontifical Equestrian Order of Pope Since 2003, Group Astoria had conducted that I demand the yeas and nays. Gregory the Great: Now, therefore, be it over 1,200 Living Marine Resource missions Resolved by the House of Representatives (the The yeas and nays were ordered. Senate concurring), That Congress— to ensure commercial fishing vessels are not The SPEAKER pro tempore. Pursu- (1) encourages— over-fishing in certain areas, conserving ma- ant to clause 8 of rule XX and the (A) teachers of primary schools and sec- rine resources for future generations. Chair’s prior announcement, further ondary schools to launch educational cam- Air Station Astoria assets provide coverage proceedings on this motion will be paigns to inform students about the lifetime and respond to offshore distress calls up to postponed. of accomplishments by Dr. Hector Garcia; and the Canadian border and down to northern f California. In December 2007, crews from Air (B) all people of the United States to edu- Station Astoria flew 28 sorties in 130 knot RECOGNIZING DR. HECTOR GARCIA cate themselves about the legacy of Dr. Hec- Mr. CONYERS. Madam Speaker, I tor Garcia; and winds during the Pacific Northwest winter (2) recognizes the leadership and historical storm saving 136 people. Air Station Astoria move to suspend the rules and agree to contributions of Dr. Hector Garcia to the also provides assistance to the Air Force Res- the concurrent resolution (H. Con. Res. Hispanic community and his remarkable ef- cue Coordination Center and other local re- 222) recognizing the leadership and his- forts to combat racial and ethnic discrimina- sponders with inland search and rescue. torical contributions of Dr. Hector tion in the United States of America.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2520 CONGRESSIONAL RECORD — HOUSE April 14, 2010 The SPEAKER pro tempore. Pursu- In the Army, Dr. Garcia served dur- three times a week with a Spanish pro- ant to the rule, the gentleman from ing World War II as an infantryman, as gram, ‘‘Your Health and Welfare.’’ Dur- Michigan (Mr. CONYERS) and the gen- a combat engineer, and as a medical ing this time, he struggled to bring at- tleman from Texas (Mr. SMITH) each doctor. He earned the Bronze Star tention to severe illnesses such as tu- will control 20 minutes. medal with six battle stars for his dis- berculosis, which enabled the public to The Chair recognizes the gentleman tinguished service; but his public serv- become better educated about its from Michigan. ice did not end there. Dr. Garcia found- health needs. His messages brought to GENERAL LEAVE ed the American GI Forum in 1948, light the many health issues of the re- Mr. CONYERS. I ask unanimous con- which fights for equal treatment of gion and the glaring poverty in south sent that all Members have 5 legisla- Mexican American veterans in medical Texas. tive days to revise and extend their re- care and educational benefits. b 1145 marks and to include extraneous mate- President Lyndon Johnson made Dr. rials on the resolution under consider- Garcia the first Mexican American to A man of tremendous talents, Dr. ation. serve as an ambassador to the United Garcia prized education and fought for other Americans to also value edu- The SPEAKER pro tempore. Is there Nations. He also became the first His- cation. In the 1940s, he struggled to objection to the request of the gen- panic to serve on the United States abolish the one-room segregated tleman from Michigan? Commission on Civil Rights; and in ‘‘Mexican schools’’ that one would find There was no objection. 1984, President Ronald Reagan be- across the Texas landscape. As a result Mr. CONYERS. I yield myself such stowed upon Dr. Garcia the Presi- of this example of leadership, Texas time as I may consume. dential Medal of Freedom. Madam Speaker, this resolution was schools in Corpus Christi were eventu- I urge all of my colleagues to join me brought to the Judiciary Committee’s ally desegregated, substandard schools in supporting this resolution. OLOMON RTIZ for children of Mexican and Latino de- attention by our friend S O Madam Speaker, I yield back the bal- scent were closed, and students who of Texas, which recognizes the leader- ance of my time. ship and historical contributions of Dr. Mr. CONYERS. Madam Speaker, I previously did not have access to ade- Hector Garcia to the Hispanic commu- yield as much time as he may consume quate education were given the same nity and to the Nation in his remark- opportunities available to others. Be- to the gentleman from Texas, SOLOMON able efforts to combat racial and eth- cause of these efforts, four schools are ORTIZ, whom we recognize as the dean nic discrimination. Dr. Garcia was born named after him in Texas and one in of the Hispanic Caucus and whom I in Mexico, and his family settled in Chicago, Illinois. thank for bringing to our attention Mercedes, Texas. So this concurrent Perhaps most significantly, he this great Texan and American. resolution recognizes the leadership emerged as founder of the GI Forum, a Mr. ORTIZ. Thank you, Chairman and historical contributions of this Mexican American veterans associa- CONYERS, for giving a beautiful descrip- great American. tion to redress the injustices experi- It is singularly important to me that tion of my good friend Dr. Garcia, and enced by returning World War II vet- he graduated from a segregated high thank you for bringing this to the erans. The GI Forum initiated count- school in Texas. Segregated how? Well, floor. less efforts on behalf of Americans in I also want to thank my good friend it was segregated because Hispanics the areas of health care and veterans could not go to the schools that every- from Texas (Mr. SMITH) for bringing benefits, and now have more than body else went to. Of course, African this resolution to the floor. 160,000 members in 500 chapters in 24 Madam Speaker, I rise to honor an Americans couldn’t either, so I guess States and Puerto Rico. His civil rights American hero who is very well re- they had two levels of segregation. movements would then grow to combat Eventually, he got through the Univer- spected in the community. Today, we discrimination in housing, in edu- sity of Texas, and then became a doc- honor the life and work of Dr. Hector cation, and in voting rights. tor. During World War II, he was a P. Garcia, who is a recognized leader of In recognition of these achievements, combat engineer, which is a field of the better health care for all Texans and President John F. Kennedy appointed military that I, too, served in. The who is a legendary civil rights advo- Dr. Garcia a member of the American rest, as they say, is history. cate and promoter of education for His- Treaty Delegation for the Mutual De- It is my intention to yield to our col- panics. fense Agreement between the United league Mr. ORTIZ, who has more detail My resolution, H. Con. Res. 222, hon- States and the Federation of the West that we can add to this, though, ors a lifetime of the extraordinary Indies. As President Kennedy once said Madam Speaker, at this moment, I re- achievements of Dr. Hector P. Garcia, in another context, ‘‘In each of us, serve the balance of my time. who lived and worked in my congres- there is a private hope and dream Mr. SMITH of Texas. I yield myself sional district in Corpus Christi, Texas, which, when fulfilled, can be translated such time as I may consume. for many years. into benefits for everyone.’’ Dr. Garcia Madam Speaker, first of all, I want Dr. Garcia’s family emigrated from understood this uplifting concept as he to thank my Texas colleague Mr. ORTIZ Mexico in 1914 and settled in Mercedes, fought discrimination against the for introducing this resolution. It re- Texas. After graduating from medical voiceless, for which we should all be flects well on him and on a wonderful school, he served with great distinction proud of. individual who has contributed so in World War II. He attained the rank In 1967, President Lyndon B. Johnson much. of major and earned the Bronze Star appointed Dr. Garcia as alternate am- I support House Concurrent Resolu- with six battle stars. When the Army bassador to the United Nations, where tion 222, which recognizes the leader- learned that Dr. Garcia was a physi- he gave the first speech by an Amer- ship and the historical contributions of cian, he was asked to practice his pro- ican before the United Nations in a lan- Dr. Hector Garcia. My colleague in the fession by treating his fellow soldiers. guage other than English. Dr. Garcia other body, Senator CORNYN of Texas, When he moved to Corpus Christi, he spoke Spanish to a captivated audi- sponsored a similar resolution during opened a private practice where he ence. the last Congress, and I am glad to see treated all patients regardless of their President Reagan presented Dr. Gar- that it is being considered in the House ability to pay. I was there many times cia the Nation’s highest civilian award, this year. when people just didn’t have any the Presidential Medal of Freedom, in In 1914, Hector Garcia was born in money. He was able to give them what 1994 for his tremendous service to this Llera, which is a small town in Mexico. they needed free of charge. He was a country, the first Mexican American to As a child, he was brought to Mercedes, very honorable man, and he turned receive that distinction. Texas, after his parents fled the Mexi- down profit to make a better life for all Americans should do all they can to can Revolution in 1917. He graduated of us, not only in south Texas but learn about Dr. Garcia. He dedicated from the University of Texas Medical throughout the United States. his life to the less fortunate, and will School in 1940 and used that education Dr. Garcia first became known in always be remembered for giving so to serve his country in the United south Texas for his public health mes- much of himself for this country and States Army. sages on the radio. He was on the air for all of us.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2521 Mr. CONYERS. Madam Speaker, I am Dr. Garcia also believed that every child erans. Dr. Garcia’s strong advocacy and ex- pleased to yield 3 minutes to Mr. CHET should have equal access to education and traordinary work made him the recipient of na- EDWARDS of Texas, a real leader on im- that everyone deserved health care. He per- tional and international recognition, including proving relations not just in Texas but sonally treated hundreds of indigent patients the Nation’s highest civilian award in 1984, the across the country. regardless of their ability to pay. Presidential Medal of Freedom, and the Mr. EDWARDS of Texas. Madam Dr. Garcia’s life and work continue to be an Equestrian Order of Pope Gregory the Great Speaker, let me begin by thanking the inspirational force for many, especially in deep from Pope John Paul II in 1990. chairman for his kind comments and South Texas. Dr. Garcia’s leadership, advocacy, work and for his leadership for our country. His tireless advocacy for civil rights has commitment to Hispanic American civil rights Madam Speaker, America is a better benefitted all in the United States who view equality, access to health care, and the fair country today because of the life and equality as a fundamental component of our treatment of the government’s institutions to its service of Dr. Hector P. Garcia. And we Great Nation. citizens regardless of race and ethnicity con- will be a better country tomorrow if I am honored that I can stand here today stitute his legacy, and his invaluable contribu- every school child hears his story. It is and urge my colleagues to pass this resolution tion to the proud history of our great nation. the story of an immigrant child who recognizing the remarkable achievements of I commend the life and legacy of Dr. Hector worked hard, became a physician, and this great American. Garcia and his contribution to the Hispanic dedicated his entire life to his family Mr. GENE GREEN of Texas. Madam community in the United States of America, and service to country. It is a story Speaker, I rise today in support of H. Con. and I strongly encourage my colleagues to that one person can make a difference. Res. 222—Recognizing the leadership and support this important resolution. It is a story of the timeless values of historical contributions of Dr. Hector P. Garcia Mr. CONYERS. Madam Speaker, I hard work and service to others. It is to the Hispanic community and his remarkable have no further requests for time, and the quintessential American story of efforts to combat racial and ethnic discrimina- I yield back the balance of my time. love of country, expressed through a tion in the United States. Dr. Garcia was born The SPEAKER pro tempore (Ms. lifetime of service to others. in Mexico, in 1914, but his family fled the DEGETTE). The question is on the mo- One of the greatest privileges of my Mexican Revolution and immigrated to Mer- tion offered by the gentleman from lifetime was to know Dr. Hector Gar- cedes, Texas. His is an inspirational story of Michigan (Mr. CONYERS) that the House cia. He left the world a better place, the possibilities the American Dream holds for suspend the rules and agree to the con- and his life story continues to inspire immigrants. Through hard work and persever- current resolution, H. Con. Res. 222. everyone who hears it. And it is my ance, he became a surgeon and served his The question was taken. hope that every school child in Amer- country in World War II Dr. Garcia’s experi- The SPEAKER pro tempore. In the ica will hear his story, a true champion ences after his return from the war led him to opinion of the Chair, two-thirds being of our Nation’s never-ending quest for found the American GI Forum in Corpus in the affirmative, the ayes have it. equal opportunity for all. Christi, Texas. Mr. CONYERS. Madam Speaker, I ob- As a child growing up in Corpus Dr. Garcia began helping Mexican-American ject to the vote on the ground that a Christi, Texas, Dr. Garcia’s hometown, veterans file claims with the Veterans’ Admin- quorum is not present and make the I lived on the same block. At the time, istration, in response to the unacceptably slow point of order that a quorum is not I did not know he was a World War II treatment they were receiving. On March 26, present. hero who earned a Bronze Star and the 1948. he called a meeting to address the con- The SPEAKER pro tempore. Pursu- rank of major. I did not know this cerns of these veterans. This developed into ant to clause 8 of rule XX and the champion in the cause of American’s the American GI Forum, which soon had Chair’s prior announcement, further Hispanic veterans. Yet as I grew older chapters in 40 Texas cities and became the proceedings on this motion will be and learned of Dr. Garcia’s heroic life- way by which Mexican-American veterans postponed. time of service on the battlefields of could express their frustration with the dis- The point of no quorum is considered war, in the halls of Congress, and in crimination against-them. withdrawn. the offices of his medical practice, his And so it is with great pleasure that I recog- f life’s story became an inspiration that nize Dr. Hector P. Garcia, for his service to led me to public service. our country and to the Mexican-American WASHINGTON METROPOLITAN Had it not been for Dr. Hector, as we community, and I support this resolution. AREA TRANSIT REGULATION called him, I probably would not be in Mr. JOHNSON of Georgia. Madam Speaker, COMPACT AMENDMENTS Congress today. For that I am person- I rise today to proudly support H. Con. Res. Mr. CONYERS. Madam Speaker, I ally grateful. But I am even more 222 introduced in the House of Representa- move to suspend the rules and pass the grateful for how he made a difference tives by Mr. ORTIZ. H. Con. Res. 222 recog- joint resolution (S.J. Res. 25) granting in our Nation’s history. May God bless nizes the leadership and lifelong contributions the consent and approval of Congress and forever keep in his loving arms Dr. of Dr. Hector Garcia to the Hispanic commu- to amendments made by the State of Hector P. Garcia. nity and his remarkable work on important Maryland, the Commonwealth of Vir- Mr. HINOJOSA. Madam Speaker, I rise issues such as civil rights, health care, veteran ginia, and the District of Columbia to today in support of H. Con. Res. 222, a reso- benefits, the struggle for racial equality, and the Washington Metropolitan Area lution that recognizes the life and contributions ethnic discrimination in the United States of Transit Regulation Compact. of Dr. Hector P. Garcia. America. The Clerk read the title of the joint In 1917, at the age of 3, Dr. Garcia immi- Dr. Hector Garcia was born in the city of resolution. grated to my hometown of Mercedes, Texas, Llera in Tamaulipas, Mexico, on January 17, The text of the joint resolution is as with his family, where he graduated from my 1914. He is the son of two schoolteachers follows: alma mater, Mercedes High School. who legally immigrated to Mercedes, Texas, to S.J. RES. 25 Despite the social injustices that pervaded escape from the violence of the Mexican Rev- the United States, like those that forced him to olution in the early 1900s. He graduated in Whereas the State of Maryland, the Com- monwealth of Virginia, and the District of attend segregated schools, he earned his 1940 from the School of Medicine at the Uni- Columbia entered into the Washington Met- medical degree from the University of Texas versity of Texas Medical Branch, and in 1942 ropolitan Area Transit Regulation Compact Medical School. volunteered for combat in the Army during in 1960 with the consent of Congress in Pub- He served the nation as a commissioned of- World War II. In 1946, after the war, he and lic Law No. 86–794, 74 Stat. 1031; ficer in World War II. After the war, he re- his family returned to Texas and settled in Whereas the State of Maryland, the Com- turned to Texas and continued his medical Corpus Christi, where he became the presi- monwealth of Virginia, and the District of practice. His decision to fight for civil rights dent of the League of United Latin American Columbia amended titles I and II of the Com- was spurred by the gross injustice and in- Citizens (LULAC). While in Corpus Christi, Dr. pact in 1962 and 1990 with the consent of Con- gress in Public Law No. 87–767, 76 Stat. 764, equality he witnessed in the United States, Garcia opened a private practice to treat ill and Public Law No. 101–505, 104 Stat. 1300, re- Particularly in the treatment of Hispanic vet- people regardless of their ability to afford spectively; erans returning from the war. He founded the health care and he founded the American GI Whereas legislation enacted by the State American GI Forum to help give these His- Forum to address VA’s discrimination and the of Maryland (2008 Md. Laws c. 32 and 2009 Md. panic veterans a voice. right to equality of Hispanic American vet- Laws c. 76) the Commonwealth of Virginia

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2522 CONGRESSIONAL RECORD — HOUSE April 14, 2010 (2007 Va. Acts c. 378 and 2009 Va. Acts c. 540) This jurisdiction comes to the Judici- bill (H.R. 1258) to amend the Commu- and the District of Columbia (D.C. Act 17– ary Committee under the commerce nications Act of 1934 to prohibit manip- 622) contain amendments to article III of clause, which says that all compacts ulation of caller identification infor- title I of the Compact regarding appoint- must come through the committee. mation, and for other purposes, as ment of members to the Washington Metro- The Public Service Commission of the politan Area Transit Commission; and amended. Whereas the consent of Congress is re- District of Columbia is being replaced The Clerk read the title of the bill. quired in order to implement such amend- with the District of Columbia agency The text of the bill is as follows: ments: Now, therefore, be it with oversight of matters relating to H.R. 1258 Resolved by the Senate and House of Rep- the commission. The State Corporation Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Commission of the Commonwealth of resentatives of the United States of America in Congress assembled, Virginia is being replaced with the Congress assembled, SECTION 1. CONSENT OF CONGRESS TO COM- Commonwealth’s Department of Motor SECTION 1. SHORT TITLE. PACT AMENDMENTS. Vehicles. This Act may be cited as the ‘‘Truth in Caller (a) CONSENT.—Consent of Congress is given There are a number of our colleagues ID Act of 2010’’. to the amendments of the State of Maryland, in the Senate that should be thanked the amendments of the Commonwealth of SEC. 2. PROHIBITION REGARDING MANIPULA- TION OF CALLER ID INFORMATION. Virginia, and the amendments of the District for helping expedite this matter: Sen- of Columbia to article III of title I of the ators CARDIN, MIKULSKI, MARK WAR- Section 227 of the Communications Act of 1934 Washington Metropolitan Area Transit Reg- NER, and JIM WEBB. We are grateful to (47 U.S.C. 227) is amended— (1) by redesignating subsections (e), (f), and ulation Compact. them all. (g) as subsections (f), (g), and (h), respectively; (b) AMENDMENTS.—The amendments re- I urge my colleagues to support this ferred to in subsection (a) are substantially resolution because it is obviously in and (2) by inserting after subsection (d) the fol- as follows: the interests of all that this commis- (1) Section 1(a) is amended to read as following new subsection: sion be governed by a three-member ‘‘(e) PROHIBITION ON PROVISION OF DECEPTIVE lows: board with one representative each CALLER ID INFORMATION.— ‘‘(a) The Commission shall be composed of from the District of Columbia, the 3 members, 1 member appointed by the Gov- ‘‘(1) IN GENERAL.—It shall be unlawful for ernor of Virginia from the Department of Commonwealth of Virginia, and the any person within the United States, in connec- Motor Vehicles of the Commonwealth of Vir- State of Maryland. I urge its support. tion with any real time voice communications ginia, 1 member appointed by the Governor I reserve the balance of my time. service, regardless of the technology or network of Maryland from the Maryland Public Serv- Mr. SMITH of Texas. Madam Speak- utilized, to cause any caller ID service to trans- ice Commission, and 1 member appointed by er, it is always nice to agree with the mit misleading or inaccurate caller ID informa- the Mayor of the District of Columbia from Chairman of the Judiciary Committee. tion, with the intent to defraud or deceive. ‘‘(2) PROTECTION FOR BLOCKING CALLER ID IN- a District of Columbia agency with oversight I too support Senate Joint Resolution FORMATION.—Nothing in this subsection may be of matters relating to the Commission.’’. 25. construed to prevent or restrict any person from (2) Section 1 is amended by inserting at the This resolution grants Congress’ approval to blocking the capability of any caller ID service end the following: amendments that the State of Maryland, the ‘‘(d) An amendment to section 1(a) of this to transmit caller ID information. article shall not affect any member in office Commonwealth of Virginia and the District of ‘‘(3) REGULATIONS.— ‘‘(A) DEADLINE.—Not later than 6 months on the amendment’s effective date.’’. Columbia have made to the Washington Met- after the date of enactment of this subsection, SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL. ropolitan Area Transit Regulation Compact. Under the amendments, the District of Co- the Commission shall prescribe regulations to The right to alter, amend, or repeal this implement this subsection. Act is expressly reserved. lumbia may appoint its member of the Wash- ‘‘(B) CONSIDERATION OF RELATED REGULA- ington Metropolitan Area Transit Commission SEC. 3. CONSTRUCTION AND SEVERABILITY. TIONS.—In conducting the proceeding to pre- It is intended that the provisions of this from any District agency with oversight of mat- scribe the regulations required by subparagraph compact shall be reasonably and liberally ters relating to the commission. (A), the Commission shall examine whether the construed to effectuate the purposes thereof. The District is thus freed from the require- regulations under subsection (b)(2)(B) should be If any part or application of this compact, or ment to appoint its member from the District’s revised to require calls that are not made for a legislation enabling the compact, is held in- Public Service Commission, which no longer commercial purpose to residential telephone valid, the remainder of the compact or its has responsibility for affairs regulated by the lines using an artificial or prerecorded voice to application to other situations or persons Washington Metropolitan Area Transit Com- deliver a message to transmit caller ID informa- shall not be affected. mission. tion that is not misleading or inaccurate. SEC. 4. INCONSISTENCY OF LANGUAGE. Similarly, the amendments allow Virginia to ‘‘(4) LAW ENFORCEMENT EXCEPTION.—This sec- The validity of these amendments to the appoint its commission member from the Vir- tion does not prohibit lawfully authorized inves- compact shall not be affected by any insub- tigative, protective, or intelligence activity of a stantial differences in its form or language ginia Department of Motor Vehicles, rather law enforcement agency of the United States, a as adopted by the State of Maryland, Com- than the State’s Corporation Commission. State, or a political subdivision of a State, or of monwealth of Virginia and District of Co- The amendments perform a desirable piece an intelligence agency of the United States, or lumbia. of housekeeping regarding the compact. All of any activity authorized under chapter 224 of SEC. 5. EFFECTIVE DATE. the jurisdictions that are party to the compact title 18, United States Code. This Act shall take effect on the date of have agreed to the amendments. ‘‘(5) SAVINGS PROVISION.—Except as provided enactment of this Act. I urge all Members to support the resolution, for in paragraph (3)(B), nothing in this sub- The SPEAKER pro tempore. Pursu- which aids the operation of this important section may be construed to affect or alter the interstate body. application of the Commission’s regulations re- ant to the rule, the gentleman from garding the requirements for transmission of Michigan (Mr. CONYERS) and the gen- I yield back the balance of my time. Mr. CONYERS. I yield back the bal- caller ID information, issued pursuant to the tleman from Texas (Mr. SMITH) each Telephone Consumer Protection Act of 1991 will control 20 minutes. ance of my time. The SPEAKER pro tempore. The (Public Law 102–243) and the amendments made The Chair recognizes the gentleman by such Act. question is on the motion offered by from Michigan. ‘‘(6) DEFINITIONS.—For purposes of this sub- the gentleman from Michigan (Mr. section: GENERAL LEAVE CONYERS) that the House suspend the ‘‘(A) CALLER ID INFORMATION.—The term Mr. CONYERS. Madam Speaker, I rules and pass the joint resolution, S.J. ‘caller ID information’ means information pro- ask unanimous consent that all Mem- Res. 25. vided to an end user by a caller ID service re- bers have 5 legislative days to revise The question was taken; and (two- garding the name or the telephone number of and extend their remarks and include thirds being in the affirmative) the the caller or other information regarding the extraneous material on the resolution rules were suspended and the joint res- origination of a call made using any real time under consideration. olution was passed. voice communications service, regardless of the The SPEAKER pro tempore. Is there A motion to reconsider was laid on technology or network utilized. objection to the request of the gen- ‘‘(B) CALLER ID SERVICE.—The term ‘caller ID the table. service’ means any service or device designed to tleman from Michigan? f provide the user of the service or device with the There was no objection. TRUTH IN CALLER ID ACT OF 2010 name or the telephone number of the caller or Mr. CONYERS. Madam Speaker, I other information regarding the origination of a yield myself as much time as I may Mr. BOUCHER. Madam Speaker, I call made using any real time voice communica- consume. move to suspend the rules and pass the tions service, regardless of the technology or

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2523 network utilized. Such term includes automatic fore, using caller ID spoofing to protect poses only, these services can be easily number identification services.’’. the location of a victim of domestic vi- accessed and used by criminals. The SPEAKER pro tempore. Pursu- olence is not deceptive, and would be Caller ID spoofing has emerged as a ant to the rule, the gentleman from allowed under the provisions of the bill useful tool for identifying thieves and Virginia (Mr. BOUCHER) and the gen- now under consideration. other scam artists. In addition, many tleman from Florida (Mr. STEARNS) This measure on previous occasions, business functions, from credit card each will control 20 minutes. in fact in the two previous Congresses, verification to automatic call routing, The Chair recognizes the gentleman has been approved in the House on the simply depend on caller ID for security from Virginia. suspension calendar. A similar measure purposes, which spoofing can render GENERAL LEAVE in this Congress has been approved by useless. So, Madam Speaker, these ne- Mr. BOUCHER. Madam Speaker, I the Senate. I look forward to advanc- farious actions are the target of this ask unanimous consent that all Mem- ing this legislation today, and I want bill. bers have 5 legislative days to revise to say thank you to Mr. ENGEL, to Mr. As you can see, this is a serious issue and extend their remarks on the legis- BARTON, to my colleague and friend on with far-reaching ramifications and lation currently under consideration. the Commerce Committee, Mr. implications for both consumers and The SPEAKER pro tempore. Is there STEARNS, and other members of our for all businesses. This is an important objection to the request of the gen- committee who on a bipartisan basis bill, and I urge its passage. tleman from Virginia? have contributed to the construction of I reserve the balance of my time. There was no objection. this measure and advancing it to the Mr. BOUCHER. Mr. Speaker, I yield Mr. BOUCHER. Madam Speaker, I floor today. I urge approval of the bill. such time as he may consume to the yield myself such time as I may con- I reserve the balance of my time. primary author of the legislation, one sume. Mr. STEARNS. Madam Speaker, I of our Commerce Committee col- Today the House considers H.R. 1258, yield myself such time as I may con- leagues, the gentleman from New York the Truth in Caller ID Act. This meas- sume. (Mr. ENGEL). ure was introduced by our colleagues I rise in strong support of this bill. Mr. ENGEL. I thank the gentleman Mr. ENGEL and Mr. BARTON, the rank- As the chairman of the Telecommuni- for yielding to me. ing member of our Committee on En- cations Subcommittee has indicated, Mr. Speaker, I stand today in strong ergy and Commerce. It would direct this has passed twice before. We are support of my legislation, the Truth in the Federal Communications Commis- coming here hoping that the Senate Caller ID Act. But before I begin, I sion to prohibit caller ID spoofing, will take it up and pass it. It is a very want to first thank my friend and the through which a caller falsifies the good bill. The gentleman from New lead Republican on the Energy and original caller ID information during York has offered this bill. Commerce Committee, Ranking Mem- the transmission of a call with the in- ber JOE BARTON. I also want to thank tent to defraud or to deceive. b 1200 the chairman of the Energy and Com- Typically, caller ID spoofing involves The bill is called the Truth in Caller merce Committee, HENRY WAXMAN, as a caller changing the number that ID Act, and obviously it’s going to pass well as the staff for being so accommo- would show on the call recipient’s call- overwhelmingly today. dating in getting this bill to the floor er ID when that call is received. Spoof- Millions of Americans use caller ID today. And I want to thank my friend ing has been possible for a number of to secure greater privacy for their fam- Mr. BOUCHER, who has helped in bring- years, but it has generally required ilies. Yet as new technologies continue ing this bill to the floor, and my friend very expensive equipment in order to to be developed, a very simple decep- and classmate Mr. STEARNS, who quite change the outgoing call information. tive practice called ‘‘caller ID spoof- correctly said this is about as bipar- But with the growth of voice over IP ing’’ has simply become a growing tisan a piece of legislation as you can telephoning, spoofing has become easi- problem for consumers and also for get. This legislation has been devel- er, and it has become less expensive, businesses. Caller ID spoofing occurs oped in an extremely bipartisan man- and a number of Web sites now are of- when a caller masquerades as someone ner, and I want to thank and commend fering spoofing services. So its preva- else by falsifying the number that ap- everybody who worked on it. lence, unfortunately, is growing. That pears on the recipient’s caller ID dis- I introduced this bill, Mr. Speaker, growth and the volume of spoofing play. Now, you say, is this difficult? because we needed an immediate makes necessary the legislation under No, it isn’t. Caller ID spoofing can change in our laws to help prevent consideration presently. make a caller appear to come from any identity theft, to crack down on fraud- The proliferation of spoofing tech- phone number the caller so desires. ulent phone calls, and to protect legiti- nologies and services means that those Unfortunately, under current FCC mate uses of caller ID technology. I who want to deceive others by manipu- regulations, there is no requirement first found out about this just simply lating caller ID can now do so with rel- that all callers transmit accurate call- by reading an article; and when I real- ative ease. Spoofing threatens a num- er ID information. In fact, there is ized that this is actually something ber of existing business applications, nothing that prohibits a deceptive ma- that could be done, I was flabbergasted. including credit card verification and nipulation of caller ID. This bill will go I went over to Mr. BARTON, who at the automatic call routing, because these a long way in stemming the tide of time was the chair of the full com- systems rely on the telephone number caller ID spoofing by making it illegal mittee, and I said, JOE, something real- as identified by the caller ID system as to transmit misleading or inaccurate ly needs to be done about this and one piece of verification and authen- caller ID information while providing would you work with me on it? And he tication information. reasonable exemptions for law enforce- said he would and he agreed and every- At other times, however, spoofing ment activities. body agrees. And the House has passed may be used to protect individuals. I Madam Speaker, the increasing use this bill time and time again, and we would note an example of domestic vio- of Internet telephone services has made hope we can get it passed in both lence shelters that sometimes use it easier for people to make any num- Houses and get it signed. spoofing to mask the identity of the ber, any number, appear as a caller ID. Last year, the facts are stark, over caller in order to protect that caller’s In addition, several Web sites have 6,000 people were victimized by credit safety. By prohibiting the use of caller sprung up to provide caller ID spoofing card fraud and identity theft. Crimi- ID spoofing only where the intent is to services, eliminating the need for any nals stole over $15 million from banks defraud or deceive, this measure will special hardware. So think of that. En- and ruined the credit of thousands of address nefarious uses of the tech- trepreneurship of these spoofers now victims. They were able to perpetrate nology while continuing to allow those has sprung to such a point that they this fraud in some instances by using legitimate uses. In the domestic vio- can provide it on their Web sites. Al- caller ID spoofing. This disturbing fact lence shelter situation, there is no in- though these caller ID spoofing serv- about spoofing is not just that it’s tent to cause harm, which is an ele- ices promote themselves for use in legal but how easy it is to carry out. ment of the crime of deception. There- prank calls or for entertainment pur- Criminals use a tool called a ‘‘spoof

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2524 CONGRESSIONAL RECORD — HOUSE April 14, 2010 card’’ to change their outgoing caller outlaws the deceptive use of caller ID tisan mode, and we have done that ID and even to disguise their voices. spoofing technology if the intention of with regard to this measure. We will do Now, if you see a caller ID and you see a caller is to deceive and harm the re- it with regard to the measure that will it has a phone number, most people cipient of a call. And, again, through shortly be considered. think that it’s ironclad that that’s the the hearings we have had, we have re- I also want to commend the gen- actual phone number that’s calling fined this bill; and that’s why it has tleman from New York for his persist- them when in truth it’s not. This tech- such strong bipartisan support. ence in bringing this important meas- nology even allows people to disguise Let say this bill does not change the ure to the House now for the third their voice in order to trick banks into rules for legitimate uses of a tech- time. I very much hope, as I know he giving them access to their victims’ ac- nology. For example, a domestic abuse does, that we will be successful in hav- counts. So a man can do that and have shelter will still be able to change their ing the measure pass through and his voice change into a woman’s voice number on caller ID to protect the oc- signed into law. and vice versa. cupants of the shelter, and I also gave Mr. GENE GREEN of Texas. Mr. Speaker, So it’s absolutely deceptive, abso- the example about what we do here in I rise in strong support of H.R. 1258, the Truth lutely scary, and dangerous; and this Congress. in Caller ID Act, an important bill, and one I tool is available to anyone with access So I am pleased that this bill passed have taken an interest in as we have worked to a Web browser. So it’s just ridicu- the House in the 109th and 110th Con- on it over the last several Congresses in the lous. The technology has gotten so far gresses, and I look forward to its pas- Energy and Commerce Committee. sage again today. I strongly urge my ahead of us, we need to have these Caller ID is a great benefit to millions of colleagues to support the Truth in kinds of laws to simply catch up. Americans by giving them more control over Now, no one can dispute that this Caller ID Act and outlaw this type of their telephones and who and when they talk legislation is necessary. Last year, a fraud once and for all. on the phone. person in New York called a pregnant Mr. STEARNS. Mr. Speaker, I yield woman whom she viewed as her roman- myself such time as I may consume. Like many technological advances, caller ID tic rival. Spoofing the phone number of Let me just comment a little bit fur- is a benefit, but bad actors can take advan- the woman’s pharmacist, she tricked ther. The gentleman from New York tage of it and turn the technology against the the woman into taking a drug used to mentioned some specific examples. people it is supposed to help. cause an abortion. I use it because it’s There is another example that is used We want certain people to be able to mask one of the horrible examples; and there in political campaigns he perhaps caller ID information for good purposes, like are many, many more horrible exam- knows about where people can use protecting abused women and children or ples of how this is used. spoofing to call different homes in robo anonymous whistleblowers, but we do not And just think about it. Someone phone banking that calls and go around want people to be able to do it for deceptive could be tricked into giving up per- the congressional district as a fake and purposes. sonal medical information. Someone wake people up at 2 or 3 in the morning Last Congress, I had some concern that the could be tricked to giving up banking and people think this is coming from bill language did not go far enough to address information. If someone hears that it is someone who it is not, and this has an issue that arose in Texas with robocalls their doctor calling and they take a happened on both sides of the aisle. So that were using misleading caller ID informa- look at the number and they see it’s this would prevent that. So I think it tion, and I worked with Mr. ENGEL on an their doctor’s number, they would give hits a little closer to home when you amendment to address that. out personal information, credit card talk about it in those terms. Every election year, there are reports of information, even Social Security iden- The other point that has been a con- abusive or deceptive political robocalls and re- tification. cern is why has this bill not passed? I cently reports claim some of these calls are So caller ID fraud has even been used think the question has always been using deceptive caller ID information. to prank call the constituents of a some kind of legal questions, whether We don’t want to limit anyone’s political Member of this body with the caller ID there is liability involved for the phone speech, but why should we allow someone to readout saying it came from that Mem- company or anyone that transmits this call voters with fake caller ID info claiming ber’s office. Just imagine if people information to a consumer or con- they are from the local Democratic or Repub- committed this fraud in the days lead- stituent through this illegal act of lican Party when they are not? ing up to a close election. You can call spoofing. And we are able to change We also do not want these automated calls and you can say you are from one can- that language, through bipartisanship, to use innocent businesses’ caller ID info didate’s camp when you are really from both sides, to try and make it—for ex- which causes people to blame innocent busi- the other candidate’s camp. And when ample, if a phone company, not know- nesses instead of the real source for the calls. someone looks down at the phone num- ing, and how would they know, trans- I applaud the bill’s sponsor for strengthening ber, they see it’s from candidate A and mits the information, are they going to the language to prevent this kind of deception they think it’s legitimate, and it’s be liable for this, to be sued? Well, we during the Committee process. really from candidate B. So imagine worked it out that their not knowing, I strongly support this bill, and I urge my what kind of trouble can happen, what then they should not be liable for this. colleagues to join me in voting for it. kind of mischief can be done. So this So I think that’s important that this Mr. BOUCHER. Mr. Speaker, I have really, again, needs to be curtailed. bill now has language that represents no further requests for time, and I So, as everyone has said, in response bipartisanship agreement so that the yield back the balance of my time. to this problem, Mr. BARTON and I have passage of this bill should be assured, I introduced the Truth in Caller ID Act. think, this time. So this should be the The SPEAKER pro tempore. The Simply, this bill outlaws the deceptive third and last time we’re doing this. question is on the motion offered by use of caller ID spoofing technology if And in the end, I think it will be good the gentleman from Virginia (Mr. BOU- the intention of the caller is to deceive for Americans to understand that this CHER) that the House suspend the rules and harm the recipient of the call. is an illegal activity and we want to and pass the bill, H.R. 1258, as amend- And let me say we developed that in- stop it. ed. tention through hearings we had in the Mr. Speaker, I have no further re- The question was taken; and (two- Energy and Commerce Committee be- quests for time, and I yield back the thirds being in the affirmative) the cause we want it to be legitimate. balance of my time. rules were suspended and the bill, as There are legitimate times where a Mr. BOUCHER. Mr. Speaker, I yield amended, was passed. number may have to be scrambled. We myself 30 seconds. The title was amended so as to read: certainly do it here on Capitol Hill to Mr. Speaker, I simply want to com- ‘‘A bill to amend the Communications protect Members and others and staff mend my colleagues on the Republican Act of 1934 to prohibit manipulation of from having personal phone numbers side for their bipartisan cooperation in caller ID information, and for other being given out or private phone num- bringing this much-needed measure be- purposes.’’. bers being given out. So there is no in- fore the House. Our committee per- A motion to reconsider was laid on tent to do that. That is why we say it forms best when it works in a bipar- the table.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2525 RADIO SPECTRUM INVENTORY ACT ‘‘(iii) for non-Federal users, any commer- subsection (a), (c), or (d) would reveal classi- Mr. BOUCHER. Mr. Speaker, I move cial names under which facilities-based serv- fied national security information or other ice is offered to the public using the spec- information for which there is a legal basis to suspend the rules and pass the bill trum of the non-Federal user, including the for nondisclosure and such public disclosure (H.R. 3125) to require an inventory of commercial names under which the spec- would be detrimental to national security, radio spectrum bands managed by the trum is being offered through resale. homeland security, or public safety, the National Telecommunications and In- ‘‘(2) Except as provided in subsection (e), agency head shall notify the NTIA of that formation Administration and the Fed- create a centralized portal or Web site to determination and shall include descriptions eral Communications Commission, as make the inventory of the bands of fre- of the activities, capabilities, functions, or amended. quencies required under paragraph (1) avail- missions (including whether they are space- The Clerk read the title of the bill. able to the public. based, air-based, or ground-based) supported The text of the bill is as follows: ‘‘(b) USE OF AGENCY RESOURCES.—In cre- by the information being withheld. ating the inventory described in subsection ‘‘(B) INFORMATION PROVIDED.—The agency H.R. 3125 (a)(1), the NTIA and the Commission shall head shall provide to NTIA— Be it enacted by the Senate and House of Rep- first use agency resources, including existing ‘‘(i) the publicly releasable information re- resentatives of the United States of America in databases, field testing, and recordkeeping quired by subsection (a)(1); Congress assembled, systems, and only request information from ‘‘(ii) to the maximum extent practicable, a SECTION 1. SHORT TITLE. Federal and non-Federal users if such infor- summary description, suitable for public re- This Act may be cited as the ‘‘Radio Spec- mation cannot be obtained using such agen- lease, of the classified national security in- trum Inventory Act’’. cy resources. formation or other information for which SEC. 2. SPECTRUM INVENTORY. ‘‘(c) REPORTS.— there is a legal basis for nondisclosure; and Part B of title I of the National Tele- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(iii) a classified annex, under appropriate communications and Information Adminis- subsection (e), not later than 2 years after cover, containing the classified national se- tration Organization Act (47 U.S.C. 921 et the date of enactment of this section and bi- curity information or other information for seq.) is amended by adding at the end the fol- ennially thereafter, the NTIA and the Com- which there is a legal basis for nondisclosure lowing: mission shall submit a report to the Com- that the agency head has determined must ‘‘SEC. 119. SPECTRUM INVENTORY. mittee on Commerce, Science, and Transpor- be withheld from public disclosure. ‘‘(a) RADIO SPECTRUM INVENTORY.—In order tation of the Senate and to the Committee ‘‘(2) PUBLIC SAFETY NONDISCLOSURE.— to promote the efficient use of the electro- on Energy and Commerce of the House of ‘‘(A) IN GENERAL.—If a licensee of non-Fed- magnetic spectrum, the NTIA and the Com- Representatives containing— eral spectrum determines that public disclo- mission shall coordinate and carry out each ‘‘(A) the results of the inventory created sure of certain information held by that li- of the following activities not later than 1 under subsection (a)(1), including any update censee and required to be submitted by sub- year after the date of enactment of this sec- to the information in the inventory pursuant section (a), (c), or (d) would reveal information: to subsection (d); tion for which public disclosure would be ‘‘(1) Except as provided in subsection (e), ‘‘(B) a description of any information the detrimental to public safety, or the licensee create an inventory of each radio spectrum NTIA or the Commission determines is nec- is otherwise prohibited by law from dis- band of frequencies listed in the United essary for such inventory but that is un- closing the information, the licensee may pe- States Table of Frequency Allocations, from available; and tition the Commission for a partial or total 225 megahertz to, at a minimum, 3.7 ‘‘(C) a description of any information not exemption from inclusion on the centralized gigahertz, and to 10 gigahertz unless the provided by any Federal or non-Federal user portal or Web site under subsection (a)(2) and NTIA and the Commission determine that in accordance with subsections (e)(1)(B)(ii) in the report required by subsection (c). the burden of expanding the inventory out- and (e)(2)(C)(ii). ‘‘(B) BURDEN.—The licensee seeking an ex- weighs the benefit, that includes— ‘‘(2) RELOCATION REPORT.— emption under this paragraph bears the bur- ‘‘(A) the radio services authorized to oper- ‘‘(A) IN GENERAL.—Except as provided in den of justifying the exemption and shall ate in each band of frequencies; subsection (e), the NTIA and the Commission provide clear and convincing evidence to ‘‘(B) the identity of each Federal or non- shall submit a report to the Committee on support such an exemption. Federal user within each such radio service Commerce, Science, and Transportation of ‘‘(C) INFORMATION REQUIRED.—If an exemp- authorized to operate in each band of fre- the Senate and the Committee on Energy tion is granted under this paragraph, the li- quencies; and Commerce of the House of Representa- censee shall provide to the Commission— ‘‘(C) the activities, capabilities, functions, tives containing a recommendation of which ‘‘(i) the publicly releasable information re- or missions (including whether such activi- spectrum, if any, should be reallocated or quired by subsection (a)(1) for the inventory; ties, capabilities, functions, or missions are otherwise made available for shared access ‘‘(ii) to the maximum extent practicable, a space-based, air-based, or ground-based) sup- and an explanation of the basis for that rec- summary description, suitable for public reported by the transmitters, end-user termi- ommendation. lease, of the information for which public nals or receivers, or other radio frequency ‘‘(B) DEADLINES.—The report required disclosure would be detrimental to public devices authorized to operate in each band of under subparagraph (A) shall be submitted safety or the licensee is otherwise prohibited frequencies; not later than 2 years after the date of enact- by law from disclosing; and ‘‘(D) the total amount of spectrum, by ment of this section and every 2 years there- ‘‘(iii) an annex, under appropriate cover, band of frequencies, assigned or licensed to after. containing the information that the Com- each Federal or non-Federal user (in percent- ‘‘(3) INVENTORY REPORT.—If the NTIA and mission has determined should be withheld age terms and in sum) and the geographic the Commission have not conducted an in- from public disclosure. areas covered by their respective assign- ventory under subsection (a) to 10 gigahertz ‘‘(3) ADDITIONAL DISCLOSURE.—The annexes ments or licenses; at least 90 days before the third report re- required under paragraphs (1)(B)(iii) and ‘‘(E) the approximate number of transmit- quired under paragraph (1) is submitted, the (2)(C)(iii) shall be provided to the congres- ters, end-user terminals or receivers, or NTIA and the Comission shall include an sional committees listed in subsection (c), other radio frequency devices authorized to evaluation in such report and in every report but shall not be disclosed to the public under operate, as appropriate to characterize the thereafter of whether the burden of expand- subsection (a) or subsection (d) or provided extent of use of each radio service in each ing the inventory to 10 gigahertz outweighs to any unauthorized person through any band of frequencies; the benefit until such time as the NTIA and other means. ‘‘(F) an approximation of the extent to the Commission have conducted the inven- ‘‘(4) NATIONAL SECURITY COUNCIL CONSULTA- which each Federal or non-Federal user is tory to 10 gigahertz. TION.—Prior to the release of the inventory using, by geography, each band of fre- ‘‘(d) MAINTENANCE AND UPDATING OF INFOR- under subsection (a), any updates to the in- quencies, such as the amount and percentage MATION.—After the creation of the inventory ventory resulting from subsection (d), or the of time of use, number of end users, or other required by subsection (a)(1), the NTIA and submission of a report under subsection measures as appropriate to the particular the Commission shall make all reasonable (c)(1), the NTIA and the Commission shall band and radio service; and efforts to maintain and update the informa- consult with the National Security Council ‘‘(G) to the greatest extent possible— tion required under such subsection on a for a period not to exceed 30 days for the pur- ‘‘(i) contour maps or other information quarterly basis, including when there is a poses of determining what additional infor- that illustrate the coverage area, receiver transfer or auction of a license or a change mation, if any, shall be withheld from the performance, and other parameters relevant in a permanent assignment or license. public. to an assessment of the availability of spec- ‘‘(e) NATIONAL SECURITY AND PUBLIC SAFE- ‘‘(f) PROPRIETARY INFORMATION.—In cre- trum in each band; TY INFORMATION.— ating and maintaining the inventory, cen- ‘‘(ii) for each band or range of frequencies, ‘‘(1) NONDISCLOSURE.— tralized portal or Web site, and reports under the identity of each entity offering unli- ‘‘(A) IN GENERAL.—If the head of an execu- this section, the NTIA and the Commission censed services and the types and approxi- tive agency of the Federal Government de- shall follow their rules and practice regard- mate number of unlicensed intentional radi- termines that public disclosure of certain in- ing confidential and proprietary informa- ators verified or certified by the Commission formation held by that agency or a licensee tion. Nothing in this subsection shall be con- that are authorized to operate; and of non-Federal spectrum and required by strued to compel the Commission to make

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2526 CONGRESSIONAL RECORD — HOUSE April 14, 2010 publicly available any confidential or propri- cial use or subjected to spectrum shar- In fact, we are victims of our own suc- etary information.’’. ing with commercial users. cess in this country. The SPEAKER pro tempore. Pursu- The measure is a thoughtful ap- The United States currently leads ant to the rule, the gentleman from proach to meeting the extraordinary the world in wireless. Wireless pro- Virginia (Mr. BOUCHER) and the gen- spectrum demands that our Nation will viders have used spectrum to provide tleman from Florida (Mr. STEARNS) soon face. It will produce a timely U.S. consumers with many innovative each will control 20 minutes. blueprint for our future decisions about voice and data services. The number of The Chair recognizes the gentleman which spectrum should be reallocated mobile voice consumers in the United from Virginia. for auctions to commercial service pro- States has surpassed the number of GENERAL LEAVE viders. wire line customers. Back in 1996, when Mr. BOUCHER. Mr. Speaker, I ask Under the bill, within 1 year of the we passed the Telecommunications unanimous consent that all Members date of enactment, the NTIA and the Act, I don’t think anybody would have will have 5 legislative days to revise FCC would also create a Web site to thought that would have happened. and extend their remarks on the meas- make the spectrum inventory publicly And the number of mobile broadband ure now under consideration and insert available. They would report the re- consumers has increased exponentially extraneous material into the RECORD. sults of the inventory to the House and over the past several years. The SPEAKER pro tempore. Is there Senate Commerce Committees within 2 As customers increase the amount of objection to the request of the gen- years of the date of enactment, and time they spend on their mobile de- tleman from Virginia? that report would include a description vices talking, emailing, surfing the There was no objection. of the information that could not be net, cell sites become constrained for Mr. BOUCHER. Mr. Speaker, I yield made publicly available for national capacity. As a result, we are facing, in myself such time as I may consume. security reasons. the words of FCC Chairman Wireless communications services The agencies would also, within 2 Genachowski, a ‘‘looming spectrum cri- are rapidly growing. Each year, mil- years, submit to the House and Senate sis.’’ For example, a voice call requires lions of users graduate from basic cel- Commerce Committees a reallocation approximately 10,000 bits per second, lular telephone services to Smart tele- report that would include a rec- while downloading a video requires phones that employ a broad range of ommendation of which spectrum millions of bits per second. data services. Those services require should be reallocated or otherwise This bill creates a thoughtful, com- far greater bandwidth than traditional made available for shared access. That prehensive process through which Con- cellular telephones; and the data serv- recommendation should be updated by gress can identify whether to reallo- ices that are offered through the agencies in follow-on reports to the cate spectrum that is currently under- Smartphones are becoming ever more committees, which are to be submitted utilized. Current license holders should sophisticated, often employing full-mo- every other year following the submis- not fear this process. It will be open tion video as part of the range of appli- sion of the initial report. Those follow- and transparent and provide all spec- cations that can be made available on reports may be updates to the ini- trum users with the opportunity to ex- through the Smartphones. tial report and not necessarily be top- plain the purposes for which they use The combination of greater to-bottom reviews. spectrum. Smartphone use and far more elaborate I want to express appreciation to our This is a beginning, Mr. Speaker, not applications is placing unprecedented colleagues on a bipartisan basis—Mr. the end of the debate over the future of demands on our limited wireless spec- WAXMAN, Mr. BARTON, Mr. STEARNS, the spectrum policy in the United trum availability. To meet these grow- other members of the subcommittee— States. ing needs, in the near future more spec- who, in our hearing and markup ses- Now, this is a bill that’s very impor- trum must be made available for com- sions in the subcommittee, contributed tant. You’d almost consider it not only mercial wireless communications serv- richly to our dialogue and to struc- for innovation and for commercial use, ices, and that new spectrum would be turing the legislation that we have be- but long term, on behalf of national se- made available for auction to the suc- fore us this morning. It is a bipartisan curity purposes, too. So don’t discount cessful wireless bidders. measure. All of the committee mem- the fact that we are just asking for an Even the launch later this year of the bers have been involved in this con- inventory. It’s something that should fourth generation of the wireless serv- structive exercise, and I want to thank be done, and I think anybody who’s in- ices by the major cellular service pro- them for their participation. terested in fiscal responsibility should viders using the spectrum that was pre- Mr. Speaker, I urge approval of the realize asking for an inventory is the viously occupied by the television bill, and I reserve the balance of my best way to find out what you have and broadcasters for their analog television time. how to use it better. transmissions will only provide a brief Mr. STEARNS. Mr. Speaker, I yield So I urge my colleagues to support respite with regard to these ever-rising myself such time as I may consume. this bill, and I reserve the balance of demands for additional spectrum, and Mr. Speaker, I also rise in support of my time. so we clearly are compelled to act. H.R. 3125, the Radio Spectrum Inven- Mr. BOUCHER. Mr. Speaker, at this Responding to this need, last July I tory Act. As the gentleman from Vir- time I’m pleased to yield to the chair- joined with Chairman WAXMAN; our full ginia (Mr. BOUCHER) mentioned, it’s a man of the Energy and Commerce Com- committee ranking member, the gen- very important bill, and I urge its pas- mittee, the gentleman from California tleman from Texas (Mr. BARTON); and sage. (Mr. WAXMAN) and principal author of my friend and colleague on the sub- This bill offers an opportunity to this measure, such time as he may con- committee, our subcommittee ranking evaluate all of the frequency bands be- sume. member, Mr. STEARNS, in introducing tween 225 megahertz and 10 gigahertz Mr. WAXMAN. Mr. Speaker, I rise in the Radio Spectrum Inventory Act, and simply to determine who uses support of H.R. 3125, the Radio Spec- which is before the House this morn- these frequency bands and the purpose trum Inventory Act, which I intro- ing. for which they are being used. duced last year with Chairman BOU- While this bill requires NTIA and the CHER, Ranking Members BARTON and b 1215 FCC to recommend which spectrum, if STEARNS, and more than a dozen of our It directs the NTIA and the U.S. De- any, should be reallocated, Congress ul- colleagues on the Energy and Com- partment of Commerce and the Federal timately will decide whether realloca- merce Committee. Communications Commission to under- tion should occur. For Congress to This timely, bipartisan legislation take a comprehensive survey of the Na- make such an informed judgment, we creates a process for full inventory, tion’s spectrum and report to us on need a solid set of facts before we do it. mapping, and accounting of current current spectrum utilization, and in- So it’s very clear that the United spectrum use by Federal and non-Fed- clude recommendations of which, if States will need additional spectrum to eral users. This measure will inject any, of the least utilized blocks of spec- meet the growing demand for wireless transparency in the way our govern- trum could be reallocated for commer- broadband, fourth-generation wireless. ment and the private sector utilizes

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2527 the critical public resource. With the chairman, Mr. WAXMAN, who just spoke Congress should move expeditiously on benefit of this inventory, we can make a moment ago. this inventory legislation and avoid ad- informed, rational, and deliberate deci- Mr. Speaker, last year, 2009, a Pew ditional costs, and also unleash the po- sions about how our spectrum is used study found that while African Ameri- tential and create more jobs in these in future decades to benefit the Amer- cans are less likely than others to use industries that are out there inno- ican people, American businesses, and a desktop computer to access the Inter- vating and helping people live in a bet- American innovation. net, they are more likely to access the ter way of life. It also creates a parallel process for a Internet over a wireless device. And so So I encourage support of this bill. I regular assessment of whether any it is incredibly important to know the thank the gentleman for bringing it. spectrum should be reallocated or oth- available spectrum and how to use it in Mr. BOUCHER. Mr. Speaker, at this erwise made available for shared access the most efficient way so that wireless time I am pleased to yield 5 minutes to to improve the efficiency with which broadband service is as ubiquitous and the gentleman from Massachusetts we utilize this precious resource. robust as possible. (Mr. MARKEY), chairman of the Sub- I’m pleased that the bill includes a We can help facilitate that goal by committee on Energy and the Environ- strong national security section re- ensuring that additional spectrum will ment of our Energy and Commerce flecting the result of extensive bipar- be available when it is needed. And Committee. tisan consultation with the defense and given the long lead times that often Mr. MARKEY of Massachusetts. I intelligence communities. The bill we are associated with efforts to bring thank the gentleman very much, and I consider today strikes a proper balance spectrum to market, the time to start thank the gentleman from Virginia between providing useful information is now. The Radio Spectrum Inventory (Mr. BOUCHER) for his leadership on to the public about the nature and use Act will help ensure that we know this critical issue, along with the gen- of spectrum, while safeguarding na- where future allocations of spectrum tleman from Florida (Mr. STEARNS) in tional security, homeland security, and can be drawn from so that our con- partnership with Mr. WAXMAN and with public safety interests. stituents can have the services they Mr. BARTON. I urge my colleagues to support this need when they need them. Mr. BOUCHER and I have been working important measure. This is a good bill, Mr. Speaker. I on these issues for many, many, many Mr. STEARNS. Mr. Speaker, I yield 1 support it. I ask my colleagues to do years, and this bill that has been pro- minute to Mr. PITTS, the gentleman the same. duced by his subcommittee is some- from Pennsylvania. Mr. STEARNS. Mr. Speaker, I yield 2 thing that, in my opinion, is going to Mr. PITTS. Mr. Speaker, I appreciate minutes to the gentleman from Lou- go a long way towards helping our the opportunity to speak on the bill. isiana (Mr. SCALISE). country to create a new boom economi- As the chairman of the Congressional Mr. SCALISE. Mr. Speaker, I rise in cally in this wireless sector. We saw a Electronic Warfare Working Group, I support of H.R. 3125, the Radio Spec- great boom in the 1990s when we moved believe that the electromagnetic spectrum Inventory Act. over 200 megahertz of spectrum, cre- trum is critically important to our cur- The most pressing issue that we’re ating the third, fourth, fifth and sixth rent and future military operations facing right now in the mobile wireless cell phone license, combined with the and national security. And I’m pleased and Internet industries is the avail- Telecom Act of 1996. We saw, actually, to see that the committee has taken ability and use of spectrum, especially a transformation in the way in which into consideration some concerns given the dramatic increases we’re see- we communicate in our country. raised by the administration and the ing in the use of wireless services. As Who would think that we could move electronic warfare community regard- wireless technologies continue to ad- from black rotary dial phones to ing this bill. However, the electro- vance and more Americans use mobile BlackBerrys in just 10 years, almost on magnetic spectrum is a dynamic and devices for data-intensive purposes, the a ubiquitous basis. ever-changing environment, and we demand for spectrum will grow rapidly. b 1230 must ensure that our Armed Forces We’re seeing every day with all of the can manage the utilization of the spec- new things that can be done just on a Who would think that Mr. STEARNS trum and provide long-term strategic cell phone, not only running daily ap- could be checking his BlackBerry even planning and program development. plications to help businesses, but we as I’m speaking out here on the floor? While I understand the importance of also can do more things in terms of That’s something we’re very proud of. the potential economic value of the downloading actual movies and getting We’re very proud of that revolution in spectrum inventory, it is vital that direct access. You can look at things the 1990s. And I think we have the po- this bill take into account the criti- happening in real time, and, of course, tential here in this legislation to ac- cality of the electromagnetic spectrum this takes more spectrum. So addi- complish the very same kind of addi- to military training and operations and tional spectrum will be needed, and tion to the spectrum capacity. And Ms. the importance of the U.S. military that’s why this Radio Spectrum Inven- BLACKBURN is showing not only can we controlling the spectrum in conflict. tory Act will help promote and advance use these devices now for voice but also I will support this bill today, but we the effective and efficient use of the for video and for data. must be very vigilant as the inventory spectrum that’s out there. It’s become a technology with the is taken. If mistakes are made, serious The first step, of course, must be to great deal of flexibility; yet because of negative consequences will ensue, con- identify what spectrum is available and this technology, we are going to be sequences that could harm the how the current spectrum is being used able—and I thank the chairman for warfighter and his ability to use the in an efficient manner, and this inven- this—to inventory each radio spectrum spectrum in training and war. tory act will do just that. It will re- band of frequencies from 225 megahertz Mr. STEARNS. Mr. Speaker, I require NTIA and the FCC to undertake to 10 gigahertz, and that includes the serve the balance of my time. a comprehensive survey of the Nation’s radio services authorized to operate Mr. BOUCHER. Mr. Speaker, at this spectrum and develop a full inventory. within each band of frequencies, the time I’m pleased to yield 3 minutes to Taking this inventory is the only way identity of each Federal or non-Federal the gentleman from North Carolina we’ll be able to know what spectrum user within which such radio service is (Mr. BUTTERFIELD). can be located and what spectrum can authorized to operate in each band of Mr. BUTTERFIELD. Mr. Speaker, let be shared and used in a more efficient the frequencies, the total amount of me first thank the gentleman for yield- manner. We will then be able to decide spectrum by band of frequencies allo- ing time and thank him for his leader- the best ways to utilize that spectrum. cated to each Federal or non-Federal ship on the committee and sub- The convergence of mobile, wireless user and an approximation of the ex- committee, as well as the leadership of services, high-speed Internet access, tent to which each Federal or non-Fed- the ranking member. and powerful handsets promise to eral user is using each band of fre- Mr. Speaker, I rise today to support transform almost all aspects of the quencies. H.R. 3125, the bipartisan Radio Spec- way Americans work, learn, deliver This basic goal that the legislation trum Inventory Act, introduced by our services, and enhance our public safety. advances to create this inventory will

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I thank the sub- nologies, of gadgets and applications cations that can be launched anywhere committee chairman for his expla- that will give incredible economic in the world routinely appear in the nation, and I associate myself with his stimulus to our country. U.S. market first. remarks. I share the chairman’s expec- So what we have here is a debate Unfortunately, our position in the tation regarding the importance of col- over the American economy, and it’s global marketplace is not something lecting and analyzing the data in the central to our wellbeing; yet in a lot of that is guaranteed to us, and without spectrum inventory before making de- ways, it just doesn’t get talked about careful attention to support the need of cisions about possible spectrum reloca- as being the biggest part of what hap- the growth of the wireless industry tion. pened in the 1990s. And as it moves into through the release of additional spec- I’d also like to a add my own expec- the 21st century, we’re seeing these trum, we risk ceding that important tation that the spectrum inventory technologies now be included in new leadership to nations that have already will be thorough and scientific in order energy technologies, new health care identified substantial swaths of spec- to serve as an accurate metric of our technologies, new education tech- trum that will be made available for spectrum use. nologies. It now has infiltrated tech- commercial use. That is why the Radio I have one final question to ask the nology after technology in our coun- Spectrum Inventory Act is so very im- chairman. The broadband plan includes try. portant by providing a road map for recommendations regarding reallocation of many of the frequencies cur- And what the gentleman from Vir- policymakers regarding where we may rently used to provide broadcast tele- ginia is doing in a bipartisan partner- find additional spectrum that can be vision service. The plan recommends ship with the gentleman from Florida used for wireless broadband services in starting with voluntary measures to is, in my opinion, central to ensuring the U.S. Enactment of H.R. 3125 will relocate broadcast stations to different that we have the leadership in this mo- help ensure that the U.S. is in a posi- frequencies; But it then hints that bile innovation, that we have a smart tion to match, and hopefully surpass, other, presumably involuntary, meth- spectrum policy that is put on the our trading partners by making addi- books, and then we can just get out of ods of relocating broadcast stations tional spectrum available for commer- the way and watch these entrepreneurs may be necessary. cial use. and watch these whole tech commu- My question, Mr. Chairman, is I urge support of the legislation. whether you believe that the FCC nities make it possible for us, with a Mr. STEARNS. Mr. Speaker, I yield little bit of luck from Mr. STEARNS and should engage in involuntary methods such time as she may consume to the to move broadcasters to different fre- others, that the applications become so gentlewoman from Tennessee to engage great that perhaps he and millions of quencies in order to free up additional in a colloquy with the chairman of the spectrum. other Americans will never again have Subcommittee on Telecommuni- to look up from their BlackBerry. Mr. BOUCHER. Would the gentlelady cations. yield? There will just be so much interesting Mrs. BLACKBURN. I would yield to stuff that is on it, it will be so Mrs. BLACKBURN. Yes. the gentleman from Virginia and ask Mr. BOUCHER. I thank the gentle- versatile. permission for the colloquy. So thank you so much and congratu- lady for yielding. Mr. BOUCHER. The gentlelady con- lations. I urge an ‘‘aye’’ vote on this As to the first matter, I agree with trols the time. I will be happy to en- important legislation. her that a thorough scientific examina- Mr. STEARNS. I yield myself 15 sec- gage in the colloquy with the gentle- tion of spectrum use must be the core onds to reply to the distinguished lady. of the inventory that this measure re- Member of Massachusetts. Mrs. BLACKBURN. I thank the gen- quires. I also agree that the right ap- I just got a tweet on Twitter noti- tleman from Florida for the time. proach is for the FCC to work with tel- And, Mr. Chairman, last month the fying me that Representative ED MAR- evision broadcasters to identify the KEY was speaking. His fan club is so Federal Communications Commission spectrum they now hold that on a pure- omnipresent that it just came across released its National Broadband Plan ly consensual basis could be repurposed saying to everybody in the United which contained some very ambitious for commercial wireless use. Broad- States that he was on the floor speak- recommendations with respect to spec- casters who surrender spectrum would ing so eloquently. So I couldn’t resist trum availability. I would like to ask receive compensation in exchange for a pulling it up and seeing what it said. the subcommittee chairman his views voluntary spectrum transfer. I would Mr. Speaker, I yield 2 minutes to the on how the FCC should proceed on the not support the commission’s requiring gentlewoman from Tennessee (Mrs. inventory required by this bill and on stations to give up spectrum involun- BLACKBURN). the recommendations of the broadband tarily. Mrs. BLACKBURN. Mr. Speaker, I plan. Is it the chairman’s view that the The right approach is that specified want to thank the chairman for his inventory required by this bill should in this legislation—learn where we are, diligent work on this bill and also Mr. inform the FCC in its decision-making understand thoroughly how current STEARNS for his leadership as we with respect to the potential realloca- spectrum is used, identify that part worked through these issues in com- tion of spectrum sought by the that is perhaps underutilized that mittee. And I do rise in support of the broadband plan? could be reallocated or submitted to Radio Spectrum Inventory Act. Mr. BOUCHER. Would the gentlelady spectrum sharing through the new In committee, I highlighted the im- yield? spectrum sharing technologies and portance of listening to the engineers Mrs. BLACKBURN. Yes. then to the extent that based on that as we move forward on our spectrum Mr. BOUCHER. I thank the gentle- inventory it would be appropriate for inventory. And today I want to talk lady for yielding. broadcasters to enter into conversa- about the importance of this bill to the There is no doubt that more spec- tions about surrendering a portion of wireless industry. America’s wireless trum is needed to meet our Nation’s their spectrum on a voluntary basis, industry is the undisputed world lead- rising demand for wireless services. that would obviously be an appropriate er, and Mr. STEARNS and Mr. MARKEY Conducting the spectrum inventory step. It would not be an appropriate have both highlighted portions of that that this legislation requires is an es- step to require that broadcasters en- as we have played with our devices dur- sential first step. It will offer a clear gage in the surrender of any part of the ing Mr. MARKEY’s remarks focusing on path and a road map for the next steps spectrum they hold. the innovations that have come our in making available adequate spectrum And I thank the gentlelady for rais- way. by giving the Congress and the FCC a ing these very important questions

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that help illuminate the debate this saw in past jobs I and II, et cetera, are Mr. MCNERNEY. Mr. Speaker, I take this morning. going to kill jobs and not create jobs. opportunity to express my support for H.R. Mrs. BLACKBURN. I thank the They’re going to create government 3125, the Radio Spectrum Inventory Act, of chairman for his explanations. jobs. And the American people are ask- which I am a cosponsor. While much of our Mr. BOUCHER. Mr. Speaker, at this ing where are the jobs, not where is the economy has experienced unfortunate chal- time I’m pleased to yield 3 minutes to spectrum. Radio spectrum, though, lenges over the last few years, the technology the gentleman from Washington State that is an important issue. and innovation sectors continue to stay afloat (Mr. INSLEE). But this Congress needs to focus and even grow. To help foster this growth, it Mr. INSLEE. I want to congratulate upon jobs, Mr. Speaker, and the Amer- is vital that Congress enact forward-thinking those who have been working on this, ican people need to demand that this policies such as those embodied by the Radio the Chair, ranking member, to get this Congress do just that. Spectrum Inventory Act. Itemizing currently-uti- bill through. b 1245 lized spectrum will allow us to take additional I want to make two points. This ef- steps to use available resources more effi- Mr. STEARNS. Mr. Speaker, I have fort is one that reaches in to improve ciently. Enactment of H.R. 3125 will also help no further requests for time, and I certain areas that we may not think of our country identify unused spectrum, which when we think about spectrum. I note yield back the balance of my time. Mr. BOUCHER. Mr. Speaker, I want can subsequently serve to accommodate the the little town of Republic in Wash- to again thank all Members who have growing demand for spectrum that must be ington, in eastern Washington, where participated on a bipartisan basis in met to allow consumers to have better access my grandmother grew up—and it’s a bringing this measure to the floor. to broadband technology. great town—but right now you essen- The families and businesses that benefit so Many Members have contributed to its greatly from broadband services are depend- tially have to shut down the entire construction. It is the right path to ing on us to take actions that will encourage city’s access to the Internet to send take. one X-ray from a physician in Republic This will bring us to a point where innovation and help preserve our country’s po- to a reader, an expert in Seattle to we are in a position to decide how to sition as the world’s leader in high technology. read the X-ray. You have to sort of meet the rising spectrum demands that H.R. 3125 is an important step towards im- shut down the whole town because we inevitably we will confront within just proving the way we work, deliver health care, don’t have enough access in spectrum. a few years. It is the right approach, consume energy, and teach students, and I This making access to spectrum more and I commend this measure to the encourage all of my colleagues to support this available helps health care in many, House and urge its approval. bill. many places across the country. Mr. RADANOVICH. Mr. Speaker, I rise Mr. PATRICK J. MURPHY of Pennsylvania. The second point I want to make, I today in strong support of H.R. 3125, the Mr. Speaker, I rise today in support of H.R. met with my law enforcement commu- Radio Spectrum Inventory Act. I commend 3125, the Radio Spectrum Inventory Act. nity last week who are still thirsting Chairman WAXMAN, Ranking Member BARTON, As a veteran who served in Baghdad in after an interoperable standard so that and the Energy and Commerce Committee 2003, I know firsthand how important proper we can in fact have interoperability for members for producing this excellent, bipar- radio use was for ensuring the success of our emergency services radio communica- tisan bill. The legislation would require the Na- missions and safety of our troops. In the mili- tions. We still don’t have this at this tional Telecommunications Information Admin- tary every part of the radio spectrum had a late date. Freeing up spectrum, allow- istration and the Federal Communications specific purpose and was allocated based on ing a financing system to really build Commission to work together in creating and efficiency and suitably. that out is necessary. maintaining an accurate, comprehensive data- Yet, in America the historical legacy of radio So this is good for economic growth. base of the radio broadcast spectrum. spectrum development has led to a patchwork It is good for health care. It is good for As the FCC acknowledged in its recent Na- system full of inefficiency. Additionally, there is emergency services. There are multiple tional Broadband Plan, we are facing a spec- a lack of information about current usage reasons this is heading in the right di- trum shortage in the United States. Wireless which has left America at a competitive dis- rection. carriers have suggested that current allocation advantage for developing new innovations in I do want to point out—and I’m of spectrum is inadequate to meet our growing wireless service. Our economic success will happy to have co-sponsored this bill. demands. As third-generation (3G) technology depend on a new strategy for properly using We have another bill we hope to have matures, and fourth-generation (4G) rolls out, our wireless spectrum so that we can innovate on the floor in a while, the Spectrum the demands on wireless broadband networks and develop new services to improve the Relocation Improvement Act, to im- will only increase. This growth of wireless connectivity of the American people and con- prove the availability to do auctions to broadband will be constrained if government tinue to fuel economic growth. get this out into commerce. We look does not make spectrum available to enable Every day new and useful applications are forward to working with the chair and network expansion and technology upgrades. added to wireless service and the need for ranking member to get this bill to the It is also important to support the FCC’s goal more radio spectrum to meet those needs in- floor so we can build on this success. of making 300 megahertz of spectrum avail- creases. The Radio Spectrum Inventory Act Congratulations. able for commercial use over the next 5 years, would allow lawmakers, consumers and indus- Mr. STEARNS. I yield 1 minute to and 500 megahertz available over the next 10 try to know what spectrum is being used and the gentleman from Georgia (Mr. years. how. By identifying gaps in spectrum use and BROUN). In order for that to happen, we must first inefficient spectrum allocations, this bill will Mr. BROUN of Georgia. I thank Mr. have an adequate understanding of how the help us understand the best approach to meet STEARNS for yielding. current spectrum is allocated and utilized. This the growing demand for additional spectrum. We may very well be needing to focus critical bill allows the FCC and NTIA to identify With the important information collected as on the radio frequency spectrum that spectrum that can be reallocated for commer- a result of this bill, we can have an informed is in the public domain; but, Mr. cial wireless use. In addition to creating an in- debate about how to most efficiently use and Speaker, this Congress is ignoring the ventory, the bill allows for the creation of a allocate our limited spectrum resources so that greatest spectrum that the American centralized Web site to make the inventory we can best meet the changing needs of the people are demanding, and that’s where available to the public. It also addresses con- American public. are the jobs. We’re not focusing on pub- cerns related to public disclosure in regards to Mr. Speaker, it is time that we take a seri- lic policies that are going to create a national security, homeland security, or public ous look at the future spectrum needs of this stronger economy and create jobs. In safety issues. country in order to properly prepare for the fact, we are developing policy over and Having an inventory will be instrumental in challenge. The right way to start is by gath- over again that this leadership of this evaluating which bands can be reallocated for ering more information on our current situa- House and this Senate and the Presi- commercial mobile use. This bill represents tion. The Radio Spectrum Inventory Act will dent are forcing upon the American the first step in the process of addressing the take this first step and put us on the right path people that are going to take away spectrum needs of existing and new mobile to effectively develop a better strategy to meet jobs. broadband providers. I commend the authors our nation’s growing wireless needs. The ObamaCare bill is going to kill for bringing this bill to the House floor, and I Ms. ESHOO. Mr. Speaker, I rise today to millions of jobs. The jobs bill that we urge my colleagues to join me in voting for it. support passage of H.R. 3125, The Radio

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2530 CONGRESSIONAL RECORD — HOUSE April 14, 2010 Spectrum Inventory Act. I’m proud to be an Mr. WELCH. Mr. Speaker, many commu- The text of the resolution is as fol- initial cosponsor of this legislation, and I look nities in Vermont remain on the wrong side of lows: forward to seeing it enacted into law. Thank the digital divide—sidelined in a nation that in- H. CON. RES. 243 you, Chairman WAXMAN for your leadership on creasingly demands high-speed Internet ac- Resolved by the House of Representatives (the this bill, and I appreciate the important bipar- cess to engage socially, politically and eco- Senate concurring), tisan work of the Ranking Minority Member of nomically. I believe that unused spectrum will SECTION 1. USE OF EMANCIPATION HALL FOR the Energy and Commerce Committee, JOE be part of that solution, and accounting for EVENT TO CELEBRATE BIRTHDAY OF KING KAMEHAMEHA. BARTON. that spectrum is the first step. We can’t afford (a) AUTHORIZATION.—Emancipation Hall in We pass this bill at an opportune moment. to ignore this opportunity to connect millions of the Capitol Visitor Center is authorized to be This past month, the Federal Communications people—especially in rural and low-income used for an event on June 6, 2010, to celebrate Commission released its National Broadband communities. the birthday of King Kamehameha. Plan. The FCC pointed out what many of us In addition to connecting our most rural and (b) PREPARATIONS.—Physical preparations already have known for a long time— disadvantaged communities, wireless spec- for the conduct of the ceremony described in broadband rollout requires an increasing trum has the potential to greatly impact our subsection (a) shall be carried out in accordance with such conditions as may be pre- amount of spectrum. nation’s competitiveness. As access to wire- scribed by the Architect of the Capitol. We’re already seeing competing industries less technologies becomes more widespread, The SPEAKER pro tempore. Pursu- squabble over spectrum, and we are in danger we are already seeing 3G transmission ant to the rule, the gentleman from of having an all-out range war between the speeds being surpassed by newer fourth gen- Pennsylvania (Mr. BRADY) and the gen- wireless industry and broadcasters. We can eration (4G) offerings. 4G wireless services tleman from Florida (Mr. STEARNS) head it all off at the pass by doing the obvi- offer increased speed but also require consid- each will control 20 minutes. ous—review our resources first, and reallocate erably more spectrum than their predecessors. The Chair recognizes the gentleman second. To quickly and efficiently address these con- from Pennsylvania. That doesn’t mean I want the FCC to stand cerns, a bipartisan effort has been launched in still while we review the spectrum chart. There GENERAL LEAVE Congress. H.R. 3125, the Radio Spectrum In- Mr. BRADY of Pennsylvania. Mr. is plenty of spectrum already available, like ventory Act, would direct the National Tele- Speaker, I ask unanimous consent that the Advanced Wireless Spectrum, that should communications and Information Administra- all Members may have 5 legislative go for useful purposes like a free national tion (NTIA) and the FCC to create and main- days in which to revise and extend wireless broadband lifeline. So the FCC must tain an inventory of each radio spectrum band their remarks and to include extra- keep moving and deploy what they can as ex- of frequencies used in the United States to neous matter in the RECORD on H. Con. peditiously as possible. better assess the underutilized bands. H.R. We’ve also had to make some compromises Res. 243. 3125 sets a deadline of two years after enact- The SPEAKER pro tempore. Is there on this bill to comply with essential national ment for the first inventory and four years for objection to the request of the gen- security issues. As a senior member of the the first report recommending which spectrum tleman from Pennsylvania? Energy and Commerce Committee, I recog- should be reallocated for wireless broadband. There was no objection. nize the essential need to document spectrum Passage of this bill will ensure that the U.S. Mr. BRADY of Pennsylvania. Mr. use and prevent channel hoarding, and as the wireless industry will be in an excellent posi- Speaker, I yield myself such time as I Chair of the Permanent Select Committee on tion to meet the ever growing and evolving may consume. Intelligence’s Subcommittee on Intelligence needs of individuals and business users, while Mr. Speaker, this resolution author- Community Management, my views are like- fostering further economic growth and Amer- izes the use of Emancipation Hall in wise shaped by the need to safeguard chan- ican competitiveness. This is an issue of na- the Capitol Visitor Center for the nels that our intelligence, security and military tional importance and one that must be ad- birthday celebration of King Kameha- agencies may need in the future. Our very dressed now. I urge my colleagues on both meha, the first King of Hawaii. This lives may depend upon it. sides of the aisle to support this bipartisan ef- annual celebration honors the first I believe this bill finds that happy medium. fort by voting in support of H.R. 3125. King of Hawaii who successfully uni- It will spur economic growth and innovation Mr. BOUCHER. I yield back the bal- fied the islands to establish for the while keeping America safe. The FCC and ance of my time. first time a unified Kingdom of Hawaii NTIA can review our spectrum assets in a ju- The SPEAKER pro tempore. The in 1810. dicial manner and develop informational re- question is on the motion offered by The first King Kamehameha Day was sources that will guide us as we implement the gentleman from Virginia (Mr. BOU- celebrated in Hawaii on June 11, 1872. the National Broadband Plan. CHER) that the House suspend the rules This State holiday is a celebration of I urge my colleagues to vote in favor of this and pass the bill, H.R. 3125, as amend- the rich history and the culture of Ha- bill. ed. waii. Mr. SPACE. Mr. Speaker, I rise today in The question was taken. This resolution allows for a Sunday support of H.R. 3125, the Radio Spectrum In- The SPEAKER pro tempore. In the ceremony on June 6, 2010, so it will not ventory Act. opinion of the Chair, two-thirds being disrupt the use of the CVC or tours of H.R. 3125 represents an important step to- in the affirmative, the ayes have it. the Capitol. ward making additional spectrum available for Mr. BROUN of Georgia. Mr. Speaker, I urge Members to support this reso- advanced wireless services, something that on that I demand the yeas and nays. lution, and I reserve the balance of my has been cited as critical by the Federal Com- The yeas and nays were ordered. time. munications Commission in its recently re- The SPEAKER pro tempore. Pursu- Mr. STEARNS. Mr. Speaker, I yield leased National Broadband Plan. If we are to ant to clause 8 of rule XX and the myself such time as I may consume. realize the National Broadband Plan’s vision of Chair’s prior announcement, further I am also pleased to support this res- providing every American with the ability to ac- proceedings on this motion will be olution authorizing the use of the cess the Internet at world-class speeds, we postponed. Emancipation Hall to celebrate the absolutely will need to make additional spec- f birthday of King Kamehameha of Ha- trum available for that purpose. A thoughtful waii. I think many of us have read all inventory of existing spectrum holdings will AUTHORIZING USE OF EMANCI- about this distinguished individual and give Congress, the FCC, and the Administra- PATION HALL FOR KING KAME- the history, so it’s altogether appro- tion the information we all need to make in- HAMEHA CELEBRATION priate that the king, often known as formed judgments about where that additional Mr. BRADY of Pennsylvania. Mr. Kamehameha the Great, is really, in- spectrum may come from. Speaker, I move to suspend the rules deed, a legendary figure in Hawaiian As a member of the Energy and Commerce and agree to the resolution (H. Con. culture and history and rightly so. He Committee and as a cosponsor of this meas- Res. 243) authorizing the use of Eman- fought heroically for its unity and ure, I commend Chairman WAXMAN, Ranking cipation Hall in the Capitol Visitor independence at the end of the 18th and Member BARTON, Subcommittee Chairman Center for an event to celebrate the beginning of the 19th centuries. BOUCHER, and Ranking Member STEARNS for birthday of King Kamehameha. His law or Rule of the Splintered their work on this bill, and I urge my col- The Clerk read the title of the resolu- Paddle protecting noncombatants dur- leagues to support its passage. tion. ing wartime has been heralded for its

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2531 justness and established a human His most renowned edict, the Law of protections, and for other purposes, as rights benchmark that would later be the Splintered Paddle, ensured the pro- amended. built upon in the Geneva Conventions. tection of civilians during war. This The Clerk read the title of the bill. This June 11 will mark the 94th an- law illustrates Kamehameha’s compas- The text of the bill is as follows: nual King Kamehameha Day in Hawaii. sion and an acute sense of responsi- H.R. 4994 His illustrious statue is part of the Na- bility for all of his people, especially Be it enacted by the Senate and House of Rep- tional Statutory Hall Collection. I urge those most vulnerable. resentatives of the United States of America in all Members to go down and see it. It Kamehameha’s steadfast leadership Congress assembled, now sits in the Capitol Visitor Center, came at a pivotal point in Hawaii’s his- SECTION 1. SHORT TITLE, ETC. so it’s visible to all, millions of Ameri- tory, a time when the islands made (a) SHORT TITLE.—This Act may be cited as cans, as they come here to visit the first contact with foreigners. At the the ‘‘Taxpayer Assistance Act of 2010’’. Capitol. dawn of a new era, filled with unfore- (b) AMENDMENT OF INTERNAL REVENUE CODE I thank the sponsor of this resolu- seen challenges, Kamehameha’s vision OF 1986.—Except as otherwise expressly provided, whenever in this Act an amendment tion, Congresswoman HIRONO, and I and wisdom helped Hawaii manage the or repeal is expressed in terms of an amend- thank the chairman for bringing it to formidable task of interacting with and ment to, or repeal of, a section or other pro- the floor. I urge my colleagues to join finding its place within the wider vision, the reference shall be considered to me in support of this great resolution. world. Kamehameha ruled until 1819. be made to a section or other provision of I reserve the balance of my time, Mr. I would like to close by thanking the the Internal Revenue Code of 1986. Speaker. staff of the Committee on House Ad- (c) TABLE OF CONTENTS.—The table of con- Mr. BRADY of Pennsylvania. Mr. ministration, the Office of the Archi- tents of this Act is as follows: Speaker, I yield 4 minutes to the gen- tect of the Capitol, the Office of the Sec. 1. Short title, etc. tlewoman from Hawaii and sponsor of Sergeant at Arms, who have been real TITLE I—CELL PHONES AND this resolution, Ms. HIRONO. partners in making this annual event ELECTRONIC FILING Ms. HIRONO. Aloha. I rise today in possible for these many decades. Sec. 101. Removal of cellular telephones and support of House Concurrent Resolu- Mahalo nui loa—thank you very similar telecommunications tion 243, which would authorize the use much. equipment from listed property. Sec. 102. Electronic filing exemption for re- of Emancipation Hall in the Capitol Mr. STEARNS. Mr. Speaker, I yield Visitor Center for the 41st annual Ka- ligious reasons. myself such time as I may consume. Sec. 103. Accelerate interest on refunds for mehameha Day Lei Draping Ceremony. I think many of my colleagues have returns filed electronically. Even as I speak, I am wearing a beau- been to Hawaii, probably a lot of Amer- TITLE II—COLLECTION tiful floral lei from Hawaii. icans have. If you go into a gift shop I would like to thank Chairman Sec. 201. Study on the effectiveness of col- and you get a tourist book, and you lection alternatives. BRADY for his leadership and for allow- look through and you look at some of Sec. 202. Repeal of partial payment require- ing this bill to be brought forward in the sites there, and then you see the ment on submissions of offers- an expeditious manner; and I thank my unique history of Hawaii. in-compromise. friend, Congressman STEARNS, for his Kamehameha, the legendary king, is TITLE III—TAXPAYER ASSISTANCE AND remarks. I would also like to thank the written in detail in these books and PROTECTION IMPROVEMENTS sponsors of this bill, my fellow Pacific you start to realize the difficult deci- Sec. 301. Referrals to Low-Income Taxpayer island delegation members, former sions he had to make for the island Clinics permitted. Congressman Abercrombie, Congress- when it transitioned. And I think it’s Sec. 302. Low-income taxpayer clinics. man FALEOMAVAEGA, Congresswoman part of the history of this country to Sec. 303. EITC outreach. BORDALLO, and Congressman SABLAN, celebrate his leadership and also to un- Sec. 304. Taxpayer notification of suspected for their support. identity theft. derstand all about him and what he Sec. 305. Clarification of IRS unclaimed re- Since 1969, the Hawaii congressional had to deal with. So I am delighted at fund authority. delegation and the Hawaii State Soci- this time to allow this commemoration Sec. 306. Study on delivery of tax refunds. ety of Washington, DC., have hosted of this legendary man and his historic Sec. 307. Study on timely processing and use the Kamehameha Day Lei Draping role in Hawaii to be honored on this of information returns. Ceremony. The ceremony has been held date, and I support this resolution and Sec. 308. Study on easing the burden of in- on or about June 11 to coincide with urge all of my colleagues to support it person tax payments. the celebration of Kamehameha Day, a also. TITLE IV—REVENUE PROVISIONS State holiday in Hawaii. This year, the Mr. Speaker, I yield back the balance Sec. 401. Expansion of bad check penalty to event will be held in DC on Sunday, of my time. electronic payments. June 6. The location of the Kameha- Mr. BRADY of Pennsylvania. Mr. Sec. 402. Increase in information return pen- meha statue in emancipation hall re- alties. Speaker, again, I urge all Members to Sec. 403. Budget compliance. quires that a concurrent resolution be support this important part of the his- passed to authorize the use of the space tory of Hawaii. TITLE I—CELL PHONES AND ELECTRONIC FILING for their ceremony. I yield back the balance of my time. King Kamehameha is a legendary fig- SEC. 101. REMOVAL OF CELLULAR TELEPHONES The SPEAKER pro tempore. The AND SIMILAR TELECOMMUNI- ure to the people of Hawaii and the Pa- question is on the motion offered by CATIONS EQUIPMENT FROM LISTED cific. He was a king of great physical the gentleman from Pennsylvania (Mr. PROPERTY. and mental prowess who united the Ha- BRADY) that the House suspend the (a) IN GENERAL.—Subparagraph (A) of sec- waiian islands and prepared Hawaii for rules and agree to the concurrent reso- tion 280F(d)(4) (defining listed property) is the challenges of a new era. Kameha- lution, H. Con. Res. 243. amended by adding ‘‘and’’ at the end of meha was a fierce warrior, a resource- The question was taken; and (two- clause (iv), by striking clause (v), and by re- ful strategist, a visionary, ambitious designating clause (vi) as clause (v). thirds being in the affirmative) the (b) EFFECTIVE DATE.—The amendment leader, and, above all, an unrelenting rules were suspended and the concur- made by subsection (a) shall apply to taxable protector of his people. rent resolution was agreed to. years beginning after December 31, 2009. For much of its history, the Hawai- A motion to reconsider was laid on SEC. 102. ELECTRONIC FILING EXEMPTION FOR ian islands were controlled by com- the table. RELIGIOUS REASONS. peting chiefs. They waged frequent bat- f Paragraph (3) of section 6011(e) (relating to tles over land and resources and wit- special rule for tax return preparers) is nessed many civilian casualties. By TAXPAYER ASSISTANCE ACT OF amended by adding at the end the following bringing the islands together, Kameha- 2010 new subparagraph: meha ushered in a period of peace and Mr. LEWIS of Georgia. Mr. Speaker, ‘‘(D) EXEMPTION FOR RELIGIOUS REASONS.— The Secretary may exempt from require- prosperity. He has established laws, or- I move to suspend the rules and pass ments under subparagraph (A) a tax return ganized the government, sponsored ag- the bill (H.R. 4994) to amend the Inter- preparer who— riculture, encouraged trade, and built nal Revenue Code of 1986 to reduce tax- ‘‘(i) is a member of a recognized religious houses. payer burdens and enhance taxpayer sect or division thereof, and

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‘‘(ii) is an adherent of established teach- (b) CLERICAL AMENDMENT.—Section ministrative and legislative changes that ings or tenets that do not permit the use of 7526(c)(5) is amended by inserting ‘‘qualified’’ would be needed to receive and process infor- magnetic media.’’. before ‘‘low-income’’. mation returns before processing income tax SEC. 103. ACCELERATE INTEREST ON REFUNDS (c) EFFECTIVE DATE.—The amendments returns. FOR RETURNS FILED ELECTRONI- made by this section shall apply with respect (b) REPORT.—Not later than 1 year after CALLY. to grants made after the date of the enact- the date of the enactment of this Act, the (a) IN GENERAL.—Subsection (e) of section ment of this Act. Secretary shall submit a report to the Com- 6611 (relating to disallowance of interest on SEC. 303. EITC OUTREACH. mittee on Ways and Means of the House of certain overpayments) is amended by adding (a) IN GENERAL.—Section 32 (relating to Representatives and the Committee on Fi- at the end the following new paragraph: earned income) is amended by adding at the nance of the Senate containing the results of ‘‘(4) SPECIAL RULE.—In the case of any indi- end the following new subsection: the study conducted under subsection (a), to- vidual income tax return relating to income ‘‘(n) NOTIFICATION OF POTENTIAL ELIGI- gether with such recommendations as the tax filed by electronic means, paragraph (1) BILITY FOR CREDIT AND REFUND.— Secretary considers necessary or appropriate for implementation of these changes. shall be applied by substituting ‘30 days’ for ‘‘(1) IN GENERAL.—To the extent possible ‘45 days’ each place it appears.’’. and on an annual basis, the Secretary shall SEC. 308. STUDY ON EASING THE BURDEN OF IN- (b) EFFECTIVE DATE.—The amendments provide to each taxpayer who— PERSON TAX PAYMENTS. (a) IN GENERAL.—The Secretary of the made by subsection (a) shall apply to taxable ‘‘(A) for any preceding taxable year for Treasury shall conduct a study on how to re- years beginning after December 31, 2011. which credit or refund is not precluded by duce the number of taxpayers making pay- section 6511, and TITLE II—COLLECTION ments at IRS Taxpayer Assistance Centers. ‘‘(B) did not claim the credit under sub- SEC. 201. STUDY ON THE EFFECTIVENESS OF The report shall include an analysis of— section (a) but may be allowed such credit COLLECTION ALTERNATIVES. (1) whether the Federal Tax Deposit Cou- for any such taxable year based on return or (a) IN GENERAL.—The Secretary of the pon (Form 8109) could be expanded so that it return information (as defined in section Treasury shall conduct a study to assess the can be used with all Federal tax deposits and 6103(b)) available to the Secretary, effectiveness of collection alternatives, espe- payments, and cially offers-in-compromise, on long-term notice that such taxpayer may be eligible to (2) what current or new return filing, pay- tax compliance. Such a study shall analyze a claim such credit and a refund for such tax- ment, and proof of payment options could be group of taxpayers who applied for offers-in- able year. implemented to reduce the burden of in-per- compromise 5 or more years ago and com- ‘‘(2) NOTICE.—Notice provided under para- son payments. pare the amount of revenue collected from graph (1) shall be in writing and sent to the (b) REPORT.—Not later than 1 year after the taxpayers whose offers were accepted last known address of the taxpayer.’’. the date of the enactment of this Act, the with the amount of revenue collected from (b) EFFECTIVE DATE.—The amendment Secretary shall submit a report to the Com- the taxpayers whose offers were rejected, and made by this section shall take effect on the mittee on Ways and Means of the House of compare, among the taxpayers whose offers date of the enactment of this Act. Representatives and the Committee on Fi- were rejected, the amount they offered with SEC. 304. TAXPAYER NOTIFICATION OF SUS- nance of the Senate containing the results of the amounts collected. PECTED IDENTITY THEFT. the study conducted under subsection (a), to- (b) REPORT.—Not later than 1 year after (a) IN GENERAL.—Chapter 77 (relating to gether with such recommendations as the the date of enactment of this Act, the Sec- miscellaneous provisions), as amended by Secretary considers necessary or appro- retary of the Treasury shall submit a report this Act, is amended by adding at the end priate. to Congress containing the results of the the following new section: TITLE IV—REVENUE PROVISIONS study conducted under subsection (a). ‘‘SEC. 7529. NOTIFICATION OF SUSPECTED IDEN- SEC. 401. EXPANSION OF BAD CHECK PENALTY SEC. 202. REPEAL OF PARTIAL PAYMENT RE- TITY THEFT. TO ELECTRONIC PAYMENTS. QUIREMENT ON SUBMISSIONS OF ‘‘If, in the course of an investigation under (a) IN GENERAL.—Section 6657 (relating to OFFERS-IN-COMPROMISE. the internal revenue laws, the Secretary de- bad checks) is amended by adding at the end (a) IN GENERAL.—Section 7122 is amended termines that there was or may have been an the following: ‘‘Except as otherwise provided by striking subsection (c) and by redesig- unauthorized use of the identity of the tax- by the Secretary, any authorization of a pay- nating subsections (d), (e), (f), and (g) as sub- payer or a dependent of the taxpayer, the ment by commercially acceptable means section (c), (d), (e), and (f), respectively. Secretary shall, to the extent permitted by (within the meaning of section 6311) shall be (b) CONFORMING AMENDMENTS.— law— treated for purposes of this section in the (1) Paragraph (3) of section 7122(d) is ‘‘(1) as soon as practicable and without same manner as a check.’’. amended— jeopardizing such investigation, notify the (b) EFFECTIVE DATE.—The amendment (A) by inserting ‘‘and’’ at the end of the taxpayer of such determination, and made by subsection (a) shall apply to author- subparagraph (A), ‘‘(2) if any person is criminally charged by izations of payments made after December (B) by striking ‘‘, and’’ at the end of sub- indictment or information with respect to 31, 2010. paragraph (B) and inserting a period, and such unauthorized use, notify such taxpayer SEC. 402. INCREASE IN INFORMATION RETURN (C) by striking subparagraph (C). as soon as practicable of such charge.’’. PENALTIES. (2) Subsection (f) of section 6159 is amended (b) CLERICAL AMENDMENT.—The table of (a) FAILURE TO FILE CORRECT INFORMATION by striking ‘‘section 7122(e)’’ and inserting sections for chapter 77 is amended by adding RETURNS.— ‘‘section 7122(d)’’. at the end the following new item: (1) IN GENERAL.—Subsections (a)(1), (c) EFFECTIVE DATE.—The amendments ‘‘Sec. 7529. Notification of suspected iden- (b)(1)(A), and (b)(2)(A) of section 6721 are made by this section shall apply to offers tity theft.’’. each amended by striking ‘‘$50’’ and insert- submitted after the date of the enactment of ing ‘‘$100’’. (c) EFFECTIVE DATE.—The amendments this Act. made by this section shall apply to deter- (2) AGGREGATE ANNUAL LIMITATION.—Sub- TITLE III—TAXPAYER ASSISTANCE AND minations made after the date of the enact- sections (a)(1), (d)(1)(A), and (e)(3)(A) of sec- PROTECTION IMPROVEMENTS ment of this Act. tion 6721 are each amended by striking ‘‘$250,000’’ and inserting ‘‘$1,500,000’’. SEC. 301. REFERRALS TO LOW-INCOME TAX- SEC. 305. CLARIFICATION OF IRS UNCLAIMED RE- (b) REDUCTION WHERE CORRECTION WITHIN PAYER CLINICS PERMITTED. FUND AUTHORITY. 30 DAYS.— (a) IN GENERAL.—Subsection (c) of section Paragraph (1) of section 6103(m) (relating (1) IN GENERAL.—Subparagraph (A) of sec- 7526 is amended by adding at the end the fol- to tax refunds) is amended by inserting ‘‘, tion 6721(b)(1) is amended by striking ‘‘$15’’ lowing new paragraph: and through any other means of mass com- and inserting ‘‘$30’’. ‘‘(6) TREASURY EMPLOYEES PERMITTED TO munication,’’ after ‘‘media’’. (2) AGGREGATE ANNUAL LIMITATION.—Sub- REFER TAXPAYERS TO QUALIFIED LOW-INCOME SEC. 306. STUDY ON DELIVERY OF TAX REFUNDS. sections (b)(1)(B) and (d)(1)(B) of section 6721 TAXPAYER CLINICS.—Notwithstanding any (a) IN GENERAL.—The National Taxpayer are each amended by striking ‘‘$75,000’’ and other provision of law, officers and employ- Advocate shall conduct a study on the feasi- inserting ‘‘$250,000’’. ees of the Department of the Treasury may bility of delivering tax refunds on debit (c) REDUCTION WHERE CORRECTION ON OR refer taxpayers for advice and assistance to cards, prepaid cards, and other electronic BEFORE AUGUST 1.— qualified low-income taxpayer clinics receiv- means to assist individuals that do not have (1) IN GENERAL.—Subparagraph (A) of sec- ing funding under this section.’’. access to financial accounts or institutions. tion 6721(b)(2) is amended by striking ‘‘$30’’ (b) EFFECTIVE DATE.—The amendment (b) REPORT.—Not later than 1 year after and inserting ‘‘$60’’. made by this section shall apply to referrals the date of enactment of this Act, the Na- (2) AGGREGATE ANNUAL LIMITATION.—Sub- made after the date of the enactment of this tional Taxpayer Advocate shall submit a re- sections (b)(2)(B) and (d)(1)(C) of section 6721 Act. port to Congress containing the results of are each amended by striking ‘‘$150,000’’ and SEC. 302. LOW-INCOME TAXPAYER CLINICS. the study conducted under subsection (a). inserting ‘‘$500,000’’. (a) INCREASE IN AUTHORIZED GRANTS.— SEC. 307. STUDY ON TIMELY PROCESSING AND (d) AGGREGATE ANNUAL LIMITATIONS FOR Paragraph (1) of section 7526(c) (relating to USE OF INFORMATION RETURNS. PERSONS WITH GROSS RECEIPTS OF NOT MORE aggregate limitation) is amended by striking (a) IN GENERAL.—The Secretary of the THAN $5,000,000.—Paragraph (1) of section ‘‘$6,000,000’’ and inserting ‘‘$20,000,000’’. Treasury shall conduct a study on the ad- 6721(d) is amended—

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2533 (1) by striking ‘‘$100,000’’ in subparagraph tion, the National Taxpayer Advocate, sonable to me as it could result in (A) and inserting ‘‘$500,000’’, and Members of the House from both more efficient delivery of tax refunds (2) by striking ‘‘$25,000’’ in subparagraph sides of the aisle. to taxpayers who need their money (B) and inserting ‘‘$75,000’’, and This bill has over a dozen provisions right away to pay their bills. (3) by striking ‘‘$50,000’’ in subparagraph (C) and inserting ‘‘$200,000’’. that will help taxpayers. It will help For these reasons and more, I am (e) PENALTY IN CASE OF INTENTIONAL DIS- taxpayers who are struggling in this happy to support this legislation REGARD.—Paragraph (2) of section 6721(e) is economy by making it easy to enter today. But, Mr. Speaker, my support amended by striking ‘‘$100’’ and inserting into payment options with the IRS. It for this legislation does not reduce my ‘‘$250’’. will also help low-income taxpayers by disappointment in the antitaxpayer (f) ADJUSTMENT FOR INFLATION.—Section improving the IRS services that are legislation that this majority has en- 6721 is amended by adding at the end the fol- available to them, and it will help acted into law over the last 15 months, lowing new subsection: ‘‘(f) ADJUSTMENT FOR INFLATION.— small businesses and nonprofit organi- nor does it change my belief that we ‘‘(1) IN GENERAL.—For each fifth calendar zations by relaxing the record-keeping could do much more for hardworking year beginning after 2012, each of the dollar requirements for cell phones that they taxpayers. amounts under subsections (a), (b), (d) (other provide to their employees. If we really wanted to do some good than paragraph (2)(A) thereof), and (e) shall This bill addresses issues that have for taxpayers today, we might elimi- be increased by such dollar amount multi- been raised in hearings of the Ways and nate all the powers given to the IRS plied by the cost-of-living adjustment deter- Means Subcommittee on Oversight, under the new health care law, like mined under section 1(f)(3) determined by which I chair, and in legislation intro- putting the IRS in charge of enforcing substituting ‘calendar year 2011’ for ‘calendar year 1992’ in subparagraph (B) thereof. duced by other Members of the House. a new requirement that every Amer- ‘‘(2) ROUNDING.—If any amount adjusted Many of the provisions in this bill ican family purchase government-ap- under paragraph (1)— enjoy broad bipartisan support. Today, proved health insurance; taxing fami- ‘‘(A) is not less than $75,000 and is not a in recognition of taxpayers, the Con- lies that don’t have government-ap- multiple of $500, such amount shall be round- gress will look beyond what divides us proved health insurance, at least $2,000 ed to the next lowest multiple of $500, and and respond to the needs of our tax- for a family of four; and if the family ‘‘(B) is not described in subparagraph (A) payers. I urge my colleagues on both doesn’t pay a tax, allowing the IRS to and is not a multiple of $10, such amount sides of the aisle to join me in passing impose civil penalties and interest, and shall be rounded to the next lowest multiple of $10.’’. this good and necessary piece of legis- even confiscate that family’s tax re- (g) EFFECTIVE DATE.—The amendments lation. fund. made by this section shall apply with respect Mr. Speaker, I reserve the balance of Mr. Speaker, if we really wanted to to information returns required to be filed my time. do some good for taxpayers today, we on or after January 1, 2011. Mr. BOUSTANY. Mr. Speaker, I yield could make permanent the important SEC. 403. BUDGET COMPLIANCE. myself such time as I might consume. tax relief enacted in 2001 and 2003, The budgetary effects of this Act, for the (Mr. BOUSTANY asked and was which provides relief to every Amer- purpose of complying with the Statutory given permission to revise and extend ican that pays income taxes and which Pay-As-You-Go Act of 2010, shall be deter- his remarks.) are set to expire at the end of this mined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legisla- Mr. BOUSTANY. Mr. Speaker, I rise year. And we could find a permanent tion’’ for this Act, submitted for printing in in support of H.R. 4994. This legislation solution to the growing reach of the al- the Congressional Record by the Chairman of contains provisions that will make tax ternative minimum tax, which threat- the Committee on the Budget of the House of season a little easier for many Amer- ens to engulf millions of middle class Representatives, provided that such state- ican families; and, therefore, it’s wor- families if Congress fails to act. But ment has been submitted prior to the vote on thy of my support. this bill does not provide such relief for passage. There are some good, bipartisan ideas American taxpayers, and so although I The SPEAKER pro tempore. Pursu- in this bill. For example, it makes think the bill takes some very positive ant to the rule, the gentleman from sense to shield employees from burden- steps, it also represents a missed op- Georgia (Mr. LEWIS) and the gentleman some paperwork requirements when portunity. from Louisiana (Mr. BOUSTANY) each they use their employer-provided cell I intend to support this bill, Mr. will control 20 minutes. phones to call their spouses to see if Speaker, but I believe we could have The Chair recognizes the gentleman they need to pick up milk on the way and should have done so much more for from Georgia. home. Our colleague from Texas, SAM hardworking Americans who send us GENERAL LEAVE JOHNSON, introduced that legislation here to conduct the Nation’s business Mr. LEWIS of Georgia. Mr. Speaker, and at last count it has over 200 co- and who entrust us with such a large I ask unanimous consent that all Mem- sponsors from both parties. portion of the fruits of their labor. bers may have 5 legislative days to re- This bill also includes bipartisan leg- Mr. Speaker, I reserve the balance of vise and extend their remarks on the islation that Chairman LEWIS and I in- my time. bill, H.R. 4994. troduced to make it easier for tax- Mr. LEWIS of Georgia. Mr. Speaker, The SPEAKER pro tempore. Is there payers to enter into offers and com- I reserve the balance of my time. objection to the request of the gen- promise with the IRS. Mr. BOUSTANY. Mr. Speaker, at this tleman from Georgia? time, I yield 3 minutes to the gen- b 1300 There was no objection. tleman from Texas (Mr. SAM JOHNSON), Mr. LEWIS of Georgia. Mr. Speaker, I am glad that our legislation was in- a distinguished member of the Com- I yield myself as much time as I may cluded in the bill, and I appreciate mittee on Ways and Means. consume. Chairman LEWIS reaching out to me in Mr. SAM JOHNSON of Texas. I thank Mr. Speaker, tomorrow is April 15, a bipartisan manner to find ways to the gentleman for yielding. the day Americans will file their in- make it easier for taxpayers and the I would like to thank the Ways and come tax returns. The IRS will receive IRS to resolve their disputes amicably. Means chairman for making my com- nearly 150 million tax returns this year This bill instructs the IRS to notify monsense cell phone fix the corner- and issue over 100 million refunds. We taxpayers when it discovers evidence stone of the Taxpayer Assistance Act know that taxpayers do not enjoy pre- that those taxpayers might be victims of 2010. Members may recognize this paring tax returns. The tax laws can be of identity theft. For example, when provision as a bipartisan bill, H.R. 690, complicated and difficult. We do, how- criminals attempt to claim tax refunds the Mobile Cell Phone Act, which I ever, thank them for complying with in the name of a law-abiding taxpayer, have introduced with Mr. POMEROY. the laws; and today, with this bill, we amazingly the IRS does not currently As we all know, in today’s 24/7 econ- will try to ease some of the burden. notify taxpayers when it discovers sus- omy, cell phones and BlackBerrys have On this day, the House is considering picious activity conducted in their become the modern version of landline the Taxpayer Assistance Act of 2010. I names. And this bill includes a study office phones. And yet, unlike landline am pleased that this bill contains pro- on whether the IRS can provide tax re- phones, workers and their employees posals supported by the administra- funds on debit cards. That sounds rea- are supposed to keep detailed call logs

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2534 CONGRESSIONAL RECORD — HOUSE April 14, 2010 or else they will face the wrath of the deficits and create more of a problem, would like to think we can do a lot of IRS. This means a business can lose its but if the Federal Government simply this on a bipartisan basis. So let’s take deduction while a worker can face lived within its means and followed this step today on cell phones. Working taxes for making personal calls. This is what President Obama is proposing as together across the aisle, let’s make just wrong. We don’t want to nickel it relates to the capping and freezing of this ridiculous requirement go away. and dime workers for making the occa- nondiscretionary spending, then we Let’s end the confusion at the IRS in sional personal call from a desk, and wouldn’t have this type of problem. terms of what they’re supposed to do, we shouldn’t for cell phones either. And so, like all speakers I think trying to enforce a provision that is Times have changed since Congress today were speaking in favor of this virtually unenforceable and ridiculous. passed this rule in 1989 when people bill, but my sense is that we can do Let’s pass this bill, clarify the law, and carried phones in a suitcase. I used to better. So my hope, my expectation, use this as an example that even in carry one myself when I was in the Air and my heartfelt desire is to have a this day and in this place we can work Force, and I could hardly carry it be- sense of protection, Mr. Speaker, for together to make sense of the Tax cause it was so heavy. They were used taxpayers. I think this bill is a little Code, and let’s increase our ambitions by the likes of high-flying corporate bit of a swing and a miss. I support the from here. executives and cost a small fortune. underlying bill, but we can clearly do Mr. LEWIS of Georgia. Mr. Speaker, Even the IRS gets it that times have better. in closing, I want to thank my good changed. In fact, last June, IRS Com- Mr. LEWIS of Georgia. Mr. Speaker, friend and colleague, Dr. BOUSTANY, missioner Doug Shulman said in his I continue to reserve. the ranking member of the sub- statement, ‘‘The passage of time, ad- Mr. BOUSTANY. Mr. Speaker, as I committee, and all the members of the vances in technology, and the nature of stated earlier, this legislation contains committee and all staff on both sides communication in the modern work- provisions that will make April 15 easi- for their help in bringing this bill be- place have rendered this law obsolete.’’ er for American taxpayers, and so I in- fore the floor. There you have it; even the IRS Com- tend to vote for the bill. I fully support H.R. 4994. I urge my missioner believes that this law needs Simplifying the treatment of cell colleagues on both sides of the aisle to to be changed. phones used by employees, eliminating vote ‘‘yes’’ for this bill. This provision will especially help the 20 percent down payment require- Mr. CONYERS. Mr. Speaker, I rise in strong our Nation’s small businesses. Accord- ment for offers in compromise, noti- support of H.R. 4994, the ‘‘Tax Assistance Act ing to an NFIB poll, nearly four out of fying taxpayers of suspected identity of 2010.’’ With Tax Day around the corner, five small businesses use a cell phone theft, and studying whether there are this Congress is continuing to build on its for work. Now more than ever we need more efficient ways to get tax refunds strong tax cutting record by instituting a series to stop penalizing our job-creating en- into people’s hands all makes sense and of commonsense tax cuts and credits. Among trepreneurs with this ridiculous tax will make a positive difference in peo- other things, this bill will require the IRS to pay rule. Startup small businesses and ple’s lives. interest when it sends taxpayer refunds late their employees have better things to But it’s also important to recognize and end the outdated practice of requiring do with their time than track each and what’s not this in this bill: Repeal of businesses to keep cumbersome records re- every call they make, and they health care mandates and taxes, pro- lated to their cell phone use. It will also make shouldn’t have to spend time worrying tecting taxpayers from automatic tax Tax Day less stressful in 2011, by allowing the that the IRS will hit them with taxes increases scheduled to go into effect IRS to provide additional help to low income for personal calls. Even the administra- next year, and finding a permanent so- tion agrees, as they included this pro- filers. lution to the ticking time bomb known In addition to the commonsense, pro-busi- posal in their budget. So how about let’s do away with this as the AMT. Hopefully, the majority ness tax cuts found in this bill, this Tax Day, outdated, obsolete tax rule once and will listen to the American people and Americans across the country will also be able for all. move forward on those priorities so to enjoy the $800 billion in tax cuts aimed at Mr. LEWIS of Georgia. Mr. Speaker, that taxpayers will have an easier time working families enacted by this Congress. I continue to reserve. on future tax days. These include the Recovery Act, the largest Mr. BOUSTANY. Mr. Speaker, I now Mr. Speaker, I urge my colleagues to health care tax cut in history, and tax credits yield 2 minutes to the gentleman from vote for this bill, and I yield back the and accelerated write offs for small busi- Illinois (Mr. ROSKAM), a distinguished balance of my time. nesses. Even Bruce Bartlett, President Rea- member of the Ways and Means Com- Mr. LEWIS of Georgia. Mr. Speaker, gan’s domestic policy advisor, noted that ‘‘fed- mittee. the gentleman from North Dakota, a eral taxes are very considerably lower by Mr. ROSKAM. I thank the gentleman very valuable member of the Ways and every measure since Obama became presi- for yielding. Means Committee, just came in, and I dent.’’ Mr. Speaker, this is a fine bill, and yield to him for 11⁄2 minutes. As Americans file their 2009 income taxes, on face value there are some good ele- Mr. POMEROY. I thank the chair for they may qualify for a series of other generous ments to the bill. Let me give you a yielding. I have just come from the on- tax cuts—for example, you could save money kind of behind-the-curtain look, going committee deliberations taking for attending college, making energy-saving though, at what could have been. place now, and I apologize for not being home improvements, purchasing a home for There was an amendment that was here earlier. the first time, or buying a new car. Other ben- offered in the Ways and Means Com- I am here to talk about the cell efits being claimed this year include: mittee that I thought was thoughtful. phone provision of this bill. I am The Making Work Pay tax credit—95 per- What it was trying to do was ulti- pleased to work with my friend, SAM cent of working families are already receiving mately create a sense of fairness for JOHNSON, on the other side of the aisle the Recovery Act’s Making Work Pay tax cred- families that find themselves being in addressing what really is an anach- it of $400 for an individual or $800 for married bumped up into tax brackets just sort ronism in the Tax Code. Maybe at the couples filing jointly in their 2009 paychecks— of through inflation, essentially. I of- time this technology was just coming and will continue to see these benefits in fered an amendment that would have into being this made sense, but pres- 2010. had the Office of Management and ently, to have exhaustive record keep- Expanded family tax credits—moderate in- Budget determine the spending growth ing of every business-provided cell come families with children may be eligible for rate by comparing the previous 2 years’ phone out there—especially given basi- an increase in the Earned Income Tax Credit nonsecurity discretionary spending cally the unlimited minutes usage and the additional Child Tax Credit. without regard to whether spending plans so common in the marketplace— Tax-free unemployment benefits—thanks to was offset. In a nutshell, it would have makes no sense whatsoever. the Recovery Act, individuals who received insulated families and taxpayers from You know, the longest journey begins unemployment insurance in 2009 do not have being boosted up into what is known as with a single step. We’ve got a long to pay taxes on the first $2,400 of such earn- ‘‘bracket creep.’’ journey ahead of us in terms of simpli- ings. Now, there are some folks that say, fying the Tax Code in ways that make I firmly believe that unemployment benefits well, all this would do is accelerate it much more sensible and clear, and I should never be taxed and I pledge to work in

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2535 the coming tax year to enact legislation that Mr. LEWIS of Georgia. Mr. Speaker, Whereas Wilma presented more than 100 would do away with this tax forever. In the on that I demand the yeas and nays. lectures on the challenges facing Native meantime, I will continue to work with my col- The yeas and nays were ordered. Americans and women in the 21st century The SPEAKER pro tempore. Pursu- and she served as the Wayne Morse Professor leagues to enact additional middle class tax at the University of Oregon for the fall se- cuts, like the Recovery Act and the Tax As- ant to clause 8 of rule XX and the Chair’s prior announcement, further mester of 2005 where she taught class on trib- sistance Act of 2010. I encourage my col- al government, law, and life; leagues to support the bill. proceedings on this motion will be Whereas Wilma held Honorary Doctorate Mr. CAMP. Mr. Speaker, I rise in support of postponed. Degrees from Yale University, Dartmouth the bill, which will make a few small, but im- f College, Smith College, Mills College, North- portant changes to the administration of our HONORING THE LIFE OF WILMA ern Arizona University, University of Okla- homa, Oklahoma City University, Oklahoma tax laws. PEARL MANKILLER There is no question that April 15th is the State University, Tulsa University, Drury Mr. BOREN. Mr. Speaker, I move to College, Saint Mary-of-the-Woods College, most feared date on the Calendar. It is viewed suspend the rules and agree to the reso- Rhode Island College, New England Univer- with dread for good reason. lution (H. Res. 1237) honoring the life of sity, and Northeastern State University; The tax code is mind-numbingly confusing. Wilma Pearl Mankiller and expressing Whereas Wilma held many honors, includ- It is a maze of forms and schedules and in- condolences of the House of Represent- ing the Montgomery Fellowship, Dartmouth structions that turns the simplest tax form into College; The Chubb Fellowship, Timothy atives on her passing. a lengthy challenge and that forces millions of Dwight College, Yale University; San Fran- The Clerk read the title of the resolu- cisco State University, Hall of Fame; an Americans to turn to help, whether from an action. countant, a professional tax preparer, or one Francisco State Alumna of the Year (1988), The text of the resolution is as fol- International Women of Distinction Award, of the many computer software programs de- lows: Alpha Delta Kappa, Oklahoma Hall of Fame, signed for this purpose. H. RES. 1237 Oklahoma Women’s Hall of Fame, National The bill before us does make a few good Whereas Wilma was born November 18, Women’s Hall of Fame, International Wom- changes to the code, including a provision 1945, at Hastings Indian Hospital in Tahle- en’s Forum Hall of Fame, Minority Business long championed by Congressman SAM JOHN- quah, Oklahoma, and had her roots planted Hall of Fame, and she was awarded the Presi- SON, a true American hero, that will end the deep in the rural community of Mankiller dential Medal of Freedom by then President long outdated requirement that employers Flats in Adair County, Oklahoma, where she Bill Clinton for her vision and commitment record and report their employees’ personal spent most of her life; to a brighter future for all Americans; use of company-provided cell phones and Whereas at age 10, her family moved to Whereas Wilma published several works, San Francisco as part of the Bureau of In- including ‘‘Every Day is a Good Day’’, Ful- Blackberries. crum Publishing 2004, ‘‘Mankiller: A Chief Another provision worthy of support will re- dian Affairs Relocation Program where she lived for two decades before returning to and Her People’’, co-authored, St. Martin’s quire the IRS to notify taxpayers they suspect Oklahoma in 1977; Press 1993, ‘‘A Reader’s Companion to the have been victims of identify theft. That cer- Whereas upon returning to Oklahoma, History of Women in the U.S.’’, co-edited, tainly makes sense. Wilma found a job as a community coordi- Houghton-Mifflin 1998, and she contributed And for those taxpayers who do file their re- nator at the Cherokee Nation capital and en- to many other publications, including an turns electronically, this bill will shorten the rolled in graduate courses at the University essay for Native Universe, the inaugural pub- time the IRS has to pay refunds before inter- of Arkansas in Fayetteville; lication of the National Museum of the Whereas in 1983 Wilma ran for the office of American Indian; est accrues. This is a taxpayer friendly provi- Whereas upon the announcement of her di- sion that will encourage electronic filing, which Deputy Chief alongside Ross Swimmer, then Principal Chief of the Cherokee Nation, and agnoses in March of 2010, Wilma offered is both faster and cheaper for the government. the two won the election and took office in words of inspiration: ‘‘I want my family and Finally, let me express my thanks to Con- August, 1983; friends to know that I am mentally and spir- gressman BECERRA for making some changes Whereas on December 5, 1985, Wilma was itually prepared for this journey; a journey to this bill that helped secure my support. sworn in to replace Chief Swimmer as Prin- that all human beings will take at one time As introduced, the bill would have estab- cipal Chief of the Cherokee Nation, making or another. I learned a long time ago that I lished a new authorization of up to $20 million her the first female to hold the office; can’t control the challenges the Creator per year to fund Volunteer Income Tax Assist- Whereas Wilma was formally elected to sends my way but I can control the way I serve as the first female Principal Chief of think about them and deal with them. On ance Centers. The IRS has funded these pro- balance, I have been blessed with an extraor- grams in the past without authorization, which the Cherokee Nation in 1987, and was overwhelmingly re-elected in 1991; dinarily rich and wonderful life, filled with is troubling enough. But of even more concern Whereas during her time as Principal incredible experiences. And I am grateful to is the fact that ACORN was a recipient of Chief, Wilma focused on education and have a support team composed of loving fam- these funds. health care, overseeing the construction of ily and friends. I will be spending my time Today, we know how badly ACORN was new schools, job-training centers, health with my family and close friends and engag- abusing the public trust, and I do applaud the clinics, community development, and a ing in activities I enjoy. It’s been my privi- IRS for heeding our call and canceling those award winning housing and water projects in lege to meet and be touched by thousands of low-income communities; people in my life and I regret not being able contracts when the extent of ACORN’s mis- to deliver this message personally to so conduct came to light. Whereas over the course of her three terms, Wilma made great strides to reinstate many of you’’; But I don’t yet have confidence that the gov- the traditional Cherokee culture and values, Whereas Chief Mankiller’s final days were ernment will avoid a similar mistake in the fu- especially the role of women, reinvigorating not marred by the impending sorrow of her ture and again fund groups like ACORN. Sim- the Cherokee Nation through community de- departure, but glowing reminiscence of her ply put, Congress should not authorize these velopment projects where men and women influence in years past; and grants until we know who will be receiving work collectively for the common good; Whereas Chief Mankiller passed away in them and how they will be used. Whereas during Wilma’s tenure she trans- the morning hours of April 6, 2010, at her home in rural Adair County, Oklahoma: ECERRA formed the Nation-to-Nation relationship be- And so I thank Mr. B for agreeing to Now, therefore, be it remove this language to allow the Congress to tween the Cherokee Nation and the Federal Government, met with Presidents Reagan, Resolved, That the House of Representa- examine the issue more closely. Bush, and Clinton to present critical tribal tives expresses— I urge a ‘‘yes’’ vote on the bill. issues, and co-chaired a national conference (1) gratitude to Wilma Mankiller for her Mr. LEWIS of Georgia. Mr. Speaker, between tribal leaders and cabinet members, significant contributions to the Nation, an I yield back the balance of my time. which helped facilitate the establishment of inspiration to women in Indian Country and The SPEAKER pro tempore. The an Office of Indian Justice within the U.S. across America, and for leaving a profound question is on the motion offered by Department of Justice; legacy that will continue to encourage and motivate all who carry on her work; and the gentleman from Georgia (Mr. Whereas upon leaving office Wilma continued her endeavors, serving on several philan- (2) deep sorrow at the passing of Chief LEWIS) that the House suspend the Mankiller and condolences to her friends and rules and pass the bill, H.R. 4994, as thropic boards, including 12 years on the board of trustees of the Ford Foundation, 4 family, especially her husband Charlie and amended. years on the Board of the Ms. Foundation for two daughters, Gina and Felicia, as well as The question was taken. Women, and 4 years on the board of the Sev- the Cherokee Nation and all those who knew The SPEAKER pro tempore. In the enth Generation Fund and the board of the her and were touched by her good works. opinion of the Chair, two-thirds being Freedom Forum and its subsidiary, the The SPEAKER pro tempore. Pursu- in the affirmative, the ayes have it. Newseum; ant to the rule, the gentleman from

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2536 CONGRESSIONAL RECORD — HOUSE April 14, 2010 Oklahoma (Mr. BOREN) and the gentle- hind a profound legacy which will con- member getting advice, and I remem- woman from Washington (Mrs. tinue to encourage and to motivate all ber her speaking in a very unvarnished MCMORRIS RODGERS) each will control who carry on her work. way. I can’t count the number of times 20 minutes. Finally, I would like to express our that I heard her say in speeches when The Chair recognizes the gentleman deepest condolences on behalf of the she got up—she loved to speak truth to from Oklahoma. U.S. House of Representatives to her power—that she identified herself: ei- GENERAL LEAVE friends and her family, especially to ther I am or have been the principal Mr. BOREN. Mr. Speaker, I ask unan- her husband, Charlie Soap, and to the chief of the Cherokee Nation. If the imous consent that all Members may entire Cherokee Nation for the loss of United States Government had had its have 5 legislative days in which to re- this wonderful lady. way, I would never have been a chief; vise and extend their remarks and in- I reserve the balance of my time. there would never have been a Cher- clude extraneous material on the reso- Mrs. MCMORRIS RODGERS. At this okee Nation or it would have ended, lution under consideration. time, I yield such time as he may con- and also tribes would have been elimi- The SPEAKER pro tempore. Is there sume to the gentleman from Oklahoma nated. That is where she began her con- objection to the request of the gen- (Mr. COLE). versation. tleman from Oklahoma? Mr. COLE. I thank the gentlewoman. She was a role model, of course, to There was no objection. Mr. Speaker, Wilma Mankiller led a women and to Native Americans every- Mr. BOREN. Mr. Speaker, I rise remarkable life. As my friend Con- where, particularly to my mother, who today to honor the memory of a great gressman BOREN so eloquently stated, was the first Native American elected woman, a lady who has been an inspira- her beginnings were awfully humble. to the State Senate in Oklahoma. She tion to women and also throughout In- Frankly, they didn’t get much better was a close friend of Chief Mankiller’s. dian country, Chief Wilma Pearl for a long time. She traveled to Cali- Like me, my mother admired her quite Mankiller. fornia, and unlike a lot of Oklahomans, profoundly. On the morning of April 6, 2010, Chief did not find the prosperity that so As a leader, she was always prin- Wilma Mankiller, the first female lead- many had found, so she returned home cipled; she was determined; she was vi- er of the Cherokee Nation, steward of and went to work for the Cherokee Na- sionary, but she was supremely prac- Native American cultural traditions, tion. For over a decade, she worked tical in her political pursuits. She was tough; she was shrewd; she was dedi- and an advocate for advancing the role through a succession of posts of in- cated to the Cherokee people, and she of women in tribal affairs, passed away creasing responsibility. Eventually, she was dedicated to Native Americans. at her home in rural Adair County, became, of course, the principal chief She was an extraordinarily fierce de- Oklahoma. of the second largest Indian tribe in fender of the concept of tribal sov- Chief Mankiller was a passionate ac- America, the first woman to do so and ereignty. She understood it in her tivist for the continued enhancement arguably the best leader the tribe has bones; she advocated it and, frankly, of native peoples and one of the coun- had since its removal from North Caro- enhanced it, not only for her own peo- try’s most visible American Indian lu- lina to Oklahoma. ple but for Native Americans every- minaries. From her birth on November During her tenure as chief, she more than tripled the number of Cherokees. where. 18, 1945, at the small Hastings Indian Having said that, she was always Hospital in Tahlequah, Oklahoma, to She doubled tribal employment. She added dozens of programs in nutrition, willing to partner with anyone. It her service as Principal Chief of the didn’t matter what your point of view Cherokee Nation, Wilma celebrated social services, education, and cultural awareness. Frankly, she made the was. It didn’t matter what your values and nurtured her intense tribal herit- were. She was a very devoted Demo- age which was deeply rooted in a con- Cherokee Nation even more than it was—a force to be reckoned with, but a crat. My mother was a very fierce Re- nection to the rural community of publican. They found common ground Mankiller Flats, Adair County, where beneficent force, not only in northeast Oklahoma, not only within the lives of again and again on issue after issue. she spent a large part of her life. In closing, I want to join my friend its citizens, but, quite frankly, in In- As an accomplished social activist Mr. BOREN in expressing my profound dian Country and in American politics. for Indian prosperity, she devoted all sympathy to her family, obviously to She was recognized for her extraor- her energies to the well-being of Native the great Cherokee Nation and to Na- dinary achievements over a lifetime— Americans and to expanding roles for tive Americans everywhere. I mean honorary degrees, boards and founda- women through her participation in or- this with all sincerity that I have not tions and, of course, again, as my col- ganizations like the Ford Foundation, seen her like before in my life. I don’t league and friend Mr. BOREN men- the Seventh Generation Fund, and the think any of us will see her like again. Freedom Forum. She also reinstated tioned, the highest civilian award that Mr. BOREN. At this time, I yield 30 dialogue between the Cherokee Nation any American can receive, the Medal of seconds to the gentleman from Cali- and the Federal Government, which ul- Freedom. fornia (Mr. GEORGE MILLER). timately helped establish the Office of I knew Wilma Mankiller very well. Mr. GEORGE MILLER of California. Indian Justice. She led a life based on principles. The I thank the gentleman for yielding. Wilma received numerous accolades first one was just absolute personal in- I want to thank both of my col- for her tireless efforts at improving the tegrity. She was one of the most hon- leagues from Oklahoma for this resolu- general welfare of both Indian country est and honorable people I had ever tion. and our Nation, not the least of which met in my life. The second was humil- Mr. Speaker, I had the great honor of was the Presidential Medal of Freedom ity. She was the most approachable working with Chief Wilma Mankiller in awarded to her by President Bill Clin- person you would ever want to know. my service on the Resources Com- ton. She had a total lack of pretension, and mittee and as Chair of that committee. she believed very profoundly in service She was a magnificent person, and we 1315 b to others—in service, yes, to her tribe; honor her as one of the great women in Despite all of her great personal ac- in service, yes, to Native Americans; American history. She was all of the complishments, Chief Mankiller de- but in service beyond, as a creed and as things that my colleagues have said, sired only ‘‘to be remembered as the a value, that she lived and acted on but when she came through your door, person who helped us restore faith in every single day of her life. you knew you were about to do busi- ourselves.’’ She was a remarkable person to talk ness. She was also very quick to humor To fulfill that wish and to honor her, to because she was completely candid and very often would use humor as well I have introduced this resolution in in her conversations, which is very un- as she would use knowledge in dis- gratitude to Chief Wilma Mankiller for usual, particularly for a political fig- arming those who opposed her. her significant contributions and serv- ure. If you are chief of the Cherokee The SPEAKER pro tempore. The ice to the Nation. She remains an in- Nation, I can assure you, you are a con- time of the gentleman has expired. spiration to women in Indian Country siderable and skillful politician in your Mr. BOREN. I yield the gentleman an and across America, and she leaves be- own right. On many occasions, I re- additional 30 seconds.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2537 Mr. GEORGE MILLER of California. and Felicia, as well as the Cherokee Mr. BOREN. Mr. Speaker, I yield I had a real opportunity to work inte- Nation, and all those who knew her and back the balance of my time. grally with her on the issues of sov- were touched by her good works.’’ The SPEAKER pro tempore. The ereignty at a time when the Supreme I would just like to say I knew Wilma question is on the motion offered by Court was attacking at that moment as a young boy. I got to meet Wilma the gentleman from Oklahoma (Mr. some very essential parts of tribal sov- through many festivals and pow-wows BOREN) that the House suspend the ereignty. with my father when he served in the rules and agree to the resolution, H. I am sorry to hear of her passing; but U.S. Senate. She was always so kind, Res. 1237. I have great, great memories of work- and she was always lending advice to The question was taken; and (two- ing with her, of her leadership, of her me. Then after I was elected to Con- thirds being in the affirmative) the advocacy, of her passion, and of her gress—and Congressman COLE was very rules were suspended and the resolu- running so true to her values no matter correct—the term I would say is tion was agreed to. what the situation. If she couldn’t suc- ‘‘blunt’’—she was very blunt in her po- A motion to reconsider was laid on ceed today, she’d be back tomorrow. litical advice. She would call me when- the table. Very often, she was. ever something would happen within f Thank you again so very much for the Cherokee Nation or here in Con- this resolution, which recognizes the gress and would give me some advice, HONORING COAL MINERS FROM contributions of this outstanding very direct advice, and she was always UPPER BIG BRANCH MINE IN woman to the history of our country. right in her advice. We are going to WEST VIRGINIA Mrs. MCMORRIS RODGERS. I yield miss her deeply. Mr. GEORGE MILLER of California. myself such time as I may consume. So, in closing, I would ask my col- Mr. Speaker, I move to suspend the Mr. Speaker, I rise in support of this leagues to support this resolution to rules and agree to the resolution (H. resolution, which honors the life of honor this great woman. Res. 1236) honoring the coal miners Wilma Mankiller, and I wish to asso- Ms. RICHARDSON. Mr. Speaker, as a who perished in the Upper Big Branch ciate myself with the remarks of the member of the Native American Caucus, I rise Mine-South in Raleigh County, West previous speakers in expressing the today in strong support of House Resolution Virginia, extending condolences to condolences of the House of Represent- 1237, a resolution recognizing and honoring their families and recognizing the val- atives on her passing. the life of Wilma Pearl Mankiller. Chief iant efforts of emergency response There are many of us who did not Mankiller was an ardent advocate for the Na- workers at the mine disaster. have the opportunity to meet Wilma tive American community and an inspiration to The Clerk read the title of the resolu- Mankiller. Nonetheless, as we deal the rest of the nation, and I am proud to sup- tion. with Indian affairs in Congress, all of port this resolution honoring her. The text of the resolution is as fol- us touch some part of the legacy of her I would like to thank Congressman BOREN lows: accomplishments left to the great for authoring this important resolution, and H. RES. 1236 Cherokee Nation and Indian Country. House Majority Leader STENY HOYER and In a recent article on her death, Whereas coal mining is a time-honored Speaker NANCY PELOSI for their skill and lead- profession and miners and their families Cherokee Chief Chad Smith states that ership in bringing it to the floor. have shaped the history and rich culture of she was a patriot for the Cherokee Na- Mr. Speaker, Chief Wilma Mankiller inspired West Virginia and the Nation; tion. In 1998, she received the Presi- Native American women and girls across the Whereas the Nation is greatly indebted to dential Medal of Freedom from Presi- United States when she became principal coal miners for the difficult and dangerous dent Bill Clinton in recognition for her chief of the Cherokee Nation of Oklahoma, the work they perform to provide the fuel needed success as an Indian leader. second largest tribe in the United States. Born to keep the Nation strong and secure; Though Wilma Mankiller is further November 18, 1945 on family land at Mankiller Whereas the Nation has long recognized honored today by the House resolution, Flats near Rocky Mountain, Oklahoma, she at- the importance of health and safety protections for miners who labor in extreme and what stands out is the outpouring of tended San Francisco University, where she dangerous conditions; grief from the Cherokee citizens upon became an activist for Native American Whereas accidents in the Nation’s mines hearing the news of her death. I think causes. Chief Mankiller’s political career have again and again taken the lives of coal her greatest honor is the esteem and began when she was elected deputy chief of miners; respect in which she was held by her the Cherokee Nation in 1983, before becom- Whereas 29 West Virginia miners tragically fellow Cherokee people. ing principal chief in 1985. perished in the Upper Big Branch Mine- I commend the gentleman from Okla- This accomplishment gave her the oppor- South following an explosion on April 5, 2010; homa for sponsoring this resolution tunity and platform to become an unyielding Whereas this was the worst coal mining and for ensuring its consideration on disaster in the Nation over the last 40 years; activist for the continued enhancement of the Whereas Federal, State, and local rescue the House floor today. indigenous population. She was successful in crews worked tirelessly night and day in Mr. Speaker, I yield back the balance establishing tribally owned businesses, such courageous rescue and recovery efforts; of my time. as horticultural operations, improving infra- Whereas the families of the fallen miners Mr. BOREN. Mr. Speaker, just a few structure, and building a hydroelectric facility. have suffered immeasurable loss; and closing comments. I have a quote from In addition to this important work, she also ad- Whereas residents of Raleigh County and the President of the United States, vocated for Native American and women’s throughout West Virginia came together to Barack Obama: issues by improving federal and tribal negotia- support the miners’ families: Now, therefore, be it ‘‘I am deeply saddened to hear of the tions, as well as through her participation in passing of Wilma Mankiller today. As Resolved, That the House of Representa- organizations like the Ford Foundation, the tives— the Cherokee Nation’s first female Seventh Generation Fund, and the Freedom (1) recognizes the ultimate sacrifice made chief, she transformed the Nation-to- Forum. Because of her tireless efforts towards by the 29 coal miners lost at the Upper Big Nation relationship between the Cher- improving the general welfare of Native Ameri- Branch Mine-South, Raleigh County, West okee Nation and the Federal Govern- cans, Chief Mankiller has received numerous Virginia; ment, and served as an inspiration to awards, including the Presidential Medal of (2) extends the deepest condolences of the women in Indian Country and across Freedom. Nation to the families of these men; America. A recipient of the Presi- In conclusion, Mr. Speaker, I am pleased to (3) recognizes all coal miners for enduring dential Medal of Freedom, she was rec- the loss of their coworkers and maintaining support this resolution honoring the life and courage throughout this ordeal; ognized for her vision and commitment accomplishments of this extraordinary woman. (4) commends the rescue crews for their to a brighter future for all Americans. Her work and dedication have improved the valiant efforts to find these miners; and Her legacy will continue to encourage lives of Native Americans across the country, (5) honors the many volunteers who pro- and motivate all who carry on her as well as given Americans across the country vided support and comfort for the miners’ work. a better understanding of the Native American families during the rescue and recovery oper- ‘‘Michelle and I offer our condolences community. ations. to Wilma’s family, especially her hus- Mr. Speaker, I urge my colleagues to join The SPEAKER pro tempore. Pursu- band, Charlie, and two daughters Gina me in supporting H. Res. 1237. ant to the rule, the gentleman from

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2538 CONGRESSIONAL RECORD — HOUSE April 14, 2010 California (Mr. GEORGE MILLER) and The toil of these coal miners, of all hold accountable those who failed our the gentlewoman from Washington coal miners, has fueled our Nation’s miners, so help me God. (Mrs. MCMORRIS RODGERS) each will economic engine, ensuring our military Today the House of Representatives control 20 minutes. security by providing coal not just to honors the 29 miners lost in Raleigh The Chair recognizes the gentleman the generation of power but as an es- County last week. We express the con- from California. sential element in the steelmaking dolences of our Nation to their fami- GENERAL LEAVE process. All coal miners are deserving lies, and we recognize above all the val- Mr. GEORGE MILLER of California. of our gratitude and of our renewed iant efforts of the rescue workers, Mr. Speaker, I request 5 legislative commitment to ensure that such trage- those who placed their lives on the line days during which Members may revise dies never occur again. to save other lives, who answered the and extend their remarks and include Countless individuals can be thanked call the other day. Our first responders, extraneous material on House Resolu- for their help during this disaster. I our paramedics, our law enforcement tion 1236 into the RECORD. thank our Governor, Joe Manchin, III, personnel all came together. The SPEAKER pro tempore. Is there for his leadership; both of our U.S. Sen- May the Good Lord keep our lost objection to the request of the gen- ators, JAY ROCKEFELLER and ROBERT C. miners, may He care for their families, tleman from California? BYRD; our Secretary of Labor, Hilda and bless those rescue personnel who There was no objection. Solis, who twice visited us during this risked their own lives in service to oth- Mr. GEORGE MILLER of California. week; her assistant secretary for Mine ers. And may He watch over each and At this time, I yield 7 minutes to the Safety and Health Administration, Joe every coal miner who continues to gentleman from West Virginia (Mr. RA- Main, there every day and night; Ron work and continues to walk in the HALL). Wooten, our West Virginia division wake of risk in service to our Nation. Mr. RAHALL. Thank you, Mr. Chair- Mine Safety and Health training direc- Mrs. MCMORRIS RODGERS. Mr. man GEORGE MILLER. Speaker, I yield myself such time as I Mr. Speaker, last week, on Monday, tor; Jimmy Gianato, director of our may consume. April 5, an explosion tore through the West Virginia Homeland Security. Every day thousands of men and Upper Big Branch Mine in Raleigh, Both of these individuals were there women go to work in coal mines to West Virginia, taking the lives of 29 every day and night, 24/7, for an entire bring electricity to our homes to make good, hardworking men. It was the re- week. I thank our West Virginia head our lives easier, more comfortable. The peat of a recurring nightmare that has coach, Bobby Huggins, for his uplifting working conditions for these miners haunted the coalfields of our Nation for visit to the families. are anything but comfortable or easy. I generations, and it is a tragedy that By all accounts, the explosion that rise today to honor their work, and never should have occurred. took the lives of these 29 miners should Immediately upon receiving news of never have happened in this time, in sadly, the sacrifice of 29 men last Mon- the explosion at the Upper Big Branch this modern era. day in the Upper Big Branch Mine. Mine, I rushed to the scene to be with To quote the Mine Safety and Health This resolution offers our condo- the families. For me, it was, unfortu- Administration’s administrator for lences to these miners’ families as well nately, not an unfamiliar cir- coal mine safety and health, Kevin as the Nation mourns with them. It is cumstance. I have spent too many anx- Stricklin, who fought every hour, 24 also a time to pledge that we will work ious hours within the aftermath of hours a day, to help find our coal min- with the Federal agencies tasked to in- mine accidents in the midst of family ers, ‘‘All explosions are preventable. vestigate this accident, determine the and friends, of coworkers and sur- It’s just making sure you have things cause, and take the appropriate ac- vivors, awaiting word. The watching, in place to keep one from occurring. tions. hoping and praying for survivors to It’s quite evident that something went On Monday, April 5, we watched as emerge from the darkness into the very wrong here.’’ mine rescue teams and mine safety officials descended on Whitesville, West arms of their loved ones is a heart- b 1330 wrenching exercise, but being sur- Virginia, to go into the Upper Big rounded by such warmth and love, gen- There are multiple layers of laws and Branch Mine. The frustration was ap- erosity and faith is heartwarming at regulations in place to prevent such a parent as rescue teams attempted to the same time. disaster. There are modern tech- reach refuge chambers that night, but The people of coal mining commu- nologies. There were repeated, per- were unable to proceed far enough into nities, in particular those of southern sistent inspections. And yet 29 men the mine because of the dangerous lev- West Virginia, are a special breed. Gen- perished and one is hanging on in the els of gases. Mourning began for seven erations of these families go into our hospital. That this deadly explosion oc- families who knew immediately that mines. For so many of these miners, it curred is infuriatingly, frustratingly their loved ones were killed by the is not a job; it is a calling. They live heartbreaking, and I am determined blast. And then the agonizing waiting with the knowledge that there is risk, that we will get to the bottom of it and began. but they are proud to take that risk to ensure that steps are taken to prevent For a week, families waited for news labor in the company of good and loyal a recurrence of this type of explosion. of those who might have made it to friends, to earn an honest paycheck in We owe it to the miners who perished safety and those who had not. Four order to provide for their families and in Raleigh County last week. We owe it missing miners had the slightest hope for themselves. to their families. We owe it to their co- that they were safely barricaded in a The miners at Upper Big Branch were workers. chamber. The miracle that we hoped just such men. Like coal miners So many strong and tough West Vir- for did not happen. throughout the ages, they did difficult ginians came together to pray and to We cannot, however, forget the tire- work in dangerous circumstances. help these families. Our West Virginia less efforts of the mine rescue teams They labored underground in cramped State Police stood by every family’s and the government officials who conditions in the damp and the dark, side to help in any way they could. The worked around the clock to reach those but outside the mines, their lives were American Red Cross, Billy Graham’s trapped. Mine rescue teams volunteer full of light and love and joy. They had Crusade, family members of previous their time to train for the unthinkable, wives and children and grandchildren. mine disaster victims, and most impor- to put themselves in harm’s way. The They hunted, pranked and laughed to- tantly, our ministers, our pastors, our burden of recovery falls on these min- gether, and they experienced many West Virginia Council of Churches, all ers as they try to bring closure to the warm memories and gentle sorrows. who came from all over our great State families by bringing their loved ones While most Americans can scarcely to counsel, to cry, and to call upon home one more time. We honor their imagine what a coal miner’s day at God, who above all else will guide these courage in these very trying cir- work is really like or will never really families through this healing process. cumstances. understand our coal miners, we cer- With that inner strength that comes I urge my colleagues to vote ‘‘aye’’ tainly appreciate what their labors to the West Virginia people, we will get on House Resolution 1236, mourning have meant in our daily lives. through this tragedy together. We will the loss of miners in the Upper Big

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2539 Branch Mine, and honoring those par- miners’ families, and we come together there is a chance that they may not re- ticipating in the rescue and the recov- again in support of our community. turn to their families, yet they show ery operations. Mrs. MCMORRIS RODGERS. Mr. up every day. At 3:30 p.m., during the I reserve the balance of my time. Speaker, I yield such time as he may shift change, a massive explosion Mr. GEORGE MILLER of California. consume to the gentleman from Min- ripped through the Upper Big Branch I yield 3 minutes to the gentleman nesota (Mr. KLINE), the ranking mem- Mine and took the lives of 29 miners from West Virginia (Mr. MOLLOHAN). ber of the Education and Labor Com- and sent others to the hospital. While Mr. MOLLOHAN. Mr. Speaker, I mittee. the cause of this tragedy is still under thank the gentleman from California Mr. KLINE of Minnesota. I thank the investigation, today we memorialize for yielding, and I thank him also for gentlelady for yielding. those 29 miners who perished. his leadership on mine safety and Mr. Speaker, I rise today with my Our Nation sends our deepest condo- workplace safety. colleagues to honor the memory of the lences to those who have suffered this Mr. Speaker, I would also like to 29 miners who lost their lives in the terrible loss. We extend our heartfelt thank the sponsor of this resolution, Upper Big Branch Mine, and to express sympathies to families who have lost a my colleague from West Virginia’s our gratitude to the rescue teams who husband, a father, a brother, a son, or Third Congressional District, NICK RA- bravely pursued a tragic recovery mis- more. Those thoughts are with you and HALL. Coal miners and the coal indus- sion. The Nation watched in collective your communities in your suffering try have no greater champion than the apprehension last week as mine rescue these devastating losses. These losses chairman of the Natural Resources teams rushed from the coal fields of will remain long after the headlines Committee, Chairman RAHALL. Appalachia to the small town of fade from national attention. Mr. Speaker, tragedy has visited Whitesville to help their own. For a Today we also recognize the valiant West Virginia’s coal mines again. It is week we all clung to the hope that four efforts of the many rescue teams, who a visitor our State knows all too well. missing miners might have found ref- in many cases traveled long distances The names of the communities change uge. It was not to be. and risked their lives in hopes of sav- with each visit, and the years do as Over the weekend, the mine rescue ing their fellow miners. Many rescuers well. Monongah in 1907, Dola in 1963, teams performed a more solemn duty, had to evacuate the mine at least four Farmington in 1968, Sago in 2006, and bringing these men out of the mine one times as a result of explosive levels of now Raleigh County, April 2010. The final time. Under the best conditions methane gas. These brave men and names change, Mr. Speaker, but the mining is dangerous work. After an ex- women, who worked around the clock grief and the sorrow, they stay exactly plosion the mines are even more day after day, have the appreciation of the same. The mother who lost her son treacherous. Mine rescue teams under- this Congress and this Nation for their last week is united with the sister who take rigorous training and exercise val- selfless efforts. I would also like to recognize Con- lost her brother in 1968 and the daugh- iant resolve. Today we recognize their gressman NICK RAHALL, who grew up in ter who lost her father in 1907. bravery in the face of danger and trag- Mr. Speaker, shy of 2 million people Beckley, West Virginia, only a few edy. H. Res. 1236 honors their commit- miles south of the mine. Congressman live in my State. Maybe one in 90 earns ment to service. RAHALL sponsored this resolution and a living as a coal miner in the coal Chairman MILLER has announced our provided the much-needed rock of sup- fields. Most West Virginias have never intention to investigate this tragedy port for his constituents during this been underground, and most never will and seek answers on behalf of the fami- disaster. Reports have come back to be. But every one of us lives with the lies and the entire mining community. me of his consoling and listening to knowledge and the full appreciation of Our focus must be to determine what families, neighbors, and friends in his what can go wrong whenever a new caused this devastating loss so we can community. I know how much these shift of miners goes underground. Coal prevent it from ever happening again. families appreciate his support and mining is not just my State’s most im- The cameras have gone elsewhere and those efforts. portant industry, it is central to our this tragedy has faded from the hourly Over the last few years I have met culture and our social identity. When broadcasts. For the families, however, many families who have suffered simi- tragedy visits one of our communities, the devastation of the Upper Big lar tragic losses in mining disasters. it visits our entire State. It brings us Branch Mine will never disappear. With And what I have learned is that the im- together. It reminds us in sometimes a this resolution we offer our condo- pacts of these disasters far range what difficult life we can always look to that lences, we honor their loved ones, and we see in the general society because of larger community for support. we pledge our commitment to get to the history of these communities, the We saw those bonds in the rescue the bottom of this. culture of these communities, the work crews last week battling fatigue and Mr. GEORGE MILLER of California. ethic in these communities. These risking their lives. We see those bonds Mr. Speaker, I yield myself 3 minutes. tragedies spread across in an indelible in the volunteers on-site in Raleigh As my colleagues have recounted, on way with the loss of a single miner. County today. And we see those bonds Monday, April 5, an explosion rocked In the face of these overwhelming in the churches and the union halls and the Upper Big Branch Coal Mine in tragedies, these families are showing the schools throughout the State, Montcoal, West Virginia, killing 29 incredible strength and determination. wherever West Virginians come to- miners and injuring others. This was I made a promise to the families of gether. the worst mine disaster in the United Sago, to Aracoma Alma, to Darby, to There is hard work ahead of us and States in almost four decades. For over Crandall Canyon that we would do ev- there is pragmatic work ahead of us. two centuries, millions of West Vir- erything in our power to uncover the The engineers and the experts, they ginians’ livelihoods have depended on cause of these tragedies and do every- will come and they will analyze what extracting the State’s richest coal de- thing possible to prevent other miners went wrong in Raleigh County last posits. from suffering these similar fates. I week. This Congress will debate what Coal has left an indelible mark on want to extend that same promise to went wrong last week. We will assign the communities throughout West Vir- these families of Upper Big Branch responsibility. And we will consider ginia and Appalachia. For many of Mine and to the miners in the commu- what actions are necessary to make these communities, the mine may be nity, that we will continue that prom- the hard work of taking coal from the the only way to earn a decent living. ise and to get to the bottom of this ground less dangerous, to do all that is These miners are proud of their work tragic incident. possible to prevent such future trage- and their contribution to the American They paid the ultimate price in doing dies. That will be the most lasting tes- economy. Coal is in their blood, it is in the job our Nation depends upon. Every timonial we can offer those who lost their tradition, and it is their career. miner who goes to work every day their lives in Raleigh County. But we also know that underground must be able to return home safely to But today we acknowledge their loss, mining is one of the most dangerous their families at the end of that shift. we thank those who tried to save them, jobs in the world. Every day miners And Congress has an obligation to en- we offer our deepest condolences to the show up for their shift knowing that sure that that remains the case.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2540 CONGRESSIONAL RECORD — HOUSE April 14, 2010 I reserve the balance of my time. The coal companies must be vigilant mediately must provide the back- Mrs. MCMORRIS RODGERS. Mr. and must follow the rules in every ground and the legal authority for Speaker, I yield such time as she may case. No excuses. Keeping our miners more funds to hire more administrative consume to the gentlewoman from safe requires a collaborative approach law judges so that we can expedite the West Virginia (Mrs. CAPITO). between the regulators and the mining appeals process. b 1345 industry. Both must expand their In addition to scrutinizing Massey health and safety programs to prevent Energy’s role in this disaster, we need Mrs. CAPITO. I thank the gentle- hazards from starting in the first place. to look at MSHA’s role as well. Is woman for yielding me the time. Otherwise, reforms Congress clearly in- MSHA using all the authority it has Mr. Speaker, I rise today with my tended to address with the passage of under current law to prevent these ex- fellow West Virginians and those of us the MINER Act will be rendered mean- plosions? Does MSHA need more au- in this Congress in support of today’s ingless. Congress has a very important thority to carry out their mission? As resolution to extend our condolences to oversight role in scrutinizing issues the chair of the Workforce Protection the families of the 29 miners who were that lead to this disaster. Subcommittee, I will be working close- killed in last week’s mine disaster in There must be, and I am sure there ly with Chairman MILLER, with Rank- Montcoal, West Virginia. will be, a very thorough investigation ing Member KLINE, and Congress- I would like to thank my colleague, into this tragedy to determine what woman MCMORRIS RODGERS and Rep- Congressman RAHALL, for his steadfast further action must be taken to pre- resentative RAHALL and all of the oth- support, his compassion, and his empa- vent this from ever happening again. I ers in this Congress, which is probably thy for those in his district who have vow to take whatever measures are 435 of us, knowing that we must take suffered an unimaginable loss. His necessary to ensure the safety and the steps that are necessary to prevent strength and compassion was very evi- health of our coal miners. any future mining disasters. dent to all of us who watched the ac- I join today with my colleagues and Mrs. MCMORRIS RODGERS. Mr. tivities as they unfolded in Raleigh really the entire Nation to extend our Speaker, I reserve the balance of my County. condolences to those families of the time. I would also like to thank our Gov- lost miners and to the communities Mr. GEORGE MILLER of California. ernor, Governor Manchin. He was a surrounding. This is a devastating loss Mr. Speaker, I yield 2 minutes to the stalwart comforter in chief to many of for all of us, and the warmth and pray- gentleman from Illinois (Mr. HARE). us because, as my fellow colleagues ers that have been sent to those of us Mr. HARE. Mr. Speaker, on April 5, from West Virginia has said, if one living in West Virginia and particu- 29 hardworking men—fathers, brothers, West Virginian suffers, we all suffer. larly in the Montcoal area are wel- sons, and husbands—left home for a I would also like to thank the out- comed and well received. day at work. All thought they would standing efforts of the mine rescue I ask my colleagues to join me in return home safely to their families teams and the many volunteers who passing this resolution. that night, but, sadly, they didn’t. provided their support and prayers. Mr. GEORGE MILLER of California. I stand in solidarity with my col- The accident that occurred at Per- Mr. Speaker, I yield 3 minutes to the leagues from West Virginia and all formance Coal Company’s Upper Big gentlewoman from California (Ms. across this Nation in honoring the 29 Branch mine has taken an immense WOOLSEY), subcommittee chairman of coal miners that were lost. toll on all West Virginians and left a Workforce Protections. I wish to express my deepest sym- community shattered, very sad, and Ms. WOOLSEY. This resolution pathies to each of the families of the very shaken. After 6 days of waiting for rightly honors the 29 courageous coal workers who perished in the West Vir- any news, rescue workers located the miners who were senselessly killed in ginia mine explosion. I know the loss four missing miners and found no sur- the explosion at the Upper Big Branch you have experienced will stay with vivors. While we were all hoping for a mine in Raleigh County, West Virginia, you forever, and I hope that you can miracle, unfortunately, we were left last week; and it supports those family take some solace in knowing that all with the sad conclusion. members left behind. Our deepest sym- Americans share in your grief. Too many families have suffered the pathies go out to these families, and we I would also like to take this oppor- tragic loss of losing a loved one in a also hope for the speedy recovery of the tunity to express my utmost gratitude mine disaster. Last week’s explosion two miners who were injured. to the rescue teams who have so tire- was the worst mining disaster in an Miners, like all working people, are lessly and heroically risked their own American mine in 40 years and the the basis for America’s future. And it lives in an effort to save others. Your third major mining disaster in West is true that miners work in a very dan- bravery does not go unnoticed and is Virginia in the last 4 years. An explo- gerous profession, but there is abso- appreciated by all Americans. sion at the Sago mine in my district on lutely no excuse for a tragedy like this The explosion at the Upper Big January 2, 2006, trapped 13 miners for one. We don’t know yet the cause of Branch mine was America’s worst min- nearly 2 days. By the grace of God, one this explosion, but the investigations ing disaster in 40 years, and the toll on miner survived. have begun. all West Virginians has been dev- We cannot forget the grief and suf- We do know, however, that Massey astating. It requires us to again ask fering of the families, friends, and co- Energy, the mine owner, was cited for our colleagues on both sides of the workers of all the miners who have 450 safety violations in the year 2009 aisle, with four mine disasters in the died. These are deaths that can and for the Upper Big Branch mine. Massey last 4 years, how many more tragedies must be prevented. The rescue workers contested most of these citations, have to occur before we start taking were valiant, working around the clock keeping the violations in legal limbo mine safety more seriously and imple- to find their fallen brothers and to help and preventing MSHA from estab- ment strong reforms to protect all of the families in their horrible time of lishing a pattern of violations that our miners? grief. could have led to a shutdown of the I ask my colleagues on both sides of Following Sago, Congress rightly mine; and it could have increased scru- the aisle to work with Chairman MIL- passed stricter mine safety regulations tiny of this owner and possibly pre- LER and Chairwoman WOOLSEY to to enhance inspector programs, im- vented these disasters. honor these miners through action. prove emergency response, and put in These appeals filed by the companies While we cannot bring back the men place protections to prevent future like Massey have created a tremendous that were lost, we can do more to ad- mine disasters. To ensure that all backlog at the MSHA Review Commis- vance the cause of workplace safety mines receive regular inspection, Con- sion, a backlog that has increased from across this country; and we should gress has increased MSHA funding, be- 1,500 cases in the year 2005 to 16,000 start by ensuring that MSHA has the cause MSHA had been unable to meet cases today. The Review Commission tools, the staff, and technology to pre- these mandated responsibilities. does not have the resources to resolve vent tragedies such as these. The re- However, new rules and regulations a backlog of this size in a timely fash- port yesterday that a computer error are useless if they are not enforced. ion, so we as Members of Congress im- prevented Upper Big Branch mine from

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2541 being identified as a risk is deeply dis- uncover what has taken place here But as we move away from that trag- turbing and completely and totally un- with the tragedy that existed. edy, our concern for the families must acceptable. All Americans deserve to With that, Mr. Speaker, I yield 1 be reflected in our decisions here and work in a place that is safe, and we minute to the Speaker of the House, the insistence that we have on uphold- must take whatever steps are nec- the gentlewoman from California (Ms. ing standards. We must, as I say, re- essary to ensure a disaster like this PELOSI). double our efforts to minimize the risk will never happen again. Ms. PELOSI. I thank the chairman to those workers. Again, I want to join my colleagues for yielding. I thank him for his leader- Today we acknowledge the brave ef- in expressing my deepest condolences ship on this important issue and the forts of their fellow coal miners who to those affected by this devastating attention that he has called to it over were part of the response team and tragedy. I assure each of the affected time and the focus that he has had other first responders who worked tire- families and communities that your since day one when we learned of this lessly in the hope of rescue and bravely loss will not be forgotten and the mem- tragedy. on behalf of recovery. ory of these coal miners will inspire me I want to join our colleagues, Chair- Mr. Speaker, many of the families and my colleagues to take bold action man RAHALL, in whose district this who lost miners this week have spoken on mine safety. tragedy occurred, Mr. MOLLOHAN and of their deep faith and how that has I thank the gentleman for the time. Mrs. CAPITO to extend condolences to comforted them. Mrs. MCMORRIS RODGERS. I re- them. Because while this occurred in On this House floor this morning, we serve the balance of my time. Mr. RAHALL’s district, I know the grief were led in prayer by Bishop Simms Mr. GEORGE MILLER of California. is felt throughout the State of West from West Virginia, Mr. RAHALL’s con- Mr. Speaker, I yield 1 minute to the Virginia as it is being felt throughout stituent, and he shared with us how gentleman from West Virginia (Mr. RA- our country. faith can see us all through, especially HALL). Mr. Speaker, today in towns across these families. On this House floor Mr. RAHALL. I thank the chairman Raleigh County, West Virginia, flags today we join them knowing that 29 for yielding. are flying at half staff. Their residents brave souls are now in a better place. I rise simply to thank my many col- are mourning the loss of their fathers, Again, our condolences to every leagues in this body on both sides of brothers, and sons in last week’s dead- member of those families. To the com- the aisle that have expressed their con- ly mine explosion in Montcoal. Since munities, as Mr. Cecil Roberts said to dolences this week in the debate that then, people across our country have us, we are all one family here in the has just occurred or rather to me per- cried for them, have joined in the mining community. I know Mr. RA- sonally or in phone calls. I know that mourning; and today in the Congress HALL expressed that sentiment to me my colleague from northern West Vir- we officially join these proud Ameri- as well. ginia, Representative MOLLOHAN, called cans in expressing our deepest condo- Well, at a time like this it’s impor- every day for a status update; and I ap- lences for the loss of 29 coal miners, 29 tant for the families of West Virginia preciate the gentlewoman from the coal miners, in the worst mining acci- and the coal mining community to Second District, Representative dent in four decades. know that, as a Nation, we are one CAPITO’s, comments. We do so led by Chairman NICK RA- family with them as well. I hope it is a But most importantly, Mr. Speaker, I HALL, who has been on the scene of this comfort to them that so many people do recognize the work of the distin- catastrophe the last 11⁄2 weeks. Con- in our country mourn their loss and are guished chairman of the Education and gressman RAHALL has prayed with his praying for them at this sad time. Labor Committee, my dear friend constituents, and he has consoled Mrs. MCMORRIS RODGERS. Mr. GEORGE MILLER. We worked together them. He has committed to work for Speaker, I yield myself the balance of following previous disasters that have better conditions, vigorous oversight of the time. been referenced during this debate, the the mining industry, and rigorous en- I urge support for this resolution Sago and Aracoma disasters that oc- forcement of safety standards for which honors the 29 men who perished curred in West Virginia as well about 4 America’s mines. In doing so, he has in the Upper Big Branch Mine. These years ago. worked with our chairman, Mr. MIL- men were simply doing their job, ex- Reference has been made to the MIN- LER, in this regard. tracting the coal that powers the Na- ERS Act that was passed following As Congressman RAHALL and other tion. past disasters. Many good parts of that West Virginia leaders, including Con- We recognize the Red Cross workers, were put in place by our operators gressman MOLLOHAN and Congress- volunteers and others in this close-knit across the State and were in place at woman CAPITO, often remind us, this community who banded together in a this particular mine. Unfortunately, Nation is indebted to our coal miners time of tragedy. We commend the res- due to the severe nature of this blast, for the difficult and dangerous work cue teams who went in after their these features did not have a chance to they do. Their contributions are a rich brothers in the hope of bringing them trigger or to come into play. So some- part of our Nation’s history. Their to safety and with a commitment to thing else needs to be done to prevent labor makes our way of life possible. bringing them home. these disasters. But, last week, 29 families received a And we express our condolences to I salute the chairman again. phone call that every coal miner’s fam- the family members who lost those Mr. GEORGE MILLER of California. ily fears; and as the communities of that they loved so dearly. It has been Mr. Speaker, I yield myself 30 seconds. West Virginia grieved, the Nation said today that West Virginians stand I appreciate the remarks of the gen- grieved with them. together in times of tragedy. Today we tleman from West Virginia (Mr. RA- stand together with them. HALL). But, tragically, we have been b 1400 I yield back the balance of my time. through this before. It’s clearly the in- Now, with this tragedy first in our Mr. GEORGE MILLER of California. tent of the chair to work with the en- minds, we must redouble our efforts to Mr. Speaker, I encourage all of my col- tire delegation. I tried to state it, minimize the risks to our mine work- leagues to support this resolution. I maybe not as articulately as I had ers and to ensure that they can do thank the gentlewoman for her presen- hoped to, but we fully understand that their jobs without a threat to their tation of this resolution, and for all of these tragedies in the mining commu- well-being. those who participated in the debate. nity are felt across the State. They are When this tragedy occurred, I called Mr. SPACE. Mr. Speaker, it is with the felt across the region. The deaths may Mr. RAHALL, and his concerns were deepest sadness that I offer my condolences be isolated, but because of the history very personal about the families who to the families of the 29 brave mineworkers and the culture and the economy of were affected. I called the President of who perished on April 5, 2010. I have been these regions, we know that they are the United Mine Workers, Cecil Rob- holding these families in my thoughts and my felt across the region, and we expect to erts, a visionary leader in our country, prayers. work with the entire delegation and and his concerns were about the fami- For those of us representing Appalachia, with the Senate delegation as we try to lies. this news is particularly saddening. The history

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2542 CONGRESSIONAL RECORD — HOUSE April 14, 2010 of our region will forever be linked to the min- most in NCAA history, and won his fourth Athletic Association Division I Men’s Bas- ing of coal, a connection for which I hold great national championship, making him tied ketball Tournament; pride. For generations, residents of my district with Adolph Rupp for second most cham- (2) recognizes the achievements of the pionships in NCAA history; players, coaches, students, and support staff have fed their families from work in these Whereas Coach Krzyzewski and his coach- who were instrumental in the Blue Devils’ mines, as they will for generations to come. ing staff, including Assistant Coaches Chris victory; The loss of a miner is the loss of a brother Collins, Steve Wojciechowski, and Nate (3) invites the Duke University men’s bas- and a friend. This loss cuts deep into the soul James, as well as each manager, trainer, and ketball team to the United States Capitol of our Appalachian towns and communities. staff member, deserve praise and credit for Building to be honored; and The deaths of these miners must not be in helping the Blue Devils reach the pinnacle of (4) directs the Clerk of the House of Rep- vain—we must take lessons from this tragedy college basketball; resentatives to make available enrolled cop- to create a better future for mineworkers ev- Whereas the Blue Devil team roster in- ies of this resolution to Duke University erywhere. The mineworkers of Appalachia de- cluded seniors Jordan Davidson, Jon President Richard H. Brodhead, Athletic Di- Scheyer, Lance Thomas, and Brian Zoubek, rector Kevin White, and Head Coach Mike serve to go to work each day with peace of juniors Steve Johnson, Casey Peters, Kyle Krzyzewski for appropriate display. mind that their workplace is safe. Events like Singler, and Nolan Smith, sophomores Seth The SPEAKER pro tempore (Mrs. those that transpired earlier this month shake Curry and Miles Plumlee, and freshmen CAPPS). Pursuant to the rule, the gen- that trust, and we must determine the cause of Andre Dawkins, Ryan Kelly, Mason Plumlee, tlewoman from Ohio (Ms. FUDGE) and the event if we are to properly ensure their fu- and Todd Zafirovski; the gentlewoman from Washington ture safety and to ensure the strength of the Whereas junior Kyle Singler was named (Mrs. MCMORRIS ROGERS) each will con- coal mining industry. the Most Outstanding Player of the Final trol 20 minutes. While we are truly blessed to live in a coun- Four, scoring 19 points and collecting 9 rebounds while playing all 40 minutes in the The Chair now recognizes the gentle- try bestowed with great resources, we hold a championship game; woman from Ohio. responsibility to protect those who risk life and Whereas Blue Devils Jon Scheyer, Kyle GENERAL LEAVE limb to harvest them in the name of a greater, Singler, and Nolan Smith were each named stronger nation. The strength of our Nation is to the all-tournament team; Ms. FUDGE. Madam Speaker, I re- a reflection of how we treat these soldiers of Whereas during the 2009–2010 season, the quest 5 legislative days during which the coal mines, and we all must work to en- Duke Blue Devils finished with a record of Members may revise and extend and insure their safety. 35–5, tied for the most wins, and scored a sert extraneous materials on H. Res. Mr. GEORGE MILLER of California. total of 3079 points; 1242 into the RECORD. Whereas the Blue Devils went undefeated The SPEAKER pro tempore. Is there I yield back the balance of my time. on their home court in Cameron Indoor Sta- The SPEAKER pro tempore. The objection to the request of the gentle- dium for the 2009–2010 regular season; woman from Ohio? question is on the motion offered by Whereas the Duke Blue Devils won the 2010 the gentleman from California (Mr. Atlantic Coast Conference (hereinafter re- There was no objection. GEORGE MILLER) that the House sus- ferred to as the ‘‘ACC’’) Tournament, their Ms. FUDGE. I yield myself as much pend the rules and agree to the resolu- record 18 such tournament championship, time as I may consume. tion, H. Res. 1236. and won a share of the ACC regular-season Madam Speaker, I rise to congratu- The question was taken. championship with a conference record of 13– late the Duke University men’s basket- The SPEAKER pro tempore. In the 3; ball team for winning the 2010 NCAA Whereas the Duke Blue Devils have played Division I Men’s Basketball National opinion of the Chair, two-thirds being in 15 Final Fours and have played in at least in the affirmative, the ayes have it. Championship. one Final Four in 6 consecutive decades; When the final buzzer sounded in the Mr. GEORGE MILLER of California. Whereas the Blue Devils have amassed a Mr. Speaker, on that I demand the yeas record overall winning percentage of 75.8 per- 2010 Men’s Basketball NCAA Cham- and nays. cent in the NCAA tournament; pionship game, two exceptional college The yeas and nays were ordered. Whereas the Blue Devil players, coaches, basketball programs’ seasons came to The SPEAKER pro tempore. Pursu- and staff are outstanding representatives of an end. Both the Duke University Blue ant to clause 8 of rule XX and the Duke University, a top ten university that is Devils and the Butler University Bull- recognized annually as a national leader in dogs played with exceptional talent Chair’s prior announcement, further academics and research; proceedings on this motion will be and dedication. The ball pressure and Whereas in addition to their skill on the stifling defenses from both teams led to postponed. court, the Duke men’s basketball team up- a low-scoring, yet entertaining, game. f holds a high standard of academic excellence, achieving an overall graduation suc- The game included five ties, 15 lead CONGRATULATING DUKE UNIVER- cess rate of 92 percent; changes, and two potentially game- SITY ON WINNING THE NCAA Whereas the Duke men’s basketball pro- winning shots. In the end, Duke seized BASKETBALL CHAMPIONSHIP gram has had 31 ACC All-Academic basket- their fourth NCAA Men’s Basketball Ms. FUDGE. Madam Speaker, I move ball teams over the last 14 years, has had at Championship, cementing its legacy in least one player on the ACC All-Academic to suspend the rules and agree to the college basketball history. basketball team for a record 16 straight With a 61–59 victory Monday night at resolution (H. Res. 1242) congratulating years, has received 5 Academic All-America the Duke University men’s basketball selections over the past 12 years, and has had Lucas Oil Stadium, the Duke Univer- team for winning the 2010 NCAA Divi- at least one team member on the ACC All- sity Blue Devils proved that they are sion I Men’s Basketball National Academic basketball team in 23 of the last 26 still one of the country’s most elite Championship. years for a total of 46 selections; college basketball programs. The Blue The Clerk read the title of the resolu- Whereas the Blue Devils showed tremen- Devils finished their regular 2009–2010 tion. dous dedication to their team, appreciation season strongly, with a 35–5 record, fol- to their fans, sportsmanship toward their op- The text of the resolution is as followed by winning the 2010 Atlantic ponents, and respect for the game of basket- Coast Conference Tournament. In addi- lows: ball throughout the 2009–2010 season; H. RES. 1242 Whereas Duke students, faculty, staff, tion, they were cochampions of the ACC with a record of 13–3, while earn- Whereas on April 5, 2010, the Duke Univer- alumni, and all fans of the Blue Devils are to sity Blue Devils defeated the Butler Univer- be congratulated for their sportsmanship, ing an NCAA tournament number 1 sity Bulldogs by a score of 61–59 in the finals dedication, and support of their team; and seed. In a tournament where the top of the National Collegiate Athletic Associa- Whereas the Blue Devils’ 2010 NCAA cham- seeds were falling and upsets were tion (hereinafter referred to as the ‘‘NCAA’’) pionship further solidifies the tradition of ample, the Blue Devils consistently Division I Men’s Basketball Tournament in basketball excellence that exists in the dominated their opponents. Indianapolis, Indiana; State of North Carolina, whose universities This Blue Devils men’s basketball Whereas the Blue Devils now hold 4 na- have won 4 of the last 10 NCAA championships: Now, therefore, be it— season marked Coach Mike tional men’s basketball titles, winning Krzyzewski’s 30th season at Duke and NCAA championships in 1991, 1992, 2001, and Resolved, That the House of Representa- 2010; tives— his fourth NCAA Men’s Basketball Whereas Blue Devils head coach Mike (1) congratulates the 2010 national cham- Championship. Better known as Coach Krzyzewski improved his record to 868–279, pions, the Duke University Blue Devils, for K, Coach K has led Duke to the Final won his 77th NCAA tournament game, the their win in the 2010 National Collegiate Four 11 times during his time with the

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2543 team, and this game was his 868th ca- from North Carolina (Mr. PRICE) for as since he came to Duke in 1980. This reer win as a coach. The 2010 NCAA much time as he may consume. season Coach K brought his overall championship game marked his 77th Mr. PRICE of North Carolina. Madam record to 868–279. He won his 77th NCAA tournament game, the most in Speaker, I thank my colleague (Ms. NCAA tournament game, and he won NCAA history. He won his fourth na- FUDGE) for yielding, and I thank her his fourth national championship. tional championship and tied Adolph and Mrs. MCMORRIS ROGERS for their Needless to say, this places this Hall of Rupp for second most in NCAA history. support of H. Res. 1242 and their help in Famer in elite company. Only Adolph Kyle Singler was named the Final bringing it to the floor. Rupp and John Wooden have won an Four’s Most Outstanding Player, scor- I am the proud sponsor of this resolu- equal or greater number of national ing 19 points and collecting nine re- tion, which congratulates the Duke championships. bounds while playing all 40 minutes in University men’s basketball team for But his achievements have not been the championship game. He has been a winning the 2010 NCAA Division I Na- bounded by the baselines of the court. leader and a remarkable asset to the tional Championship. I have introduced Coach K’s success is about mentoring Blue Devils all season. Kyle Singler, the resolution as the Member of this young men, about coaching them to Jon Scheyer, and Nolan Smith were body privileged to represent Duke Uni- succeed, not just on the court, but also each named to the all-tournament versity, and I’m pleased to say that it in the classroom and in life. His teams team. I congratulate these men and all has the support of the entire North consistently uphold a high standard of of the players on a great victory. Carolina delegation. academic excellence, achieving a grad- The alumni, faculty, and staff have From its roots as tiny Trinity Col- uation success rate of 92 percent and much to be proud of. With over a 75 lege in 1838 to its current status as one boasting a strong tradition of Aca- percent winning rate in the NCAA of the world’s premiere research and demic All-Americans. tournament, the rest of the country educational institutions, Duke Univer- Each step of the way the team was measures themselves to Duke. sity, like its basketball team, is a tes- buoyed by its fans, its incredible fans— Once again, I congratulate Duke on tament to the virtues of hard work, de- the Cameron Crazies, they’re called— winning the national championship. I termination, and excellence—in the who make Duke’s Cameron Indoor Sta- RICE for bring- thank Representative P classroom, in the community, and in dium one of the toughest places to win ing this bill forward. Cameron Indoor Stadium as well. in the country. That again proved true I reserve the balance of my time. I actually have the distinction, not Mrs. MCMORRIS RODGERS. Madam this year when the Blue Devils went always enviable, of representing both Speaker, I yield myself such time as I undefeated on their home court. sides of college basketball’s most in- may consume. This year’s national championship I rise today in support of House Reso- tense rivalry. UNC–Chapel Hill is just game was considered by many to be lution 1242, congratulating the Duke down the road from Duke. It’s also in one of the closest and most exciting University men’s basketball team. The the Fourth District. I’ve had an inter- title games in tournament history. It Duke University Blue Devils men’s bas- esting vantage point, having attended literally came down to the last shot. ketball team has a national reputation UNC and having taught at Duke. Trust Butler University and Coach Brad for excellence. The team has won four me, I understand the importance of Stevens are also to be congratulated NCAA Division I National Champion- team loyalties to Members of Congress, for their strong season and for their ef- ships, and has been among the Final and I also understand the need, occa- fort in a title game that reminded us Four 15 times since 1980. Seventy-one sionally, to balance these loyalties. anew of why the American people sim- Duke players have been drafted into But I think we can all agree today that ply can’t resist March Madness. Both the NBA, and 11 players have been the Blue Devils should be commended, teams deserve recognition for their named the National Player of the Year. and they should be commended unani- dedication to sportsmanship and fair Duke has won the most Atlantic Coast mously, for reaching this pinnacle of play throughout the entire season. Tournament championships and has men’s college basketball. So it’s a unique privilege, Madam also had numerous successful regular At the risk of stoking the flames, let Speaker, to introduce, I have to note seasons. me just talk about the record for a mo- for the second year in a row, the reso- In the 2010 NCAA championship ment. I’d be remiss if I didn’t remind lution in this body recognizing the game, Duke took the victory over But- my colleagues that the Duke Blue Dev- NCAA Men’s Basketball National ler with a final score of 61–59. Butler ils have a long history of success at Champion. And I’d like, Madam Speak- played a very competitive game, keep- men’s basketball. They’ve played in 15 er, for the RECORD to reflect that I’ll be ing the score incredibly close through- Final Fours, and this is their fourth perfectly happy to introduce such a out the entire game; however, Duke title win in the last two decades. resolution again next year. pulled ahead by one point each half to Despite this record, the team wasn’t In the meantime, I and Duke’s many take the victory. favored to win a national championship friends and alumni in this body look Although we are celebrating Duke’s at the beginning of this season. But forward to welcoming the Blue Devils athletic excellence, we should take a they peaked at the right time. They to the White House and to Capitol Hill. moment to recognize the quality of finished the year with 10 straight wins. Duke Blue Devils Roster 2009–2010 Season: Duke’s academic programs. They shared the ACC regular season #2 Nolan Smith—Upper Marlboro, MD Duke University has two under- championship and won outright the #3 Seth Curry—Charlotte, NC graduate schools and nine graduate and ACC tournament championship and the #5 Mason Plumlee—Warsaw, IN national championship. They finished #12 Kyle Singler—Medford, OR professional schools. In the 2010 edi- #20 Andre Dawkins—Chesapeake, VA tion, U.S. News & World Report ranked the season with a 35–5 record, a tie for #21 Miles Plumlee—Warsaw, IN the university’s undergraduate pro- the most wins this season nationally. #30 Jon Scheyer—Northbrook, IL gram 10th among national universities, This improbable end to this season #34 Ryan Kelly—Raleigh, NC and ranked the medical, law, and busi- underscores that anything is possible #41 Jordan Davidson—Melbourne, AR ness schools among the top 12 in the in basketball as in politics. It’s also a #42 Lance Thomas—Scotch Plains, NJ testament to the very idea of what a #51 Steve Johnson—Colorado Springs, CO United States. Duke also is known to #52 Todd Zafirovski—Lake Forest, IL be among the Nation’s top research team should be, greater than the sum #53 Casey Peters—Red Bank, NJ universities. of its parts, an idea Duke teams have #55 Brian Zoubek—Haddonfield, NJ I rise today to congratulate Duke long exemplified. 1415 University’s men’s basketball team and I will enclose in the RECORD at the b Coach K for winning the 2010 NCAA Na- end of this statement the full roster of Mrs. MCMORRIS RODGERS. I yield tional Championship. I ask my col- this remarkable team, the men on the to the gentleman from Indiana (Mr. leagues to join in support of this reso- team and their hometowns. PENCE) for such time as he may con- lution. Special credit is due to head coach sume. I reserve the balance of my time. Mike Krzyzewski, known far and wide (Mr. PENCE asked and was given per- Ms. FUDGE. Madam Speaker, I am as Coach K, who’s built one of college mission to revise and extend his re- pleased to recognize the gentleman basketball’s most stellar programs marks.)

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2544 CONGRESSIONAL RECORD — HOUSE April 14, 2010 Mr. PENCE. I rise today to begrudg- be filled with the histories of college congratulating the Duke University Men’s Bas- ingly support this resolution and offer basketball, of the incredible commit- ketball team for winning the 2010 NCAA Na- my congratulations to Duke, Coach K, ment that this university has done not tional Championship. As a cosponsor of H. and to all of those outstanding players only on the court but off the court as Res. 1242, I would like to commend my col- for the NCAA men’s national cham- well. league from Chapel Hill, Mr. PRICE, for bring- pionship game. When I look at Coach K and we hear ing this bipartisan resolution to the floor today, Now that being said, I would be re- about all of his commitment to his particularly since he previously served as a miss, since I will have been married 25 players and we consider his record, the Professor in Political Science at Duke before years to a graduate of Butler Univer- fourth national championship and how coming to Congress. sity, to fail to also rise and commend Coach K has now tied Adolph Rupp, I On Monday, April 5, 2010, the Duke Blue Coach Brad Stevens and the small but would like to point out, though, that Devils outlasted an outstanding team from mighty basketball team that America he still has six more to catch my alma Butler University by a score of 61–59 to win became enamored of in this year’s mater, which is John Wooden of UCLA. the NCAA National Championship. In the clos- tournament, simply known as ‘‘Them But we welcome that challenge. est National Championship game played since Dogs’’ back in Indiana and the Butler In addition, when we talk about 1989, the Blue Devils—with the starting line University Bulldogs to the rest of the Coach K, Mr. PENCE talked about his up of Jon Scheyer, Kyle Singler, Nolan Smith, country. mentorship, and I read a little bit Lance Thomas, and Brian Zoubek—captured Taking nothing away from Duke, an about his commitment, of being a role the school’s fourth national title behind the outstanding university and an out- model and the positive impact he leadership of Head Coach Mike Krzyzewski. standing program, or Coach K, I have wants to have on young men—not only Madam Speaker, the Blue Devils finished to tell you I was especially moved with Duke University but the other the season with a record of 35–5, and on the when I think it was the day before the young men who were watching how way to the National Championship, they set a basketball game when there was all of Duke played and were carrying them- school record in home victories by going the talk about David and Goliath, all selves. undefeated with a mark of 17–0 at historic the talk of underdogs, and Coach K, But, finally, I would like to commend Cameron Indoor Stadium. Furthermore, Duke Congressman DAVID PRICE not only for being the class act that he is, went be- won a share of the Atlantic Coast Conference sponsoring this resolution but for his fore the national press and said, regular–season championship with a record of success, something many of us in Con- Enough of this talk about underdogs. 13–3 and won a record 18th ACC Tournament gress could figure out how to do, how Butler is a really good basketball title. he can represent both the Duke Blue team. And anyone who tuned in that While this National Championship was truly Devils and the University of North night—and my ears are still ringing a team effort, it is difficult to overlook the indi- Carolina Tar Heels who won the cham- from Mrs. Pence’s enthusiasm that vidual contributions that guided this champion- pionship last year, as he mentioned. night—saw that the case was proved. Any college basketball fan knows ship run. Kyle Singler was named Final Four Ultimately, Duke carried the day, that the Duke-UNC rivalry is only sec- Most Outstanding Player and ACC Tour- but with the news that coach Brad Ste- ond to the UCLA-USC rivalry. And I’ve nament MVP. Jon Scheyer and Nolan Smith vens has signed a long-term contract to got to tell you, it’s tough living in my were also named to the all–tournament team, stay in Indiana—and I think we’re only household having those battles. It and Brian Zoubek averaged 10 rebounds per losing one player next year—I say to takes exceptional skill and diplomacy game throughout the NCAA Tournament. my distinguished colleagues, rep- to successfully represent both ends of These contributions, among many others, led resenting and speaking on behalf of Tobacco Road, skills that my colleague the Blue Devils to the championship. Duke, See you next year. Congratula- from North Carolina possesses in abun- Madam Speaker, in his 30th year at the tions. dance. helm of the Blue Devils, Head Coach Mike Ms. FUDGE. Madam Speaker, I am I urge my colleagues to join me in Krzyzewski coached his 1,000th game at pleased to recognize the gentlewoman congratulating Congressman PRICE. Duke, led the Blue Devils to his 11th Final from California (Ms. RICHARDSON) for 3 And in terms of the resolution next Four appearance—tying the legendary North minutes. year, I’m willing to wager a bet. Carolina Coach Dean Smith—and 8th National Ms. RICHARDSON. I rise today to Mrs. MCMORRIS RODGERS. I would Championship game appearance. In leading congratulate the Duke University like to yield such time as he may con- Duke to the 2010 National Championship, men’s basketball team for winning the sume to the gentleman from Indiana Coach K tied legendary Kentucky Coach 2010 Division I National Championship (Mr. BURTON). Adoph Rupp with four national championships. and in support of H. Res. 1242. Mr. BURTON of Indiana. Let me just During his time at Duke, Coach K has built Now, after listening to talk about say that I am a great admirer of Duke a program that embraces the idea of the stu- ‘‘Them Dogs’’ and the ‘‘Blue Devils,’’ University. I lean a little more toward dent-athlete. In addition to the numerous ath- being a Bruin and a Trojan myself, I Butler since I’m from Indianapolis, In- letic accomplishments, the Blue Devils have thought we needed to weigh in and ex- diana, and I thought Duke played a also excelled in the classroom. In a study con- tend our congratulations. great game. And I want you to know, ducted by the Institute for Diversity and Ethics This spectacular season by the Duke there is no truth to the rumor that in Sport at the University of Central Florida, Blue Devils capped by a thrilling, hard- Butler intentionally missed that last the Duke Blue Devils achieved a 92% gradua- fought victory against the Butler Bull- basketball shot because they didn’t tion rate, ranking Duke among the highest of dogs in the NCAA tournament finals want to hurt Duke’s feelings. Are you the 65 schools that qualified for the 2010 last Monday night is another proud listening over there? NCAA Tournament. chapter in Duke’s very long history of Anyhow, congratulations to Duke Madam Speaker, I believe Duke students, success. As a graduate of both UCLA University and to Butler University. alumni, and fans in my Congressional District and USC—and that’s USC, University Butler is a very small school. It’s a pri- in Western North Carolina—as well as across of Southern California, not University vate school in Indianapolis, and for the state and nation—can take pride in the ac- of South Carolina—as I found since them to reach the final game in the na- complishments made by the 2009–2010 Duke coming to Congress here—I’m a former tional championship is a real tribute Blue Devils. This team represented Duke Uni- basketball player and I understand not only to the school and the players versity, the State of North Carolina, and the what it takes in terms of hard work, but to a great young coach who’s only ACC in a way that truly embodies the spirit of intense focus, and a tireless dedication been coaching for 3 years. And of college athletics. I urge all of my colleagues to required by both players, team mem- course the Duke Blue Devils are always support H. Res. 1242. bers and the university itself. tough, and I’m very proud to say we Mrs. MCMORRIS RODGERS. I yield Particularly when we look at the want to congratulate them. But the back the balance of our time. Duke men’s basketball team that, as Bulldogs did a great job. They were a Ms. FUDGE. Madam Speaker, I ask has already been stated, has 15 Final great team, and next year we’re going support for House Resolution 1242, and Four appearances, 11, I believe, under to get them. I yield back the balance of my time. the name of Coach K, when you con- Mr. MCHENRY. Madam Speaker, I rise in The SPEAKER pro tempore. The sider that accomplishment, it will long strong support of H. Res. 1242, a resolution question is on the motion offered by

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2545 the gentlewoman from Ohio (Ms. Whereas the American people stood in sup- We pledge to stand by the Polish FUDGE) that the House suspend the port of the Solidarity movement as it fought Government as it seeks to reconstitute rules and agree to the resolution, H. against the oppression of the Polish com- itself and reaffirm our enduring friend- Res. 1242. munist government through peaceful means, ship for Poland. eventually leading to Solidarity members The question was taken. being elected to office in partially free demo- Madam Speaker, what makes this ac- The SPEAKER pro tempore. In the cratic elections held on June 4, 1989; cident even more tragic is that it oc- opinion of the Chair, two-thirds being Whereas Poland joined the North Atlantic curred as President Kaczynski’s delega- in the affirmative, the ayes have it. Treaty Organization (NATO) in 1999 and has tion was traveling to commemorate Mrs. MCMORRIS RODGERS. Madam since contributed to military operations in one of the most brutal events of World Speaker, I object to the vote on the Iraq and Afghanistan; and War II—the execution of more than ground that a quorum is not present Whereas the United States and Poland 20,000 Polish officers, prisoners, and in- and make the point of order that a share a strong bond of friendship and inter- tellectuals in Katyn Forest by the So- national cooperation: Now, therefore, be it quorum is not present. Resolved, That the House of Representa- viet Secret Police in 1939. The SPEAKER pro tempore. Pursu- tives— Earlier in the week, there were en- ant to clause 8 of rule XX and the (1) mourns the death of President couraging signs that Poland and Russia Chair’s prior announcement, further Kaczynski and the terrible loss of life that were beginning to heal the deep wounds proceedings on this motion will be resulted from the plane crash of April 10, caused by these horrific wartime postponed. 2010; events. Russian Prime Minister Putin The point of no quorum is considered (2) expresses its deepest sympathies to the joined Poland Prime Minister Donald people of Poland and the families of those Tusk at a ceremony marking the 70th withdrawn. who perished for their profound loss; f (3) expresses strong and continued soli- anniversary of this massacre—the first darity with the people of Poland and all per- time a Russian leader has ever partici- EXPRESSING SYMPATHY TO THE sons of Polish descent; and pated in this memorial. PEOPLE OF POLAND (4) expresses unwavering support for the The Russian people have been very Mr. DELAHUNT. Madam Speaker, I Polish government as it works to overcome supportive and responsive in the wake the loss of many key public officials. move to suspend the rules and agree to of the disaster, with Prime Minister the resolution (H. Res. 1246) expressing The SPEAKER pro tempore. Pursu- Putin personally heading the inquiry sympathy to the people of Poland in ant to the rule, the gentleman from into the crash. the aftermath of the tragic plane crash Massachusetts (Mr. DELAHUNT) and the Konstantin Kosachev, chairman of that killed the country’s President, gentlewoman from Florida (Ms. ROS- the International Relations Committee First Lady, and 94 others on April 10, LEHTINEN) each will control 20 minutes. of the Russian State Duma—described 2010. The Chair recognizes the gentleman the death of the Polish President as a The Clerk read the title of the resolu- from Massachusetts. great tragedy for both the Polish and tion. GENERAL LEAVE the Russian peoples. Observing that The text of the resolution is as fol- Mr. DELAHUNT. I ask unanimous both countries were mourning to- lows: consent that all Members may have 5 gether, he solemnly noted, and these legislative days to revise and extend are his words: ‘‘Katyn took some more H. RES. 1246 their remarks and include extraneous victims.’’ Whereas the Polish President Lech If anything positive is to come from Kaczynski and 95 other people, including Po- material on the resolution under con- land’s First Lady, deputy foreign minister, sideration. these tragic deaths, it may be the de- deputy defense minister, dozens of members The SPEAKER pro tempore. Is there velopment of closer ties between these of Parliament, the chiefs of the army and objection to the request of the gen- two nations and their citizens. navy, and the president of the national bank, tleman from Massachusetts? Madam Speaker, I urge my col- were killed in a plane crash in western Rus- There was no objection. leagues to support this resolution, and sia on April 10, 2010; Mr. DELAHUNT. Madam Speaker, I I reserve the balance of my time. Whereas President Kaczynski and his col- yield myself as much time as I may b 1430 leagues were traveling to Katyn, Russia for a consume. memorial service to mark the 70th anniver- I rise in strong support of this resolu- Ms. ROS-LEHTINEN. Madam Speak- sary of the Soviet secret police killing of er, I yield myself such time as I may more than 20,000 Polish officers, prisoners, tion, which expresses sympathy for the and intellectuals who were captured after people of Poland following the tragic consume. the Soviet Union invaded Poland in 1939; plane crash last weekend that killed Madam Speaker, I am saddened by Whereas Ryszard Kaczorowski, who served their President and so many others. the need for this resolution. The death as Poland’s final president in exile before the I wish to thank my colleagues and of Polish President Lech Kaczynski, country’s return to democracy, perished; friends, Representatives DAHLKEMPER, his wife Maria, and 94 other Polish offi- Whereas Anna Walentynowicz, the former KANJORSKI, and LIPINSKI for quickly cials and citizens in the plane crash in dock worker whose firing in 1980 sparked the preparing a text that enables this Russia on April 10 was sudden, unex- Solidarity strike that ultimately overthrew House to add its voice to the condo- pected, and truly a tragedy for the na- the Polish communist government, was also tion of Poland. killed in the crash; lences being expressed around the Whereas respected Chicago artist Wojciech world on this sad occasion. We have all seen the outpouring of Seweryn, whose father was killed in Katyn, Last Saturday we woke to the ter- grief and tributes since then by the and who recently completed a memorial to rible news of a plane crash in western citizens of Poland in support and in the victims of Katyn at St. Adalbert Ceme- Russia. This accident took the lives of honor of their late President and all tery in Niles, Illinois, which Polish President Polish President Lech Kaczynski, his who died with him. Kaczynski planned to visit in May, died in wife, the deputy foreign minister, the There is little that we can here do the crash as well; deputy defense minister, the chiefs of today to add to the honors bestowed Whereas Russia and Poland had begun to upon the departed by their very own heal the deep wounds from the Katyn trag- the army and navy, the president of edy, with Russian Prime Minister Vladimir the national bank, dozens of members countrymen, but we can, however, offer Putin recently joining Polish Prime Minister of parliament, as well as civilian and our condolences to the strong and Donald Tusk at a ceremony marking the military staff. proud nation of Poland, which has been event at Katyn; Today, the House mourns the death and remains a friend and an ally of the Whereas Prime Minister Putin, the first of President Kaczynski and his col- United States. Russian leader ever to attend the Katyn leagues. We express our deepest sym- Despite the loss of their President, commemoration said ‘‘we bow our heads to pathies to the people of Poland as well we can be certain that the Polish peo- those who bravely met death here’’; to the families who have suffered such ple will continue on the road toward Whereas more than 9,000,000 Americans of Polish descent now reside in the United a grievous loss. We think, too, of the democracy, prosperity, and security, States, including in major metropolitan millions of Americans who claim Pol- the road that they have traveled since areas such as Chicago, Detroit, and New ish ancestry, as we know their hearts they broke free of the grip of Com- York City; are also heavy. munist authoritarian rule in 1989.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2546 CONGRESSIONAL RECORD — HOUSE April 14, 2010 How proud we were, when they re- many of the leading officials and coun- Madam Speaker, I also rise today to gained their freedom, that America has trymen. At this time, and in the fu- join all my colleagues in mourning the stood by the people of Poland during ture, America will forever remain a death of President Lech Kaczynski and those times when they suffered under a friend of Poland. many others who died in that plane Communist dictatorship and domina- With that, Madam Speaker, I reserve crash on April 10, 2010. Poland lost tion by the former Soviet regime in the balance of my time. some of its most famous political fig- Moscow. Similarly, the people of Po- Mr. DELAHUNT. Madam Speaker, I ures. They were heroes among the Pol- land now offer their solidarity with yield 1 minute to one of the original ish people. The 95 people that died that those who seek freedom in my native sponsors of this resolution, the gentle- day included the President, a very pro- homeland of Cuba. Having suffered in woman from Pennsylvania (Mrs. U.S. and anti-Soviet individual, and his the not-too-distant past under the DAHLKEMPER). wife and numerous other political gov- crushing yoke of the Soviet regime, Mrs. DAHLKEMPER. I thank the ernment officials. many in Poland sadly know all too well gentleman; and I want to thank the It’s interesting to note why so many the struggles that the people of Cuba leadership for allowing myself and my officials were going to Russia, why face each and every day under the colleagues, Mr. LIPINSKI and Mr. KAN- they were on that particular plane stranglehold of the Cuban dictatorship. JORSKI, to bring forward this very im- headed to a specific event. Well, that Poland’s support for human rights portant but very sad resolution. Polish delegation was traveling to Rus- and democracy in Cuba illustrates it It is with a very heavy heart today sia to commemorate the 70th anniver- has not forgotten its past suffering nor that I rise to offer House Resolution sary of the Katyn massacre. the strength that it received from the 1246 expressing sympathy to the people On September 17, 1939, the Red Army solidarity of others. And how proud we of Poland in the aftermath of the trag- invaded the territory of Poland from are today that Poland has become an ic plane crash that killed the country’s the east. They captured hundreds of important member of both the North President, First Lady, and 94 others on thousands of Poles and deported them Atlantic Alliance and the European April 10, 2010. President Lech to prisoner of war camps in the western Union and that it has become a strong Kaczynski, his wife Maria, Poland’s Soviet Union. voice for those countries in Eastern army chief, navy chief commander, Once at the camps, the Poles were subjected to lengthy interrogations; Europe that are working to ensure that governor of the Polish central bank, and if the prisoners could not be in- they never again fall victim to the other lawmakers, aides, and state offi- duced to adopt a pro-Soviet attitude, domination by a more powerful neigh- cials were lost when their plane they were declared ‘‘hardened and un- boring state. crashed in Western Russia. President Kaczynski was, in fact, an The delegation was traveling to a compromising enemies of Soviet au- important leader in an effort to ensure memorial service to honor 22,000 Polish thority.’’ So on March 5, 1940, Joseph Stalin that the hard-won liberty and democ- officers killed in Russia’s Katyn forest and three of his henchmen signed an racy today enjoyed by Poland and by the Soviet secret police in 1940. order to execute over 20,000 prisoners, other nations of Eastern Europe is not We offer our condolences and sym- all Poles, to weaken any future Polish pathy to the Polish people and Polish bartered away. He recognized the temp- military. In the Katyn forest, Soviet Americans as we mourn the loss of tations faced by other European states secret police executed more than 20,000 President Kaczynski, his wife, and which eagerly expand their commercial Polish nationals who were mainly offi- other great leaders lost in this tragedy. and military exports to Russia while cers in the Polish military. increasing their reliance on energy President Kaczynski was a distin- And beginning on April 3, the killings supplies from Russia. He would not guished statesman and leader in the were methodical. After a condemned succumb to those Russian manipula- Solidarity movement. He will be long person’s information was checked, that tions and coercions. remembered for his commitment to individual was handcuffed and led to a The late Polish President was a voice freedom, democracy, and human dig- secret cell that was insulated with felt that may have been unwelcome among nity. to make sure that no noise could come some in the councils in Brussels, but it Today, we stand in solidarity with from that cell. The sounds were also was a voice that was heeded. more than 38 millions Poles in Poland masked by the operation of loud ma- Moreover, Madam Speaker, under his and 9 million Americans of Polish de- chines that were working in the fac- leadership, Poland continued as a scent now residing in the United tories. And after being taken to the strong friend and a staunch ally of the States, including more than 14,000 Pol- cell, the victim was immediately shot United States, supporting military op- ish Americans in my hometown of Erie, in the back of the head. His body was erations against extremists in Iraq and Pennsylvania. Polish Americans have taken out through the opposite door in in Afghanistan, supporting America’s made great contributions to our Na- the cell and laid in one of the five or efforts to create long-range missile de- tion’s livelihood and culture, and we six waiting trucks, whereupon the next fenses for both Europe and the United are grateful for their presence in the condemned Pole was taken inside and States, participating as a full partner United States. the same procedure was methodically in NATO, and supporting the expansion Our hearts go out to our Polish followed again. of democracy everywhere. brothers and sisters across the globe This occurred over 20,000 times; and There are those in Europe who, while who share in this horrible loss. In this the procedure went on every day, every enjoying the security commitment pro- time of mourning, let us remember the night, except, ironically, for the May vided by the United States through words of St. Peter, ‘‘And the God of all Day celebration. In the end, those NATO, nevertheless feel free to criti- grace, who called you to his eternal 20,000 POWs and prisoners were exe- cize America’s initiatives to fight ex- glory in Christ, after you have suffered cuted without a trial, just a summary tremism and address threats around a little while, will himself restore you judgment. the world. President Kaczynski was not and make you strong, firm, and stead- Those who died at the Katyn include one of those voices. In fact, during his fast.’’ an admiral, two generals, 24 colonels, trip to the United States 3 years ago, I urge my colleagues to stand in soli- 79 lieutenant colonels, 258 Polish ma- he made a special trip to visit the darity with Poland and support our res- jors, 654 captains, 17 naval captains, Reagan Library as a sign of his coun- olution. over 3,000 noncommissioned officers. It try’s appreciation for our former Presi- Ms. ROS-LEHTINEN. Madam Speak- included even seven chaplains, three dent’s leadership in the efforts to free er, at this time, I would like to yield landowners, a prince, 43 public offi- his country from Communist domina- such time as he may consume to our cials, 85 privates, and 131 other refu- tion. President Kaczynski valued this esteemed colleague, the gentleman gees. support and offered Poland’s support in from Texas (Mr. POE), a wonderful Also among the dead were 20 univer- return. member of our Committee on Foreign sity professors, 300 doctors, several Madam Speaker, we express our con- Affairs. hundred lawyers, engineers, teachers, dolences to the people of Poland on the Mr. POE of Texas. I thank the rank- and more than 100 writers and journal- loss of their President, his wife, and so ing member for yielding. ists, as well as about 200 pilots, all

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2547 leaders in the Polish community. The has suffered and continues to grieve. The scope of this tragedy is inde- effort of the Soviet Union was to de- However, as a proud Polish American, I scribable, the pain of the loss is un- stroy those leaders and destroy Poland hope that by sharing our own grief, imaginable, and our thoughts and pray- as well. These were all Poles, all vic- sympathy, and unity with the Polish ers rest with the families, friends, and tims of the terror of communism. people, we will be able to help them loved ones of the victims. Their loss For over half a century, Moscow even gather the resolve and strength needed strikes a blow to the hearts of Polish denied this ever occurred. The Soviet to get through such difficult times. citizens, all Polish Americans—my government had suppressed all the in- Ms. ROS-LEHTINEN. Madam Speak- nieces are Polish American—and all formation about the shootings and er, I know that Mr. DELAHUNT has who believe in a future of peace and blamed it on the Nazis. In 1992, Russia about 10 speakers, so I’m going to con- prosperity for Poland and for every na- finally released the documents showing tinue to reserve for a while. tion. that the entire Politburo, including Jo- Mr. DELAHUNT. Madam Speaker, I I would like to talk about the Presi- seph Stalin, signed an order dated now yield 1 minute to the dean of the dent. Few leaders have proven greater March, 1940, to kill these Polish offi- House, Chairman JOHN DINGELL. champions of progress in human dig- cers. (Mr. DINGELL asked and was given nity than President Kaczynski. He was Poland had a rough history in the permission to revise and extend his re- a true advocate of liberty for Poland, last century. They were invaded by the marks.) for Poland’s families, workers, and Nazis, and many of the Poles were Mr. DINGELL. Madam Speaker, I citizens. His life was defined by a long taken to Germany and died in con- commend, congratulate, and thank my struggle for freedom and by the ulti- centration camps. And then the Sovi- good friends on the committee for their mate victory of democracy and human kindness, and I thank my good friend ets invaded the same country trying to rights. drive out the Nazis; and they, too, took from Massachusetts for yielding this As a leader in the Solidarity move- many Poles and put them in concentra- time to me. ment, he helped turn the tides of his- I rise in strong support of the resolution camps, where many of them died. tory against the tyranny and oppres- tion expressing the sympathy of the In the United States, we celebrate sion of communist rule. As Mayor of United States for the people of Poland the end of World War II in 1945, but the Warsaw and as President of Poland, he in the aftermath of the tragic plane Poles, they don’t celebrate the end of worked to make the promise of a more crash that killed the country’s Presi- World War II in 1945. They celebrate it just future a reality for the Polish na- dent, First Lady, and 94 other Poles. in 1989, when the wall finally fell and tion. Together with so many who lost My thoughts and prayers are with the the Soviets left town. It was a long war their lives in the tragedy, President for our friends in Poland. Polish people at this difficult time. As an American of Polish descent, Kaczynski sought to rebuild Poland, to So now, Madam Speaker, we know make his country safer and more se- the rest of the story and why President proud of my heritage, I grieve at this loss. And what a sad time it occurs cure, and to write a new chapter for fu- Kaczynski and so many Poles were on ture generations. that plane that crashed in Russia. Now when the Poles were going to Smo- lensk, Russia to commemorate the Again, as I say, we have been blessed they, too, ironically, have died on the in our country with a strong Polish same land where thousands of other killing of 20,000 Polish officers and intelligentsia under the direct orders of American community, and I know all Poles died over 70 years ago. of them join us in this resolution which It is appropriate today that we pay the Soviet dictator, Joseph Stalin. I am grieving about the situation in remembers the lives lost in this hor- homage to all of those Poles who have rible tragedy: the President; so many lived and died in a quest for Polish lib- Poland, but I am proud that the Polish people have established a democracy Polish military and political leaders, erty, those Poles who have always been past and present; and distinguished an ally of the United States, and we which is not only a friend of the United States, but which is able to survive citizens. It recalls the life of Poland’s grieve while they grieve in Poland. final President in exile who led the And that’s just the way it is. these difficult times and maintain not Mr. DELAHUNT. Madam Speaker, I only its friendship for America, but its charge to close the doors of political now yield 1 minute to another original leadership in the world and its superb oppression and open an age of demo- sponsor of this resolution, the gen- work in maintaining a democracy for cratic freedom. This resolution honors the life of a tleman from Illinois (Mr. LIPINSKI). which the Poles have yearned so long. Mr. LIPINSKI. Madam Speaker, I Mr. DELAHUNT. I thank the gen- former dock worker whose actions ig- rise to share my deepest sympathies tleman. nited the Solidarity movement that and solemn condolences with the peo- I now yield to the Speaker of the changed the course of Polish history. ple of Poland and all those who are im- House, the gentlelady from California The resolution reminds us of a Polish pacted by this tragic plane crash. (Ms. PELOSI). American artist from Chicago who just President Kaczynski will be deeply Ms. PELOSI. I thank the gentleman finished a memorial to the victims of missed. He was determined to ensure for yielding, and I thank Mr. DELAHUNT the Katyn massacre, where his own fa- the strength, prosperity, and sov- and Congresswoman ROS-LEHTINEN for ther had perished. The United States Congress joins Po- ereignty of Poland and was a strong giving us this opportunity to come to land and countries across the globe in ally of the United States. the floor to express our sympathy to the people of Poland. mourning the death of such extraor- b 1445 Our country is blessed with many dinary leaders. In the words of this res- Chicago also mourns the loss of one Polish Americans. It is a blessing to olution, we express strong and contin- of our own, Wojciech Seweryn, who our country. They are mourning this ued solidarity with the people of Po- perished in the crash. loss, and all Americans join them. And land and all persons of Polish descent. The Polish and American people have today, Congress officially joins in that And we are so blessed that the dean of long shared a deep attachment to the mourning. our delegation in the Congress, Mr. values of freedom and independence. The United States and, indeed, the DINGELL, shares that honor and brings Today, with over 9 million people of entire world mourn the loss of Presi- luster to his Polish heritage, as well as Polish ancestry in the U.S., including dent Kaczynski and First Lady Maria other Members of our Congress as well. roughly 1 million in Illinois, Poland re- Kaczynski and all who perished in last And the resolution offers our unwaver- mains one of America’s closest allies. weekend’s tragic crash. The United ing support for the Polish Government Our two nations continue to cooperate States stands with our friend and ally as it works to overcome the loss of closely on issues of national security, and the people of Poland as they grieve many key officials. Let us strive to live regional and global security, democra- the loss of their President and First up to their legacy of hope for a bright- tization, and human rights. Our friend- Lady, the Chiefs of the Army and er future for Poland, Europe, and all ship and partnership have been and will Navy, the President of the National humanity. continue to be steadfast. Bank, the Deputy Foreign Minister, This morning, I had the privilege of Nothing we say today will make up and dozens of other Cabinet officials joining Congresswoman MARCY KAP- for the tremendous loss that Poland and members of Parliament. TUR—and Congressman MIKE QUIGLEY

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2548 CONGRESSIONAL RECORD — HOUSE April 14, 2010 was there before us—and other Mem- trict, has one of the most vibrant Pol- when 20,000 Polish prisoners—including Army bers who have gone to the Polish Em- ish American communities in the Na- officers and the leading Polish intellectuals of bassy to sign the book of condolences. tion. During the 1980s, many Poles took the time—were brutally murdered by Soviet We are very proud that in doing so we refuge in this Little Poland when mar- Forces. Russian President Vladimir Putin was joined President Barack Obama, who tial law was imposed against Solidarity to join the Polish delegation in their com- had earlier, a few days ago, signed that back home. memoration of the massacre, the first time a book. I know it is a comfort to the peo- Just 2 years ago, President high-ranking Russian official has done so ple of Poland. Ambassador Kupiecki, Kaczynski came to Greenpoint. He wor- since the massacre occurred 70 years ago. who may be with us here or shortly shipped in our churches. He met with Roger Cohen, writing yesterday in the New will join us in the gallery, told us how local leaders, and he visited with the York Times, remarked, ‘‘Poland should shame the people of Poland were so pleased people of Little Poland. His trip there every nation that believes peace and reconcili- and comforted by the fact that Presi- was an inspiring moment for many ation are impossible, every state that believes dent Obama would be attending the fu- New Yorkers. Today there are heavy that sacrifice of new generations is needed to neral in Poland on Sunday. He will hearts in Greenpoint, as there are in avenge the grievances of history . . . It is Po- bring with him all the sympathy of the Polish American communities land that is now at peace with its neighbors American people and all of the prayers throughout the Nation. and stable. It is Poland that has joined Ger- to help mourn the loss that the people In coming weeks, the Polish people many in the European Union. So do not tell have suffered. will grieve their loss. We join them in me that cruel history cannot be overcome.’’ Thank you again, Mr. Chairman and mourning, but we can be comforted Let us use this unimaginable tragedy to fol- Madam ROS-LEHTINEN, for giving us that Poland will recover, carry for- low Poland’s example to promote peace, rec- the opportunity to share our grief over ward, and grow stronger. onciliation, and diplomacy in the world. this terrible loss. The fact that this crash occurred [From the New York Times, Apr. 13, 2010] Ms. ROS-LEHTINEN. Madam Speak- while traveling to a ceremony for an- THE GLORY OF POLAND er, I ask unanimous consent that for other tragedy is a sad irony; however, (By Roger Cohen) OE it also reminds us of the Polish peo- the remainder of our time Judge P NEW YORK.—My first thought, hearing of be allowed to manage our time. ple’s strength in the face of adversity. the Polish tragedy, was that history’s gyre The SPEAKER pro tempore. Is there That unyielding spirit shall remain an can be of an unbearable cruelty, decapitating objection to the request of the gentle- important part of Poland’s identity Poland’s elite twice in the same cursed woman from Florida? and of her many sons and daughters place, Katyn. There was no objection. who reside in the United States. My second was to call my old friend Adam Mr. DELAHUNT. Madam Speaker, I Mr. DELAHUNT. Madam Speaker, I Michnik in Warsaw. Michnik, an intellectual now yield 1 minute to the gentleman now yield 1 minute to the gentleman imprisoned six times by the former puppet- Soviet Communist rulers, once told me: from Illinois (Mr. QUIGLEY). from Ohio, Representative KUCINICH. ‘‘Anyone who has suffered that humilia- Mr. QUIGLEY. Madam Speaker, last Mr. KUCINICH. Thank you very tion, at some level, wants revenge. I know night I spoke of the great tragedy that much, Mr. DELAHUNT. all the lies. I saw people being killed. But I has befallen Poland. Today I rise to On Saturday, I received a call from also know that revanchism is never ending. honor a great man, artist, and activist the leader of Cleveland’s Polish com- And my obsession has been that we should who was also killed in the crash that munity, John Borkowski, who in- have a revolution that does not resemble the took Poland’s President and 95 others. formed me of the tragedy that befell French or Russian, but rather the American, One of my constituents, Wojciech the nation of Poland. in the sense that it be for something, not Seweryn, was aboard the plane on his Cleveland has a very large Polish against something. A revolution for a constitution, not a paradise. An anti-utopian way to participate in the commemora- American community, which is very revolution. Because utopias lead to the guil- tive events planned to honor those proud of its heritage and very involved lotine and the gulag.’’ 20,000 Poles who died some 70 years in promoting the social and cultural Michnik’s obsession has yielded fruit. ago. aspects of the Polish ethnic heritage. President Lech Kaczynski is dead. Slawomir A Polish artist and influential mem- The loss of the humblest citizen on Skrzypek, the president of the National ber of Chicago’s Polish community, Mr. that plane was a great tragedy for Po- Bank, is dead. An explosion in the fog of the Seweryn’s father died at Katyn, and land. The total loss is a tragedy of forest took them and 94 others on the way to Seweryn himself spearheaded the con- monumental proportions. Katyn. But Poland’s democracy has scarcely skipped a beat. The leader of the lower house struction of a memorial to the event in I am glad to see the United States of Parliament has become acting president a cemetery in Niles, Illinois. Seweryn Congress recognizing the tragedy that pending an election. The first deputy presi- was on hand last year when the monu- has befallen the Polish people and also dent of the National Bank has assumed the ment was dedicated, as he was at many joining in in mourning the loss of duties of the late president. Poland, oft dis- important events in Chicago’s Polish President Kaczynski, the First Lady, membered, even wiped from the map, is calm community. and 94 others. and at peace. Poles in Chicago make up the largest I would like to insert in the RECORD ‘‘Katyn is the place of death of the Polish ethnically Polish population of any a column by Roger Cohen that I think intelligentsia,’’ Michnik, now the soul of Po- land’s successful Gazeta Wyborcza news- city outside of Poland, second only to puts an appropriate frame on this im- paper, said when I reached him by phone. Warsaw, the capital of Poland. The portant discussion today in which we ‘‘This is a terrible national tragedy. But in Polish American community will un- recognize the grief of the Polish people my sadness I am optimistic because Putin’s doubtedly struggle to fill the void left and show solidarity with them. strong and wise declaration has opened a by many, but particularly Mr. Seweryn Finally, I would just like to say, new phase in Polish-Russian relations, and and all those lost a few short days ago. niech zyje Polska—long live Poland. because we Poles are showing we can be re- Mr. POE of Texas. Madam Speaker, I Madam Speaker, I rise to express my strong sponsible and stable.’’ continue to reserve. support of and condolences for the people of Michnik was referring to Prime Minister Vladimir Putin’s words after he decided last Mr. DELAHUNT. Madam Speaker, I Poland as they mourn the loss of their Presi- week to join, for the first time, Polish offi- now yield 1 minute to the gentlelady dent, Lech Kaczynski, the First Lady, and 94 cials commemorating the anniversary of the from New York (Ms. VELA´ ZQUEZ). others after a tragic plane crash this past Sat- murder at Katyn of thousands of Polish offi- (Ms. VELA´ ZQUEZ asked and was urday. cers by the Soviet Union at the start of given permission to revise and extend In addition to President Kaczynski, his wife, World War II. Putin, while defending the her remarks.) and key public officials, prominent figures in Russian people, denounced the ‘‘cynical lies’’ Ms. VELA´ ZQUEZ. Madam Speaker, I Polish history perished in the plane crash as that had hidden the truth of Katyn, said rise in strong support of the resolution. well—former labor leaders, intellectuals, and ‘‘there is no justification for these crimes’’ All of us mourn the loss of those who of a ‘‘totalitarian regime’’ and declared, ‘‘We historians—figures that shaped Polish history, should meet each other halfway, realizing helped spread the light of freedom dur- revolutionized Polish political discourse, and that it is impossible to live only in the ing the Cold War. preserved Polish heritage. past.’’ Our Nation enjoys deep ties to Po- In cruel irony, they were traveling to Russia The declaration, dismissed by the paleo- land. Greenpoint, Brooklyn, in my dis- to commemorate the 1940 Katyn massacre lithic Russian Communist Party, mattered

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2549 less than Putin’s presence, head bowed in signs are there—to greater relation- member of the Foreign Affairs Com- that forest of shame. Watching him beside ships between Russia and Poland. mittee, the gentlewoman from Nevada Poland’s prime minister, Donald Tusk, I Madam Speaker, Poland is our ally. (Ms. BERKLEY). thought of Franc¸ois Mitterrand and Helmut In Saint John Kanty church in Clif- Ms. BERKLEY. I thank the gen- Kohl hand-in-hand at Verdun in 1984: of such ton—in my district—and members in solemn moments of reconciliation has the tleman for giving me this time to offer miracle of a Europe whole and free been Passaic, in Wallington and in Garfield, my condolences to the people of Po- built. Now that Europe extends eastward to- there are Polish Americans who send land. ward the Urals. out their deepest sympathies to the Madam Speaker, I rise today to join I thought even of Willy Brandt on his families. with Polish Americans, with our Na- knees in the Warsaw Ghetto in 1970, a turn- Picture the President of the United tion and, indeed, with the whole world ing point on the road to a German-Polish States, God forbid, and his family and in expressing our deepest sympathies reconciliation more miraculous in its way all of the dignitaries of the govern- to the people of Poland following this even than the dawning of the post-war Ger- ment—the FBI, the head of the CIA— weekend’s tragedy that killed their man-French alliance. And now perhaps comes the most wondrous rapprochement, going to the 9/11 commemoration in President, the First Lady and a num- the Polish-Russian. New York City and the plane’s going ber of other Polish military and civic It is too early to say where Warsaw-Mos- down and the whole government wiped leaders and dignitaries. We remember cow relations are headed but not too early to out. This is the magnitude that we are these men and women who gave their say that 96 lost souls would be dishonored if looking at today. Our prayers go to the lives while in the service of Poland, Polish and Russian leaders do not make of Polish people. We are all Poles today, and we send our sincerest condolences this tragedy a solemn bond. As Tusk told and until all of these folks are buried, to those families who have lost loved Putin, ‘‘A word of truth can mobilize two we wish them the best and their fami- ones. peoples looking for the road to reconciliation. Are we capable of transforming a lie lies the best. President Kaczynski fought for free- into reconciliation? We must believe we In closing, this is a very special dom during the Cold War and brought can.’’ friend of the United States of America. our two nations closer together during Poland should shame every nation that be- POLISH OUTREACH LETTER his tenure in office. His legacy will not lieves peace and reconciliation are impos- I was deeply saddened to hear about the be forgotten. America stands with our sible, every state that believes the sacrifice tragic plane crash on April 10, 2010 that took ally Poland, and we pledge our contin- of new generations is needed to avenge the the lives of 97 people, including high ranking ued support during this time of transi- grievances of history. The thing about com- Polish government officials, dignitaries, tion. petitive victimhood, a favorite Middle East- military leaders, President Lech Kaczyn´ ski ern pastime, is that it condemns the children and his wife, Maria Kaczyn´ ska. President As a member of the House Foreign of today to join the long list of the dead. Kaczyn´ ski served the Polish nation admi- Affairs Committee and as chairman of For scarcely any nation has suffered since rably, from his election as Mayor of Warsaw the Transatlantic Legislators Dia- 1939 as Poland, carved up by the Hitler-Sta- in 2002, to his Presidential election in 2005. logue, I call on my colleagues to ensure lin nonaggression pact, transformed by the He worked tirelessly for the people of Po- U.S. support for Poland’s needs after Nazis into the epicenter of their program to land. His fight for freedom and democracy in this heartbreaking and breathtaking annihilate European Jewry, land of Ausch- Poland made him a great ally for the United incident and to support this resolution witz and Majdanek, killing field for millions States. expressing our condolences to the peo- of Christian Poles and millions of Polish My deepest condolences go out to the Pol- Jews, brave home to the Warsaw Uprising, ish people, as well as the Polish-American ple of Poland. Soviet pawn, lonely Solidarity-led leader of community during this time of mourning. Mr. POE of Texas. I continue to re- post-Yalta Europe’s fight for freedom, a The tragic events of last week are made even serve the balance of my time. place where, as one of its great poets, more poignant by the location of the crash Mr. DELAHUNT. Madam Speaker, I Wislawa Szymborska, wrote, ‘‘History site, as the flight was en route to Smolensk now yield 1 minute to the distinguished counts its skeletons in round numbers’’— Air Base in Russia to commemorate the 70th gentlewoman from Ohio (Ms. KAPTUR). 20,000 of them at Katyn. anniversary of the Katyn Massacre. The Ms. KAPTUR. Mr. Chairman, thank It is this Poland that is now at peace with massacre of 20,000 Polish military officers in you for bringing this resolution to the its neighbors and stable. It is this Poland 1940 still resonates as one of history’s worst floor. wartime atrocities. This horrific event is that has joined Germany in the European Madam Speaker, on Saturday, I was Union. It is this Poland that has just seen magnified by the sudden loss of relatives of the very symbols of its tumultuous history massacre victims who were on board the emailed by Stanley Kobylak, a leader (including the Gdansk dock worker Anna flight traveling to commemorate the anni- of the Polish community in the Toledo, Walentynowicz and former president-in-exile versary. Ohio/Rossford area, informing me of Ryszard Kaczorowski) go down in a Soviet- Remembering the Katyn Massacre and Po- this tragic situation. I rise in support made jet and responded with dignity, accord- land’s wartime contributions is why I am a of this important resolution, offering ing to the rule of law. proud cosponsor of H. Res. 715, recognizing sympathy to the liberty-loving nation So do not tell me that cruel history cannot the 70th anniversary of the Soviet and Nazi invasion of Poland and the pivotal role Po- and people of the Republic of Poland, be overcome. Do not tell me that Israelis and our great ally. Palestinians can never make peace. Do not land has assumed at freedom’s edge since tell me that the people in the streets of gaining independence. This resolution com- Poland is one of America’s longest Bangkok and Bishkek and Tehran dream in mends the people of Poland for their historic and most steadfast allies from the time vain of freedom and democracy. Do not tell struggle against communism and fascism, of our own Republic’s founding, made me that lies can stand forever. recognizes our continued friendship with our possible by the valiance of Polish Gen- Ask the Poles. They know. Polish allies and honors the historic ties be- erals Casimir Pulaski and Tadeusz tween the United States and Poland. Kosciuszko. Mr. DELAHUNT. Madam Speaker, I As you know, I am deeply committed to now yield 1 minute to the gentleman serving my many constituents in the Polish- Poland’s highest leaders, including from New Jersey (Mr. PASCRELL). American Community. Please be assured its President and First Lady, Lech and (Mr. PASCRELL asked and was given that I will continue to work hard to foster Maria Kaczynski, were among the vic- permission to revise and extend his re- relationships between our two nations, and tims of that terrible crash as they marks.) to represent the Polish American commu- wended their way to commemorate the nity in New Jersey. Please count on me if 70th anniversary of the Katyn mas- b 1500 ever I may assist you regarding any federal sacre when over 22,000 Polish officers, Mr. PASCRELL. The very people who matter. I would like to remind you that my intellectuals and leaders were mur- website, www.pascrell.house.gov is frequently stand on this floor today spoke with us, updated and provides a good way to commu- dered at the hands of Joseph Stalin and Mr. DELAHUNT, 10 years ago, when we nicate with me. the Soviet Army in and around that fought to make sure that Poland was a Sincerely, forest during World War II. The truth member of NATO. Ironically, as you Bill Pascrell, Jr., of that slaughter was hidden for over 70 stand to manage the resolution, House Member of Congress. years, and now the entire world knows Resolution 1246, your career has been Mr. POE of Texas. I continue to re- of that sacred ground. filled with building bridges between serve the balance of my time. Madam Speaker, please allow me to communities. This tragedy is ironic in Mr. DELAHUNT. Madam Speaker, I extend condolences on behalf of my that, hopefully, it will lead—and the now yield 1 minute to a distinguished constituents in Ohio to the friends and

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2550 CONGRESSIONAL RECORD — HOUSE April 14, 2010 families of those who perished, to the day in a plane crash in western Russia along Mr. KING of New York. Madam Speaker, all people of Poland, to the nation of Po- with dozens of other distinguished civilian and the world mourns the horrific plane crash land, and to the people of Polish herit- military leaders of Poland. We mourn their which took the lives of Polish President Lech age throughout the world. Let this mo- loss and join in sending our sincere condo- Kaczynski, his wife Maria, and so many of Po- ment be one of recommitment to Po- lences to the people of Poland, and especially land’s leading political, military, and financial land’s highest aspirations and full ex- the family and friends of those who perished officials. This horrible tragedy will be felt for pression of its own history. in this tragic accident. years to come by so many and my thoughts So long as we are alive, there will be Poland is a close friend and ally of the and prayers are with Poland on this day. a Poland. United States. Our two countries are linked by I want to particularly acknowledge the tragic Mr. POE of Texas. I yield myself such longstanding ties of family and friendship. My loss of Janusz Kochanowski. Dr. Kochanowski time as I may consume. home state of Michigan has a large and vi- was a true scholar, a champion of human Madam Speaker, we sometimes for- brant Polish-American community. We stand rights, and a good friend of the United States get how great an ally Poland is to the in solidarity with them during this difficult time who unfortunately was on board that fateful United States. They have not only had as we pay our respects to all of those who flight. He was a lawyer, a professor, a dip- a quest for freedom for their own peo- were lost in this tragedy. lomat, and most recently the Polish Commis- ple, but they have been an ally to this I also wish to express my appreciation to sioner for Civil Rights Protection (ombuds- Nation. As the United States and other Representatives DAHLKEMPER and LIPINSKI for man). It was in this position that he was an NATO countries are engaged in the introducing the resolution before the House. I outspoken advocate on behalf of the Polish battle against terrorism in Afghani- am pleased to join them in cosponsoring it people including rebuking his own government stan, there are over 2,000 members of and urge its passage. for its refusal to provide swine flu vaccines to the Polish military who are there as Mr. CONYERS. Madam Speaker, today I the public amid the global panic. well, side by side with the United rise in support of H. Res. 1246 with a heavy Once again, let me express my condolences States and with other NATO forces, the heart to express my deepest condolences to to Dr. Kochanowski’s wife, Ewa, and his two freedom fighters that they are, helping the country of Poland, its people, and the Pol- children, Marta and Mateusz, on this tragic to seek freedom and liberty in Afghani- ish American community. This weekend the loss. stan and against those international country of Poland suffered a tragic loss. Satur- Mr. VISCLOSKY. Madam Speaker, I rise in terrorists who do us all harm. day, I awoke to news that the president of Po- strong support of H. Res. 1246 to pay tribute I think Mr. PASCRELL, the gentleman land, Lech Kaczynski, Poland’s first lady Maria to Polish President Lech Kaczyn´ski, First Lady from New Jersey, said it well today. Kaczynski, President of the Polish central Maria Kaczyn´ska, and the other Polish officials ‘‘We are all Poles,’’ and we honor them, bank, Slawomir Skrzypek, and many other who were lost in the catastrophic plane crash and we suffer their loss and their grief high ranking military officials all died in a plane on April 10, 2010. I would like to express my at this time because of the tragedy crash. The President and these other leaders deepest and most heartfelt condolences to the that occurred not only on Saturday but were in route to Russia to commemorate the people and government of Poland, the families at the massacre that occurred in that 70th anniversary of the tragic massacre at of those who perished, and Polish Americans, forest in the Soviet Union many, many Katyn. especially those who call Northwest Indiana years ago. Although these leaders will be missed, I home, in the wake of this tragedy. This is a I yield back the balance of my time. have faith that many talented people in Poland devastating loss for Poland, the United States, Mr. DELAHUNT. I would just echo will help their country emerge from this time of and the world. the eloquent sentiments expressed by sorrow and mourning. I want to let the people Poland is a very dear friend to the United my friend from Texas. of the country of Poland know that I and Metro States, and President Kaczyn´ski was one of I have no further requests for time. Detroit’s Polish American community extend America’s valued and trusted allies. President Mr. BISHOP of New York. Madam Speaker, our deepest sorrow and extend to you our Kaczyn´ski played a key role in the Solidarity I rise today to express my sincere condo- thoughts and prayers in your time of need. movement, and was widely admired in the lences to the People of Poland and all Ameri- Mr. MCMAHON. Madam Speaker, today, I United States as a champion for democracy cans of Polish descent who are grieving in the offer my deepest condolences to the country and an advocate for freedom and human wake of the tragic plane crash on April 10th in of Poland, its citizens, and the families of rights in Poland, and around the world. which President Lech Kaczynski and dozens President Kaczynski, his wife and all those There is a significant sense of sadness of the country’s top political and military lead- killed on April 10, 2010. That is why I rise throughout Indiana’s First Congressional Dis- ers were killed. today in support of H. Res. 1246, a resolution trict, where Polish communities have gathered One out of every four inhabitants of expressing sympathy for the people of Poland together to honor and mourn those lost. I Riverhead, New York in the first Congres- in the aftermath of the tragic plane crash that share the sadness, and join the Polish people, sional district of New York claim Polish herit- killed the country’s President, First Lady and in Northwest Indiana and around the world, in age. This thriving ethnic enclave has been a 94 others this past Saturday. mourning. Mr. DELAHUNT. Madam Speaker, I growing community devoted to family, religion, Implausibly, this untimely tragedy occurred and tradition since the turn of the twentieth yield back the balance of my time. while President Kaczynski was on his way to The SPEAKER pro tempore. The century. commemorate the unspeakable injustices car- question is on the motion offered by After arriving in America, Polish families es- ried out upon the Polish people during the the gentleman from Massachusetts tablished family farms and villages throughout Katyn massacre. (Mr. DELAHUNT) that the House suspend the East End of Long Island. Hard work en- His ability to commemorate this massacre the rules and agree to the resolution, abled Riverhead’s Polish Town to grow as alongside Russian leaders for the first time, H. Res. 1246. new immigrants added their talents and skills speaks volumes to his skill and understanding The question was taken. to those of their neighbors, and the commu- as a politician and a world leader. The SPEAKER pro tempore. In the nity’s special character endures today. Through my position on the House Foreign opinion of the Chair, two-thirds being Madam Speaker, Poland and the United Affairs Committee and the Subcommittee on in the affirmative, the ayes have it. States share a long history of mutual support. Europe, I have witnessed President Mr. DELAHUNT. Madam Speaker, on In this Congress, General Casimir Pulaski, Kaczynski’s efforts to strengthen US-Poland that I demand the yeas and nays. legendary Polish commander of the American relations. He was truly one of America’s most The yeas and nays were ordered. Cavalry during the Revolutionary War, was valued and trusted allies. The SPEAKER pro tempore. Pursu- given our nation’s highest honor as an Hon- His work for human rights and freedoms, ant to clause 8 of rule XX and the orary Citizen. Just as General Pulaski sup- not only benefited the people of Poland, but Chair’s prior announcement, further ported America in our hour of need, today we the entire international community. He will be proceedings on this motion will be stand with all who are suffering from this ter- long remembered and sorely missed. postponed. rible loss and pledge our continued support of Most notably, he will remain a champion for f Poland and its people. democracy, a man whose journey took him Mr. LEVIN. Madam Speaker, I rise to join so from the Gdansk Shipyards to the presidency ANNOUNCEMENT BY THE SPEAKER many of my House colleagues in mourning the of a free people. His legend will live in the PRO TEMPORE loss of President Lech Kaczynski and First hearts and minds of all those who yearn for a The SPEAKER pro tempore. Pursu- Lady Maria Kaczynska, who died last Satur- better, more peaceful world. ant to clause 8 of rule XX, proceedings

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2551 will resume on motions to suspend the Hastings (WA) Matheson Ros-Lehtinen b 1537 rules previously postponed. Heinrich Matsui Roskam Heller McCarthy (CA) Ross So (two-thirds being in the affirma- Votes will be taken in the following Hensarling McCarthy (NY) Rothman (NJ) tive) the rules were suspended and the order: Herger McCaul Roybal-Allard resolution was agreed to. H. Res. 1236, by the yeas and nays; Herseth Sandlin McClintock Royce The result of the vote was announced H.R. 4994, by the yeas and nays; Higgins McCollum Rush Hill McCotter Ryan (OH) as above recorded. H.R. 3125, by the yeas and nays; Himes McDermott Ryan (WI) A motion to reconsider was laid on H. Res. 1246, by the yeas and nays. Hinchey McGovern Salazar the table. The first electronic vote will be con- Hinojosa McHenry Sanchez, Loretta Stated for: Hirono McIntyre Sarbanes ducted as a 15-minute vote. Remaining Ms. MOORE of Wisconsin. Madam Speak- electronic votes will be conducted as 5- Hodes McKeon Scalise Holden McMahon Schakowsky er, on rollcall No. 199, had I been present, I minute votes. Holt McMorris Schauer would have voted ‘‘yes.’’ Honda Rodgers Schiff f Hoyer McNerney Schmidt f Hunter Meek (FL) Schock HONORING COAL MINERS FROM Inglis Meeks (NY) Schrader TAXPAYER ASSISTANCE ACT OF UPPER BIG BRANCH MINE IN Inslee Melancon Schwartz 2010 WEST VIRGINIA Israel Mica Scott (VA) The SPEAKER pro tempore (Mrs. Issa Michaud Sensenbrenner The SPEAKER pro tempore. The un- Jackson (IL) Miller (FL) Serrano CAPPS). The unfinished business is the finished business is the vote on the mo- Jackson Lee Miller (MI) Sessions vote on the motion to suspend the tion to suspend the rules and agree to (TX) Miller (NC) Sestak rules and pass the bill, H.R. 4994, as the resolution, H. Res. 1236, on which Jenkins Miller, Gary Shadegg amended, on which the yeas and nays Johnson (GA) Miller, George Shea-Porter were ordered. the yeas and nays were ordered. Johnson (IL) Minnick Shimkus The Clerk read the title of the resolu- Johnson, E. B. Mitchell Shuler The Clerk read the title of the bill. tion. Johnson, Sam Mollohan Shuster The SPEAKER pro tempore. The The SPEAKER pro tempore. The Jones Moran (KS) Simpson question is on the motion offered by Jordan (OH) Moran (VA) Sires the gentleman from Georgia (Mr. question is on the motion offered by Kagen Murphy (CT) Skelton EWIS the gentleman from California (Mr. Kanjorski Murphy (NY) Slaughter L ) that the House suspend the GEORGE MILLER) that the House sus- Kaptur Murphy, Patrick Smith (NE) rules and pass the bill, H.R. 4994, as pend the rules and agree to the resolu- Kennedy Murphy, Tim Smith (NJ) amended. tion, H. Res. 1236. Kildee Myrick Smith (TX) This will be a 5-minute vote. Kilpatrick (MI) Nadler (NY) Smith (WA) The vote was taken by electronic de- The vote was taken by electronic de- Kilroy Napolitano Snyder vice, and there were—yeas 409, nays 0, Kind Neal (MA) Souder vice, and there were—yeas 399, nays 9, not voting 20, as follows: King (IA) Neugebauer Space not voting 21, as follows: King (NY) Nunes [Roll No. 199] Speier [Roll No. 200] Kingston Nye Spratt YEAS—399 YEAS—409 Kirk Oberstar Stark Ackerman Calvert Doggett Kirkpatrick (AZ) Obey Stearns Ackerman Buyer Donnelly (IN) Aderholt Camp Donnelly (IN) Kissell Olson Stupak Aderholt Calvert Doyle Adler (NJ) Cantor Doyle Klein (FL) Olver Sullivan Adler (NJ) Camp Dreier Akin Cao Dreier Kline (MN) Ortiz Sutton Akin Cantor Driehaus Alexander Capito Driehaus Kosmas Owens Tanner Alexander Cao Edwards (MD) Altmire Capps Duncan Kratovil Pallone Taylor Altmire Capito Edwards (TX) Andrews Capps Ehlers Andrews Capuano Edwards (MD) Kucinich Pascrell Teague Arcuri Capuano Ellison Arcuri Cardoza Edwards (TX) Lamborn Pastor (AZ) Thompson (CA) Austria Cardoza Ellsworth Austria Carnahan Ehlers Lance Paul Thompson (MS) Baca Carnahan Emerson Baca Carney Ellison Langevin Paulsen Thompson (PA) Bachmann Carson (IN) Ellsworth Larsen (WA) Payne Bachmann Carney Engel Thornberry Bachus Carson (IN) Eshoo Bachus Carter Emerson Larson (CT) Pence Tiahrt Baird Carter Etheridge Baird Cassidy Engel Latham Perlmutter Tiberi Baldwin Cassidy Fallin Baldwin Castle Eshoo LaTourette Perriello Tierney Barrow Castle Farr Barrow Castor (FL) Etheridge Latta Peters Titus Bartlett Castor (FL) Fattah Bartlett Chaffetz Fallin Lee (CA) Peterson Barton (TX) Chandler Farr Tonko Barton (TX) Chandler Filner Lee (NY) Petri Towns Bean Childers Fleming Bean Childers Fattah Levin Pingree (ME) Becerra Chu Filner Tsongas Becerra Chu Forbes Lewis (CA) Pitts Berkley Clarke Flake Turner Berkley Clarke Fortenberry Lewis (GA) Platts Berman Clay Fleming Upton Berman Clay Foster Linder Poe (TX) Berry Cleaver Forbes Van Hollen Berry Cleaver Foxx Polis (CO) Biggert Clyburn Fortenberry Lipinski Visclosky Biggert Clyburn Frank (MA) LoBiondo Pomeroy Bilirakis Coble Foster Walden Bilirakis Coble Franks (AZ) Loebsack Posey Bishop (NY) Coffman (CO) Foxx Walz Bishop (GA) Coffman (CO) Frelinghuysen Lofgren, Zoe Price (NC) Bishop (NY) Cohen Fudge Bishop (UT) Cohen Frank (MA) Waters Lowey Putnam Bishop (UT) Cole Garamendi Blackburn Cole Franks (AZ) Watson Lucas Quigley Blackburn Conaway Garrett (NJ) Blumenauer Conaway Frelinghuysen Watt Luetkemeyer Radanovich Blumenauer Connolly (VA) Gerlach Blunt Connolly (VA) Fudge Waxman Luja´ n Rahall Blunt Conyers Giffords Boccieri Conyers Garamendi Weiner Boehner Cooper Garrett (NJ) Lummis Rangel Boccieri Cooper Gingrey (GA) Welch Bonner Costa Gerlach Lungren, Daniel Rehberg Boehner Costello Gohmert Westmoreland Bono Mack Costello Giffords E. Reichert Bonner Courtney Goodlatte Whitfield Boozman Courtney Gingrey (GA) Lynch Reyes Bono Mack Crenshaw Gordon (TN) Boren Crenshaw Gohmert Mack Richardson Wilson (OH) Boozman Crowley Granger Boswell Crowley Goodlatte Maffei Rodriguez Wilson (SC) Boren Cuellar Graves Boucher Cuellar Gordon (TN) Maloney Roe (TN) Wittman Boswell Culberson Grayson Boucher Cummings Green, Al Boustany Culberson Granger Manzullo Rogers (AL) Wolf Boustany Dahlkemper Green, Gene Boyd Cummings Graves Marchant Rogers (KY) Woolsey Boyd Davis (CA) Grijalva Brady (PA) Dahlkemper Grayson Markey (CO) Rogers (MI) Wu Brady (TX) Davis (CA) Green, Al Yarmuth Brady (PA) Davis (IL) Guthrie Markey (MA) Rohrabacher Brady (TX) Davis (KY) Gutierrez Braley (IA) Davis (IL) Green, Gene Marshall Rooney Young (FL) Bright Davis (KY) Griffith Braley (IA) Davis (TN) Hall (NY) Bright DeFazio Hall (TX) Broun (GA) Davis (TN) Grijalva NOT VOTING—20 Brown (SC) DeFazio Guthrie Broun (GA) DeGette Halvorson Brown, Corrine DeGette Gutierrez Barrett (SC) Moore (KS) Terry Brown (SC) Delahunt Hare Brown-Waite, Delahunt Hall (NY) Bilbray Moore (WI) Vela´ zquez Brown, Corrine DeLauro Harman Ginny DeLauro Hall (TX) Bishop (GA) Price (GA) Wamp Brown-Waite, Dent Harper Ginny Diaz-Balart, L. Hastings (FL) Buchanan Dent Halvorson Campbell Ruppersberger Wasserman Buchanan Diaz-Balart, M. Hastings (WA) Burgess Diaz-Balart, L. Hare Davis (AL) Sa´ nchez, Linda Schultz Burgess Dicks Heinrich Burton (IN) Diaz-Balart, M. Harman Gallegly T. Young (AK) Butterfield Dicks Harper Gonzalez Scott (GA) Burton (IN) Dingell Heller Buyer Dingell Hastings (FL) Hoekstra Sherman Butterfield Doggett Hensarling

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2552 CONGRESSIONAL RECORD — HOUSE April 14, 2010

Herger McCollum Ross ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Blumenauer Franks (AZ) Lungren, Daniel Herseth Sandlin McCotter Rothman (NJ) The SPEAKER pro tempore (during Blunt Frelinghuysen E. Higgins McDermott Roybal-Allard Boccieri Fudge Lynch Hill McGovern Rush the vote). Members have 2 minutes re- Boehner Garamendi Maffei Himes McHenry Ryan (OH) maining in this vote. Bonner Garrett (NJ) Maloney Hinchey McIntyre Ryan (WI) Bono Mack Gerlach Manzullo Hinojosa McKeon Salazar b 1546 Boozman Giffords Markey (CO) Hirono McMahon Sanchez, Loretta Boren Gingrey (GA) Markey (MA) Hodes McMorris Sarbanes Messrs. CHAFFETZ and ROYCE Boswell Gohmert Marshall Holden Rodgers Scalise changed their vote from ‘‘yea’’ to Boucher Goodlatte Matheson Boustany Gordon (TN) Matsui Holt McNerney Schakowsky ‘‘nay.’’ Boyd Granger McCarthy (CA) Honda Meek (FL) Schauer So (two-thirds being in the affirma- Brady (PA) Graves McCarthy (NY) Hoyer Meeks (NY) Schiff tive) the rules were suspended and the Braley (IA) Grayson McCaul Hunter Melancon Schmidt Bright Green, Al McClintock Inglis Mica Schock bill, as amended, was passed. Inslee Michaud Broun (GA) Green, Gene McCollum Schrader The result of the vote was announced Brown (SC) Griffith McCotter Israel Miller (FL) Schwartz as above recorded. Brown, Corrine Grijalva McDermott Issa Miller (MI) Scott (VA) Brown-Waite, Guthrie McGovern Jackson (IL) Miller (NC) A motion to reconsider was laid on Serrano Ginny Gutierrez McHenry Jackson Lee Miller, Gary the table. Sessions Buchanan Hall (NY) McIntyre (TX) Miller, George Sestak Stated for: Burton (IN) Hall (TX) McKeon Jenkins Minnick Shadegg Butterfield Halvorson McMahon Johnson (GA) Mitchell Mr. COSTA. Madam Speaker, on rollcall No. Shea-Porter Buyer Hare McMorris Mollohan 200, I would have voted ‘‘aye.’’ Unfortunately Johnson, E. B. Shimkus Calvert Harman Rodgers Johnson, Sam Moore (KS) Shuler I was unavoidably detained. Camp Harper McNerney Jordan (OH) Moore (WI) Shuster Mr. GRIFFITH. Madam Speaker, on rollcall Cantor Hastings (FL) Meek (FL) Kagen Moran (KS) Simpson Cao Hastings (WA) Meeks (NY) Kanjorski Moran (VA) No. 200, I was unavoidably detained. Had I Sires Capito Heinrich Melancon Kaptur Murphy (CT) been present, I would have voted ‘‘yes.’’ Skelton Capps Heller Mica Kennedy Murphy (NY) Slaughter f Capuano Herger Michaud Kildee Murphy, Patrick Cardoza Herseth Sandlin Miller (MI) Kilpatrick (MI) Murphy, Tim Smith (NE) Smith (NJ) MOMENT OF SILENCE IN REMEM- Carnahan Higgins Miller (NC) Kilroy Myrick Carney Hill Miller, Gary Kind Nadler (NY) Smith (TX) BRANCE OF MEMBERS OF Smith (WA) Carson (IN) Himes Miller, George King (IA) Napolitano ARMED FORCES AND THEIR Carter Hinchey Minnick Snyder King (NY) Neal (MA) Cassidy Hinojosa Mitchell Souder FAMILIES Kingston Neugebauer Castle Hirono Mollohan Space Kirkpatrick (AZ) Nunes The SPEAKER. The Chair would ask Castor (FL) Hodes Moore (KS) Kissell Nye Speier all present to rise for the purpose of a Chaffetz Holden Moore (WI) Klein (FL) Oberstar Spratt Chandler Holt Moran (KS) Kline (MN) Obey Stark moment of silence. Childers Honda Moran (VA) Kosmas Olson Stearns The Chair asks that the House now Chu Hoyer Murphy (CT) Kratovil Olver Stupak observe a moment of silence in remem- Clarke Hunter Murphy (NY) Kucinich Ortiz Sullivan brance of our brave men and women in Clay Inglis Murphy, Patrick Lamborn Owens Sutton Cleaver Inslee Murphy, Tim Lance Pallone Tanner uniform who have given their lives in Clyburn Israel Myrick Langevin Pascrell Taylor the service of our Nation in Iraq and Coble Issa Nadler (NY) Larsen (WA) Pastor (AZ) Teague Afghanistan and their families and all Coffman (CO) Jackson (IL) Napolitano Larson (CT) Paulsen Thompson (CA) who serve in our Armed Forces and Cohen Jackson Lee Neal (MA) Latham Payne Thompson (MS) Cole (TX) Nunes LaTourette Pence Thompson (PA) their families. Connolly (VA) Jenkins Nye Latta Perlmutter Conyers Johnson (GA) Oberstar Thornberry f Lee (CA) Perriello Tiahrt Cooper Johnson (IL) Olson Lee (NY) Peters Costa Johnson, E. B. Olver Tiberi ANNOUNCEMENT BY THE SPEAKER Levin Peterson Tierney Costello Jones Ortiz Lewis (CA) Petri Titus PRO TEMPORE Courtney Jordan (OH) Owens Pingree (ME) Crenshaw Kagen Pallone Lewis (GA) Tonko The SPEAKER pro tempore (Mrs. Linder Pitts Towns Crowley Kanjorski Pascrell APPS Cuellar Kaptur Pastor (AZ) Lipinski Platts Tsongas C ). Without objection, 5-minute Cummings Kennedy Paulsen LoBiondo Poe (TX) Turner voting will continue. Polis (CO) Dahlkemper Kildee Payne Loebsack Upton There was no objection. Lofgren, Zoe Pomeroy Davis (CA) Kilpatrick (MI) Pence Van Hollen Lowey Posey Davis (IL) Kilroy Perlmutter Vela´ zquez f Lucas Price (NC) Davis (KY) Kind Perriello Visclosky Luetkemeyer Putnam Davis (TN) King (IA) Peters Walden RADIO SPECTRUM INVENTORY ACT Luja´ n Quigley DeFazio King (NY) Peterson Walz Lungren, Daniel Radanovich The SPEAKER pro tempore. The un- DeGette Kingston Petri E. Rahall Waters finished business is the vote on the mo- Delahunt Kirk Pingree (ME) Watson DeLauro Kirkpatrick (AZ) Pitts Lynch Rangel tion to suspend the rules and pass the Mack Rehberg Watt Dent Kissell Platts Maffei Reichert Waxman bill, H.R. 3125, as amended, on which Diaz-Balart, L. Klein (FL) Polis (CO) Maloney Reyes Weiner the yeas and nays were ordered. Diaz-Balart, M. Kline (MN) Pomeroy Manzullo Richardson Westmoreland The Clerk read the title of the bill. Dicks Kosmas Posey Marchant Rodriguez Whitfield Dingell Kratovil Price (NC) Markey (CO) Roe (TN) Wilson (OH) The SPEAKER pro tempore. The Doggett Kucinich Putnam Markey (MA) Rogers (AL) Wilson (SC) question is on the motion offered by Donnelly (IN) Lamborn Quigley Marshall Rogers (KY) Wittman the gentleman from Virginia (Mr. BOU- Doyle Lance Radanovich Dreier Langevin Rahall Matheson Rogers (MI) Wolf CHER) that the House suspend the rules Matsui Rohrabacher Woolsey Driehaus Larsen (WA) Rangel McCarthy (CA) Rooney Wu and pass the bill, H.R. 3125, as amend- Duncan Larson (CT) Rehberg McCarthy (NY) Ros-Lehtinen Yarmuth ed. Edwards (MD) Latham Reichert McCaul Roskam Young (FL) Edwards (TX) LaTourette Reyes This is a 5-minute vote. Ehlers Latta Richardson The vote was taken by electronic de- Ellison Lee (CA) Rodriguez NAYS—9 vice, and there were—yeas 394, nays 18, Ellsworth Lee (NY) Roe (TN) Chaffetz Johnson (IL) Paul not voting 17, as follows: Emerson Levin Rogers (AL) Duncan Lummis Royce Engel Lewis (CA) Rogers (KY) Flake McClintock Sensenbrenner [Roll No. 201] Eshoo Lewis (GA) Rogers (MI) YEAS—394 Etheridge Linder Rohrabacher NOT VOTING—21 Fallin Lipinski Ros-Lehtinen Ackerman Bachmann Berkley Farr LoBiondo Roskam Barrett (SC) Hoekstra Sherman Aderholt Bachus Berman Fattah Loebsack Ross Bilbray Jones Terry Adler (NJ) Baird Berry Filner Lofgren, Zoe Rothman (NJ) Campbell Kirk Wamp Alexander Baldwin Biggert Fleming Lowey Roybal-Allard Costa Price (GA) Wasserman Altmire Barrow Bilirakis Forbes Lucas Rush Davis (AL) Ruppersberger Schultz Andrews Bartlett Bishop (GA) Fortenberry Luetkemeyer Ryan (OH) Gallegly Sa´ nchez, Linda Welch Arcuri Barton (TX) Bishop (NY) Foster Luja´ n Ryan (WI) Gonzalez T. Young (AK) Austria Bean Bishop (UT) Frank (MA) Lummis Salazar Griffith Scott (GA) Baca Becerra Blackburn

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2553 Sanchez, Loretta Smith (TX) Tsongas and their respective staffs were told, and on Standards of Official Conduct rule 19, the Sarbanes Smith (WA) Turner what those individuals did with the informa- committee shall establish an Investigative Scalise Snyder Upton tion in their possession; Subcommittee in the aforementioned mat- Schakowsky Souder Van Hollen Whereas, on March 11, 2010, the House of ter, or report to the House no later than the Schauer Space ´ Velazquez Representatives voted 402–1 to refer to the final day of that period the reasons for its Schiff Speier Visclosky Standards Committee House Resolution 1164. Schmidt Spratt Walden failure to do so; Schock Stark Walz The resolution would have directed the Com- (3) All Members, officers and staff are in- Schrader Stearns Waters mittee on Standards of Official Conduct to structed to cooperate fully in the commit- Schwartz Stupak Watson ‘‘investigate fully, pursuant to clause 3(a)(2) tee’s investigation and to preserve all Scott (VA) Sullivan Watt of House Rule XI, which Democratic leaders records, electronic or otherwise, that may Serrano Sutton Waxman and members of their respective staffs had Sessions Tanner bear on the subject of this investigation; Weiner Sestak Taylor knowledge prior to March 3, 2010 of the afore- (4) The Chief Administrative Officer shall Shadegg Teague Welch mentioned allegations concerning Mr. immediately take all steps necessary to se- Shea-Porter Thompson (CA) Westmoreland Massa, and what actions each leader and cure and prevent the alteration or deletion Shimkus Thompson (MS) Whitfield staffer having any such knowledge took after of any e-mails, text messages, voicemails Wilson (OH) Shuler Thompson (PA) learning of the allegations’’; and other electronic records resident on Shuster Thornberry Wilson (SC) Whereas, House Resolution 1164 also stat- Wittman House equipment that have been sent or re- Simpson Tiahrt ed, ‘‘Within ten days following the adoption Sires Tiberi Wolf ceived by the Members and staff who are the Skelton Tierney Woolsey of this resolution, and pursuant to Com- subjects of the investigation authorized Slaughter Titus Wu mittee on Standards of Official Conduct rule under this resolution until advised by the Smith (NE) Tonko Yarmuth 19, the committee shall establish an inves- Committee on Standards of Official Conduct Smith (NJ) Towns Young (FL) tigative subcommittee in the aforemen- that it has no need of any portion of said tioned matter, or report to the House no NAYS—18 records; and, later than the final day of that period the (5) The Committee shall issue a final re- Akin Foxx Neugebauer reasons for its failure to do so’’; port of its findings and recommendations in Brady (TX) Hensarling Paul Whereas, thirty-four days have passed this matter no later than July 31, 2010. Burgess Johnson, Sam Poe (TX) since the House vote on the resolution that, Conaway Mack Rooney had it passed, would have required the The SPEAKER pro tempore. The res- Culberson Marchant Royce olution qualifies. Flake Miller (FL) Sensenbrenner Standards Committee to create an investigative subcommittee. Nevertheless, during MOTION TO REFER THE RESOLUTION NOT VOTING—17 that time the committee has failed to estab- Mr. MCGOVERN. Madam Speaker, I Barrett (SC) Obey Terry lish an investigative subcommittee and has move that the resolution be referred to Bilbray Price (GA) Wamp issued no public announcements indicating the Committee on Standards of Official Campbell Ruppersberger Wasserman its intention to do so; Davis (AL) Sa´ nchez, Linda Schultz Whereas, during the past thirty-four days, Conduct. Gallegly T. Young (AK) The SPEAKER pro tempore. The gen- Gonzalez Scott (GA) numerous news reports have made public ad- Hoekstra Sherman ditional disturbing information about Mr. tleman from Massachusetts is recog- Massa’s actions and his staff’s attempts to nized for 1 hour. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bring their concerns about Mr. Massa’s con- Mr. MCGOVERN. Madam Speaker, The SPEAKER pro tempore (during duct to the attention of Democratic leader- this is a matter that properly belongs the vote). There are 2 minutes remain- ship; before the Committee on Standards of ing in this vote. Whereas, the possibility that House Demo- cratic leaders may have failed to imme- Official Conduct. b 1603 diately confront Rep. Massa about allega- I yield back the balance of my time, and I move the previous question on Mr. TIAHRT changed his vote from tions of sexual harassment may have exposed employees and interns of Rep. Massa to con- the motion. ‘‘nay’’ to ‘‘yea.’’ tinued harassment; The previous question was ordered. So (two-thirds being in the affirma- Whereas, as recently as this morning, the The SPEAKER pro tempore. The tive) the rules were suspended and the Washington Post published an article on its question is on the motion to refer. bill, as amended, was passed. Web site and on page three of that newspaper The question was taken; and the The result of the vote was announced headlined ‘‘Staffers’ Accounts Paint More Detailed, Troubling Picture of Massa’s Of- Speaker pro tempore announced that as above recorded. the ayes appeared to have it. A motion to reconsider was laid on fice’’; Whereas, the same Washington Post article the table. RECORDED VOTE also contained the following sub-headline: Mr. BOEHNER. Madam Speaker, I de- f ‘‘Workers Felt Helpless’’; mand a recorded vote. Whereas, in the wake of the aforemen- RAISING A QUESTION OF THE tioned media accounts and a 402–1 vote by A recorded vote was ordered. PRIVILEGES OF THE HOUSE the House that should have signaled to the The SPEAKER pro tempore. Pursu- Mr. BOEHNER. Madam Speaker, I committee the seriousness of this matter, ant to clause 8 of rule XX, this 15- have a privileged resolution at the desk the continued failure by the Committee on minute vote on the motion to refer will Standards of Official Conduct to establish an be followed by a 5-minute vote on the and ask for its immediate consider- investigative subcommittee has held the ation in the House. motion to suspend the rules on House committee and the full House to public ridi- Resolution 1246. The SPEAKER pro tempore (Ms. ED- cule; The vote was taken by electronic de- WARDS of Maryland). The Clerk will re- Whereas, clause one of rule XXIII of the port the resolution. Rules of the House of Representatives, titled vice, and there were—ayes 235, noes 157, The Clerk read as follows: ‘‘Code of Conduct,’’ states ‘‘A Member, Dele- answered ‘‘present’’ 17, not voting 20, gate, Resident Commission, officer, or em- as follows: H. RES. 1249 ployee of the House shall conduct himself at [Roll No. 202] Whereas, on March 4, 2010, the Committee all times in a manner that shall reflect AYES—235 on Standards of Official Conduct issued the creditably on the House’’; following public statement, ‘‘The Com- Whereas, the Committee on Standards of Ackerman Boren Cleaver mittee, pursuant to Rule 18(a), is inves- Official Conduct is charged under House Adler (NJ) Boswell Clyburn tigating and gathering additional informa- Altmire Boucher Cohen Rules with enforcing the Code of Conduct; Andrews Boyd Connolly (VA) tion concerning matters related to allega- Therefore, be it Resolved, Arcuri Brady (PA) Conyers tions involving Representative Massa’’; (1) The Committee on Standards of Official Baca Braley (IA) Cooper Whereas, on March 8, 2010, Representative Conduct is directed to investigate fully, pur- Baird Bright Costa Eric Massa resigned from the House; suant to clause 3(a)(2) of House Rule XI, Baldwin Brown, Corrine Costello Whereas, in the days following Representa- which House Democratic leaders and mem- Barrow Capps Courtney tive Massa’s resignation, numerous con- bers of their respective staffs had knowledge Bean Capuano Crowley fusing and conflicting media reports that prior to March 3, 2010 of the aforementioned Becerra Cardoza Cuellar Berkley Carnahan Cummings House Democratic leaders knew about, and allegations concerning Mr. Massa, and what Berman Carney Dahlkemper may have failed to handle appropriately, al- actions each leader and staffer having any Berry Carson (IN) Davis (CA) legations that Rep. Massa was sexually such knowledge took after learning of the al- Bishop (GA) Childers Davis (IL) harassing his own employees raised serious legations; Bishop (NY) Chu Davis (TN) and legitimate questions about what Speak- (2) Within ten days following adoption of Blumenauer Clarke DeFazio er Pelosi as well as other Democratic leaders this resolution, and pursuant to Committee Boccieri Clay DeGette

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2554 CONGRESSIONAL RECORD — HOUSE April 14, 2010 Delahunt Kissell Pingree (ME) Murphy, Tim Rogers (MI) Souder The citizens of the United States and DeLauro Klein (FL) Polis (CO) Neugebauer Rohrabacher Stearns Poland have a deep and long-lasting Dicks Kosmas Pomeroy Nunes Rooney Sullivan Dingell Kratovil Price (NC) Olson Ros-Lehtinen Thompson (PA) friendship based on mutual values and Doggett Kucinich Rahall Paul Roskam Thornberry respect, and we are proud to call Po- Donnelly (IN) Langevin Rangel Paulsen Royce Tiahrt land a trusted and close ally. Pence Ryan (WI) Doyle Larsen (WA) Reyes Tiberi Today we are joined by Polish Am- Driehaus Larson (CT) Richardson Petri Scalise Turner Pitts Schmidt Edwards (MD) Lee (CA) Rodriguez Upton bassador Robert Kupiecki and others Edwards (TX) Levin Platts Schock Ross Walz from the Polish Embassy. As we mourn Ellison Lewis (GA) Posey Sensenbrenner Rothman (NJ) Westmoreland the loss of the President and other Ellsworth Lipinski Roybal-Allard Putnam Sessions Engel Loebsack Quigley Shadegg Whitfield members of the Polish delegation, we Rush Wilson (SC) Eshoo Lowey Ryan (OH) Rehberg Shimkus extend our most solemn condolences to Etheridge Luja´ n Reichert Shuster Wittman Salazar Wolf their families, the people of Poland, Farr Maffei Sanchez, Loretta Roe (TN) Smith (NE) Rogers (AL) Smith (NJ) Young (FL) and those of Polish descent every- Fattah Maloney Sarbanes Rogers (KY) Smith (TX) Filner Markey (CO) Schakowsky where. Foster Markey (MA) Schauer I now request that we observe a mo- Frank (MA) Marshall ANSWERED ‘‘PRESENT’’—17 Schiff ment of silence to honor those who Fudge Matheson Schrader Bonner Diaz-Balart, L. Myrick Garamendi Matsui passed away in this tragic event. Schwartz Butterfield Harper Poe (TX) Giffords McCarthy (NY) Scott (VA) Castor (FL) Hastings (WA) Simpson MOMENT OF SILENCE Grayson McCollum Serrano Chandler Latham Walden Green, Al McDermott The SPEAKER. The Chair asks that Sestak Conaway Lofgren, Zoe Welch Green, Gene McGovern Dent McCaul the House now observe a moment of si- Shea-Porter Grijalva McIntyre Shuler lence in solidarity with the people of Gutierrez McMahon NOT VOTING—20 Sires Poland and in remembrance of those Hall (NY) McNerney Skelton Barrett (SC) Lucas Sherman who lost their lives in that terrible Halvorson Meek (FL) Bilbray Lynch Terry Hare Meeks (NY) Slaughter tragedy. Smith (WA) Campbell Price (GA) Wamp Harman Melancon Davis (AL) Radanovich Wasserman Hastings (FL) Michaud Snyder f Gallegly Ruppersberger Schultz Heinrich Miller (NC) Space Gonzalez Sa´ nchez, Linda Young (AK) Herseth Sandlin Miller, George Speier ANNOUNCEMENT BY THE SPEAKER Spratt Gordon (TN) T. Higgins Minnick Hoekstra Scott (GA) PRO TEMPORE Hill Mitchell Stark Himes Mollohan Stupak ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore (Mr. Sutton Hinchey Moore (KS) The SPEAKER pro tempore (during JACKSON of Illinois). Without objection, Hinojosa Moore (WI) Tanner 5-minute voting will continue. Hirono Moran (VA) Taylor the vote). There are 2 minutes remain- Hodes Murphy (CT) Teague ing in this vote. There was no objection. Thompson (CA) Holden Murphy (NY) f Holt Murphy, Patrick Thompson (MS) b 1628 Honda Nadler (NY) Tierney EXPRESSING SYMPATHY TO THE Hoyer Napolitano Titus Mrs. KIRKPATRICK of Arizona and Inslee Neal (MA) Tonko Mr. WALZ changed their vote from PEOPLE OF POLAND Israel Nye Towns ‘‘aye’’ to ‘‘no.’’ The SPEAKER pro tempore. The un- Jackson (IL) Oberstar Tsongas Mr. FATTAH changed his vote from Jackson Lee Obey Van Hollen finished business is the vote on the mo- (TX) Olver Vela´ zquez ‘‘no’’ to ‘‘aye.’’ tion to suspend the rules and agree to Johnson (GA) Ortiz Visclosky So the motion was agreed to. the resolution, H. Res. 1246, on which Johnson, E. B. Owens Waters The result of the vote was announced the yeas and nays were ordered. Kagen Pallone Watson Kanjorski Pascrell Watt as above recorded. The Clerk read the title of the resolu- Kaptur Pastor (AZ) Waxman A motion to reconsider was laid on tion. Kennedy Payne Weiner the table. The SPEAKER pro tempore. The Kildee Perlmutter Wilson (OH) Stated against: Kilpatrick (MI) Perriello Woolsey question is on the motion offered by Kilroy Peters Wu Mr. LUCAS. Madam Speaker, on rollcall No. the gentleman from Massachusetts Kind Peterson Yarmuth 202, I was unavoidably detained. Had I been (Mr. DELAHUNT) that the House suspend present, I would have voted ‘‘no.’’ the rules and agree to the resolution, NOES—157 f H. Res. 1246. Aderholt Coffman (CO) Johnson, Sam This will be a 5-minute vote. Akin Cole Jones MOURNING THE LOSS OF PRESI- The vote was taken by electronic de- Alexander Crenshaw Jordan (OH) DENT OF POLAND AND OTHER Austria Culberson King (IA) vice, and there were—yeas 404, nays 0, MEMBERS OF THE POLISH DELE- Bachmann Davis (KY) King (NY) not voting 26, as follows: Bachus Diaz-Balart, M. Kingston GATION Bartlett Dreier Kirk [Roll No. 203] Barton (TX) Duncan Kirkpatrick (AZ) The SPEAKER. The Chair would ask YEAS—404 Biggert Ehlers Kline (MN) all present to rise for the purpose of a Ackerman Blackburn Cantor Bilirakis Emerson Lamborn moment of silence. Aderholt Blumenauer Cao Bishop (UT) Fallin Lance Adler (NJ) Blunt Capito Blackburn Flake LaTourette Mr. LIPINSKI. Madam Speaker, I ask Akin Boccieri Capps Blunt Fleming Latta unanimous consent to speak out of Alexander Bonner Capuano Boehner Forbes Lee (NY) order. Altmire Bono Mack Cardoza Bono Mack Fortenberry Lewis (CA) The SPEAKER. Without objection, Andrews Boozman Carnahan Boozman Foxx Linder Arcuri Boren Carney Boustany Franks (AZ) LoBiondo the gentleman from Illinois is recog- Austria Boswell Carson (IN) Brady (TX) Frelinghuysen Luetkemeyer nized for 1 minute. Baca Boucher Carter Broun (GA) Garrett (NJ) Lummis There was no objection. Bachmann Boustany Cassidy Brown (SC) Gerlach Lungren, Daniel Bachus Brady (PA) Castle Brown-Waite, Gingrey (GA) E. Mr. LIPINSKI. We have all heard of Baird Brady (TX) Castor (FL) Ginny Gohmert Mack the tragic events that occurred over Baldwin Braley (IA) Chaffetz Buchanan Goodlatte Manzullo the weekend in Russia where an official Barrow Bright Chandler Burgess Granger Marchant delegation from Poland, including Bartlett Broun (GA) Childers Burton (IN) Graves McCarthy (CA) Barton (TX) Brown (SC) Chu Buyer Griffith McClintock President Lech Kaczynski, the First Bean Brown, Corrine Clarke Calvert Guthrie McCotter Lady, and 94 others, were killed in a Becerra Brown-Waite, Clay Camp Hall (TX) McHenry plane crash. Berkley Ginny Cleaver Cantor Heller McKeon Berman Buchanan Clyburn Cao Hensarling McMorris This tragedy is made only more pain- Berry Burgess Coble Capito Herger Rodgers ful by the fact that they were traveling Biggert Burton (IN) Coffman (CO) Carter Hunter Mica to commemorate the Katyn massacre, Bilirakis Butterfield Cohen Cassidy Inglis Miller (FL) the 1940 murder of more than 20,000 Bishop (GA) Buyer Cole Castle Issa Miller (MI) Bishop (NY) Calvert Conaway Chaffetz Jenkins Miller, Gary Polish officers, intellectuals, and oth- Bishop (UT) Camp Connolly (VA) Coble Johnson (IL) Moran (KS) ers by the Soviet secret police.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2555 Conyers Jackson Lee Neal (MA) Tiahrt Vela´ zquez Westmoreland There was no objection. Cooper (TX) Neugebauer Tiberi Visclosky Whitfield Costa Jenkins Nunes Tierney Walden Wilson (OH) f Costello Johnson (IL) Nye Titus Walz Wilson (SC) Courtney Johnson, E. B. Oberstar Tonko Waters Wittman PERMISSION FOR MEMBER TO BE Crenshaw Johnson, Sam Obey Towns Watson Wolf CONSIDERED AS FIRST SPONSOR Crowley Jones Olson Tsongas Watt Woolsey Cuellar Jordan (OH) Olver Turner Waxman Wu OF H.R. 610 Culberson Kagen Ortiz Upton Weiner Yarmuth Mr. COHEN. Mr. Speaker, I ask unan- Van Hollen Welch Young (FL) Cummings Kanjorski Owens imous consent that I may hereafter be Dahlkemper Kaptur Pallone NOT VOTING—26 Davis (CA) Kennedy Pascrell considered to be the first sponsor of Davis (IL) Kildee Pastor (AZ) Barrett (SC) Johnson (GA) Schrader H.R. 610, a bill originally introduced by Davis (KY) Kilpatrick (MI) Paul Bilbray Lynch Scott (GA) Representative Wexler of Florida, for Boehner Meek (FL) Davis (TN) Kilroy Paulsen Sherman the purposes of adding cosponsors and DeFazio Kind Payne Boyd Myrick Terry DeGette King (IA) Pelosi Campbell Price (GA) Wamp requesting reprintings pursuant to Delahunt King (NY) Pence Davis (AL) Radanovich Wasserman clause 7 of rule XII. DeLauro Kingston Perlmutter Gallegly Richardson Schultz The SPEAKER pro tempore. Is there Dent Kirk Perriello Gonzalez Ruppersberger Young (AK) objection to the request of the gen- Diaz-Balart, L. Kirkpatrick (AZ) Peters Griffith San´ chez, Linda Diaz-Balart, M. Kissell Peterson Hoekstra T. tleman from Tennessee? There was no objection. Dicks Klein (FL) Petri ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dingell Kline (MN) Pingree (ME) Doggett Kosmas Pitts The SPEAKER pro tempore (during f Donnelly (IN) Kratovil Platts the vote). Two minutes remain in this Doyle Kucinich Poe (TX) vote. NOTICE OF INTENTION TO OFFER Dreier Lamborn Polis (CO) RESOLUTION RAISING A QUES- Driehaus Lance Pomeroy b 1648 TION OF THE PRIVILEGES OF Duncan Langevin Posey So (two-thirds being in the affirma- THE HOUSE Edwards (MD) Larsen (WA) Price (NC) tive) the rules were suspended and the Edwards (TX) Larson (CT) Putnam Mr. FLAKE. Mr. Speaker, pursuant Ehlers Latham Quigley resolution was agreed to. to clause 2(a)(1) of rule IX, I hereby no- The result of the vote was announced Ellison LaTourette Rahall tify the House of my intention to offer Ellsworth Latta Rangel as above recorded. Emerson Lee (CA) Rehberg A motion to reconsider was laid on a resolution as a question of the privi- Engel Lee (NY) Reichert the table. leges of the House. Eshoo Levin Reyes The form of my resolution is as fol- Etheridge Lewis (CA) Rodriguez f lows: Fallin Lewis (GA) Roe (TN) Farr Linder Rogers (AL) REPORT ON RESOLUTION PRO- Whereas, the Committee on Standards of Fattah Lipinski Rogers (KY) VIDING FOR CONSIDERATION OF Official Conduct initiated an investigation Filner LoBiondo Rogers (MI) H.R. 4715, CLEAN ESTUARIES ACT into allegations related to earmarks and Flake Loebsack Rohrabacher OF 2010, WAIVING REQUIREMENT campaign contributions in the Spring of 2009. Fleming Lofgren, Zoe Rooney OF CLAUSE 6(a) OF RULE XIII Whereas, on December 2, 2009, reports and Forbes Lowey Ros-Lehtinen findings in seven separate matters involving Fortenberry Lucas Roskam WITH RESPECT TO CONSIDER- the alleged connection between earmarks Foster Luetkemeyer Ross ATION OF CERTAIN RESOLU- and campaign contributions were forwarded Foxx Luja´ n Rothman (NJ) TIONS, AND PROVIDING FOR by the Office of Congressional Ethics to the Frank (MA) Lummis Roybal-Allard CONSIDERATION OF MOTIONS TO Standards Committee. Franks (AZ) Lungren, Daniel Royce Whereas, on February 26, 2010, the Stand- Frelinghuysen E. Rush SUSPEND THE RULES ards Committee made public its report on Fudge Mack Ryan (OH) Mr. MCGOVERN, from the Com- Garamendi Maffei Ryan (WI) the matter wherein the Committee found, Garrett (NJ) Maloney Salazar mittee on Rules, submitted a privi- though a widespread perception exists among Gerlach Manzullo Sanchez, Loretta leged report (Rept. No. 111–463) on the corporations and lobbyists that campaign Giffords Marchant Sarbanes resolution (H. Res. 1248) providing for contributions provide a greater chance of ob- Gingrey (GA) Markey (CO) Scalise consideration of the bill (H.R. 4715) to taining earmarks, there was no evidence Gohmert Markey (MA) Schakowsky amend the Federal Water Pollution that Members or their staff considered con- Goodlatte Marshall Schauer tributions when requesting earmarks. Gordon (TN) Matheson Schiff Control Act to reauthorize the Na- Whereas, the Committee indicated that, Granger Matsui Schmidt tional Estuary Program, and for other with respect to the matters forwarded by the Graves McCarthy (CA) Schock purposes, waiving a requirement of Grayson McCarthy (NY) Schwartz Office of Congressional Ethics, neither the Green, Al McCaul Scott (VA) clause 6(a) of rule XIII with respect to evidence cited in the OCE’s findings nor the Green, Gene McClintock Sensenbrenner consideration of certain resolutions re- evidence in the record before the Standards Grijalva McCollum Serrano ported from the Committee on Rules, Committee provided a substantial reason to Guthrie McCotter Sessions and providing for consideration of mo- believe that violations of applicable stand- Gutierrez McDermott Sestak ards of conduct occurred. Hall (NY) McGovern Shadegg tions to suspend the rules, which was Whereas, the Office of Congressional Eth- Hall (TX) McHenry Shea-Porter referred to the House Calendar and or- ics is prohibited from reviewing activities Halvorson McIntyre Shimkus dered to be printed. taking place prior to March of 2008 and lacks Hare McKeon Shuler Harman McMahon Shuster f the authority to subpoena witnesses and documents. Harper McMorris Simpson REMOVAL OF NAME OF MEMBER Hastings (FL) Rodgers Sires Whereas, for example, the Office of Con- Hastings (WA) McNerney Skelton AS COSPONSOR OF H. CON. RES. 49 gressional Ethics noted that in some in- Heinrich Meeks (NY) Slaughter Mr. BRADY of Pennsylvania. Mr. stances documents were redacted or specific Heller Melancon Smith (NE) Speaker, I ask unanimous consent to information was not provided and that, in at Hensarling Mica Smith (NJ) remove my name as a cosponsor of H. least one instance, they had reason to be- Herger Michaud Smith (TX) lieve a witness withheld information re- Herseth Sandlin Miller (FL) Smith (WA) Con. Res. 49. quested and did not identify what was being Higgins Miller (MI) Snyder The SPEAKER pro tempore. Is there withheld. Hill Miller (NC) Souder objection to the request of the gen- Himes Miller, Gary Space Whereas, the Office of Congressional Eth- Hinchey Miller, George Speier tleman from Pennsylvania? ics also noted that they were able to inter- Hinojosa Minnick Spratt There was no objection. view only six former employees of the PMA Hirono Mitchell Stark f Group, with many former employees refusing Hodes Mollohan Stearns to consent to interviews and the OCE unable Holden Moore (KS) Stupak REMOVAL OF NAME OF MEMBER to obtain evidence within PMA’s possession. Holt Moore (WI) Sullivan AS COSPONSOR OF H.R. 1549 Whereas, Roll Call noted that ‘‘the com- Honda Moran (KS) Sutton Ms. BERKLEY. Mr. Speaker, I ask mittee report was five pages long and in- Hoyer Moran (VA) Tanner cluded no documentation of any evidence Hunter Murphy (CT) Taylor unanimous consent to withdraw my co- collected or any interviews conducted by the Inglis Murphy (NY) Teague sponsorship from H.R. 1549. committee, beyond a statement that the in- Inslee Murphy, Patrick Thompson (CA) The SPEAKER pro tempore. Is there Israel Murphy, Tim Thompson (MS) vestigation ‘included extensive document re- Issa Nadler (NY) Thompson (PA) objection to the request of the gentle- views and interviews with numerous wit- Jackson (IL) Napolitano Thornberry woman from Nevada? nesses.’ ’’ (Roll Call, March 8, 2010)

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2556 CONGRESSIONAL RECORD — HOUSE April 14, 2010 Whereas, it is unclear whether the Stand- RESPONSIBLE USE OF THE note that the bill does not set a spe- ards Committee included in their investiga- AMERICAN TAX DOLLAR cific date for withdrawal. The bill tion any activities that occurred prior to would safeguard U.S. taxpayer dollars 2008. (Mrs. MILLER of Michigan asked and was given permission to address the by ensuring all U.S. activity in Afghan- Whereas, it is unclear whether the Stand- istan be overseen by the Inspector Gen- ards Committee interviewed any Members in House for 1 minute and to revise and the course of their investigation. extend her remarks.) eral. We must aggressively go after al Whereas, it is unclear whether the Stand- Mrs. MILLER of Michigan. Mr. ards Committee, in the course of their inves- Speaker, every American must file Qaeda and its allies wherever they are, tigation, initiated their own subpoenas or their income taxes by midnight tomor- but I am not convinced that a long- followed the Office of Congressional Ethics row, and they understand that the term occupation of Afghanistan in sup- recommendations to issue subpoenas. There- United States Congress determines how port of a corrupt, incompetent govern- fore be it: much of their hard-earned money is ment is in our best national security Resolved, That not later than seven days taken for Federal taxes and how it is interests. after the adoption of this resolution, the spent. I urge my colleagues to join us in Committee on Standards of Official Conduct this effort. shall report to the House of Representatives, Since the Democratic majority and with respect to the activities addressed in its the Obama administration have been in f report of February 26, 2010, (1) how many wit- charge of taxing the American people, NUCLEAR WEAPONS IN THE nesses were interviewed, (2) how many, if we’ve seen a massive increase in taxes HANDS OF TERRORISTS any, subpoenas were issued in the course of of $670 billion and counting. Here are (Mr. KIRK asked and was given per- their investigation, and (3) what documents just a few examples: mission to address the House for 1 were reviewed and their availability for pub- Taxes on American families and busi- lic review. minute.) nesses that don’t purchase govern- Mr. KIRK. Mr. Speaker, two Middle The SPEAKER pro tempore. Under ment-approved health care, taxes on Eastern newspapers reported today rule IX, a resolution offered from the medical devices, such as pacemakers that Syria has transferred scud mis- floor by a Member other than the ma- and artificial limbs, taxes on busi- siles to a terrorist group in Lebanon. jority leader or the minority leader as nesses that provide pharmaceutical This repeats actions by Iran and Syria a question of the privileges of the coverage for retirees, even taxes on in 2006 when they gave cruise missiles House has immediate precedence only those who go to tanning salons. to Hezbollah. It shows that the Syrians at a time designated by the Chair with- Yet, with all of these massive tax in- and Iranians have no wish to control in 2 legislative days after the resolu- creases, the Democratic and Obama their arsenals. They will transfer any tion is properly noticed. spending spree drove the Federal budg- weapon they own to terrorist groups. Pending that designation, the form of et deficit to over $1.4 trillion last year These reports tell us two things: the resolution noticed by the gen- and has driven it to nearly $1.6 trillion First, the U.N. army that we sent to tleman from Arizona will appear in the this year. To keep this spending spree Lebanon in 2006 is an utter failure that RECORD at this point. going, they will be looking for even makes no effort to stop the largest The Chair will not at this point de- higher taxes. Just recently, one of the missiles from deploying next to their termine whether the resolution con- President’s top economic advisers pro- very own U.N. camps. Second, it shows stitutes a question of privilege. That posed a European-style value added tax that, once Iran makes nuclear weap- determination will be made at the time that would hit every American, rich ons, it will transfer them to terrorists designated for consideration of the res- and poor. like Hezbollah and who knows who olution. Enough is enough. It is long past else. time that this Congress and this ad- f f ministration realized that we cannot tax and spend our way back to pros- THE IRANIAN NUCLEAR THREAT TAX DAY perity. How about a tax policy that we (Ms. BERKLEY asked and was given can believe in for a change? Let’s get permission to address the House for 1 (Ms. CHU asked and was given per- spending under control and reduce the minute and to revise and extend her re- mission to address the House for 1 tax burden on the American people. marks.) minute.) f Ms. BERKLEY. Mr. Speaker, I rise Ms. CHU. Mr. Speaker, Republicans today out of great concern about the want Americans to believe that they NATION-BUILDING HERE AT HOME Iranian nuclear threat. As dozens of are the party of tax cuts. Sure, they (Mr. MCGOVERN asked and was foreign leaders meet here in Wash- are—tax cuts for the rich. In these given permission to address the House ington to stop the spread of nuclear tough times, their brand of tax relief for 1 minute and to revise and extend weapons, I am deeply worried that we wouldn’t help Sue and John, working his remarks.) are allowing the greatest potential nu- parents who are raising three kids and Mr. MCGOVERN. Mr. Speaker, after 8 clear threat in the world to go un- who are trying to make ends meet. long years, hundreds of billions of dol- checked. Iran has repeatedly threat- Yet this Congress knows that Amer- lars of deficit spending and, most im- ened to wipe Israel off the map. They ica’s future can’t be based on huge tax portantly, thousands of our brave sol- have threatened to destabilize the en- cuts for the wealthy. We have to give diers killed or wounded, it is past time tire Middle East and, with that, the en- real tax relief to real working Ameri- to reexamine our strategy in Afghani- tire global community. cans, and that is just what we’ve done. stan. In his last visit to the United States, We’ve done it for 95 percent of working Instead of nation-building in Afghan- former Israeli Prime Minister Ariel families, saving them up to $800 a year. istan, I believe we should be doing Sharon said that a nuclear Iran ‘‘rep- We’ve done it by making it easier for some more nation-building here at resents as great a threat to the United young families to buy their first home. The American people deserve ac- States, to Europe and to the entire homes, saving up to $8,000, and we’ve countability in terms of how and when Middle East as it does to Israel.’’ done it by making it easier for parents our troops will be returned to their The rest of the world should not ex- to save up to $2,500 to pay for college. families and in terms of how taxpayer pect Israel to do its dirty work. I This Congress has passed 25 different dollars are being spent. agreed with that then. I agree with it tax cuts, saving American families Today, Congressman WALTER JONES now. over $800 billion, and more relief is on and I introduced legislation that would If we want to avoid a nuclear Iran— the way. require the President to provide a plan and I believe we must—and if we want The overheated rhetoric of the mi- and a timetable for drawing down our to ensure that Israel does not have to nority is not based on reality. By any forces in Afghanistan and to identify take matters into its own hands, we measure, taxes are lower today than any variables that could require must immediately enact strong, effec- they were under their leadership. changes to that timetable. I should tive economic sanctions that make it

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2557 clear to Iran that we will not tolerate Polish descent, including those in New Civil Rights Act, and 1965 Voting this pursuit of nuclear weapons. The York’s 21st Congressional District, and Rights Act. And then his untimely alternative is simply unthinkable. my very own family, to the President death in 1971 caused this young woman I look forward to passing a strong bi- and First Lady’s attendance at Presi- and young mother, the mother of partisan/bicameral sanctions bill so dent Kaczynski’s funeral this Sunday, Karen and Constance, to take up the that the President may sign this bill America stands next to Poland in helm of this great paper. This paper be- into law as soon as possible. mourning. The solidarity of the Polish came the third most read newspaper in f people in their grief and their quiet re- the southwest after two of our major solve to carry on is an inspiration to us papers in Houston, and this lady be- b 1700 all. My thoughts and prayers are with came the doll of all of us. Her name JOB LOSSES DUE TO HEALTH the families of those who were lost and clearly was a name that we favored. CARE BILL all those that they have led. Lenora ‘‘Doll’’ Carter was born in Ar- izona. But as her good friend John (Mr. DANIEL E. LUNGREN of Cali- f Smith said, Doll was not only a friend fornia asked and was given permission RENEGOTIATE NAFTA TRUCKING toward the advancement of African to address the House for 1 minute and PROVISION American achievement, overall she to revise and extend his remarks.) (Mr. DEFAZIO asked and was given personified distinctive grace, char- Mr. DANIEL E. LUNGREN of Cali- permission to address the House for 1 acter, and style as a champion for the fornia. Mr. Speaker, I just returned minute.) common good. She was also my friend. from my district, where I had an inter- Mr. DEFAZIO. The Obama adminis- She passed away this past Saturday. esting meeting with people rep- tration has steadfastly refused to con- We honor her, we salute her. She is a resenting one of my companies, that is test the improper and excessive tariffs great hero of America. one of the companies in my district of $2.4 billion levied by Mexico because Doll, we will miss you. May you rest that employs hundreds of people. Congress terminated the cross-border in peace. They told me that as a direct result trucking program due to serious safety f of the passage of the health care bill concerns. and the reconciliation package they There is no drug testing in Mexico. TAX BREAKS FOR MIDDLE CLASS have laid off 75 people. Hundreds of jobs There are no hours of service require- AMERICANS are in jeopardy. Why? Because they ments in Mexico. There are no mean- (Mr. BOCCIERI asked and was given happen to work for a company called ingful commercial driver’s licenses permission to address the House for 1 The Ed. Fund, a private sector firm issued in Mexico to know what the minute and to revise and extend his re- that facilitated the availability of col- record of these drivers are. Congress marks.) lege, yes, loans. Thirty-one thousand overwhelmingly voted to terminate Mr. BOCCIERI. Mr. Speaker, can you people in this industry are in jeopardy that program. imagine that the Democratic leader- of losing their jobs because we decided But it is rumored that next month ship in the United States Congress has we needed to nationalize that industry. when the President of Mexico comes to given the largest tax cut to middle It’s not only the wrongheaded ap- visit, the Obama administration is class America? Well, that is certainly proach to the health care problem, it’s going to open the border full bore to not the narrative that you hear out an anti-stimulus, anti-job bill. Sev- Mexican trucks, jeopardizing the safety there on the television shows and some enty-five jobs already lost in my dis- of the American public and jeopard- of the radio shows, but $288 billion in trict, hundreds in jeopardy, thousands izing millions of jobs in the trucking tax cuts for individuals and small busi- across this Nation. Thank you very industry. They say they have no alter- nesses delivered with the Recovery much, U.S. Congress. native, their hands are tied by NAFTA. Act. f Well, there is an alternative. And Nearly 40 percent of that tax package was tax relief to middle class families, SYMPATHY FOR THE PEOPLE OF today I was joined in a letter to the like the Making Work Pay Tax Credit, POLAND President by 78 Members of Congress, bipartisan, saying renegotiate that one $400 for a worker, $800 per couple. Two (Mr. TONKO asked and was given minor section of NAFTA that has trig- hundred sixty thousand families in the permission to address the House for 1 gered this dispute. Keep the current 16th District are already benefiting. minute and to revise and extend his re- system. Eight thousand dollar tax credit for marks.) The Mexican trucks bring the goods first-time homebuyers. Sixty thousand Mr. TONKO. Mr. Speaker, I rise to in 20 miles, they drop them, the U.S. people in Ohio filed, totaling some $402 express my deepest sympathy to the trucks pick them up and distribute million in tax credits. Expansion of the people of Poland in the wake of last them in the U.S. No U.S. company child tax credit. Up to $2,500 in tax sav- week’s tragic plane crash and to ex- wants to go into Mexico. And let’s keep ings for families sending their kids to press my support for the resolution by the Mexican companies out of the U.S. college. Two hundred sixty-four thou- the gentlelady from Pennsylvania that f sand Ohioans are benefiting. Five bil- we passed this afternoon. lion dollars to help businesses. Fifteen HONORING LENORA ‘‘DOLL’’ Polish President Lech Kaczynski, billion dollars to allow companies to CARTER along with his wife Maria, the First carry over their losses. Lady, military chiefs, civil leaders (Ms. JACKSON LEE of Texas asked This serves as a reminder that the re- from across the political spectrum, and and was given permission to address covery package is the single largest tax senior religious clergy perished in Sat- the House for 1 minute and to revise cut for American middle class families. urday’s crash on their way to Katyn, and extend her remarks.) Remember this tax day who was stand- Russia, to commemorate another great Ms. JACKSON LEE of Texas. Mr. ing with you. tragedy in Poland’s history. Speaker, it is not often that you come f At a time when global and domestic to the floor of the House with joy and strife dominate our consciousness, with sadness. And it is with both that TAXES AND THE ECONOMY these leaders were traveling in a his- I stand to honor a fallen friend, Lenora (Mr. BURTON of Indiana asked and toric effort to heal the deep wounds of ‘‘Doll’’ Carter, a champion of a woman, was given permission to address the the Katyn massacre in Polish and Rus- and of course someone who led in our House for 1 minute and to revise and sian history. These were men and community. extend his remarks.) women who stood up to tyranny and Doll Carter was the publisher of the Mr. BURTON of Indiana. You know, helped shape their nation’s democratic Forward Times newspaper in Houston, Mr. Speaker, I get a big kick out of my transformation, but this loss was not Texas. She and her husband Julius Democrat colleagues talking about Poland’s alone. founded that newspaper in 1960, report- how they are doing so much for the From the outpouring of support by ing on all of the civil rights matters, poor and underprivileged in this coun- our Nation’s 9 million Americans of the assassination of Dr. King, the 1964 try and giving all these tax cuts. The

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At age 89, the West Toledo woman still Mr. Volcker, who was in the Carter Ms. ROS-LEHTINEN. Mr. Speaker, I talks openly about the horrors of which hu- rise to honor the Miami Children’s Mu- manity is capable. administration and raised interest And yet. 1 seum as it celebrates its 25th anniver- rates to 21 ⁄2 percent that put this ‘‘I wish I had dementia,’’ she says, pleading country into a real economic spiral, he sary as an invaluable educational and in her Hungarian accent. ‘‘I don’t want to re- is now saying that we are going to need cultural center in my district in South member.’’ a VAT tax, a value-added tax of about Florida. I would like to recognize the Between 150,000 and 170,000 survivors of the 15 to 20 percent, which they are going museum’s stellar leadership team, in- Holocaust probably remain in this country, to probably try to push through after cluding its chairman, Jeff Berkowitz, according to the United States Holocaust and its executive director, Deborah Memorial Museum, and there are fewer than the election. And a VAT tax of 20 per- a dozen believed to live in the Toledo area. cent would mean if you buy a $10,000 Spiegelman. Since 1983, the Miami Children’s Mu- All face the same dilemma: How to balance car it is going to cost you $12,000 be- seum has fostered an environment for the responsibility of being the last living cause you have a $2,000 additional tax active learning and creative play for threads to the systematic killing of 6 million tacked on. Jews with the pain of memory. children of all ages. Thanks to the vi- Today is Yom HaShoah, or Holocaust Re- This is a tax and spend administra- sionary leadership of Jeff and Deborah, membrance Day. Now and in the days to tion. We have the biggest deficits in as well as the dedication of the muse- come people will gather at events to urge the the history of the United States. And um’s staff and volunteers, the facility world, ‘‘Never again! Never forget!’’ when I hear my colleagues talking is now one of the 10 largest children’s But Rena Mann won’t be among them. about all the good things they are museums in the United States. The The 83-year-old has never opened up to doing for America, I wish they would museum is also a leader in cutting-edge anyone—not her late husband nor her chil- look at the unemployment rate and children’s programming on topics such dren—about what she endured in two concentration camps during World War II. look at what people are taking out of as environmental conservation, green Maybe it’s because it hurts too much. Or their salaries and what this country is technologies, and financial literacy. maybe it’s because she’s afraid the world going through economically. It ain’t As a grandmother, I know firsthand doesn’t want to know. what they are saying. how important the Miami Children’s ‘‘Do people care?,’’ the Sylvania Township Museum is for parents and educators woman asked. ‘‘On the one hand I don’t want f seeking a safe and fun learning envi- it to be forgotten, and on the other hand I ronment for their children. I wish feel that people are really, in the future, not much success to the Miami Children’s going to care.’’ THE START TREATY AND Museum as it works toward the next 25 PAIN AND SUFFERING NUCLEAR POSTURE REVIEW years of service to our South Florida Born in Berlin, Mrs. Mann was 12 and liv- (Ms. LORETTA SANCHEZ of Cali- community. ing in Poland when the war began. After her fornia asked and was given permission mother died of blood poisoning and her step- f father was trapped in a newly formed ghetto, to address the House for 1 minute and HOLOCAUST REMEMBRANCE DAY she was sent to stay with family in another to revise and extend her remarks.) town. (Ms. KAPTUR asked and was given Ms. LORETTA SANCHEZ of Cali- This was no death camp, but already the permission to address the House for 1 terror had begun. She remembers being fornia. Mr. Speaker, I am here to rec- minute.) ognize the new START treaty that was awakened in the night and sent to the mar- Ms. KAPTUR. Mr. Speaker, our coun- ket to watch Jews being hanged. Their recently signed by President Obama try observed Yom HaShoah, or Holo- crime? Baking bread, which was forbidden. and the Russian President and the re- caust Remembrance Day, this past ‘‘As an example they were hung, and we all cently released 2010 Nuclear Posture Sunday, which recalls the global trag- had to watch it,’’ Mrs. Mann said. Review. edy of state-sponsored systemic annihi- Before she turned 14, Mrs. Maim was sent away to a factory and forced into slave I believe it is important to realize lation and persecution of European labor. It was hard work involving water and that the Cold War is over, and it is Jewry by Nazi Germany and its col- spools of flax that left her fingers and feet time to align our nuclear policy with laborators as well as millions more frostbitten. the new generation of security threats. deaths of people who were of Roma ex- Mostly what she remembers is the hunger. The biggest threat facing our country traction, the disabled, Slavic peoples, There was a bit of bread that was supposed today is having nuclear materials fall homosexuals, Jehovah’s Witnesses, and to last three days and some potato soup at into the hands of an organization potential dissidents. night that might not have any potato at all. ‘‘We got, like we used to say, too much to called al Qaeda. History has shown I would like to include in the RECORD an article from the Toledo Blade in our die from and too little to exist,’’ Mrs. Mann that building our nuclear stockpile has said. not deterred al Qaeda and other actors district, a front-page story last Sunday Two years later she moved to another from trying to gain nuclear capabili- entitled ‘‘Survivors Urge World to camp, where she slept in an abandoned fac- ties. Never Forget Horror,’’ which recounts tory with broken windows, no water or pri- the story of some of the heroic sur- vacy, and vicious guards who would kick and What we do need to do is to take vivors in our district in Ohio. push. A Polish song written by her smart steps to prevent the spread of In our country, 150,000 to 170,000 sur- girlfriends still resounds in her head. It con- nuclear weapons to those enemies and vivors remain today. The horror of the cludes: secure vulnerable nuclear materials Holocaust has affected countless souls Who knows if I’ll ever see / My mother’s from those who want to get their hands across this globe. Our district is home tender home. / This is a song of despair, / Of Jewish pain and suffering. on that to do us harm. I believe the to persevering survivors like Mrs. new START treaty and the 2010 Nu- ‘‘That song is always with me and I don’t Clara Rona, whose words I will place in want to take it with me to my grave,’’ Mrs. clear Posture Review are important the RECORD today, and so many others Mann said. steps in the right direction. who never should have had to make She never talked about the four years she It is also important to note that this sacrifice, but she remains a woman spent in camps before being liberated in 1945. America still has a very robust nuclear of hope. No one really asked. ‘‘I am actually a coward,’’ she said. ‘‘It’s arsenal, and that as we work towards a [From toledoblade.com, Apr. 11, 2010] true. Because I am pushing it away, or have nuclear-free world we will not take any SURVIVORS URGE WORLD TO NEVER FORGET been pushing it away.’’ action that would put our security at (By Ryan E. Smith) Maybe now, though, after all these years, risk. Our country will be more, not less Living through the Holocaust was one the pain is far enough behind her that she secure from these new initiatives. thing. Remembering it is another. can let it out.

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EYEWITNESSES sacks of cement while surviving on bits of immediately sent to the crematorium—re- Mrs. Mann isn’t alone in her hesitation, ac- bread actually seemed like a reprieve. calls a trinity of terror: the German guard cording to Arthur Berger, senior adviser at ‘‘At least death wasn’t surrounding us,’’ who stood threatening with a rifle butt, the the United States Holocaust Memorial Mu- Dr. Wajskol said. ‘‘We knew they needed us. civilian supervisor with a whip, and the fel- seum in Washington. But as survivors con- We were productive for them.’’ low inmate in charge of the group armed tinue to die at a rapid rate, it becomes more To keep himself going, Dr. Wajskol imag- with a stick. and more crucial to record their stories—in ined that there would be an end to all of this ‘‘Everybody was yelling ‘Arbeit! Arbeit!’ print or on video but also in person, he said. one day, that he could go back to school, Work! Work! Work! If you stop for a while to ‘‘Nothing compares to a real person telling that he would see his mother and sister take a breath, one of those three objects will you about their own lives,’’ Mr. Berger said. again. His sister managed to survive but had come over your head.’’ ‘‘No one can replace the survivors. No one, to watch her mother be sent to the gas It was not sustainable and his father even- can replace the eyewitnesses to history.’’ chamber. tually succumbed while moving to another Rolf Hess, 75, of Holland was one of those This continued for 10 months until he was camp. It was just a week before the group eyewitnesses, but he never spoke of what evacuated to the Buchenwald concentration was liberated. happened during the war until last year camp due to the Soviet advance. After spend- ‘‘My father was weak, could not walk. I when a granddaughter interviewed him for a ing five days locked up in a crowded cattle tried to get him with my shoulders but the school project about his experience as an im- car with no food or water, where he had no German guard said ‘No, you can’t do that be- migrant. choice but to sit on a dead body, he was re- cause after a while then you’ll be weak,’ ’’ ‘‘That sort of opened up a can of worms on leased to something even more frightening: Mr. Negrin said. ‘‘I left him in the side of the street. I my part,’’ he said. ‘‘It has been in the past, SS guards with skulls on their caps, terri- kissed him good-bye, and that’s the last time and it still is, a very difficult thing.’’ fying German shepherds, and the skeletal I saw him.’’ The native of Germany was not even 5 faces of the prisoners. years old when the Nazis invaded Poland in ‘‘It looked like a nightmare,’’ he said. ‘HE NEVER TALKS ABOUT IT’ 1939. Yet he has vivid, emotional memories Here he learned the pain of standing for Norman Gudelman, 78, went about sharing of being separated from his mother after hours in the penetrating cold of winter with- his story in another way. He wrote it down. they were taken to a camp and split up from out socks or underwear. In a subcamp where It took more than six decades and some his father. his first job was to even out rocks for a prodding from his wife, but he finally took ‘‘We were at a train station, just my moth- steam roller, he came to understand the Nazi his suffering and made it tangible. The result er and I,’’ he said, voice cracking. ‘‘That I re- goal of ‘‘annihilation through work.’’ is a sprawling letter to his children on the member. And she gave me a little book that Before long, he was on the move again, this occasion of his 75th birthday. It covers ev- I still have with some pertinent information, time on foot to escape the approaching erything from his youth in modern-day with my birth date.’’ Americans. Moldova to his escape to Palestine after the To this day he doesn’t know what hap- ‘‘This was a real, real death march,’’ Dr. war to his arrival in America. pened to his family. All he remembers is Wajskol said. Mr. Gudelman of Sylvania Township re- rummaging through garbage at a children’s They marched through patches of snow members being carefree as a youth, despite camp looking for food and being scared to from dawn until the evening, always under the anti-Semitism that was prevalent around death, even after escaping to America in 1942 the watchful eye of the SS, who were ready him. His restaurant-owning parents shielded with other children as a refugee. to shoot the slow or weak. Still, Dr. Wajskol him from the world’s hate, at least until the ‘‘I can remember in Cleveland where I was and a friend managed to escape, dashing into Soviets arrived in 1940, arresting and exe- out in the backyard and I heard an airplane the forest and running until they were out of cuting Jews and banishing others to Siberia. and I scurried underneath a bench for protec- breath. When Romanian forces returned in 1941 tion,’’ he said. Dr. Wajskol will never forget how he felt with the Germans, things were no better. Only recently has he started investigating once the war was over. ‘‘Romanian soldiers came to our house, 1 and ordered all the Jews out,’’ Mr. Gudelman his own past to fill in the gaps of his mem- ‘‘Feeling free after 5 ⁄2 years of slavery, ory. playing with death constantly, I can’t de- wrote in his letter. ‘‘Start walking. Leave ‘‘I finally have come to grips with the scribe it with normal language,’’ he said. the home, the business, our possessions and whole situation,’’ he said. But he tries. He has told his story to high go.’’ school students and traveled to his old home He was 10 years old then. Today, Mr. ‘DYING IN SLOW MOTION’ in Poland with his wife and son. Gudelman is happy to talk about his experi- For Dr. Aron Wajskol, 85, of West Toledo, ‘‘In the beginning it was very hard to re- ence during the war, but there’s a sense he’d the question has never been whether to share vive all these things,’’ he said. ‘‘[But] I prefer to defer to his written statement than his horrible story—the way his starving fa- strongly believe that it’s important to talk relive—yet again—what happened in too ther died in a ghetto, how his mother per- about it, make people aware of it, because of much detail. ished at the death camp Auschwitz, how he the enormity of what happened.’’ ‘‘He never talks about it,’’ said his wife, nearly succumbed to the bone-crushing work Fanny. ‘‘I don’t ask questions. I want it [to] of concentration camps. TRINITY OF TERROR come from him.’’ For him, the question was how. How do As director of the Ruth Fajerman When he does speak, Mr. Gudelman can tell you make someone understand what it was Markowicz Holocaust Resource Center of you about how the group marched endlessly like? Greater Toledo, Hindea Markowicz knows from one camp to another, begging for food ‘‘Its like describing being on the moon,’’ about the importance of preserving this his- when there was a chance to slip away. In the the retired anesthesiologist said. ‘‘Hearing tory. As the daughter-in-law of Holocaust camps, they crowded into windowless rooms about the facts and truly understanding the survivors, she feels it too. and slept on cement floors. facts are different things.’’ ‘‘I have worries because history in the ‘‘They wanted to get rid of us,’’ he said. The son of a textile factory worker in cen- schools is being taught so differently,’’ she It worked. He and his sister were orphaned tral Poland, Dr. Wajskol remembers the re- said. ‘‘It’s lucky if they have a paragraph in- within a year or two strictions that went into effect within days cluded in the history books.’’ That may be what saved them. When the of Germany invading his country. His fa- The resource center, housed in the offices Soviets returned and chased the German and ther’s job was taken away. His school was of the United Jewish Council of Greater To- Romanian armies out, orphans were sent to closed. Jews were forbidden from using pub- ledo in Sylvania, on the other hand, features ghettos to stay with Jewish families, Mr. lic transportation and forced to wear Stars hundreds of books and other educational ma- Gudelman said. From there, he eventually of David to distinguish them from non-Jews. terials. There are videos of local survivors made his way to the future state of Israel. ‘‘Many families who could afford [to] fled and a book written by her father-in-law, Thanks to a relative in Toledo, Mr. Europe,’’ Dr. Wajskol said. ‘‘Mine couldn’t.’’ Philip Markowicz, called My Three Lives, Gudelman ultimately came here and became Within months, the city’s Jewish popu- which includes his experiences during the president of State Paper & Metal Co., Inc. lation was forced out of its homes and Holocaust. He decided to write all this down for pos- squeezed into a tiny ghetto. It had no sewer It’s one thing to read about these events in terity, he said, because, ‘‘sooner or later I’m system and little running water. People were books, quite another to hear about them going to forget, or sooner or later I’m going dying in the streets of starvation—Dr. from someone in person. That’s why Mr. to pass away.’’ Wajskol calls it ‘‘dying in slow motion’’—and Markowicz, 86, of Sylvania has told his tale His letter’s massage is simple: ‘‘Maybe in corpses went unburied for days. and why Sylvania Township resident Al your lifetime you will read books about the ‘‘Even in death it was suffering,’’ said Dr. Negrin speaks to students in Florida, where unbelievable cruelty of those times. Believe Wajskol, who was 17 at the time. he spends the winter. them.’’ His father was among those wasting away, ‘‘I talk because I want people to know FINDING HOPE and he eventually died of tuberculosis. what was going on, so they have a chance, if Then there’s Mrs. Rona, who insists on All the while, Jew were rounded up and de- something happens again, to prevent it,’’ picking away at the scabs of the past. ported. At first for work, later for extermi- said the 86-year-old from Greece. ‘‘I want to remind myself,’’ she said. ‘‘They nation. When Dr. Wajskol was taken to a Mr. Negrin—whose mother, brother, and say I’m a masochist—my friends, my psy- labor camp in 1944, hauling around 110-pound sister went with him to Auschwitz but were chologist.’’

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2560 CONGRESSIONAL RECORD — HOUSE April 14, 2010 Her reminiscences rarely come without a Mr. CULBERSON. Mr. Speaker, the ally succeed. Canceling NASA’s human space few tears, but maybe it’s for the best. Democrat Congress and this President operations, after 50 years of unparalleled ‘‘When I’m crying, really it’s good for me,’’ have presided over the biggest spending achievement, makes that objective impos- she said. increases in American history, created sible. The only child of a butcher in Pecs, Hun- One of the greatest fears of any generation gary, Mrs. Rona wanted to be an art teacher, more debt than any Congress in the is not leaving things better for the young but those plans were scuttled when the Ger- history of the United States, and people of the next. In the area of human mans invaded. Her family was relocated from passed unprecedented tax increases, so space flight, we are about to realize that its large house, and at one point they were it’s not credible to claim they’re cut- fear; your NASA budget proposal raises more living in a stable. Later they were among ting taxes. questions about our future in space than it those taken to Auschwitz, 80 people squeezed And there’s near unanimous opposi- answers. into each rail car. tion in this Congress to the President’s Too many men and women have worked Mrs. Rona was 23—tough, young, and proposal to cancel America’s manned too hard and sacrificed too much to achieve America’s preeminence in space, only to see strong—but also naive. All she brought was a space program. What the President’s change of clothes and a bottle of cologne, that effort needlessly thrown away. We urge which she used to wash her mother when she proposing would be like privatizing the you to demonstrate the vision and deter- fainted. Mrs. Rona still regrets that she United States Navy. mination necessary to keep our nation at the never traded the latter for water despite her Imagine if America had to call up a forefront of human space exploration with mother’s pleas. private contractor and ask if we could ambitious goals and the proper resources to ‘‘I feel guilty,’’ she said. ‘‘I cannot forgive rent the aircraft carrier Harry Truman see them through. This is not the time to myself.’’ to go to the Red Sea for a week. That’s abandon the promise of the space frontier for It was night when they arrived and they what the President’s proposing on the a lack of will or an unwillingness to pay the were divided into two lines. Her mother and manned space program. That’s why price. aunt went to the left—‘‘straight to the gas,’’ Sincerely, in hopes of continued American there’s unanimous opposition. leadership in human space exploration. Mrs. Rona said. Her father was transferred to And, Mr. Speaker, 27 astronauts and another concentration camp and later died. Walter Cunningham, Apollo 7; Chris Mrs. Rona divided her time between sev- NASA leaders have joined together in a Kraft, Past Director JSC; Jack Lousma, eral camps and remembers it as a dazed expe- magnificent letter they published in Skylab 3, STS3; Vance Brand, Apollo- rience. the Orlando Sentinel on Sunday, that Soyuz, STS–5, STS–41B, STS–35; Bob ‘‘You think about food, but nothing else. strongly urges the Congress to drop Crippen, STS–1, STS–7, STS–41C, STS– You become like an animal,’’ she said. ‘‘One this misguided proposal that forces 41G, Past Director KSC; Michael D. Grif- spoon of soup means one day’s survival. NASA out of human space operations fin, Past NASA Administrator; Ed Gib- ‘‘There was electric wire. Some people ran son, Skylab 4; Jim Kennedy, Past Direc- for the foreseeable future. They said, tor KSC; Alan Bean, Apollo 12, Skylab 3; into it because they couldn’t take it and Canceling NASA’s human space oper- they got killed,’’ she continued. Alfred M. Worden, Apollo 15; Scott Car- Mrs. Rona, who found out after the war ations, after 50 years of unparalleled penter, Mercury Astronaut; Glynn that she could not bear children, is certain achievement, makes America mediocre Lunney, Gemini-Apollo Flight Director; that it is the result of her treatment during and will eliminate our leadership in Jim McDivitt, Gemini 4, Apollo 9, Apollo the war. None of the women in the camp space. Spacecraft Program Manager; Gene Kranz, Gemini-Apollo Flight Director, menstruated, she said. [From the Orlando Sentinel, Apr. 11, 2010] When one woman gave birth to a child in Past Director NASA Mission Ops.; Joe DEAR PRESIDENT OBAMA: America is faced the camp, Mrs. Rona said she was forced to Kerwin, Skylab 2; Fred Haise, Apollo 13, with the near-simultaneous ending of the be present as it was put in a toilet by fellow Shuttle Landing Tests; Gerald Carr, Shuttle program and your recent budget pro- prisoners. Otherwise, both the mother and Skylab 4; Jim Lovell, Gemini 7, Gemini posal to cancel the Constellation program. baby would have been executed, she said. 12, Apollo 8, Apollo 13; Jake Garn, STS– This is wrong for our country for many rea- When the camp was evacuated in April, 51D, U.S. Senator; Charlie Duke, Apollo sons. We are very concerned about America 1945, as the end of the war approached, Mrs. 16; Bruce McCandless, STS–41B, STS–31; ceding its hard earned global leadership in Rona said she was in no shape for walking. Frank Borman, Gemini 7, Apollo 8; Paul space technology to other nations. We are Desperate, she and another woman hid in the Weitz, Skylab 2, STS–6; George Mueller, stunned that, in a time of economic crisis, rain under some bushes and simply waited Past Associate Administrator For Manned this move will force as many as 30,000 irre- for the group to head off before dawn. Space Flight; Harrison Schmitt, Apollo placeable engineers and managers out of the When she finally made her way to safety in 17, U.S. Senator; Gene Cernan, Gemini 9, space industry. We see our human explo- Prague, Mrs. Rona estimates that she Apollo 10, Apollo 17; Dick Gordon, Gem- ration program, one of the most inspira- weighed about 50 pounds. She went back ini 11, Apollo 12. tional tools to promote science, technology, home hoping to find her father, but he was engineering and math to our young people, f gone forever—along with more than 50 other being reduced to mediocrity. NASA’s human family members. Only three cousins sur- SPECIAL ORDERS space program has inspired awe and wonder vived. in all ages by pursuing the American tradi- The SPEAKER pro tempore (Mr. ‘‘I was so angry,’’ she said. ‘‘Still the ´ tion of exploring the unknown. LUJAN). Under the Speaker’s an- anger, it’s burned me.’’ We strongly urge you to drop this mis- nounced policy of January 6, 2009, and Even as she left for Palestine and made her guided proposal that forces NASA out of under a previous order of the House, way to Toledo, where she worked with chil- human space operations for the foreseeable dren at the Jewish Community Center of the following Members will be recog- future. nized for 5 minutes each. Greater Toledo, that anger never left. For those of us who have accepted the risk How could it when there were mass and dedicated a portion of our lives to the f killings in the former Yugoslavia? Rwanda? exploration of outer space, this is a terrible The SPEAKER pro tempore. Under a Darfur? decision. Our experiences were made possible previous order of the House, the gen- ‘‘I thought after, when we got freed, the by the efforts of thousands who were simi- tleman from Texas (Mr. POE) is recog- world will be so beautiful. They’ll learn,’’ she larly dedicated to the exploration of the last nized for 5 minutes. said. ‘‘They didn’t because it’s repeating the frontier. Success in this great national ad- same things somewhere else in a different (Mr. POE of Texas addressed the venture was predicated on well defined pro- House. His remarks will appear here- way.’’ grams, an unwavering national commitment, And yet. and an ambitious challenge. We understand after in the Extensions of Remarks.) Mrs. Rona still speaks, making public her there are risks involved in human space f private hell. She does this because 65 years flight, but they are calculated risks for wor- after the Holocaust she still has something RECOGNIZING THE JAY I. KISLAK thy goals, whose benefits greatly exceed COLLECTION AND LECTURE SE- that can offset the pain: those risks. Hope. America’s greatness lies in her people: she RIES f will always have men and women willing to The SPEAKER pro tempore. Under a ride rockets into the heavens. America’s previous order of the House, the gentle- DO NOT CANCEL AMERICA’S challenge is to match their bravery and ac- woman from Florida (Ms. ROS- MANNED SPACE PROGRAM ceptance of risk with specific plans and goals worthy of their commitment. NASA must LEHTINEN) is recognized for 5 minutes. (Mr. CULBERSON asked and was continue at the frontiers of human space ex- Ms. ROS-LEHTINEN. Mr. Speaker, I given permission to address the House ploration in order to develop the technology rise tonight to acknowledge the con- for 1 minute and to revise and extend and set the standards of excellence that will tributions of a humanitarian and phi- his remarks.) enable commercial space ventures to eventu- lanthropist from my area of South

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2561 Florida, Mr. Jay Kislak. A Florida resi- In support of this collection, the li- blank check to wage war anytime, any- dent for over half a century, Jay is brary now hosts an ongoing lecture se- where, and for any length. That was a known to be one of the State’s leading ries, program of exhibitions, research, resolution that really authorized wars citizens, with an outstanding record of and public education programs named without end. H.R. 5015 provides the charitable projects and personal after Jay Kislak. And this week the President and the Congress the oppor- achievements. Jay Kislak Foundation held one of its tunity now to change the trajectory of Jay’s involvement in our community annual lectures right here in Wash- United States foreign policy from one has included leadership roles in organi- ington at the Library. The event in- of open-ended military conflict towards zations like the Florida Council of 100, cluded historian Jonathan Spence, one a strategy which counters terrorism the Florida Historical Society, the His- of the foremost experts on modern and extremism around the globe in a torical Association of Southern Flor- China and the Sterling Professor of sustainable and more effective manner. ida, Mortgage Bankers Association of History, Emeritus, at Yale University. I continue to believe United States America, the University of Miami, the Jay’s philanthropy continues to as- economic and national security as well Greater Miami Jewish Federation, tound in its breadth and its scope. as our values are undermined by a mili- Miami Dade’s Arts in Public Places Through Jay’s substantial contribu- tary first strategy that many of us fear Trust, Mount Sinai Medical Center, tion, countless generations will be able may lead us down a path of unending and the American Red Cross, among so to view a window into our past as war in Afghanistan. many others. Americans and as Floridians. In September, 2009, General Jay’s participation in our commu- Jay, thank you for all that you have McCrystal stated very clearly, ‘‘If the nity is only matched by his involve- done and will continue to do on behalf people are against us, we cannot be ment in the preservation of Florida’s of our Nation and our home commu- successful. If the people view us as oc- dynamic history. Over the years, and nity. Thanks from a grateful Nation. cupiers and the enemy, we can’t be suc- together with his wife Jean, Jay has cessful.’’ f Top military officials and experts collected countless rare books, maps, The SPEAKER pro tempore. Under a agree that winning the hearts and and art that capture the history and previous order of the House, the gen- minds of the Afghan people should be the culture of Florida, focusing espe- tleman from Missouri (Mr. SKELTON) is the focal point of the United States cially on the early years of European recognized for 5 minutes. mission in Afghanistan. Yet I remain exploration. (Mr. SKELTON addressed the House. convinced that this will not be accom- Jay’s collection is certainly one of His remarks will appear hereafter in plished at the barrel of a gun. With the most comprehensive in the Nation. the Extensions of Remarks.) every death, with each increase in In 2004, Jay made an extraordinary gift f troop deployment, and with every addi- to our country. He donated more than tional military contractor airlifted 3,000 of these rare books, manuscripts, AFGHANISTAN into Afghanistan, we provide a rallying and other objects to our Library of point for al Qaeda, whose propaganda Congress. Known as ‘‘Exploring the The SPEAKER pro tempore. Under a previous order of the House, the gentle- depends on the perception that Amer- Early Americas’’, this collection is now ica’s aim is foreign occupation. on display in the library’s historic woman from California (Ms. LEE) is recognized for 5 minutes. It is our stated policy, and President Thomas Jefferson building right across Obama has said this many times, the the street from us. Ms. LEE of California. Mr. Speaker, I join with several of my colleagues United States does not seek a perma- b 1715 today as an original cosponsor in the nent military presence in Afghanistan, Pakistan, Yemen, Somalia, or else- This gift is one of the most signifi- introduction of H.R. 5015, legislation where. We have already sent more than cant gifts ever received by the Library that would require the President to $1 trillion to the Pentagon for the on- of Congress. submit to Congress a plan and a going wars in Afghanistan and Iraq, To give a sense of the extent of this timeline for the safe, orderly, and expe- and the administration has yet to pro- collection, let me just name a few of ditious deployment of United States vide an estimate for the long-term the major pieces: Armed Forces from Afghanistan, in- costs of the United States military op- A vast collection of Mayan cultural cluding military and security-related contractors. erations in Afghanistan. and religious works and carvings. It has been estimated that roughly This legislation would also imple- The first printed nautical map of the one-third, mind you, one-third of every ment greater oversight and planning entire world, the Carta Marina from tax dollar paid by the American people the year 1516. measures to reduce our reliance on in 2009 went to the Pentagon and mili- A 1524 map on which Florida is first contractors in Afghanistan and to curb tary related expenditures. The fact is named. waste, fraud, and abuse in contracting we cannot even begin to talk about re- Original documents signed by the practices which continues to breed cor- ducing the budget deficit without talk- famed explorers Cortes, Pizarro, and ruption at the expense of the Afghan ing about reducing our military spend- Las Casas. people. ing, and this legislation sets us down From 1598, the first atlas to include I would like to thank Representa- that path by ending a policy of open- Florida. tives MCGOVERN, JONES, and Senator ended war in Afghanistan that has ulti- The journal of Cabeza de Vaca in FEINGOLD for their leadership and for mately made America less safe. which he narrates his wanderings their hard work and collaboration on I have been clear in my conviction across Florida and the Southeast after this very vital legislation. that the situation in Afghanistan will his shipwreck off the coast of the Also, I would like to commend Con- not be resolved with a military solu- present-day St. Petersburg. gresswoman WOOLSEY for her stand and tion, and I think many agree with that. Also, the 1589 hand-colored engraving her work for global peace and security. That’s why last October I introduced by Baptista Boazio of St. Augustine, Tonight I understand is her 350th time H.R. 3699, which would prohibit any Florida, the earliest engraving of any coming to this floor sounding the funding for increasing troop levels in locality in the U.S. alarm against these wars, and I would Afghanistan beyond current levels. Also, one of George Washington’s just like to congratulate her for her As a member of the Appropriations personal journals from his time spent steadfastness. She actually introduced Committee and as Congress considers at Mount Vernon. the very first resolution calling for the the President’s $33 billion supple- And letters from John Quincy Adams redeployment of our young men and mental funding request for operations and James Monroe pertaining to the women out of Iraq. in Iraq, Afghanistan, and Pakistan, I purchase of Florida and to the foreign It has been nearly a decade now since will be working to ensure that Con- policy of the United States. I voted against the authorization for gress is provided an opportunity to go Mr. Speaker, these are just some of the use of force, and this was on Sep- on record regarding this grim prospect, the major items that are in Jay’s im- tember 14, 2001. This was an authoriza- mind you, of continued military esca- pressive collection. tion, mind you, that I knew then was a lation. Rather than increasing our

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2562 CONGRESSIONAL RECORD — HOUSE April 14, 2010 military footprint in Afghanistan, set- Incidentally, I would just like to say FOR THE 350TH TIME . . . BRING ting a timeline for the redeployment of that all the great programs and plans OUR TROOPS HOME our troops and military contractors is that the Obama administration had The SPEAKER pro tempore. Under a the single greatest step we can take to was supposed to keep unemployment previous order of the House, the gentle- empower the Afghan people and their below 8 percent, and it’s still around woman from California (Ms. WOOLSEY) government while stripping al Qaeda of 91⁄2 to 10 percent and there is no indica- is recognized for 5 minutes. our indefinite foreign military pres- tion it is going to go down. Ms. WOOLSEY. Mr. Speaker, on ence used to justify the insurgency and But, anyhow, the Economic Sta- April 20, 2004, I rose in this Chamber to the acts of international terrorism. bilization Act, which part of it was this say that we needed a new approach to So I hope we pass this legislation. It year and part of it was last year, in national security. To say for the very puts us on the right path to getting out 2008, so we can’t blame all of that on first time before any other Member of of Afghanistan and to ensuring our na- Obama, but the TARP bailout was $700 Congress was brave enough to say it tional security. billion. that it was time to bring our troops f And then in January we had $73.3 bil- home from Iraq. SPENDING SINCE TARP lion in the State Children’s Health In- b 1730 The SPEAKER pro tempore. Under a surance reauthorization, a worthy program, but it costs a lot of money. I have continued to speak out almost previous order of the House, the gen- every night that the House is in ses- tleman from Indiana (Mr. BURTON) is The stimulus bill was $1.16 trillion sion, but I never imagined that almost recognized for 5 minutes. when you add in the interest, money 6 years later I would be here to talk Mr. BURTON of Indiana. I was in my we don’t have. about Iraq and about Afghanistan for office today, Mr. Speaker, and I was In February, we had the omnibus the 350th time. But that’s what I’m watching the Joint Economic Com- spending bill, which was $625 billion doing today, and it’s because our serv- mittee. And one of my colleagues on when you add in interest. ice men and women are still in harm’s the other side of the aisle was talking In June, $105.9 billion in the supple- way in both Iraq and Afghanistan on about how one of his companies had 300 mental. missions that violate core American employees that were in entry level po- Last year we had the consolidated values and undermine American secu- sitions and they were getting minimum appropriations mini omnibus bill of rity. wage and the employer was telling him $3.55 trillion, again money we don’t We have come a long way in building how they were going to have to lay a have. a movement across this country that lot of them off because of the inability opposes these military conflicts, but of them to get loans and for other rea- And then in March of this year, we still our leaders stubbornly cling to a sons. had the health care bill, which was es- The reason I came down to talk timated to cost, if you talk about 10 disastrous policy. about this is because there is no ques- years of taxes and 10 years of coverage, What we’re doing in Iraq and Afghan- tion that if we have a tight money pol- about $3 trillion or $2.5 to $3 trillion. istan is disgraceful. It is a stain on our icy that it’s going to affect small busi- You load all this on the back of small Nation. It will someday be remembered nesses. In addition to that, when we business, and there’s no way that you as a shameful episode in American his- load additional regulations and costs can continue to keep everybody em- tory. Seven years ago, Mr. Speaker, in fact onto small businesses, it’s going to ployed. You’re going to tax them. cause them problems and they are it was 7 years ago this week, Baghdad Mr. WAXMAN, the chairman of the fell. Remember? That was the moment going to have to lay people off. Commerce Committee, is bringing be- I was reading in the paper this week when Iraqis were supposed to throw fore his committee the CEOs of AT&T, flowers and weep with gratitude that the new health care bill is going to cost Deere & Company, Caterpillar, because AT&T $1 billion. They are going to we had invaded their country. he says they really shouldn’t be telling But how did Iraqis recognize the have to take that out of their bottom people these things because these line. It’s going to cost the John Deere sixth anniversary of their so-called lib- aren’t accurate figures. Well, they are eration? With massive, colorful pro- & Company $150 million; Caterpillar, accurate figures: the $1 billion it is $100 million; Minnesota Mining and tests against the continued presence of going to cost AT&T, the $150 million it American troops; protests that brought Manufacturing, $90 million; AK Steel, is going to cost John Deere & Com- $31 million; Valero Energy, $20 million. Shia and Sunni together; protests orga- pany, the $100 million it is going to nized around the very idea that na- All of these companies are going to pay cost Caterpillar, and on and on. They for that, and they are either going to tional unity against the U.S. occupa- have to report that by law, and because tion is stronger than Iraqi sectarian di- have to take it out of their profits or they have reported it, Mr. WAXMAN they are going to have to take it out of vides that are centuries old; protests wants them to come before the com- that included the trampling of Amer- the hides of their employees by letting mittee to try to make them look like some of them go or they will have to ican flags; protests, in one case at they are blowing these figures up. The least, that featured the burning in ef- send some of their operations offshore. fact of the matter is business and in- As long as we have more government figy of President Obama and Vice dustry in this country is suffering and and more government programs, it’s President BIDEN. because of that we’re going to see more going to cost jobs. Because somebody Meanwhile, one of the big develop- unemployment. has to pay for those. The money ments out of Afghanistan this week is doesn’t come out of the sky. So if an Now, you add to that by the end of the death of several civilian bus pas- employer gets a regulation that costs this year the tax cuts that were put in sengers at the hands of American gun- him money, if an employer is taxed and by the previous administration are fire near Kandahar. This tragedy comes it’s going to cost him money, then he going to expire, and the President has at the very moment and in the very re- has to find someplace to get that said he’s going to let them expire, gion where U.S. forces are prepared to money in order to have a bottom-line which means those tax cuts are not launch a major offensive. The push to profit, unless you believe the govern- going to be there. So that again will, in defeat militants in Kandahar will re- ment should run everything and we effect, be a tax increase. And then you quire strong support from the civilian should have socialism in this country add to that Mr. Volker, as I said in my population, but instead, this incident or a socialized economy. And some peo- previous 1 minute, is talking about a has people taking to the streets shout- ple think that’s where we are headed, value-added tax of about 15 to 20 per- ing ‘‘Death to America’’ and ‘‘Death to and I think that is very unfortunate. cent. That’s going to be a terrible Infidels.’’ But let’s just take a look at some of thing for the economy and for jobs. Seven years in Iraq, 81⁄2 years in Af- the things that the administration has So I would like to say to my col- ghanistan, and we still haven’t figured done since they have taken office that leagues, if you want to create jobs, cut out that we can’t win people’s affec- have been a burden to small business taxes and cut spending. That’s the an- tion, loyalty, and trust by waging war and has cost us jobs. swer. And cut government regulation. on their country. To truly capture

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2563 their hearts and minds and also to de- some officials within the administra- (Ms. BERKLEY addressed the House. feat terrorism and make America safer, tion have proposed new taxes that will Her remarks will appear hereafter in we need a smart security approach. further burden small businesses and the Extensions of Remarks.) That means empowering Iraqis and Af- consumers. The European-style value- ghans with civilian support and hu- added tax would levy a tax at each f manitarian aid, with programs to al- stage of manufacturing, thereby in- leviate poverty, build schools, promote creasing the cost of the finished prod- HONORING THE LIFE OF CLEVE- public health and so very much more. uct. This is damaging not only to the LAND HEIGHTS POLICE OFFICER The current approach is alienating consumer, but also to many industries THOMAS PATTON II the populations we’re trying to win involved in manufacturing production. over and emboldening the very insur- I’m a member of the Anti-VAT Cau- The SPEAKER pro tempore. Under a gents we’re trying to destroy. How cus. I recognize the dangers of impos- previous order of the House, the gentle- much longer will this go on? ing this new tax upon the American woman from Ohio (Ms. SUTTON) is rec- There are American teenagers with economy, and I’ve joined over a dozen ognized for 5 minutes. no memory of their country not at war. of my colleagues in working to educate Ms. SUTTON. Mr. Speaker, I rise We’ve already lost nearly 5,500 Ameri- Members of Congress on the problems today to honor the life and service of cans to these conflicts. Thousands and posed by establishing a whole new se- Cleveland Heights Police Officer Thom- thousands more have come home ries of taxes. as Patton II. wounded, disabled, or suffering from Instead of adding new taxes, Congress On March 13, Officer Patton was on the devastating effects of should be focused on reforming the cur- patrol when he began chasing down a posttraumatic stress syndrome. rent tax structure. I’ve called upon the suspect. Tragically, he collapsed dur- And as we all prepare to pay our new chairman of the House Ways and ing the chase and died shortly after the taxes tomorrow, let’s remember that Means Committee, the gentleman from incident. He was only 30 years old. Michigan (Mr. LEVIN), to schedule every American is making a financial Officer Patton was the only son of hearings on Tax Code simplification. sacrifice for this folly. In just the time my friend and our community leader, The FairTax proposal was one of those it’s taken me to give this speech, we’ve Ohio State Senator Tom Patton, and ideas that I’ve asked his committee to racked up about $1 million in costs for his late wife, Evelyn. the wars in Iraq and Afghanistan. consider. The FairTax can start the conversation on tax reform, and I en- Officer Patton leaves behind a loving As long as this tragic and unneces- fiance´e, Tricia, and beautiful 8-month- sary war continues in both of these courage my colleagues who are serious about having this discussion to join me old daughter, Kayleigh Evelyn. Thomas areas, I will continue to come to the meant the world to his family and was floor of the House to state my firm op- in contacting the chairman. People across the country are de- even nicknamed ‘‘Precious’’ by his five position. I will not stop until our sisters. troops are brought safely home. I sup- manding that Congress listen to their It was without question what career pose I’ll be giving my 351st speech to- concerns and find a more equitable and path Thomas would take. He came morrow. less burdensome way of paying taxes. I share their frustration and have called from a family with a strong tradition f upon my colleagues in Congress to put of police officers that began with his The SPEAKER pro tempore. Under a the politics aside and provide tax relief grandfather, who joined the Cleveland previous order of the House, the gen- and reform for this country. Police Department in 1946. As a child, tleman from North Carolina (Mr. Americans have made it known that he would dress up in old police uni- JONES) is recognized for 5 minutes. they are in need of serious tax reform. forms and dream of what it might be (Mr. JONES addressed the House. His Through increased spending and budget like to be a patrolman. remarks will appear hereafter in the deficits, Congress has awakened an Thomas grew up in Strongsville, Extensions of Remarks.) American majority dedicated to gov- Ohio, in the heart of the 13th Congres- f ernment reform. Members of Congress sional District, and he attended Holy have an obligation to be responsive to Name School. THE AMERICAN PEOPLE NEED our people’s needs. As the American RELIEF He saw the dedication and commit- people gather this week to make their ment that his grandfather and uncle The SPEAKER pro tempore. Under a voices heard, Congress must listen. made as police officers and decided to previous order of the House, the gen- These gatherings are occurring all over take that step for himself. He knew the tleman from Kansas (Mr. MORAN) is our country and here on Capitol Hill. challenges and risks, and he fully em- recognized for 5 minutes. In my home State of Kansas, these braced the spirit of the job. He loved Mr. MORAN of Kansas. Mr. Speaker, engaged citizens will be meeting in the excitement of working nights. He in these final hours of this year’s tax Mound City this evening; Kansas City, loved serving others, and he died doing season, Americans are finishing up Hutchinson, Salina, Manhattan, what he loved. He died serving and pro- their tax returns. For a majority of Wamego, and Wichita tomorrow; and tecting the rest of us. Ottawa and Emporia will have meet- these taxpayers, it’s painfully clear Officers from nearby communities ings on Saturday. While these gath- that our Nation’s tax system is deeply gathered outside his hospital the night erings are occurring, millions of other flawed and in need of significant re- he died, and many more at his memo- Americans unable to attend will join in form. rial service. The sea of blue uniforms spirit to protest the expansion of gov- American workers are asked to work was a testament to the fraternal broth- ernment in our daily lives. for 3 full months to fulfill their yearly erhood of police that he embraced. Federal, State, and local tax obliga- As we approach the end of tax season, tions. This is unacceptable. To require Congress must remember the sacrifices His spirit and dedication to his com- already stressed family budgets to for- made by each American household. munity will be sorely missed, but his feit at least a quarter of their income While this is the end of tax season, the service and sacrifice will never be for- to prop up expanding bureaucracy and rest of the year should be deemed the gotten. He will live on as a hero to his increasing Federal employment is just season of tax reform. The American family, to Ohio, and the Nation. wrong. people need relief, and Congress should We are taught at a young age to work respond. Jobs today and the health of f hard and that we will reap the benefits the U.S. economy tomorrow demand The SPEAKER pro tempore. Under a of hard work. Americans have wit- our action. previous order of the House, the gentle- nessed that government is claiming f woman from North Carolina (Ms. FOXX) more and more of those hard-earned The SPEAKER pro tempore. Under a is recognized for 5 minutes. benefits from the fruits of our labors. previous order of the House, the gentle- (Ms. FOXX addressed the House. Her Instead of searching for a way to pro- woman from Nevada (Ms. BERKLEY) is remarks will appear hereafter in the vide relief to American households, recognized for 5 minutes. Extensions of Remarks.)

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2564 CONGRESSIONAL RECORD — HOUSE April 14, 2010 TRICARE DEPENDENT COVERAGE know this especially well in New Mex- (Ms. LORETTA SANCHEZ of Cali- EXTENSION ACT ico where we have a long and proud fornia addressed the House. Her re- The SPEAKER pro tempore. Under a tradition of military service. marks will appear hereafter in the Ex- previous order of the House, the gen- Each time a soldier leaves home, tensions of Remarks.) tleman from New Mexico (Mr. they leave behind caring husbands and f HEINRICH) is recognized for 5 minutes. wives, loving sons and daughters, wor- The SPEAKER pro tempore. Under a Mr. HEINRICH. Mr. Speaker, our ried parents and whole communities previous order of the House, the gen- brave men and women in uniform sac- that remain concerned for their safety. tleman from Rhode Island (Mr. rifice so much for our Nation, and it is Our military families stand behind our LANGEVIN) is recognized for 5 minutes. our duty to keep our promise that they troops and lift them up. They make (Mr. LANGEVIN addressed the have the benefits that they deserve and significant sacrifices just like our serv- House. His remarks will appear here- have earned through their service. icemembers do. after in the Extensions of Remarks.) Let’s honor their service to our Na- I know that many are familiar with f the sentiment that a veteran, whether tion by ensuring that their health cov- active duty, retired National Guard, erage meets the same standard that we b 1745 Reserve, is someone who at one point have set for the rest of America and ISRAEL AND PALESTINE in his or her life wrote a blank check nothing less. The SPEAKER pro tempore. Under a made payable to the United States of Mr. Speaker, I urge all of my col- previous order of the House, the gen- America for an amount of up to and in- leagues to cosponsor this important tleman from New York (Mr. MCMAHON) cluding their life. legislation. is recognized for 5 minutes. We all know that the families of our f Mr. MCMAHON. Mr. Speaker, my col- men and women in uniform share the The SPEAKER pro tempore. Under a leagues, I rise this afternoon to speak burden of this service to our Nation. To previous order of the House, the gen- to a very alarming and disconcerting ease this burden, I introduced H.R. tleman from Pennsylvania (Mr. THOMP- issue that continues to grow unchecked 4923, the TRICARE Dependent Cov- SON) is recognized for 5 minutes. around the world, and that is the de- erage Extension Act. (Mr. THOMPSON of Pennsylvania ad- H.R. 4923 would ensure that our Na- bilitating and negative effects that the dressed the House. His remarks will ap- Islamic Republic of Iran is having tion’s troops and military retirees are pear hereafter in the Extensions of Re- able to provide health coverage to their around the world. marks.) Mr. Speaker, as we all know, we are dependent children up to the age of 26. f This is one of the most popular provi- very concerned about peace in the Mid- The SPEAKER pro tempore. Under a sions in the Patient Protection and Af- dle East, and we know that it’s very previous order of the House, the gen- fordable Care Act, the health insurance important that our great friend and tleman from Oregon (Mr. DEFAZIO) is overhaul that Congress passed and that ally, Israel, continue in negotiations recognized for 5 minutes. President Obama signed into law last with the Palestinians to come to a res- (Mr. DEFAZIO addressed the House. olution of the issues that exist there. month. His remarks will appear hereafter in However, health insurance for our However, I believe we cannot expect the Extensions of Remarks.) Nation’s military servicemembers, re- success to come there unless we look at tirees, and their families is under the f the role that Iran is playing on that control of the U.S. Department of De- The SPEAKER pro tempore. Under a issue and so many other dangerous fense, so this benefit for dependent previous order of the House, the gen- issues around the world. It is acting in children was not extended to military tleman from Washington (Mr. SMITH) is a way that is against the interest in families. recognized for 5 minutes. our great ally Israel and our allies Contrary to some misinformation (Mr. SMITH of Washington addressed around the world and our Nation as we’ve heard, TRICARE was not altered, the House. His remarks will appear well. changed, modified in any way by the hereafter in the Extensions of Re- Mr. Speaker, indeed the Palestinian Patient Protection and Affordable Care marks.) negotiations in Iran are very much Act. The good news is that H.R. 4923 f linked, but not in the way that those would now provide dependent children The SPEAKER pro tempore. Under a who want to pressure Israel would of military families with the same ben- previous order of the House, the gen- argue. The connection between these efits given to civilian children. Specifi- tleman from Pennsylvania (Mr. two critical foreign policy issues stems cally, this bill would amend Title 10 to SESTAK) is recognized for 5 minutes. from Iran’s perceived veto power over change the maximum age of coverage (Mr. SESTAK addressed the House. the ability of Israelis and Palestinians for children from 23 to 26, and it would His remarks will appear hereafter in to come to terms. take effect October 1 of this year. the Extensions of Remarks.) Acting as Iran’s proxies, Hezbollah and Hamas are used to destabilize the Currently, in order for dependent f region by engaging in hostile military children to remain in the TRICARE The SPEAKER pro tempore. Under a activities or significant acts of terror system, they need to be attending col- previous order of the House, the gen- at the will of the Islamic Republic. lege full time and only up to the age of tleman from Washington (Mr. LARSEN) Furthermore, an environment condu- 23. However, the new policy in H.R. 4923 is recognized for 5 minutes. cive to peace is disrupted by the in- would allow all dependent children to (Mr. LARSEN of Washington ad- creased weaponization of the region. be covered until age 26, whether or not dressed the House. His remarks will ap- Already huge numbers of rockets have they’re full-time students. pear hereafter in the Extensions of Re- been illegally shipped to Hezbollah by I’m proud to tell you that that bill is marks.) supported by a growing number of vet- Iran in violation of Security Council erans’ service organizations, including f Resolution 1701. Likewise, arms and the Military Officers Association of The SPEAKER pro tempore. Under a ammunition have been smuggled into America, the National Guard Associa- previous order of the House, the gen- Gaza and to Hamas through similar tion of the United States, and the Air tleman from Mississippi (Mr. TAYLOR) routes. Force Association. is recognized for 5 minutes. Thus, for those who want peace be- Mr. Speaker, allowing parents to pro- (Mr. TAYLOR addressed the House. tween Israel and the Palestinians, Iran vide health coverage to their dependent His remarks will appear hereafter in must be brought under control. But it children is just one way we can show the Extensions of Remarks.) isn’t just in the Palestinian Authority our military families how much we ap- f where Iran is making trouble. Iran is preciate them. With each individual The SPEAKER pro tempore. Under a training and funding actors hostile to who generously dedicates their life to previous order of the House, the gentle- the United States in Afghanistan and military service, there is a significant woman from California (Ms. LORETTA Iraq and also providing lethal muni- impact on those closest to them. We SANCHEZ) is recognized for 5 minutes. tions such as materials used in the

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2565 IEDs to kill and maim our troops and the new discussion on the Nuclear Pos- Congressman TURNER also is joining us, allies. Examples of civil unrest ture Review. That’s a report that the MIKE TURNER from Ohio. And I know throughout Iraq, northeastern Saudi Federal Government has just released that they have their own perspectives Arabia, and even Bosnia have also been along with the new START Treaty on this and are very well qualified in tied to the Quds force which conducts which the President has been working certain areas here, and I also have overseas operations for Iran’s Islamic on negotiating with the Russians. some charts we could go to. Revolutionary Guard Corps. And these are talking about the fu- But I would like to take a look at And we must not ignore Syria’s part- ture of our country, the future of our some of those assumptions because the nership with Iran either. Syria is a cli- world, particularly as it relates to nu- devil is often in the details. ent of Iran and together with clear weapons or weapons of mass de- I would yield time to my good friend, Hezbollah—an Iranian-controlled enti- struction. And the initial kind of read Congressman TURNER from Ohio. ty—in neighboring Lebanon, Lebanese on what’s going on sounds pretty good. What part of Ohio are you from? We want to try to reduce the amount Mr. TURNER. Dayton, Ohio. Christians and moderate Muslims fear Mr. AKIN. A good industrial area, raising their voices against the Syrian of proliferation of nuclear materials to make the world a safer place. We want too. Good for you. hegemony over Lebanon, reversing the Thank you, MIKE. Please. gains made in the Cedar Revolution to talk about a day when there won’t Mr. TURNER. I appreciate your lead- that resulted in the end of the Syrian be any nuclear weapons in the world. ership. We serve in the Armed Services occupation of Lebanon. We want to try to, in general, reduce Committee together so these are issues Unfortunately, Iran’s tentacles ex- the amount of threat and risk to our that we take up frequently. tend across continents and into our own Nation and other nations. We held a hearing today on the Nu- Western Hemisphere as well. Iran has And it all sounds pretty good when clear Posture Review and on the entered into a strategic alliance with you first look at it, until you start to START Treaty, and there are a number Venezuela, opening the path for Hugo take a look at the troubling assump- of things as you outlined that I think Chavez to further his anti-U.S. activi- tions that have been built into these people should be very concerned about. ties in South America. And even more two documents. First of all, they call One, of course, is what they’re refer- concerning, Venezuela is helping Iran the Nuclear Posture Review the NPR ring to as the negative assurances circumvent the Security Council’s eco- and the START Treaty, of course, is where in the Nuclear Posture Review nomic sanctions and is also suspected going back to the 1991 historic treaty. they’ve included a statement where the And so I’m joined here on the floor of providing Tehran with uranium. President has taken off the table the Finally, as smaller Arab states in the by some good friends of mine, some prospects of using nuclear weapons in gulf witness the rise in Iranian power, people who are good thinkers. But I defense of this Nation in circumstances think I will mention some of the topics a power which will be confirmed once it where we are attacked by a nation that that I would like to see us be talking reaches the nuclear threshold, they too is in compliance with the nonprolifera- about here in the next number of min- will follow this path and attempt to tion treaty, and even if that attack is utes. And I think we need to take a forge an alliance with this new re- with either chemical or biological look at assumptions. weapons. gional superpower. Many times people have good inten- For this reason, Mr. Speaker, it is Before we always had the posture of tions, but the assumptions that are crucial that Congress move swiftly we’ll do whatever it takes, whatever is built in are not so good. There was necessary to defend this Nation. And with the administration towards cur- once a guy who was a pharmacist and tailing Iran’s nuclear ambitions. Dec- the President himself last May said— he had good intentions; but, unfortu- he clearly stated, I don’t take options ades of inaction have allowed Iran’s in- nately, he prescribed too much of a fluence to sweep across the globe. We off the table when it comes to U.S. se- particular chemical and killed his pa- curity. Period. Unfortunately, this ad- cannot allow Iran to move further as tient. He had good intentions, but the ministration’s Nuclear Posture Review its influence creeps through our own result was the death of the patient. does just that. It delivers a muddled hemisphere. That could easily happen to many message to both our allies and our ad- Back in the 1930s as the power of Nazi Americans with the false assumptions versaries that only seeks to weaken Germany grew, people like Winston that are built into the START negotia- the strength of our deterrent. Churchill sounded the alarm. But all tions and this Nuclear Posture Review. It’s really unclear as to why the ad- too often that alarm was ignored. The first thing I would like to take a ministration has done this if you look The alarm is being sounded here in look at is going to be the world with- at the issue of threat. Certainly the this Chamber and is being sounded out nukes and is that a reasonable as- threat has not been reduced to the across the world. We must act to stop sumption; is that something that we United States. So to take a posture the insidious influence of Iran around should be working toward and exactly where you’re going to restrict what we the world, and we must do it on every how are we going to produce this world would use in order to defend ourselves front. The time to act is now. And the where there are no longer nuclear is not based upon some change that has way to act is, as I urge my colleagues, weapons. occurred in the threats that the United that we move swiftly to complete the The next assumption is whether or States is facing. passage of the Iran Refined Petroleum not it’s reasonable to trust Russia They have said that they are pur- Sanctions Act and the Iran Human when you negotiate arms treaties. suing this policy of restricting our use Rights Violation Sanctions Act which The third question would be the over- of our own defensive weapons in order we must bring to conference com- all whether or not we’re going to be ad- to encourage others not to seek nu- mittee and send to the President for vancing missile defense and whether or clear weapons. But there is no histor- signature. not we’re going to develop a missile de- ical basis for that. The United States f fense. Is that connected to the idea of has continued to reduce the overall NUCLEAR POSTURE REVIEW the START Treaty? number of nuclear weapons, as has The fourth point would be does it Russia. As we’ve seen, Iran is seeking The SPEAKER pro tempore. Under make sense to say we’re not going to to be a nuclear power; North Korea is the Speaker’s announced policy of Jan- develop any future nuclear weapons or becoming a nuclear power. Without uary 6, 2009, the gentleman from Mis- devices. any historical basis for an assumption souri (Mr. AKIN) is recognized for 60 And, lastly, to define when we might that others would not seek nuclear minutes as the designee of the minor- or might not use a nuclear weapon. weapons if the United States agrees to ity leader. These are all kinds of assumptions not use theirs, this administration has Mr. AKIN. We’re about to start on a built into these documents. I think proceeded down this path. journey on an interesting topic of dis- they need to be discussed and discussed Mr. AKIN. Could I interrupt for a sec- cussion and one that has hit the papers very carefully by those of us who are ond? and one that could very much affect dealing with our nuclear posture. I think what you brought up is an in- the shaping of how the world develops I’m going to start off by recognizing teresting point. First of all, the Presi- and the safety of the world. And that is my good friend, ROB BISHOP from Utah. dent said all of the options are on the

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2566 CONGRESSIONAL RECORD — HOUSE April 14, 2010 table. And here we go again seeing him without nuclear weapons is something That’s not the circumstance of what I say one thing and doing the exact op- that everyone would want to achieve. would think of assurance. posite. Mr. AKIN. Sure. Mr. AKIN. Assurance to our enemies. It reminds me of a question. I’m a Mr. TURNER. It’s the reality, But the second thing was the idea pretty old geezer. I’ve been around here though, of the issue of defending our that somehow we are going to move to- for a while. I remember the Ronald Nation. And here this President has ward this world without nukes, and the Reagan days. And I remember it was said, I won’t take anything off the way we are going to do it is to reduce kind of the height of the Cold War and table. I will always do what’s necessary not only our number of nuclear weap- people would ask him, Now, President to defend the United States. Period. ons but reduce our development or de- Reagan, what would happen if this and That was last May. And then now, ployment of nuclear weapons. I mean, this and this. And he would kind of with the administration’s nuclear pos- it sounds so good on the surface, but look at people with his big old grin and ture review, he is saying, but I am let’s just take this apart a little bit. he would say, You know, I’ve told you going to, in advance, tell you that if Let’s just say, you have got America before, I don’t answer ‘‘what if’’ ques- you are in compliance with the NPT, if now. We have a bunch of nuclear weap- tioning. Now, he said that in a nice you attack this Nation, if you attack ons, and we just say, hey, this is such way, but his point was why do we want the United States, even if you attack a great idea. We are just going to get to answer what if and then lock our- the United States with chemical or bio- rid of all our nukes, and we are not selves into some particular means of logical weapons, I am going to take off going to develop any. Or we are going responding when it isn’t really appro- the table the nuclear weapons that are to get rid of a certain percentage of priate when the actual day arrives. in my arsenal, even if it’s necessary to them, and we are not going to develop Mr. TURNER. That is what this pol- protect the United States. any new ones, which is what this trea- icy is. It’s a what-if. Now, they go on to say, the adminis- ty is supposed to do. My question is, how is this going to Mr. AKIN. It’s answering a whole lot tration says, well, we have over- reduce the number of nuclear weapons of what-if questions. Why do we have whelming conventional forces and so that will make a bit of a difference. We in the world? to do that? First of all, think about there are 35 don’t really need our nuclear weapons. Mr. TURNER. The administration is or more nations that depend on us to But they say they are doing this to try saying the what-if is if this country is create this nuclear umbrella of protec- to encourage others to not develop nu- attacked by someone who is in compli- tion. So they are not developing their clear weapons. Again, there is no his- ance with the NPT, even if we’re at- own nukes because they know that the torical basis for it. As we have reduced tacked with biological or chemical U.S. is going to protect them. So what our stockpiles and Russia has reduced weapons, they would not use every- are they going to do logically if that their stockpiles, other nations have thing that we have in our arsenal that umbrella of protection of the U.S. hav- continued to seek nuclear weapons. might be necessary in order to protect ing this overwhelming nuclear force, if But the other issue is, what is the ourselves. we take that down, if you are one of true message then to those other na- Mr. AKIN. So just stop for a minute. those 35 nations, what are you going to tions? Well, we have overwhelming Let’s do a what-if, because that’s ap- be thinking? parently what this treaty is trying to conventional force. They don’t have Mr. TURNER. It’s a very good point. define, these what-ifs. overwhelming conventional force. Cer- Because those nations that depend So some country has maybe signed tainly, developing nuclear weapons is upon us, who have not developed nu- agreements that they’re not going to an equalizer that they can look to. clear weapons, who believe that they develop biological weapons. They do I think it’s disingenuous to say that are part of our nuclear umbrella, that that on the sly, hit our cities with bio- we are not going to use our nuclear they believe that we extend, in cooper- logical weapons and people are dying weapons, but we might change our ative understanding, our deterrents for with some strange kind of virus or mind, but at the same time we want their benefit. If that deterrence is re- something running around, and we’re you not to use them. But it’s in that moved, then, of course, there is the losing a whole lot of population—and of framework of the hypothetical of say- prospect that these additional nations course I think we have a pledge that ing that this, this country, if it’s at- will feel the need to develop their own we’re not developing biological weap- tacked, won’t defend itself to the full weapons. ons so we can’t respond with biological extent when it might be necessary. Mr. AKIN. So we are reducing weap- weapons somewhere. So what are we Mr. AKIN. Okay, so it seems to me ons, but these other nations are going supposed to do then? We’ve already we have got a couple of different issues to want to increase, so that doesn’t guaranteed them that we’re not going here that you brought up. The first really compute with the logic of this to use nuclear weapons. question is, does it even make sense for thing. us to do the ‘‘what if’’ question? If Now let’s go to the next class of na- b 1800 somebody does this, this, and this, tions, third-world nations, maybe some Mr. TURNER. Well, here is, I think, well, we are not going to do that. What of them that are more likely to be our the most important thing. You invoked is that bias, you know, and is that real- opponents, adversaries, or trouble- Ronald Reagan and you were saying ly helpful? And particularly when these makers. Now we tell them we are going how you shouldn’t answer things tend to be nuanced the way they to reduce our number of nukes and our hypotheticals. I think here is what the are phrased, it adds a lot of haze and development of new things. What is blanket statement should be. uncertainty. But certainly answering their logical response to that? Well, The blanket statement should be, that ‘‘what if’’ question probably let’s see, they say, well, we could never when it comes to defending the United doesn’t make us a more secure coun- whip them in conventional forces, so States against a devastating attack, try. we have got to find some other way. our message should be clear and sim- But let’s go to what I think is your Mr. TURNER. Exactly. ple. If our Nation is attacked, we will second point. Mr. AKIN. So what are they going to use all means necessary to defend our- Mr. TURNER. Let me go back to that do? selves, period. There shouldn’t be an for a second. You said the administra- Mr. TURNER. I think it’s also a false issue of whether they signed, whether tion is actually calling this an assur- accomplishment. When the administra- they agreed that they wouldn’t develop ance policy, that they are providing as- tion promotes this statement of a nuclear weapons and so we are not surances. But usually I think and the world without nuclear weapons, again, going to use nuclear weapons. American people think of the word ‘‘as- it’s a human-value statement that I I mean, first off, nobody is for using surance’’ being something you give think everyone would wish to be true. nuclear weapons. I mean, there is no your friends and allies. And, in this in- But in translating it then to a to-do advocacy group that says we need to be stance, this is an assurance that the list or a policy from the United States, using nuclear weapons or no one, cer- administration is giving to a nation going from a human-value statement tainly—from a human value statement, that would be an attacker to our Na- to an actual to-do list and policy with- the President’s statement of a world tion, someone who is attacking us. out a change that has occurred in the

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2567 world dynamics, that’s where we get which we deploy a missile defense sys- I am joined also by my good friend, dangerous for the United States. tem. Well, what’s really concerning is ROB BISHOP from Utah. Here is the false accomplishment. that the administration, at this same But let’s just get on this missile de- This President will talk about his ac- time that they are agreeing to and pur- fense a little bit. So we built it, and we complishment of limiting the role and suing the START, which has been built a number of missile defense silos the number of U.S. nuclear weapons. I signed, with language that ties missile in Alaska. It was called a ground-based think what people are interested in is defense to our nuclear deterrent, the system, and it shoots a missile that’s this President limiting the nuclear administration is pursuing for Europe tremendously large, about 20-some tons weapons risk that we are facing as a a missile defense system. of missile. It goes very high, very fast, Nation. Now, it’s unclear whether the Presi- and it has the capability of stopping Mr. AKIN. But shouldn’t the focus be dent’s own plan for a missile defense intercontinental ballistic missiles. on U.S. security? Shouldn’t that be the system already violates the Russians’ Many of the trajectory of those go question? And are we going the wrong concern under START. We may be in a past Alaska where these missiles can way? situation where the President is pur- do a good job of stopping the enemy. Mr. TURNER. We will have to see suing a policy that will already cause Now these same missiles were going to what comes out of the conference that the relationship with Russia start to be be put into Poland, into the Czech Re- the President has held. He was identi- a terminal relationship. In the hearing public. One was a radar site. One was fying the increase, that threat that we today, I asked Secretary Tauscher, an actual missile site. And the Obama have for nuclear terrorism and nuclear where are we with the Russians on this administration decided to cut the proliferation issues. And certainly issue? ground out from behind our allies. those are the correct issues for him to The administration already knows They had made significant political— be raising at this point, and we cer- what they want to do with missile de- took a lot of heat from their own citi- tainly wish him great success in ac- fense. It is certainly something zenry, got permission, got the support complishing some visible reduction in knowable by the Russians at this point. of their citizens to build these systems the threat to the United States, besides The Russians are saying they will to protect Western Europe, particu- just the visible reduction in the role withdraw if the missile defense is pur- larly from Iranian ballistic missiles. and the number of U.S. deterrents. sued. My concern is that the adminis- And the administration decides on Mr. AKIN. So the bottom line should tration will get down the road, where very little notice, literally on the day be about U.S. security. I mean, that’s they will have supported START, re- where the Polish were observing the what we should be focused on. Yet how ceived ratification of START, be pur- time that the Russians had come into does it get us more security if we re- suing a missile defense system that Poland, and just cut the ground out duce our nuclear capabilities and other Russia objects to and that it might from under them and said we are not nations than become encouraged to in- weaken this administration’s resolve going to do that. What are they going crease theirs? for deploying that system. to replace them with? Oh, they said, we Mr. TURNER. Absolutely. Mr. AKIN. The history of missile de- are going to use a ballistic defense sys- Mr. AKIN. So there is a fundamental fense goes back quite a ways. It goes tem based on our ballistic missile de- disconnect in the logic here some- back to Ronald Reagan, who proposed stroyers. where. Understand that it’s all for glo- the whole idea of missile defense; and The only trouble is, it was based on a rious and super ends and supposed to be people, liberals, tried to make fun of it. missile that hasn’t been developed yet, a good deal and all, but how does it They said it was Star Wars, and it will that doesn’t work yet, and it’s a 2-ton specifically help us and how does it in- never work, and it will destabilize rela- as opposed to a 20-ton missile, and it’s crease U.S. security? That is not clear tions between nuclear armed countries a missile that we don’t have. So now at all. like us and the Soviet Union. we are supposed to have these destroy- The idea of us reducing capabilities Ronald Reagan said, no, I don’t think ers floating around the Mediterranean seems to be completely counter- so. He said, we have a responsibility to providing missile defense for Europe, productive. Because it’s going to en- defend our citizens, and we need to and these destroyers don’t even have courage either third-world adversaries build a missile defense. the right kind of missile on them to to take advantage of our vulnerability Of course, we, all the way through stop a ballistic or intercontinental bal- that we created voluntarily on our- from the time of Reagan to when I listic missile. The bigger the missile, selves, self-inflicted wounds, or the came here in 2001, we had really not the bigger the anti-missile that you people who are our friends are going to done it. President Bush went to the have to have to fight it. develop additional nuclear capabilities Russians, went to the Europeans and So the whole point of this was here to protect themselves. So I don’t see said, sorry, guys, I am going to let you you have North Korea. They fire these how this thing works. know, here is your 6-months’ notice. different missiles. The current range of Mr. TURNER. Congressman, you had We are going to start developing mis- the larger North Korean missiles is 3- also mentioned the the point of START sile defense. to 6,000 miles. That puts Alaska in the and the issue of missile defense. I think And, of course, the Democrats had sights and other potential targets from one issue that people are concerned been opposed to it, but they were in the North Korea. about that relates directly to this issue minority, and we passed it when we Likewise, we have Iran potentially is any limitation on the United States’ were on the Armed Services Committee launching, and you can see these dif- ability to defend itself in deploying to do missile defense. And it wasn’t ferent distances, depending on how what is a provable, workable tech- missile defense against China or Rus- much power the Iranian missile has, nology in missile defense. The START sia, but it was missile defense against how many stages and how far it can go, treaty has in its preamble or recogni- these rogue nations like Iran and starts to move into targeting Western tion between the United States and North Korea. So we built it. In spite of Europe. This is what we were pro- Russia the correlation between defen- the fact people said you couldn’t do it, tecting against with the missile sites sive and strategic weapons. we did it. Test after test, we did it, and in the Czech Republic and Poland, The Russians have stepped forward we made it work, and we built missile which this administration has can- and said that this language, they be- defense. Then they made a treaty with celled. lieve, was essential in order to get Poland and the Czech Republic, saying They have also cancelled a number of their approval for START, because we are going to deploy missile defense other aspects of missile defense which they want the United States’ missile not just in Alaska but in Poland and we will get into, one that was tremen- defense system to be counted against the Czech Republic. dously successfully tested just in the the issue of our nuclear deterrent— Thank you very much, Congressman last few months. It’s this aircraft here their nuclear deterrent. TURNER from Ohio. I really appreciate with this funny-looking nose, looks They haven’t gone as far as to say your leadership on the whole area of like a cyclops, and this is a very power- that they might withdraw from national security. You have done a ful, actually, three lasers in one. That START, depending on the extent to great job. was tested successfully to knock down

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2568 CONGRESSIONAL RECORD — HOUSE April 14, 2010 missiles; and, of course, to shoot a our actions. I’m going to say how this rocket scientist. You’ve got to have laser at a missile isn’t that expensive. thing kind of turns together, and some- some of them around if you want to b 1815 times I think this administration is make rockets. Those people are being not realizing how everything in govern- employed currently for this particular You can get a lot of shots out of a ment relates. solid rocket that is noted more for laser and it goes very fast. It is a very Last year, when we stopped the space exploration than it is for defense, effective way to stop missiles on the ground-based missiles and stopped the but it’s the same technology. launchpad. So that’s another thing KEI, among other things that we did, So, first of all, your industrial base is that this administration decided that we put the industrial base in disarray. eroded by the fact that you can’t keep they were not going to fund. These Now I’m coming back to the old indus- those engineers around and they don’t treaties are talking about continuing trial base argument because I’m using have anything to work on, so they go that trend to reduce our investment in it again and again. This year, NASA, do something else. The second thing is, missile defense, and that is very trou- space exploration, which you think has because you don’t have the production bling indeed. nothing to do with defense, but space facilities, now the cost of materials My good friend Congressman BISHOP exploration is trying to take this prod- goes up. from Utah knows quite a bit about the uct, the Ares rocket, which was labeled And it goes beyond that, doesn’t it? specific missiles that do this, and I our best innovation of last year, and You don’t just build one of these things would like to call on your expertise to they want to cancel the production. in thin air. You’ve got to have a build- help us with this subject, please. Now, that ties together as a bag of ing to build it in. You’ve got to have Mr. BISHOP of Utah. Well, I appre- nails simply because the people who the machines that are used to package ciate my good friend from Missouri work in the companies that produce the fuel and the design of how the pres- bringing this issue up to us again, espe- this rocket also produce the missiles. sure is contained, and how you control cially now that we’re talking about So the rockets that are built to send a burn rate and the direction—all kinds missiles. guy to the moon are built by the same of things that go into building a rock- One of the things President Reagan kinds of people who build the rockets et; right? once said is: Was the United States to stop a North Korean or Iranian or Mr. BISHOP of Utah. Yes. And our ever involved in a war because we were some other rogue missile from coming ICBMs, for example, need to stay there too strong? The answer is no. But what into this country. And if we devastate until the year 2030. That’s their we’re also talking about here is some- the industrial base, we don’t have the planned life. But what happens if you times—as I was an old school teacher— capacity to change our projection and do one of those solid rocket motors and when we’re young and naive, we tend to fix this problem if, indeed, it takes you pull it out to do the inspection and overlook details, and those details place, and we increase the cost to the there is a problem with it? Where are could be devastating. For example, Na- defense of this country significantly the experts to go in and find out what poleon lost the Battle of Waterloo not because of it. Let me give you one ex- went wrong, and how do you solve that because he was outmaneuvered at Wa- ample. problem in the future? Where are the terloo. He was not. He lost it because Just the oxidizer that starts the pro- niche suppliers who are no longer in they overlooked a detail. They didn’t pulsion concept in our motors, that, the market? This is one of those bring a bag of nails. At that time, when because of the cuts last year to our things. you overtook the enemy artillery, you missile system, has gone from $5 to $12 So I’m talking about nails for the fu- would dismantle it by driving a nail a pound. It’s a fixed cost to produce ture of our missile defense system that through the firing mechanism so it this stuff, and we use it by the ton. And are being lost because we simply didn’t would be useless. when you cut down the amount you think ahead—or this administration When Napoleon overran the British use, the company then has to make a didn’t think ahead. artillery, they didn’t bring any nails profit, so they charge more per unit. So DOD sent us a report last year that with them. Consequently, the British we’ve gone from $5 to $12. said if you slowed down Constellation, recaptured that artillery and it If, indeed, you stop the Ares 1 pro- it would have a significant negative wreaked havoc on Napoleon’s forces. gram in our space program, who uses impact. Secretary for Acquisitions in And every book of what would have this stuff significantly, that cost will the Department of Defense said that happened always has a chapter of what either double or triple or be even more. this industrial base is not our birth- would have happened if they had actu- So it means to produce the same mo- right. If we lose this industrial base, we ally brought the nails. tors we need to just maintain where we may never get it back. And all of them Mr. AKIN. A bag of nails. Now, I ap- are, we are going to spend hundreds of are saying—General Keller said the preciate having a history professor millions of dollars—maybe running same thing, that he is not comfortable here. It’s just a little detail, but it was into the billions of dollars—without with the direction we’re going because an important and sort of a tide-turning having done anything to improve our the cost overruns that will come to the detail that was not considered. status. We will spend more money. We defense system simply means, obvi- Mr. BISHOP of Utah. Now, let me will not have a better product, and if ously, NASA and Department of De- turn that analogy slightly into the sit- we want to turn around and change fense did not talk one with another. uation we are in right now, because I that, we don’t have the industrial base The Augustine Commission report think this administration is missing a yet. If we fire all those people who are that was supposedly giving a report on lot of bags of nails that are out there. making these kinds of rockets, we what we would do with our space in the One in particular deals with our mis- don’t have anywhere to turn for our future said, This is a problem. The in- sile program in the future if, indeed, own defense system. dustrial base situation is a significant the direction we’re going is not the The Department of Defense has rec- problem if, indeed, you stop the Con- right direction and we want to change ognized that. The Navy has said that stellation program. You need to work that. they are fearful that the increased cost that ahead. NASA did not do it. They You and I were here with several for them could be 10 to 20 percent. either chose to ignore it or they didn’t other Members last year a long time They don’t know where the increase study the report very closely. Those talking about our missile defense sys- can stand if, indeed, we go along and are the nails we have. tem, because last year we cut the po- cancel our space program. So you have those pictures up there tential of a mobile missile defense sys- Mr. AKIN. So let me just recap what of what we are going to do with North tem, KEI. We stopped the ground-based you’re saying. Korean potential missiles that were in missile defense system that we had, If you don’t have the industrial base striking distance of the United States; and we were complaining that that was to produce the kinds of missiles that Iranian missiles that could come with- probably an inopportune time. we need for missile defense, the way in striking distance in the future but One of the nails that we are now that that can work is, one, you’re not are definitely within striking distance missing is what happens if we don’t going to have the rocket scientists. In of Europe now. And what is even more look at the unintended consequences of other words, a rocket scientist is a terrifying is if one of those countries—

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2569 and I don’t think it would be beyond man, is a part of one of the supplier b 1830 the realm of possibility—were to give base that has to be there to do missile Now, there is another aspect—and their devices to some rogue player, not defense. Why are we going to dismantle you know something about history. I necessarily another nation, but some that? It just doesn’t make sense. recall all of these treaties we made rogue player, and obviously have them Mr. BISHOP of Utah. I agree totally with the former Soviet Union, and aimed at the United States, and we, be- with the gentleman from Missouri, who when the Soviet Union collapsed, we cause we decided not to think through is such a leader on the Armed Services got information about what happened situations and think ahead of what Committee. Part of the problem, nu- on those treaties. What we found out we’re doing, for either naivete, being clear soft power notwithstanding, we was that the Soviet Union was cheat- new, or simply ideological reasons, we are talking about the overall defense of ing like mad on every single one of have lost the nails to make sure that this country, and in area after area we those treaties. They said, We’re not we continue to defend this particular tend to be weakening our position. going to build any biological weapons. country. I agree with the gentleman that we Yet they’ve got a biological weapons Mr. AKIN. Well, the thing that should not have scaled back in our laboratory going in Russia. strikes me about this whole situation laser technology. I agree definitely We were over here, and I was a brand is, first of all, if you want to deal with that last year we made a mistake when new guy in the U.S. Congress just a few the nuclear proliferation thing, that’s we cut the kinetic energy intercourse years ago, and we were interviewing one thing, but to connect it to missile program, those mobile rockets aimed one of the top scientists who worked in defense seems to be the height of stu- to stop missiles coming at us. I agree the biological weapons laboratory, one pidity, just really an irrational deci- that we made a mistake when we lim- which the Soviet Union had said, We’re sion. And to walk away from the funda- ited the number of ground-based mis- not going to do that. We find out 15, 20 mental principle that the job of the siles that we had, ready to go. The silos years later that the Soviet Union has Federal Government more than any- ready to be filled, we just simply got these ballistic missiles loaded with thing else should be the defense of this stopped it, artificially, arbitrarily, and the smallpox virus that they’re going country, the security of the citizens that puts us in a weaker situation. to shoot at us, and we haven’t got the who pay for that defense, and to give I am also concerned that when you foggiest idea that they cheated like that idea up for the old concept of mu- add to what they’re talking about mad, have a biological weapons labora- tually assured destruction, just makes doing about on the Constellation pro- tory, and are going to pepper us with no sense whatsoever. gram for NASA, it’s not just about the smallpox, which we have a limited We were on the right track to de- manned space flights. It’s also the im- amount of vaccine to protect against. velop missile defense. The people that pact that has on the industrial base So here we are again, learning so said we couldn’t do it were all proven that prohibits us from ever changing much from history that we’re going to wrong. We are doing it. We not only hit course in any of these other particular make another deal with the Russians a missile with a missile, we hit a spot areas. It is all part and parcel with and assume they’re not going to cheat on a missile with a missile, metal-on- what I think is perhaps a very cavalier on it. I guess my question is: How do metal collisions. And not only have we approach to the defense of this country we know that they’re not going to been able to do that and shown that we that time after time after time over- cheat? What are we getting out of this have the technology to do that, but looks the details and how those details deal? now what we’re talking about doing is interact and puts us at a more vulner- Do you remember some of the history even going beyond that to the airborne able situation. of those treaties, gentleman? laser system, which just this last year, Once again, no one will ever attack Mr. BISHOP of Utah. I don’t have the firing its last shots before it was going us because we are too strong. They expertise right here to go through to be shelved, it was called by the could attack us because we have failed some of the details. Obviously, you’re Democrats a big science experiment—I to bring a bag of nails into battle with ahead of me on those particular ones; suppose that’s a pejorative term saying us. but it still goes back to the basic ap- we don’t think much of it—and yet this Mr. AKIN. Well, I really appreciate proach that, even if the Russians are aircraft flying off the west coast en- your perspective, gentleman, and par- legitimate in these treaties and even if gaged two targets. ticularly the little historic lesson of they live up to them, we live in a world One was a liquid rocket motor mis- the bag of nails. where it is not just necessarily the sile. It was launched from some consid- It seems to me sometimes our leader- Russians for whom we have to be pre- erable miles away, in excess of 100 ship is getting so grandiose and it’s pared and that, even if we make a trea- miles, I believe, and this airplane saying what we’re going to do is pro- ty with the Russians, the North Kore- locked onto the missile with its—it has vide a world without nuclear weapons. ans and the Iranians are not nec- two small lasers. The first is just to You know, it seems to me that what essarily going to be cowed by us. find where the missile is, and it’s put- they probably should do is invest in a Mr. AKIN. They’re not playing by the ting that first laser on the missile. The time machine and go back in history if same rules anyway. second laser checks the optics of the they want a world without nuclear Mr. BISHOP of Utah. They could eas- atmosphere. The third laser, which is weapons, because we can get rid of all ily transport some of their stuff to na- tremendously powerful, fires a beam, of our nukes. tions closer to us, which makes it even and it just destroyed that liquid fuel We can open the kimono and let peo- more deadly for us. missile in air. Then it turns around and ple beat us up, and that’s not going to So what we have to do is make sure does the same thing to a solid rocket change the fact that there are going to that, when we look at what we are missile, and yet this is another thing be nations out there that are going to doing vis-a-vis the Russians, we have that the administration is scrapping. proliferate. Now, that doesn’t mean we to put it in the context of: Are we able And the question is, if we’re inter- need to encourage them. We need to to defend ourselves against all sorts of ested in U.S. national security, why in try and stop them. But we’re not going rogue players who are out there, not the world do we want to bow down to to stop them by being weak and selling just the Russians or the Chinese? the Russians? Ronald Reagan was there our own national security down the That’s why the decisions we made this at Reykjavik, and there was a great big river, and that is what’s going on here. year, based on the decisions we made idea that they were going to have this In an effort to apparently be a gran- last year, I think, put us in a weaker big treaty. Reagan walked away from diose peacemaker, we’re thinking position to say, yes, we could defend it. He said to the Soviets, he said, you’re going to create peace out of ourselves against the rogue nations as Look, I’m not going to agree to that weakness. We have found that that is well. because I’m going to protect my people not a good formula, and particularly, Mr. AKIN. You know, I thought it with missile defense. And here we are to betray the security of the American was on the front page of the paper going back in history, and now we’re people without looking at the details, today, the idea that scud missiles had going to stop this missile defense. And as you’re saying, really does not make been given, I think it was, from Iran to what you’re talking about, Congress- sense. Hezbollah or something like that.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2570 CONGRESSIONAL RECORD — HOUSE April 14, 2010 Mr. BISHOP of Utah. From Syria to which is an overall document released ington essentially, or ostensibly, was Hezbollah. by the U.S. Government, talking about about trying to keep nuclear weapons Mr. AKIN. From Syria to Hezbollah, what we’re doing with nuclear kinds of out of the hands of terrorists. Yet the scud missiles. things. It contains a whole series of reality is that this ominous intersec- So there was a weapons transfer to a false assumptions, in my opinion. tion of jihadist terrorism and nuclear group that is a pretty known terrorist While it sounds good on the surface, proliferation has been inexorably and group. They’re not all part of this deal. the question is: How does it really relentlessly rolling toward America So even if you could trust Russia, work? Also, there is the New START and the free world for decades, and it is which I don’t and which we have no Treaty, which the President has been now a menace that is almost upon us. historic reason to trust, what happens negotiating with the Russians, and I believe that it represents the gravest to the other nations when you make that is along the same lines as the Nu- short-term threat to peace and secu- these deals, especially when you’re not clear Posture Review. My concerns are rity of the entire human family in the going to develop more missile defense? pretty much listed in five points. world today; and I believe that the Is- There is another thing we’re not sup- The first point is that somehow we lamic Republic of Iran, due to the posed to develop either—and I really are supposed to create a world without jihadist ideology of its leaders, rep- appreciate my good friend from Utah nukes, and the way we’re going to do resents a particularly significant dan- for joining us, Congressman BISHOP. that is to reduce America’s stockpile of ger to America and her allies. You have provided really good detail, nuclear weapons, not develop anything President Ahmadinejad was speaking particularly on that industrial base as- new, and cut back on missile defense. to the whole world when he said that, pect. Thanks for the ‘‘bag of nails’’ ex- So we’re going to reduce our own na- You, for your part, if you would like to planation. tional defenses, and somehow that is have good relations with the Iranian You know, with regard to details, I supposed to help make other people do nation in the future, recognize the Ira- do remember there was something the same thing. My question is: Does it nian nation’s greatness, and bow down about the German tank corps being really do that? before the greatness of the Iranian na- unstoppable except for there was some The nations that depend on us will tion and surrender. If you don’t accept problem. They didn’t have the right say, Oh, we can’t count on them for a to do this, the Iranian nation will later type of spare fuel tank or something, nuclear umbrella. force you to surrender and bow down. and it was a big problem because they They’re liable to increase. Now, that makes me a little nervous hadn’t gotten the right kind of gas can Then the Third World country that given the fact that Iran has recently to go along with their tanks. It was may decide it wants to cause us a lot of begun to enrich uranium really beyond some small detail. I yield. trouble or to blackmail us says, Hey, 20 percent now, which is four times the Mr. BISHOP of Utah. As we move for- the way we can do that is the U.S. is necessary enrichment percentage for ward with this proposed treaty, but disengaged. We need to jump in and peaceful purposes, and it puts them at also as we look to the overall military really develop our nukes. about 90 percent of the way there for budget, which, I think, is what you’re So how do we get to this ‘‘wonderful being able to have fissile material for talking about as well and especially world’’ without nukes? nuclear weapons. our missile defense, let us make sure The second point is: How much do So I just have to say it’s a difficult that we have not left some detail un- you trust Russia? Even if you do, how thing, especially difficult for me in covered. I hope that, in the future, about all of the other countries? some ways, because I stood at that po- they’re not writing those ‘‘what would The third point is: Why do we con- dium there 5 years ago, and I called have been’’ books about the United nect missile defense to the nuclear pos- upon the country to refer Iran to the States because we simply failed to be ture? Missile defense is simply a way of Security Council. The guess is, at that prepared and because we failed to look making our Nation more secure. Why time, they had probably less than 164 at the details of our situation. would we freeze that? centrifuges, and now they have 8,000. Of So I appreciate the gentleman for The fourth point is: Why would we course, as my good friend from Mis- bringing this issue to the floor. It is a want to limit further nuclear develop- souri knows, 3,000 is the commonly ac- significant issue, and it’s one that this ment? We’ll get on to that in a minute cepted figure for a nuclear enrichment Nation should take seriously—looking with my good friend from Arizona. program that can be used as a platform at how we’re dealing in the future not Then the last question is: Why are we for a full-scale industrial program ca- just with our nuclear posture but also going to do what Ronald Reagan said pable of churning out dozens of nuclear with our missile defense posture. In- you should never do, which is to dis- warheads per year. deed, if we’re going to have to spend al- cuss what-ifs? I think if we’re attacked I guess I’ll yield back here, but I most billions of dollars to maintain, by a foreign nation and it does us would say this: what we are really fac- that’s money that comes out of the harm, it doesn’t need to know exactly ing with Iran is a jihadist nation with combat veteran and the combat ground what we’re going to do. Everything leaders who threaten the whole world, forces that we have. That also is unac- should be on the table if you endanger who threaten the peace of Israel, who ceptable. U.S. citizens. Yet this treaty is going threaten to wipe them out. It is now So I appreciate being allowed to par- to say, Well, if you do this, we won’t do developing an industrial base to make ticipate with you for a short period of this, this and this. dozens of nuclear warheads in the fu- time. Why do we want to try and spell that ture. Mr. AKIN. Well, I very much appre- out? I know people say, Well, that’s over a ciate your perspective and the clarity So those are five concerns that I year away or 2 years away or 3 years with which you make your points. want to make sure that we discuss away. Well, let’s pretend for a moment The Congress is a richer place be- today, and I want to recognize my good that that’s correct. I’m not sure that cause of Congressman BISHOP and his friend from Arizona, Congressman having something that will change the service to us. FRANKS. world that dramatically and then all of We are joined by another good friend Mr. FRANKS of Arizona. Well, I humanity that significantly which is who is probably one of the foremost au- thank the gentleman for yielding. only 2 or 3 years away is cause for cele- thorities on missile defense, my good You know, I’ve been trying to follow bration. It’s especially concerning friend from Arizona, TRENT FRANKS. some of the conversation here, and I when you consider the fact that, Before we jump into that, I thought I think that everything you’ve said has a throughout history, especially in the might just give a couple of points to profound significance, and I appreciate case of, say, like North Korea, our recap and to focus our discussion here it. timetables have always been wrong. this evening. We are talking about two I know this is a general discussion We’ve always thought, well, it was different things that have been going about missile defense, about our nu- going to take them a lot longer than it on in the news. clear posture and about the concerns did. Anyway, at this point, I would just The first is the question of the Nu- that we have related to Iran. The re- suggest to you that, I think, this is a clear Posture Review, or the NPR, cent summit that was here in Wash- profoundly significant issue.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2571 I yield back to my friend, the gen- vice, a small one, on a bomb that goes into a place of such vulnerability that tleman from Missouri. way down in the Earth, and it explodes. our capacity to respond to these Mr. AKIN. Well, I thank you, gen- Now, anything radioactive stays down threats in the future will be demon- tleman. in the Earth, but it creates enough strably diminished. And when it comes I’d like to just pick up on a couple of concussion that it basically shakes to the growing incontrovertible danger the themes that you’ve mentioned. those tunnels and collapses those infra- of a nuclear-armed Iran, I would just You’ve used this phrase frequently. I structures. tell my good friend that this Obama don’t know if you coined it, but I think That is an example of where we administration has been asleep at the of it as something that you authored. I might want to develop a new nuclear wheel. guess you could almost think of it in device because of a problem that we Mr. AKIN. That is really, really a terms of planets and astronomy, which have, and yet we wouldn’t be able to do frightening prospect. The thing that I is, when you get a juxtaposition of two that with this negotiation. So are you find interesting about this, what we things, the first thing you’re talking concerned about that? Have you given are doing is we are reducing our de- about is the development of nuclear that some thought? fense spending. Here is a chart of the weapons, and the second thing is that Mr. FRANKS of Arizona. Well, cer- budget that would reduce our national it’s in the hands of a terrorist state. tainly, I am, and I thank the gen- defense spending. These are numbers We already have nuclear weapons. We tleman for yielding. that were released by the Obama ad- have terrorist states, but we haven’t The RNEP, or robust nuclear Earth ministration. This is the 45-year aver- seen the eclipse of when those two penetrator, which you mentioned, was age at 5.3 percent. And what you can things come together. You’re talking something that many of us advocated see is it is being reduced here. about that as being a very destabilizing for in the past because we wanted to Now, the thing that is amazing, this situation in the world, a situation that make sure that we could hold assets wouldn’t be so troubling to me if it threatens the lives of at least thou- like Natanz or the facility at Qum in weren’t for the fact if you took a look sands, perhaps many millions, of peo- Iran. We wanted to be able to be sure at what rate we are spending money. ple; and it is a nation that has a his- that we could hold that at risk so that Bush’s worst spending year was 2008 tory of essentially blackmail. So when they didn’t think that they could build under the Pelosi Congress here. 2008. you put that kind of combination to- nuclear weapons without any danger to And that was about $450 billion he gether that you’re talking about, we’re them. This is a particularly significant spent that we didn’t have, which put talking about a very significant inter- situation, so I couldn’t agree with you us, that is about 3.2 percent of gross do- national kind of crisis that we have to more. mestic product. This last year, 2009, in- be prepared for. Of course, you mentioned missile de- stead of being $450 billion, it was $1.4 Now, they also have to be able to defense. You’re talking about the deliv- trillion in spending that we didn’t liver that weapons system. That’s an- ery mechanisms as far as where the have. That was more than a three other thing that you’re really an ex- bomb goes off. That’s a very, very im- times increase over Bush’s worst pert on, which is that ballistic missile portant point; but there is another one, spending. And that goes up to 9.9 per- defense is also coming in. There are which is the timing. That’s being able cent of GDP, which is the highest level people who say you can just put this to deliver something realtime, in other since World War II. stuff in a suitcase and smuggle it into words, on demand. See, that’s what So we are spending money that we town. So who cares about ballistic mis- gives them a strategic capability, don’t have at an incredible rate. Take siles or ballistic missile defense? Yet, which is if they can say, Okay, your a look at what is happening to defense as you know, these nuclear weapons city—New York, or whatever it might here. This is a wrongheaded set of pri- have to be delivered in some way, and be—is 30 minutes from our ICBM capa- orities and very troubling. I have my there are different ways to deliver bility, and it’s always aimed at us. good friend from Texas, Congressman them. GOHMERT, who is joining us. I know b 1845 One of them, of course, is to put that you have taken a look at a num- them way up in the atmosphere, and See, if we have nuclear missile de- ber of these different issues and ques- they go off and take out all of your fense capability, then it is no longer as tions. Please jump in and point out communications. Another one, of much of a strategic threat and it de- your own perspective. course, is to bring them over a city values that program pretty profoundly. Mr. GOHMERT. Well, we do have the where they go off and they kill many And when a country like Iran, that is danger of Iran about to go nuclear at more people than if they were sitting facing great dangers from the outside the same time, as you all have pointed on the ground. So there are combina- world anyway if they become nuclear out, that our President cancelled what tions of those things, and those are all armed like Israel or others, then per- took so long and took such great effort things that you have studied and have haps that becomes a part of their cal- by so many, including our friends in taken a look at, and all of them are culus, and perhaps it keeps them from Poland, to establish this missile de- bad medicine. moving forward with their nuclear fense that was going to be built. That What concerns me particularly is the power program in the first place. got cancelled. That was going to help reckless course of this administration Unfortunately, this administration, protect us. That was going to help pro- as it’s making these grandiose kinds of and you know, I just got to tell you, tect our allies. ‘‘we’re going to make the world a safer this administration cancelled our ef- I just want to read here some of the place’’ ideas by disarming and by say- forts in Europe to be able to have the comments that have been made. Presi- ing, We’re not going to be developing capability to interdict missiles coming dent Barack Obama said on November missile defense and by saying, We’re from Iran, whether it was going to be 7, 2008, ‘‘Let me repeat what I stated not going to develop any new use of nu- to protect our forward deployed troops, during the course of the campaign. clear things. or to be able to protect Europe, and Iran’s development of a nuclear weap- One thing we’ve not yet talked about certainly if they gain the ICBM capa- on, I believe, is unacceptable.’’ He said on the floor—and you can jump in on bility, to protect the United States. on October 20, 2009, that the bond be- this if you’d like—is that we’ve got And it is astonishing to me that we did tween the United States and Israel is North Korea and Iran, both of which that, because we have no system that much more than a strategic alliance. are pretty good at digging tunnels. can really be built in time to go into And then you look at what They take their capacities and put their calculus in the meantime. Ahmadinejad has said. He said in 2005, them way underground. You can drop So while some of the greatest secu- quote, ‘‘God willing, with the force of conventional bombs on them, and noth- rity threats in a generation are coming God behind it, we shall soon experience ing happens because they’re down in up on our generation, the Obama ad- a world without the United States and the Earth that far. The only way to ministration seems to be busy insult- Zionism.’’ He also said that Israel was stop that is probably with some new ing our friends and emboldening our to be wiped off the map. He said, ‘‘Like type of device called a nuclear Earth enemies. And all the while taxing and it or not, Israel is heading toward anni- penetrator where you put a nuclear de- borrowing and spending our economy hilation.’’ He also said, ‘‘Today, the

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The poem is brief, but it reads as unilaterally while Iran—we are talking the world. follows: about maybe some sanctions, like The Americans gathered tonight here They come from depths upon the sur- maybe that will work as well as it did in Congress, and in my home commu- face against Iraq? It didn’t work because nity, and the 9 million Americans of The only tribute on their graves. people cheated. Polish descent across our Nation, in They are attesting God will count Russia and China have said, hey, places as far flung as Chicago, Detroit, Extend his mercy upon them. we’re making a lot of money selling to New York, Toledo, Las Vegas, in places But how to raise from the dead these folks right now. We’re not sure like Pittsburgh and Philadelphia, and If they’re a clammy piece of earth. we’re getting on board with this. And indeed in Colorado and Texas, from A bird flew over, a cloud is passing all the while those centrifuges are just coast to coast Americans are united in A leaf is dropping, a mallow grows a spinnin’. They are spinnin’ while our mourning and in the encourage- Heavens above are filled with silence we’re all here talking. And we’re comment that we wish to share with the The Katyn Forest smokes with fog. ing closer to the day when people of Poland in these dark hours. Only the buttons did not yield Ahmadinejad will be able to try to Today the House passed unanimously Powerful voice of silenced choirs, keep his promise, all while we are dis- House Resolution 1246, originally intro- Only the buttons did not yield arming. It makes no sense. We took an duced by Congresswoman KATHY Buttons from coats and uniforms. oath to provide for the common de- DAHLKEMPER of Erie, Pennsylvania, an- I would like to yield to the gen- fense. It is high time we did that. other community with thousands of tleman from Indiana (Mr. DONNELLY) Mr. AKIN. I thank the gentleman for Polish Americans. And for that pas- who was proudly here today to cast his joining us. Thank you, Mr. Speaker. I sage, the ambassador from Poland, Am- vote for the resolution for such time as look forward to seeing you next bassador Robert Kupiecki, sat in the he may need. Wednesday. gallery as each vote ticked off. And it Mr. DONNELLY of Indiana. I want to thank my good friend from Ohio. f passed overwhelmingly, with over 400 votes. That was an exceptionally emo- Mr. Speaker, I rise today in remem- RESIGNATION AS MEMBER OF tional moment for me, as we as a Na- brance of the 96 people who died so COMMITTEE ON AGRICULTURE, tion mourn the death and terrible loss tragically in the plane crash near Smo- COMMITTEE ON THE BUDGET, of life that the Nation of Poland is lensk, Russia, on Saturday, to stand AND COMMITTEE ON TRANSPOR- bearing. here in solidarity with the Polish peo- TATION AND INFRASTRUCTURE The resolution expresses its deepest ple during their time of immense loss. The SPEAKER pro tempore (Mr. sympathies to the people of Poland and This is a time of sorrow for both our TEAGUE) laid before the House the fol- the families of those who perished for nations. And I extend my deepest sym- lowing resignation as a member of the their profound loss. The resolution ex- pathy to the Polish people. Committee on Agriculture, Committee pressed strong and continued solidarity The plane crash near Smolensk took on the Budget, and Committee on with the people of Poland and all per- the lives of many of Poland’s leaders Transportation and Infrastructure: sons of Polish descent, and expressed traveling to memorialize the 70th anniversary of the Katyn Forest massacre, HOUSE OF REPRESENTATIVES, unwavering support for the Polish Gov- Washington, DC, March 25, 2010. ernment as it works to overcome the as my good friend from Ohio had men- Hon. NANCY PELOSI, loss of many of its key officials. And tioned, where during World War II the Speaker of the House, we know that Poland will prevail. Soviets executed approximately 22,000 The Capitol, Washington, DC. It is important to place on the record Polish servicemembers, public serv- DEAR MADAM SPEAKER: Due to my recent also that the plane that crashed in the ants, and citizens. Sadly, that site now appointment to the Committee on Energy Katyn Forest, an area that embraces claims the blood of more great Poles. and Commerce, I hereby announce my res- the collective tragedy of Poland’s pre- Killed on Saturday were President ignation from the Committee on Agri- Lech Kaczynski, the First Lady, the culture; Committee on the Budget; and the cious leaders. In the most morbid of Committee on Transportation and Infra- ironies, the doomed plane was flying to governor of Poland’s central bank, 12 structure. Russia to commemorate the 70th anni- members of parliament, four generals, Sincerely, versary of the Katyn massacre, when many other key leaders, and great Pol- ROBERT E. LATTA, more than 22,000 Polish officers, intel- ish citizens such as Anna Member of Congress. lectuals, leaders from all walks of life Walentynowicz, the labor activist The SPEAKER pro tempore. Without were summarily murdered at the hands whose firing at the Gdansk shipyard objection, the resignation is accepted. of Joseph Stalin and the Soviet Army helped spark the Solidarity strike. There was no objection. in and around Katyn Forest during President Kaczynski was a great f World War II. Their bodies were buried leader of Poland and a close, important and the truth hidden for seven decades. friend of the United States. The son of COMMEMORATING THE POLISH That is the truth of their slaughter. Polish freedom fighters, Lech NATION That history still must be made whole. Kaczynski was an active leader within The SPEAKER pro tempore. Under And I know that on May 5, in a the Solidarity movement for demo- the Speaker’s announced policy of Jan- strange twist of fate, at the Library of cratic reforms in Poland, which even- uary 6, 2009, the gentlewoman from Congress, with the help of the tually led to free elections on June 4, Ohio (Ms. KAPTUR) is recognized for 60 Kosciuszko Foundation, there had been 1989. minutes as the designee of the major- planned a special all-day seminar, Elected President in 2005, President ity leader. which will continue, on the Katyn mas- Kaczynski was a tireless advocate for Ms. KAPTUR. I thank you, Mr. sacre. I think that it will be even more stronger ties with the west and expand- Speaker, and thank my colleagues who well attended than was originally an- ing NATO membership in Eastern Eu- are joining us this evening, including ticipated. We thank the Library of rope. He strengthened the cooperation Congressman JOE DONNELLY of Indiana, Congress, its director, James between Poland and the United States, as we begin this special order com- Billington, and the Kosciuszko Founda- and his loss will be felt both in Poland memorating the Polish Nation during tion from New York for their presence and here in America. its days of deepest mourning and the and their leadership in this effort. Mr. Speaker, during the time of loss magnificent people of that country. Before I turn to my colleagues who for the Polish people, I believe it is es- As we speak here tonight in this are on the floor tonight, let me just pecially important that the United hour, in my home district of Toledo, read a brief poem called ‘‘Buttons’’ by States work closely with the people of Ohio, the Polish community has gath- Zbigniew Herbert. What it talks about Poland on issues of mutual importance

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Chesterton reflecting upon the pledging continued solidarity with the what happened in Poland, we also expe- value of an ally. He said, ‘‘There are no people of Poland and persons of Polish rienced during this period now a peace- words to express the abyss between iso- descent. ful transition of government. Accord- lation and having just one ally. It may ing to their constitution, as the Speak- be conceded to the mathematicians b 1900 er of their Parliament, Bronislaw that four is twice two. But two is not Let us use this tragedy as an oppor- Komorowski assumed the office of twice one; two is two thousand times tunity to recognize and celebrate the President. And we can see through the one.’’ friendship between our two nations. As magic of television thousands of Poles I think in a sense throughout history we know, Poland and the United States paying their respects to their lost when we have had a firm knowledge have had a long and important friend- President and First Lady in front of that Poland stood with America for the ship based on solidarity together. In the Presidential Palace, and it’s all cause of freedom it always made us feel fact, at our Nation’s very birth, peaceful in that great liberty loving like we were outnumbered, whoever Kazimier Pulaski, the great Polish cav- land of Poland. And as the gentleman was before us, and there can sometimes alry officer, helped lead Americans in from Indiana has well stated, freedom- be a tendency among those of us in victories over the British and saved the loving people who saw their nation public service to focus our attention al- life of George Washington. Polish wiped off the map of Europe for over a most exclusively on the bad things Americans have contributed to the rich hundred years and then during World that are happening all around us and fabric of our Nation both throughout War II their nation partitioned and all the wrongs that need to be righted. our history and today as vibrant and then the great struggle that they en- But sometimes in doing so, perhaps we accomplished Americans, proud of dured beginning with labor strikes dur- occasionally lose sight of all the good their heritage and proud of their cul- ing the 1950s in places like Poznan to things, the friends that we have in the ture. begin to try to roll back that Iron Cur- world that share our common commit- To my good friend from Ohio, as you tain, we are just so proud to be an ally ment to the ideal of freedom for every- have so many wonderful Polish-Amer- of this great Nation of Poland. one. And truly the United States has ican communities in your district, in I yield to the fine Member from Ari- and has always had that kind of an ally my district, South Bend, Mishawaka, zona, Congressman TRENT FRANKS, a in the nation of Poland, a friend that Michigan City, La Porte, all of those leader in defense issues and so many has continuously provided strong sup- wonderful cities in Indiana are home to other issues, who has come to the floor port to the United States both dip- over 10,000 Polish Americans, and many tonight to pay tribute. lomatically and militarily. more Hoosiers can trace their roots to Mr. FRANKS of Arizona. I thank the And, of course, as both of you have Poland and many more Hoosiers gentlewoman so warmly. said, it’s a tragic irony that those on throughout my district can trace their It’s very difficult for me to add any- board the Polish air flight were on roots to Poland. thing to the very touching words of the their way to remember another dark Poland is a crucial American ally. gentleman from Indiana and from the day in their nation’s history 70 years The role of Solidarity, led by Lech very kind and loving words of the gen- ago when 20,000 of their precious prede- Walesa, and the support of Pope John tlewoman from Ohio. This is one of cessors of Poles were brutally killed by Paul II were instrumental in bringing those issues, obviously, where we stand a Communist regime. But because of about a peaceful end to the Cold War together, and it transcends any polit- those experiences, the people of Po- and an end to communism in Europe. ical parties. And tonight we mourn land, including President Lech Since the fall of the Iron Curtain, Po- with Poland because they have shown Kazczynski, who from a young age land has worked closely with the themselves to be some of the most fought against the forces of com- United States, joining NATO in 1999, brave, noble people in the history of munism within Poland, they have been contributing troops to the wars in Iraq humanity; and I can’t express just, as a freedom-loving people who under- and Afghanistan, and agreeing to co- with you, how we are all deeply sad- stand as well as perhaps anyone what it operate with us on missile defense. Po- dened by the tragedy that has befallen means for a brutal regime to attempt land has instituted modern democratic them. forcibly to suppress the light of liberty, and capitalist reforms, opening their Now, just this past Saturday, of and that shared value goes to the heart country, economy, and their hearts to course, it doesn’t seem like it could of what our Founding Fathers in Amer- the world. have happened that recently, but we ica believed when they established this Mr. Speaker, let us remember those were all stunned when the Polish Air great Nation. who perished in this past weekend’s Force flight carrying 96 passengers, of So, Mr. Speaker and the gentle- tragic disaster, and let us honor their course including the Polish President, woman from Ohio and the gentleman lives and their contributions by con- Lech Kazczynski, and his wife, Maria. from Indiana, I just want to stand with tinuing America’s strong and unbreak- They went home together. The Polish you and hope all of us take time to re- able friendship with Poland for all the Military Joint Chiefs of Staff, the head member this steadfast alliance between years to come. of Poland’s National Security Bureau, Poland and the United States of Amer- Ms. KAPTUR. I thank the gentleman and numerous other Polish public serv- ica. They are our friends, and the fami- for his very, very heartfelt remarks ants, all of them crashed and their lies of those on board the crash we this evening and for taking time after lives ended suddenly, and I suppose it’s know tonight mourn the premature such a busy day to pay tribute to the a reminder to all of us of our own mor- death of their loved ones. But every nation of Poland and the people of Po- tality and also a reminder to us of how American stands together with them in land and citizens from his district and difficult it is to lose people that have saying that the nation of Poland and for sharing their grief and for offering led such a noble country. those most directly affected by this a word of hope and encouragement for Now, of course, it’s impossible for tragedy remain deeply in our prayers. the future. We thank you so very much any of us to stand here and say any- God bless Poland and God bless both for your participation. thing that will really make sense of of you. Mr. DONNELLY of Indiana. It is a such an unexpected tragedy. But as Ms. KAPTUR. Congressman FRANKS, bond of friendship that has been Americans continue to stand in soli- I want to thank you so very much. I strengthened year after year, born in darity with the Polish people and with know what a long day you have had. Poland’s struggles and America’s the families and friends of those taken You began on C–SPAN this morning, I struggles, a bond of solidarity that can all too soon by Saturday’s crash, per- believe, and you have worked way over

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And when helped at this very, very weighty mo- love from the American people to the that happened, the whole world ment to be healed by your words, by Polish people is a bond that will only changed. the words of Congressman DONNELLY. be strengthened by this great tragedy. And it wasn’t too long after that that Today, we were all a part of that I wanted to also place on the RECORD, a strike at a shipyard in Gdansk again very, very important moment when the if I could, this evening a poem by changed the face of the world, and that congressman from Chicago, Congress- Andrzej Wajda, who is a Polish the courage of those workers and the man DAN LIPINSKI, who co-chairs the filmmaker, about Katyn where the past strength of their belief in freedom and Polish Caucus in the Congress, asked generation and this generation of Poles the Pope’s keeping an eye on them, so for a moment of silence, and Speaker has now paid the greatest price: to speak, helped change the entire PELOSI was at the rostrum, and the en- ‘‘There are no Great Walls there at world again; where you heard so many tire Chamber rose above partisanship. Katyn, times that the Iron Curtain could It was just the expression of the Amer- No towers leaning or not leaning, never be broken, that the Soviet Union ican people, as the Ambassador from Declaring some king’s success would never change, that Poland was a Poland, Robert Kupiecki, was in the Or mocking another’s failure, smaller nation than the Soviet Union gallery, and we remembered those No gleaming cathedral where and would never have a chance to see who’d lost their lives. And we prayed You can pray for forgiveness their spirit of democracy bloom and for the strength of Poland today, for Or watch the cycle of shadows play flower. the courage of her people to endure. Through the coolness of the day, But the determination of the people As we were expressing that respect, I And soon not even the names of that country could not be denied, kept thinking to my last trip to Po- Of those who died will be remem- and their example led to the Berlin land, which was last August, and I have bered, Wall coming down, led to country after traveled there for many, many decades Names like Skrzypinski, Chmura, country getting their own freedom and when it was under Communist control, Or Anthony Milczarek. their own democracy. And it was all and I remember how the people—how Their harsh voices and tearing cour- started in a shipyard in Gdansk by the their faces, their eyes, their expres- age Polish nation who believed in a cause sions were. And then in 1989 when the Are already lost in the wind, that was right, in a cause that was Berlin Wall came down, traveling to But their true monuments just, and believed that we are all crea- Poland and seeing this moment of pos- Will always be there, in the dust tures of God, and God has given us that sibility and the anxiousness at that And the gray ashes and the mounds opportunity to have freedom. And be- particular period, and then to travel Settling over the bodies over which cause of that, the whole world changed there last August and to see a new gen- No prayers were ever whispered, because of the strength of the people of eration of Poland. I get pretty emo- No tears shed by a grieving mother Poland. tional thinking about it. Or a trembling sister.’’ And so tonight, as we stand here in And to see their eyes, the eyes of the This team of Polish leaders jour- our own beloved Capitol of this Nation young people who are going to be the neyed to Katyn, Russia, in order to we love so much, we want all of our leaders of the 21st century and they begin to unravel this story of where friends of Polish heritage to know and have been raised in a free country for history lived that for seven decades, all of our friends who are in Poland to the first time in over a century. And three-quarters of a century, was de- know that we stand together with they have the same possibility as the nied. And I have to say that the Prime them, that we are as one, and that they Poles who right after World War I at- Minister of Russia, Vladimir Putin, is can always count on our being there tempted to build a free country, and to be commended royally for his atten- whenever needed. then it was taken away from them by tion to what happened and, in addition Ms. KAPTUR. The gentleman’s words Nazi and Soviet aggression. So this is to that, for having the courage to look are so eloquent. And I am reminded really the first generation. history in the eye and not be afraid of that in the resolution that was passed And to see in 20 years the look of it and to know that we are living in a this afternoon here in the Congress, hope in those young people’s eyes, I new millennium and to allow the film one of those who lost her life on that shall never forget it. And it told me Katyn by Andrzej Wajda to be shown plane was Anna Walentynowicz, who’s that the world had progressed and that on television in Russia before the crash the former dock worker whose firing in Poland had progressed and her deepest- and then after. 1908 sparked the solidarity strike that held dreams lived in these young peo- ultimately overthrew the Polish com- 1915 ple. b munist government, and of course she So I wanted to put that on the record And so to make history right, and was killed in the crash as well. tonight and also to mention that the President of Russia, Mr. Medvedev, And last August, when I traveled to many, many Members, certainly the to be able to move on and to work to- Poland, one of the cities we visited was Speaker, the Vice President, Secretary gether with the deep heritage that our Poznan, and what was—there were of State, Members of our House, like peoples all have together and to use many, many moments that were mem- Congressman QUIGLEY, have worked our power to make the world a better orable, but I can remember standing their way to the Polish Embassy to place, what a moment for all of us to near the town square and seeing very sign the book of mourning that is at be living, and an opportunity, a set of huge, huge crosses, metal crosses that the Embassy for interested members opportunities that should not be lost. had rope bonds around them, and un- and citizens. And I would like to yield back to my derneath it, the years 1956 through the The Polish Embassy is overwhelmed friend from Indiana (Mr. DONNELLY). late fifties, through the sixties, with the outpouring of support and Mr. DONNELLY of Indiana. In listen- through the seventies, all of the strikes friendship of the American people. The ing to your comments, what continues and protests inside of communist Po- street, 16th Street, just north of Du- as a theme throughout all of this is the land that ultimately, in 1980 and dur- pont Circle, where the Embassy is lo- unbreakable spirit of freedom of the ing the decade of the 1980s, then erupt- cated, the whole entire front is full of Polish nation; that, despite some of the ed. flowers and candles. Americans were most harsh treatment from other coun- But the courage, the progressive walking by. They were attempting to tries, some of the most difficult chal- courage, decade after decade after dec- gain entry to the Embassy to express lenges ever faced, their strength, their ade, at, obviously, threat to loss of their sorrow. It was quite a powerful courage, their determination changed their own life and loss of their own life, sight to behold. the face of the world. the people of Poland trying to build a

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2575 solidarity movement to change life in tually tell the history of the millions gauntlet and help Poland continue the that part of the world was an extraor- of Poles who were relocated during effort to remember, to restore her ar- dinary story. It’s a story of great her- World War II from the eastern half of chival collections, to try to make and oism. And I think the gentleman re- Poland and sent to concentration honor those who lost their lives under minds us of the price that has been camps and labor camps in Siberia and such horrendous circumstances over 70 paid by the people of Poland for their points east as the Red Army assumed years ago, and that the ground that liberty. control of the eastern half of Poland. now is sacred because of additional Mr. DONNELLY of Indiana. And I There were lives, hundreds of thou- lives lost as well as those in the past think back of all the incredible accom- sands upon thousands of lives lost. has special meaning in the world plishments that have occurred because And he writes the following: What today, and that we need to remember of that desire for freedom, that rec- has happened is a black day for Poland and we need to account for every lost ognition that each human being is spe- and for her children around the world, life. America can help in this cause. cial and that God has given us those including all of us at the Kresy-Siberia And another letter that was sent rights. And that’s why Lech Walesa Foundation who are working for the re- from Alex Storozynski, who’s president stood up and said, Enough. membrance and recognition of our col- and executive director of the In my own district, on the West side lective history. Kosciuszko Foundation based in New of South Bend, also Saint Adalberts, Those who perished were all leaders York writes: which is the central—one of the central in the nation’s quest for remembrance ‘‘Dear friends, points of the Polish communities in and identity. Many were close friends ‘‘As we mourn the loss of President South Bend, and in Michigan City, of the Kresy-Siberia Foundation, and Lech and Maria Kaczynski and their Saint Stanislas Kostka, which is an- among those we have lost are two of talented delegation of leaders, we must other central point where the commu- the honorary patrons of the Kresy-Si- make sure that these deaths were not nity today is as strong and as vibrant beria Virtual Museum: Ryszard in vain. as ever and has a very heavy heart this Kaczorowski, the last Polish President- ‘‘After a coverup, the Katyn Mas- week after what has happened, after in-Exile, and Janusz Krupski, Ministry sacre which lasted for decades, today seeing folks they care so much about for Veterans and Repressed Peoples. the truth about Katyn was on tele- be in such a terrible, terrible accident, Our first important backer, Mr. vision and page 1 news around the a terrible loss. And their tremendous Maciejski, who’s President of the Inota world. pride in their American heritage and Polska, which is the Polish Union As- ‘‘As the anthem says, ‘Poland has not their Polish heritage has led those sociation, who had the courage and vi- perished while we are alive.’ communities to be such bright lights in sion to be the first major sponsor of ‘‘President Kaczynski and his Cabi- my State and, I know, in Ohio as well. our virtual museum and whose organi- net presided over a period of pros- Ms. KAPTUR. You know, Congress- zation now hosts our office in Warsaw. perity, and today Poland has the 18th man DONNELLY, when we think back to He also says, Janusz Kurtyka, presi- largest economy in the world, a free Poland’s history during World War II, dent of the Institute for National Re- press where people can speak their no nation lost a higher percentage of membrance, who headed one of our minds, and a stable democratic system its people. Twenty percent of the popu- foundation’s most important partners, where voters elect their leaders. ‘‘These are great strides made by our lation of Poland was eliminated. And Andrzej Przewoznik, who’s Secretary fatherland over the past 20 years and the strength that it took to survive overseeing the Council for the Protec- we should all be proud. So wherever that and to endure, history should well tion of Memory of Struggle and Mar- you are, go visit a Polish Consulate, a note the dismembering of their nation tyrdom, an important friend and col- Polish church, a Polish club, or a Pol- and their ability to prevail and ulti- laborator of the Kresy-Siberia Founda- ish cultural center and share your con- mately then, in the fifties and sixties tion, and of course he references Presi- dolences. But remember to count your and seventies and eighties, they come dent Kaczynski and his wife, Maria, blessings as well.’’ from a heritage of great suffering and who were both aware and very sup- I thought that was a beautiful call to great triumph. portive of the foundation’s efforts. action here in the United States and Mr. DONNELLY of Indiana. And to a And then he recognized the scores of abroad. community where Easter is such a spe- leaders of the Siberian Association, the Congressman DONNELLY, please. cial event and to have this happen so Katyn Families Association, the Mr. DONNELLY of Indiana. I just shortly after Easter, in Rolling Prairie, Golgotha of the East Foundation, and want to thank my good friend from a little town just outside of South all our friends and colleagues drawn to Ohio for letting me be part of this. And Bend where there is also another Saint the common flame of Katyn and all to the nation of Poland, our hearts and Stanislas Kostka, where Easter is cele- lost in the flames of the presidential our sympathy are with you at this brated as something not only very im- jet crash. very, very difficult time. portant spiritually, but also to the Pol- The tragic irony of this circumstance Ms. KAPTUR. I thank Congressman ish community as well, to have this is not lost on us. Like the cream of the DONNELLY for joining us this evening, happen so shortly after that may have Polish nation murdered 70 years ago and Congressman FRANKS from Ari- made the pain even more difficult. and who the presidential party was en zona, Congressman DONNELLY from In- But what the people of Poland know route to commemorate at Katyn, an diana, Congresswoman KAPTUR from is that they have suffered and strug- entire leadership group of our nation Ohio. To all of our colleagues from gled before, and from each time they has been lost to us. Literally, the en- across this country, and certainly from deal with struggling and suffering, tire chiefs of staff of the Army, Air the Polish American Caucus here in they come out stronger and they come Force, Navy have all perished, along the Congress—Congressman LIPINSKI, out as a nation more united every with scores of parliamentarians, gov- Congressman DINGELL, Congressman time. And so from this pain, from this ernment officials, religious leaders, CHRIS MURPHY, Congressman MIKE sorrow will come comfort and the un- and historical activists like us. QUIGLEY of Chicago, Congressman DEN- derstanding and knowledge of all the We Poles will recover, for as a nation NIS KUCINICH of Cleveland, Ohio, Con- friends that the nation of Poland has we always have, but we have lost a gresswoman MARCIA FUDGE of the same throughout the world. And that, we strong core of our most passionate and region—all of us are united in our com- hope, can be of some comfort. historically aware patriots. We are in mon grief as well as common hope that Ms. KAPTUR. I thank you for your shock and mourning. Our thoughts and the future of Poland in this millennium words and compassion; and, in a simi- prayers are with the nation and with will be very bright, and America stands lar vein, wish to place in the RECORD the families of those who lost their with you at this very historic moment. two letters that have been issued relat- loved ones. May Poland and all her This is a black day for Poland and for her ing to this tragedy. One is from Stefan children around the world rally in children around the world, including all of us Wisniowski, who is the President of the unity at this tragic blow. at Kresy-Siberia who are working for the re- Kresy-Siberia Foundation. This par- And I would hope that the United membrance and recognition of our collective ticular foundation is trying to vir- States of America would take up the history.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2576 CONGRESSIONAL RECORD — HOUSE April 14, 2010 Those who perished today were all leaders After a cover up of the Katyn Massacre, marks and include extraneous mate- in the Nation’s quest for remembrance and which lasted for decades, today the truth rial:) identity. about Katyn was on television—and page-one Ms. ROS-LEHTINEN, for 5 minutes, Many were close friends of the Kresy-Sibe- news around the world! today. As the anthem says, ‘‘Poland has not per- ria Foundation, and among those we have f lost are: ished while we are alive.’’ Two of the Honorary Patrons of the Kresy- President Kaczynski and his cabinet pre- SENATE BILL REFERRED Siberia Virtual Museum; Ryszard sided over a period of prosperity, and today A bill of the Senate of the following Kaczorowski, the last Polish President-in- Poland has the 18th largest economy in the title was taken from the Speaker’s Exile, and Janusz Krupski, Ministry for Vet- world, a free press where people can speak table and, under the rule, referred as erans and Repressed Persons. their minds, and a stable democratic system follows: Our first important backer, Maciejski, where voters elect their leaders. S. 1749. An act to amend title 18, United These are great strides made by our father- President of the ‘‘lnota Polska’’ (Polish States Code, to prohibit the possession or land over the past 20 years and we should all Union) Association, who had the courage and use of cell phones and similar wireless de- be proud. So wherever you are, go visit a vices by Federal prisoners, to the Committee vision to be the first major sponsor of our Polish Consulate, a Polish church, club, or on the Judiciary. virtual museum and whose organization now cultural center and share your condolences. hosts our office in Warsaw. But remember to count your blessings as f Janusz Kurtyka, President of the Institute well! for National Remembrance, who headed one All the best, ENROLLED BILLS SIGNED of our Foundation’s most important Part- ALEX STOROZYNSKI, ners. President & Executive Director, Lorraine C. Miller, Clerk of the Andrzej Przewonik, Secretary overseeing The Kosciuszko Foundation. House, reported and found truly en- the Council for the Protection of Memory of rolled bills of the House of the fol- f Struggle and Marytdom, an important friend lowing titles, which were thereupon and collaborator of the Kresy-Siberia Foun- SPECIAL ORDERS GRANTED signed by the Speaker: dation. By unanimous consent, permission to H.R. 4573. An act to urge the Secretary of President Kaczyski and especially Mrs. address the House, following the legis- the Treasury to instruct the United States Kaczyska, who we met in Warsaw last Sep- lative program and any special orders Executive Directors at the International tember, who were both aware of and very heretofore entered, was granted to: Monetary Fund, the World Bank, the Inter- supportive of Kresy-Siberia. (The following Members (at the re- American Development Bank, and other Scores of leaders of the Siberian Associa- quest of Ms. WOOLSEY) to revise and ex- multilateral development institutions to use tion, the Katyn Families Association, the tend their remarks and include extra- the voice, vote, and influence of the United Golgotha of the East Foundation, and all our neous material:) States to cancel immediately and com- friends and colleagues drawn to the common Mr. SKELTON, for 5 minutes, today. pletely Haiti’s debts to such institutions, flame of Katyn and all lost in the flames of Ms. LEE of California, for 5 minutes, and for other purposes. the presidential jet crash. today. H.R. 4887. An act to amend the Internal The tragic irony of this circumstance is Ms. WOOLSEY, for 5 minutes, today. Revenue Code of 1986 to ensure that health not lost on us. Ms. BERKLEY, for 5 minutes, today. coverage provided by the Department of De- Like the cream of the Polish nation mur- Ms. SUTTON, for 5 minutes, today. fense is treated as minimal essential cov- dered 70 years ago, and who the Presidential Mr. HEINRICH, for 5 minutes, today. erage. party was en route to commemorate at Mr. DEFAZIO, for 5 minutes, today. Katyn, an entire leadership group of our na- Mr. SMITH of Washington, for 5 min- f tion has been lost to us. Literally, the entire utes, today. chiefs of staff of the Army, Air Force, and Mr. SESTAK, for 5 minutes, today. ADJOURNMENT Navy have all perished. Along with scores of Mr. LARSEN of Washington, for 5 min- Mr. DONNELLY of Indiana. Mr. parliamentarians, government officials, reli- utes, today. gious leaders, and historical activists like Speaker, I move that the House do now Mr. TAYLOR, for 5 minutes, today. us. adjourn. We Poles will recover, for as a Nation we Ms. LORETTA SANCHEZ of California, for 5 minutes, today. The motion was agreed to; accord- always have. But we have lost a strong core ingly (at 7 o’clock and 32 minutes of our most passionate and historically Mr. LANGEVIN, for 5 minutes, today. aware patriots. Mr. MCMAHON, for 5 minutes, today. p.m.), the House adjourned until to- We are in shock and mourning. Ms. JACKSON LEE of Texas, for 5 min- morrow, Thursday, April 15, 2010, at 10 Our thoughts and prayers are with the Na- utes, today. a.m. tion and with the families of those who lost (The following Members (at the re- their loved ones. quest of Mr. BURTON of Indiana) to re- f May Poland and all her children around vise and extend their remarks and in- the world rally in unity at this tragic blow. clude extraneous material:) BUDGETARY EFFECTS OF PAYGO STEFAN WISNIOWSKI, Mr. MORAN of Kansas, for 5 minutes, LEGISLATION April 21. Foundation President, Kresy-Siberia Pursuant to Public Law 111–139, Mr. Foundation. Mr. POE of Texas, for 5 minutes, April 21. SPRATT hereby submits, prior to the vote on passage, the attached estimate Dear Friends, Mr. JONES, for 5 minutes, April 21. As we mourn the loss of President Lech Mr. THOMPSON of Pennsylvania, for 5 of the costs of H.R. 3506, the Eliminate and Maria Kaczynski and their talented dele- minutes, today. Privacy Notice Confusion Act, as gation of leaders, we must make sure that (The following Member (at her own amended, for printing in the CONGRES- these deaths were not in vain. request) to revise and extend her re- SIONAL RECORD. CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 3506, THE ELIMINATE PRIVACY NOTICE CONFUSION ACT, AS INTRODUCED ON JULY 31, 2009, AND AMENDED ON APRIL 13, 2010

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase in the Deficit Statutory Pay-As-You-Go Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Note: Components may not sum to totals because of rounding. Source: Congressional Budget Office.

Pursuant to Public Law 111–139, Mr. vote on passage, the attached estimate Assistance Act of 2010, as amended, for SPRATT hereby submits, prior to the of the costs of H.R. 4994, the Taxpayer printing in the CONGRESSIONAL RECORD.

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — HOUSE H2577

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 4994, THE TAXPAYER ASSISTANCE ACT OF 2010, AS PROVIDED BY THE HOUSE COMMITTEE ON THE BUDGET ON APRIL 14, 2010

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact ...... 20 ¥15 ¥20 ¥15 ¥13 ¥10 ¥6 ¥2 2 5 9 ¥52 ¥45 Note: Components may not sum to totals because of rounding. Source: Congressional Budget Office and Joint Committee on Taxation.

EXECUTIVE COMMUNICATIONS, Protection Agency, transmitting the Agen- Information System [FAC 2005-40; FAR Case ETC. cy’s final rule — Approval and Promulgation 2008-027; Docket 2009-030, Sequence 1] (RIN: of Air Quality Implementation Plans; Michi- 9000-AL38) received March 25, 2010 to the Under clause 2 of rule XIV, executive gan; PSD Regulations [EPA-R05-OAR-2007- Committee on Oversight and Government communications were taken from the 1043; FRL-9129-5] received March 23, 2010 to Reform. Speaker’s table and referred as follows: the Committee on Energy and Commerce. 7013. A letter from the Acting Assistant 6995. A letter from the Director, Regu- 7005. A letter from the Director, Regu- Administrator for Fisheries, NMFS, National latory Management Division, Environmental latory Management Division, Environmental Oceanic and Atmospheric Administration, Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- transmitting the Administration’s final rule cy’s final rule — Ammonium Salts of Fatty cy’s final rule — Approval and Promulgation — Taking of Marine Mammals Incidental to Acids (C8-C18 Saturated); Exemption from of Air Quality Implementation Plans; Texas; Commercial Fishing Operations; Harbor Por- the Requirement of a Tolerance [EPA-HQ- Revision to Control Volatile Organic Com- poise Take Reduction Plan Regulations OPP-2008-0652; FRL-8809-6] received March 23, pound Emissions in the Houston/Galveston/ [Docket No.: 080721862-8864-01] (RIN: 0648- 2010 to the Committee on Agriculture. Brazoria 8-Hour Ozone Nonattainment Area AW51) received March 25, 2010 to the Com- 6996. A letter from the Director, Regu- [EPA-R06-OAR-2007-0526; FRL-9130-8] re- mittee on Natural Resources. latory Management Division, Environmental ceived March 23, 2010 to the Committee on 7014. A letter from the Acting Director, Of- Protection Agency, transmitting the Agen- Energy and Commerce. fice of Sustainable Fisheries, NMFS, Na- 7006. A letter from the Chief of Staff, Media cy’s final rule — Cloquintocet-mexyl; Pes- tional Oceanic and Atmospheric Administra- Bureau, Federal Communications Commis- ticide Tolerances [EPA-HQ-OPP-2009-0714; tion, transmitting the Administration’s final sion, transmitting the Commission’s final FRL-8816-3] received March 23, 2010 to the rule — Fisheries of the Exclusive Economic rule — Amendment of Section 73.622(i), Post- Committee on Agriculture. Zone Off Alaska; Pacific Cod by Non-Amer- 6997. A letter from the Director, Regu- Transition Table of DTV Allotments, Tele- ican Fisheries Act Crab Vessels Catching Pa- latory Management Division, Environmental vision Broadcast Stations (Atlantic City, cific Cod for Processing by the Offshore Com- Protection Agency, transmitting the Agen- New Jersey) [MB Docket No.: 09-231] received ponent in the Western Regulatory Area of cy’s final rule — Clopyralid; Pesticide Toler- March 25, 2010 to the Committee on Energy the Gulf of Alaska [Docket No.: 09100091344- ances [EPA-HQ-OPP-2009-0092; FRL-8814-2] and Commerce. 9056-02] (RIN: 0648-XU62) received March 25, received March 23, 2010 to the Committee on 7007. A letter from the Chief of Staff, Media 2010 to the Committee on Natural Resources. Agriculture. Bureau, Federal Communications Commis- 6998. A letter from the Assistant Secretary, sion, transmitting the Commission’s final 7015. A letter from the Staff Director, Com- Department of Defense, transmitting a letter rule — Digital Audio Broadcasting Systems mission on Civil Rights, transmitting notifi- regarding the National Guard and Reserve And Their Impact on the Terrestrial Radio cation that the Commission recently ap- Equipment Report to the Committee on Broadcast Service [MD Docket No.: 99-325] pointed members to the Kansas Advisory Armed Services. received March 25, 2010 to the Committee on Committee to the Committee on the Judici- 6999. A letter from the Executive Director, Energy and Commerce. ary. Consumer Product Safety Commission, 7008. A letter from the Secretary, Depart- 7016. A letter from the Staff Director, Com- transmitting the Fiscal Year 2009 Annual Re- ment of Veterans Affairs, transmitting the mission on Civil Rights, transmitting notifi- port to the Committee on Energy and Com- Department’s annual report for fiscal year cation that the Commission recently ap- merce. 2009, in accordance with Section 203(a) of the pointed members to the District of Columbia 7000. A letter from the Assistant General Notification and Federal Employee Anti- Advisory Committee to the Committee on Counsel for Legislation, Regulation and En- discrimination and Retaliation Act of 2002 the Judiciary. ergy Efficiency, Department of Energy, (No FEAR Act), Public Law 107-174 to the 7017. 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A letter from the Assistant General of the Notification and Federal Employee ment of Transportation, transmitting the Counsel for Legislation, Regulation and En- Antidiscrimination and Retaliation Act of Department’s report on the Tribal-State ergy Efficiency, Department of Energy, 2002 (No FEAR Act), Public Law 107-174 to Road Maintenance Agreements to the Com- transmitting the Department’s ‘‘Major’’ the Committee on Oversight and Govern- mittee on Transportation and Infrastruc- final rule — Energy Conservation Program: ment Reform. ture. 7010. A letter from the Acting Senior Pro- Energy Conservation Standards for Small 7019. 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A letter from the Director, Regu- lation; Federal Acquisition Circular 2005-40; transmitting the Department’s report on the latory Management Division, Environmental Introduction [Docket FAR 2010-0076, Se- Preliminary Damage Assessment informa- Protection Agency, transmitting the Agen- quence 2] received March 25, 2010 to the Com- tion on FEMA-1872-DR for the State of Ar- cy’s final rule — Approval and Promulgation mittee on Oversight and Government Re- kansas jointly to the Committees on Trans- of Air Quality Implementation Plans; Illi- form. portation and Infrastructure, Appropria- nois; NOx Budget Trading Program; Correc- 7012. A letter from the Acting Associate tions, and Homeland Security. tion [EPA-R05-OAR-2009-0964; FRL-9129-9] re- Administrator for Acquisition Policy, Gen- 7021. A letter from the Administrator, ceived March 23, 2010 to the Committee on eral Services Administration, transmitting FEMA, Department of Homeland Security, Energy and Commerce. the Administration’s final rule — Federal transmitting the Department’s report on the 7004. A letter from the Director, Regu- Acquisition Regulation; FAR Case 2008-027, Preliminary Damage Assessment informa- latory Management Division, Environmental Federal Awardee Performance and Integrity tion on FEMA-1873-DR for the State of New

VerDate Mar 15 2010 03:34 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14AP0.REC H14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H2578 CONGRESSIONAL RECORD — HOUSE April 14, 2010 Jersey jointly to the Committees on Trans- H.R. 5017. A bill to ensure the availability H.R. 5024. A bill to authorize the Secretary portation and Infrastructure, Appropria- of loan guarantees for rural homeowners; to of Education to award grants to improve actions, and Homeland Security. the Committee on Financial Services. cess to, sharing of, and use of, education f By Ms. BEAN (for herself and Mr. data to improve student outcomes, and for CONAWAY): other purposes; to the Committee on Edu- REPORTS OF COMMITTEES ON H.R. 5018. A bill to amend title 31, United cation and Labor. PUBLIC BILLS AND RESOLUTIONS States Code, to direct the Director of the Of- By Mr. KENNEDY: H.R. 5025. A bill to amend the Public Under clause 2 of rule XIII, reports of fice of Management and Budget to improve oversight of the single audit process, and for Health Service Act and the Social Security committees were delivered to the Clerk other purposes; to the Committee on Over- Act to extend health information technology for printing and reference to the proper sight and Government Reform. assistance eligibility to behavioral health, calendar, as follows: By Mr. WELCH (for himself, Mr. mental health, and substance abuse profes- Ms. PINGREE of Maine: Committee on EHLERS, Mr. MARKEY of Massachu- sionals and facilities, and for other purposes; Rules. House Resolution 1248. Resolution setts, Mr. WAXMAN, and Mr. to the Committee on Energy and Commerce, providing for consideration of the bill (H.R. CARDOZA): and in addition to the Committee on Ways 4715) to amend the Federal Water Pollution H.R. 5019. A bill to provide for the estab- and Means, for a period to be subsequently Control Act to reauthorize the National Es- lishment of the Home Star Retrofit Rebate determined by the Speaker, in each case for tuary Program, and for other purposes, Program, and for other purposes; to the consideration of such provisions as fall with- waiving a requirement of clause 6(1) of rule Committee on Energy and Commerce, and in in the jurisdiction of the committee con- XIII with respect to consideration of certain addition to the Committee on Ways and cerned. resolutions reported from the Committee on Means, for a period to be subsequently deter- By Mr. MARKEY of Massachusetts (for Rules, and providing for consideration of mo- mined by the Speaker, in each case for con- himself and Mr. UPTON): H.R. 5026. A bill to amend the Federal tions to suspend the rules (Rept. 111–463). Re- sideration of such provisions as fall within Power Act to protect the bulk-power system ferred to the House Calendar. the jurisdiction of the committee concerned. By Ms. WATERS (for herself, Ms. and electric infrastructure critical to the de- f fense of the United States from cybersecu- SPEIER, Mr. ELLISON, Ms. RICHARD- rity and other threats and vulnerabilities; to PUBLIC BILLS AND RESOLUTIONS SON, Ms. WATSON, Mr. MEEKS of New the Committee on Energy and Commerce. York, Mr. AL GREEN of Texas, Ms. Under clause 2 of rule XII, public By Mr. TONKO (for himself, Mr. CLARKE, Mr. BISHOP of Georgia, Mr. bills and resolutions of the following GRIJALVA, Ms. FUDGE, and Ms. RICH- JOHNSON of Georgia, Mr. SCOTT of ARDSON): titles were introduced and severally re- Virginia, Mr. WATT, Mr. PAYNE, Mr. ferred, as follows: H.R. 5027. A bill to direct the Secretary of CLEAVER, Mr. THOMPSON of Mis- Agriculture to assess the effectiveness and By Mr. ANDREWS (for himself, Mr. sissippi, Mr. CONYERS, Ms. FUDGE, efficiency of administrative review systems CONAWAY, Mr. SKELTON, Mr. MCKEON, Ms. WOOLSEY, Mr. LEWIS of Georgia, to ensure compliance with Federal meal Mr. ELLSWORTH, Mr. COFFMAN of Col- Mr. RANGEL, Mr. FRANK of Massachu- standards; to the Committee on Education ´ orado, and Mr. HUNTER): setts, Mr. TOWNS, Ms. VELAZQUEZ, and Labor. H.R. 5013. A bill to amend title 10, United Mr. PIERLUISI, Mr. REYES, Mr. HONDA, By Mr. HODES: States Code, to provide for performance Mr. PASTOR of Arizona, Ms. KAPTUR, H.J. Res. 82. A joint resolution proposing management of the defense acquisition sys- Mr. CUMMINGS, Mr. MORAN of Vir- the ‘‘Doris ‘Granny D’ Haddock Amendment tem, and for other purposes; to the Com- ginia, Ms. SCHAKOWSKY, Mr. of 2010’’ to the Constitution of the United mittee on Armed Services, and in addition to GARAMENDI, Ms. CORRINE BROWN of States regarding the authority of Congress the Committee on Oversight and Govern- Florida, Ms. EDWARDS of Maryland, and the States to regulate the spending and ment Reform, for a period to be subsequently Mr. JACKSON of Illinois, Ms. MOORE of activities of corporations with regard to po- determined by the Speaker, in each case for Wisconsin, Mr. DOGGETT, Mr. MCGOV- litical campaigns and campaigns for election consideration of such provisions as fall with- ERN, Mr. FARR, Mr. CLAY, Mr. for public office; to the Committee on the in the jurisdiction of the committee con- HASTINGS of Florida, Ms. ROYBAL-AL- Judiciary. cerned. LARD, Ms. LEE of California, Mr. By Mrs. DAHLKEMPER (for herself, By Mr. FILNER: STARK, Mr. CAPUANO, Mr. DEFAZIO, Mr. KANJORSKI, Mr. LIPINSKI, Mr. H.R. 5014. A bill to clarify the health care Mr. FILNER, Mr. DELAHUNT, Mrs. BERMAN, Ms. ROS-LEHTINEN, Mr. provided by the Secretary of Veterans Af- NAPOLITANO, and Ms. LORETTA QUIGLEY, Mrs. NAPOLITANO, Mr. CON- fairs that constitutes minimum essential SANCHEZ of California): YERS, Ms. VELA´ ZQUEZ, Mr. GUTIER- coverage; to the Committee on Ways and H.R. 5020. A bill to require the Federal REZ, Mr. SIRES, Mr. VISCLOSKY, Mr. Means. Communications Commission to extend the HOLDEN, Mr. COURTNEY, Mr. By Mr. MCGOVERN (for himself, Mr. time period for filing petitions to deny, op- PASCRELL, Mr. HOLT, Mr. MCGOVERN, JONES, Ms. LEE of California, Mr. positions, and comments in the proceeding Mr. MILLER of North Carolina, Mr. JOHNSON of Illinois, Ms. PINGREE of relating to the proposed merger of Comcast FILNER, Mr. DOGGETT, Mr. BURTON of Maine, Mr. CAPUANO, Mr. CONYERS, and NBC Universal; to the Committee on En- Indiana, Mr. LEVIN, Mr. KUCINICH, Mr. Mr. LUJA´ N, Ms. SLAUGHTER, Mr. ergy and Commerce. CARNEY, Ms. DEGETTE, Mr. LANGEVIN, KUCINICH, Mr. NADLER of New York, By Mr. BISHOP of New York (for him- Ms. HARMAN, Mr. TONKO, Mr. TANNER, Mr. SCHRADER, and Ms. HARMAN): self, Mr. MCMAHON, Mr. ELLSWORTH, Ms. NORTON, Mr. SNYDER, Mr. NEAL of H.R. 5015. A bill to require a plan for the Mr. NADLER of New York, and Mr. Massachusetts, Mr. SMITH of New safe, orderly, and expeditious redeployment HARE): Jersey, Mr. MAFFEI, Mr. MCCAUL, Mr. of United States Armed Forces from Afghan- H.R. 5021. A bill to amend the Internal Rev- BILIRAKIS, Ms. BERKLEY, Mr. PAYNE, istan; to the Committee on Foreign Affairs, enue Code of 1986 to provide that fees Mr. SCOTT of Georgia, Mr. CARNAHAN, and in addition to the Committee on Armed charged for baggage carried into the cabin of Mr. HASTINGS of Florida, Mr. SHER- Services, for a period to be subsequently dean aircraft are subject to the excise tax im- MAN, Mr. WILSON of South Carolina, termined by the Speaker, in each case for posed on transportation of persons by air; to Ms. KAPTUR, Mr. DINGELL, Mr. consideration of such provisions as fall with- the Committee on Ways and Means. SCHAUER, Ms. JACKSON LEE of Texas, in the jurisdiction of the committee con- By Mr. BRALEY of Iowa: Mr. MANZULLO, Mr. OWENS, Mr. cerned. H.R. 5022. A bill to authorize the Secretary COSTA, Mr. POE of Texas, Mr. OLVER, By Mr. BISHOP of Utah (for himself, of Education to make grants to 10 institu- Ms. BORDALLO, Mr. PENCE, Mr. MUR- Mr. HASTINGS of Washington, Mr. tions of higher education for the expansion PHY of Connecticut, Mr. HALL of New KING of New York, and Mr. SMITH of of master’s degree in physical education pro- York, Mrs. MALONEY, Mr. HIGGINS, Texas): grams that emphasize technology and inno- Mr. LEWIS of Georgia, Mr. PIERLUISI, H.R. 5016. A bill to prohibit the Secretaries vative teaching practices; to the Committee Ms. SCHAKOWSKY, Mr. MOORE of Kan- of the Interior and Agriculture from taking on Education and Labor. sas, Ms. MARKEY of Colorado, Mr. action on public lands which impede border By Mr. GRIJALVA: ROGERS of Michigan, Ms. CORRINE security on such lands, and for other pur- H.R. 5023. A bill to prescribe procedures for BROWN of Florida, Mr. HUNTER, Mr. poses; to the Committee on Natural Re- effective consultation and coordination by LARSON of Connecticut, Mr. JOHNSON sources, and in addition to the Committee on Federal agencies with federally recognized of Georgia, and Ms. RICHARDSON): Agriculture, for a period to be subsequently Indian tribes regarding Federal Government H. Res. 1246. A resolution expressing sym- determined by the Speaker, in each case for activities that impact tribal lands and inter- pathy to the people of Poland in the after- consideration of such provisions as fall with- ests to ensure that meaningful tribal input is math of the tragic plane crash that killed in the jurisdiction of the committee con- an integral part of the Federal decision-mak- the country’s President, First Lady, and 94 cerned. ing process; to the Committee on Natural others on April 10, 2010; to the Committee on By Mr. KANJORSKI (for himself, Mr. Resources. Foreign Affairs. considered and agreed to. HODES, Mr. WILSON of Ohio, Mr. By Mr. HOLT (for himself and Mrs. By Mr. LYNCH (for himself, Mr. DAVIS HINOJOSA, and Mr. COURTNEY): MCCARTHY of New York): of Illinois, Mr. TOWNS, Mr. VAN

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HOLLEN, Mr. MORAN of Virginia, Mr. H.R. 1844: Mr. CAPUANO. H.R. 4300: Mr. KRATOVIL. CONNOLLY of Virginia, and Mr. H.R. 1855: Mr. WELCH. H.R. 4321: Mr. LANGEVIN. CHAFFETZ): H.R. 1875: Mr. FILNER and Mr. SHERMAN. H.R. 4351: Mr. CARNEY. H. Res. 1247. A resolution expressing the H.R. 1912: Mr. MAFFEI. H.R. 4399: Mr. ACKERMAN. sense of the House of Representatives that H.R. 1943: Mrs. MALONEY. H.R. 4402: Ms. WOOLSEY and Mr. CONNOLLY public servants should be commended for H.R. 1995: Mr. FORBES. of Virginia. their dedication and continued service to the H.R. 2054: Ms. KILROY. H.R. 4405: Ms. BALDWIN, Mr. FATTAH, Mr. Nation during Public Service Recognition H.R. 2142: Mr. MATHESON, Mr. SCHIFF, Mr. HONDA, Mr. KUCINICH, Ms. NORTON, and Mr. Week, May 3 through 9, 2010, and throughout MINNICK, and Mr. PATRICK J. MURPHY of ELLISON. the year; to the Committee on Oversight and Pennsylvania. H.R. 4410: Mr. MCCOTTER, Mrs. MILLER of Government Reform. H.R. 2414: Mr. TOWNS and Ms. RICHARDSON. Michigan, Mr. HILL, and Mr. SHERMAN. By Mr. BOEHNER: H.R. 2425: Mr. ELLISON. H.R. 4426: Ms. CHU. H. Res. 1249. A resolution raising a ques- H.R. 2478: Mr. RANGEL, Mr. SULLIVAN, and H.R. 4443: Mr. WEINER. tion of the privileges of the House; to the Mr. BRALEY of Iowa. H.R. 4494: Mr. RYAN of Ohio. H.R. 4530: Mr. OBERSTAR and Mr. PETERS. Committee on Standards of Official Conduct. H.R. 2480: Mr. ROGERS of Michigan. H.R. 4544: Mr. LANGEVIN, Mr. ROGERS of By Ms. LEE of California (for herself, H.R. 2483: Mr. PALLONE. Alabama, and Mr. WILSON of Ohio. Mr. TOWNS, Mr. GRIJALVA, Ms. RICH- H.R. 2546: Mr. CAMPBELL. H.R. 4594: Mr. DOYLE, Mr. FATTAH, Mr. ARDSON, Ms. KILROY, and Mr. RYAN of H.R. 2565: Mr. PETRI. LUJA´ N, Mr. SCHIFF, Mr. KISSELL, and Mr. Ohio): H.R. 2583: Ms. KILROY. HOLT. H. Res. 1250. A resolution supporting the H.R. 2733: Mr. LOEBSACK and Mrs. H.R. 4599: Mr. CONNOLLY of Virginia. goals and ideals of ‘‘National STD Awareness MCMORRIS RODGERS. H.R. 4607: Mr. RYAN of Ohio. Month’’; to the Committee on Energy and H.R. 2766: Ms. CLARKE and Mr. CONNOLLY of H.R. 4669: Mr. GUTIERREZ and Ms. Commerce. Virginia. VELA´ ZQUEZ. H.R. 2807: Ms. MARKEY of Colorado, Mr. By Mr. POE of Texas (for himself and H.R. 4671: Mr. CONNOLLY of Virginia. BLUMENAUER, and Ms. KILPATRICK of Michi- Mr. THORNBERRY): H.R. 4676: Mr. SKELTON and Mr. KLEIN of gan. H. Res. 1251. A resolution recognizing and Florida. H.R. 2808: Mr. BURTON of Indiana and Mr. honoring the United States troops who gave H.R. 4684: Mr. MCGOVERN, Ms. JACKSON LEE DUNCAN. their lives on D-Day at the Battle of Nor- of Texas, Mr. EHLERS, Mr. BROWN of South H.R. 2891: Mr. KAGEN and Ms. CORRINE mandy; to the Committee on Armed Serv- Carolina, Mrs. MYRICK, Ms. EDDIE BERNICE BROWN of Florida. ices. JOHNSON of Texas, Mr. MCDERMOTT, Mr. H.R. 2932: Mr. LYNCH and Mr. ELLISON. By Mr. ROONEY: RYAN of Ohio, Mr. WILSON of South Carolina, H.R. 3018: Mr. GENE GREEN of Texas. H. Res. 1252. A resolution commending the Mr. ROGERS of Michigan, Mr. UPTON, Ms. H.R. 3043: Mr. MORAN of Virginia, Mr. political leadership of Northern Ireland on MARKEY of Colorado, and Mr. HOLDEN. MAFFEI, and Mrs. CAPPS. reaching the Hillsborough Agreement on po- H.R. 4690: Mr. GEORGE MILLER of California H.R. 3116: Mr. MILLER of Florida. licing and justice; to the Committee on For- and Mr. LYNCH. H.R. 3131: Mr. CAMPBELL. eign Affairs. H.R. 4692: Mr. YARMUTH and Mr. FILNER. H.R. 3189: Mr. FORBES. By Mr. WELCH: H.R. 4711: Mr. HEINRICH. H.R. 3243: Mr. CONNOLLY of Virginia. H. Res. 1253. A resolution commemorating H.R. 4720: Mr. HALL of New York. H.R. 3315: Mr. MOORE of Kansas. the 200th anniversary of the birth of H.R. 4722: Mr. CONNOLLY of Virginia, Mr. H.R. 3339: Mrs. KIRKPATRICK of Arizona. Vermont Senator Justin Smith Morrill, who DINGELL, Mr. ELLISON, and Mr. SCOTT of Vir- ANNER, Mr. BRIGHT, Mr. helped create a national system of land- H.R. 3393: Mr. T ginia. COOPER, Mr. CHANDLER, and Mr. SCHIFF. grant colleges; to the Committee on House H.R. 4733: Mr. PETERS and Mr. CONNOLLY of Administration. H.R. 3415: Mr. ROSS, Mr. MARCHANT, and Virginia. Mr. SESSIONS. H.R. 4745: Mr. SHERMAN, Mr. WATT, and Ms. f H.R. 3421: Ms. DELAURO and Mr. MARCHANT. RICHARDSON. RICE ADDITIONAL SPONSORS H.R. 3464: Mr. P of North Carolina, Mr. H.R. 4746: Mr. HALL of Texas, Mr. MCCAUL, EAGUE ILLER T , Mrs. M of Michigan, and Mr. Mr. SIMPSON, Mr. ALEXANDER, Mr. LATTA, Under clause 7 of rule XII, sponsors DERHOLT A . Mr. WILSON of South Carolina, Mr. PAUL, Mr. were added to public bills and resolu- H.R. 3487: Mr. MILLER of Florida. tions as follows: POE of Texas, and Mr. FRANKS of Arizona. H.R. 3554: Mr. ROGERS of Michigan. Poe of Texas, and Mr. FRANKS of Arizona. H.R. 211: Mr. HILL, Mrs. MCCARTHY of New H.R. 3668: Mr. CARSON of Indiana, Mr. H.R. 4749: Mr. HODES. York, and Ms. VELA´ ZQUEZ. BRADY of Pennsylvania, Mr. MARKEY of Mas- H.R. 4752: Mr. LYNCH and Mr. JACKSON of Il- H.R. 333: Ms. NORTON, Mr. LEWIS of Geor- sachusetts, Mr. LYNCH, Mr. CULBERSON, Mr. linois. gia, Ms. SUTTON, Mr. CUMMINGS, Ms. KIL- CAPUANO, Mr. SCOTT of Georgia, Ms. ROYBAL- H.R. 4753: Mr. ROSS. PATRICK of Michigan, Mrs. KIRKPATRICK of ALLARD, Mr. HELLER, Mr. FARR, Mrs. H.R. 4764: Mr. FILNER, Mr. WILSON of South Arizona, Mr. WILSON of Ohio, Mr. MURPHY of MALONEY, Ms. MATSUI, Mr. NADLER of New Carolina, Mr. WITTMAN, Mr. ROGERS of Ala- New York, Mr. LUETKEMEYER, and Mr. York, Mrs. NAPOLITANO, Mr. MICHAUD, Mr. bama, and Mr. TIM MURPHY of Pennsylvania. MCNERNEY. BARTLETT, Mr. GARAMENDI, Mr. AL GREEN of H.R. 4785: Mr. JOHNSON of Georgia, Mr. H.R. 362: Mr. TIAHRT. Texas, Ms. NORTON, Mr. PASCRELL, Ms. SUT- GORDON of Tennessee, Mr. PASTOR of Ari- H.R. 537: Mr. CONNOLLY of Virginia. TON, Mr. ORTIZ, Mr. MELANCON, Mr. HALL of zona, and Ms. MARKEY of Colorado. H.R. 728: Mr. BUCHANAN. New York, Mrs. MCCARTHY of New York, Mr. H.R. 4788: Mr. ARCURI, Mr. CONNOLLY of H.R. 758: Ms. SHEA-PORTER. TIM MURPHY of Pennsylvania, Mr. PETRI, Mr. Virginia, Mr. CARNAHAN, Mr. HOLDEN, Mr. H.R. 855: Mr. TIM MURPHY of Pennsylvania. CARNAHAN, Ms. PINGREE of Maine, Mr. GUTH- BOCCIERI, Mr. ELLISON, Mr. CARNEY, and Mr. H.R. 929: Mr. GRIJALVA. RIE, Mr. WEINER, and Mr. BERRY. HALL of New York. H.R. 933: Mr. KINGSTON. H.R. 3715: Mr. MAFFEI. H.R. 4790: Mr. CONYERS, Mr. GENE GREEN of H.R. 1189: Ms. SUTTON, Mr. GARAMENDI, Mr. H.R. 3720: Mr. LOEBSACK. Texas, Mr. HODES, Mr. LYNCH, Mrs. PAYNE, Mr. BLUMENAUER, and Mr. PAULSEN. H.R. 3745: Ms. SPEIER and Mr. CAPUANO. NAPOLITANO, Mr. OLVER, Mr. SARBANES, and H.R. 1191: Mr. FILNER. H.R. 3787: Mr. ARCURI. Ms. WOOLSEY. H.R. 1210: Mr. ARCURI. H.R. 3790: Mr. CALVERT, Mr. BRIGHT, Ms. H.R. 4797: Mr. CONNOLLY of Virginia. H.R. 1310: Mr. HEINRICH. KILROY, and Mr. LUCAS. H.R. 4812: Mr. HEINRICH, Ms. EDWARDS of H.R. 1322: Mr. DOYLE. H.R. 3799: Ms. NORTON. Maryland, Mr. LUJA´ N, Mr. MAFFEI, Ms. H.R. 1362: Mr. WEINER, Ms. NORTON, Mr. H.R. 3924: Mr. GRIFFITH, Mr. TERRY, Mr. SPEIER, Mr. COURTNEY, Mr. DELAHUNT, and PITTS, and Mr. KLINE of Minnesota. ROGERS of Michigan, and Mr. BROWN of Mr. YARMUTH. H.R. 1520: Mr. CONNOLLY of Virginia. South Carolina. H.R. 4818: Mr. RUSH. H.R. 1526: Mr. GUTHRIE. H.R. 4021: Mr. SCOTT of Virginia. H.R. 4819: Mr. HARE and Ms. JACKSON LEE H.R. 1549: Mr. FILNER. H.R. 4090: Mr. RAHALL and Mr. ELLISON. of Texas. H.R. 1551: Mr. CONNOLLY of Virginia. H.R. 4094: Mr. SCOTT of Virginia. H.R. 4830: Mr. GUTIERREZ. H.R. 1557: Mr. TANNER. H.R. 4109: Mr. HASTINGS of Florida and Mr. H.R. 4835: Mr. GUTHRIE. H.R. 1616: Mr. CAO. BISHOP of Georgia. H.R. 4844: Mr. ALEXANDER, Mr. CAO, and H.R. 1625: Ms. MOORE of Wisconsin, Ms. H.R. 4123: Ms. SUTTON. Mr. SCALISE. RICHARDSON, Mr. MOORE of Kansas, Ms. CHU, H.R. 4144: Mr. MCDERMOTT. H.R. 4850: Mr. DAVIS of Alabama, Mr. Mr. SIRES, Mr. CARNAHAN, Ms. SHEA-PORTER, H.R. 4148: Ms. RICHARDSON. MCCOTTER, Mr. SPACE, Ms. RICHARDSON, Mr. and Mr. MCNERNEY. H.R. 4178: Mr. CLAY. WILSON of Ohio, Mr. VAN HOLLEN, Mr. TOWNS, H.R. 1670: Ms. MOORE of Wisconsin. H.R. 4196: Mr. KUCINICH. Mr. UPTON, Mr. MEEK of Florida, Mr. MAFFEI, H.R. 1751: Ms. RICHARDSON, Mr. BACA, and H.R. 4199: Mr. COURTNEY. Mr. NUNES, Mr. PASCRELL, and Ms. BERKLEY. Mr. PASCRELL. H.R. 4255: Mr. SCHRADER and Ms. SUTTON. H.R. 4856: Mr. ROSS, Mr. PATRICK J. MUR- H.R. 1826: Mr. LIPINSKI, Mr. CLEAVER, and H.R. 4296: Mr. LYNCH and Mr. KING of New PHY of Pennsylvania, Mr. MOORE of Kansas, Mr. SCHAUER. York. and Mr. SCHIFF.

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H.R. 4862: Mr. JOHNSON of Georgia. consin, Ms. NORTON, Mr. PAYNE, Ms. RICH- H. Res. 1182: Mr. MARKEY of Massachusetts, H.R. 4868: Mr. RANGEL and Mr. NADLER of ARDSON, Mr. RUSH, Mr. THOMPSON of Mis- Mr. DOYLE, Mr. BUTTERFIELD, Mr. WILSON of New York. sissippi, and Mr. SERRANO. Ohio, Mr. HALL of New York, Mr. DINGELL, H.R. 4870: Mr. ISRAEL. H. Con. Res. 4: Mr. PETERSON. Mr. RAHALL, Mr. RYAN of Ohio, Mr. WAXMAN, H.R. 4879: Mr. KIRK, Ms. BALDWIN, Mr. H. Con. Res. 88: Mr. FORBES. Mr. MEEKS of New York, Ms. MOORE of Wis- STARK, Mr. PETERS, Mr. PALLONE, and Mr. H. Con. Res. 92: Mr. WU, Mr. STARK, and consin, Mr. HODES, Ms. RICHARDSON, Mr. SMITH of Washington. Ms. ZOE LOFGREN of California. CONNOLLY of Virginia, Mr. ROSS, Ms. NORTON, H.R. 4898: Mr. CAO and Mr. FILNER. H. Con. Res. 98: Mr. JACKSON of Illinois, Ms. Mr. HOLDEN, Mr. GORDON of Tennessee, Mr. H.R. 4903: Mr. BILIRAKIS. WATSON, Mr. SMITH of Washington, and Mr. COSTELLO, Mr. GONZALEZ, and Ms. LEE of H.R. 4904: Mr. LATTA and Mr. MORAN of HINCHEY. California. Kansas. H. Con. Res. 137: Mr. MEEKS of New York H. Res. 1187: Ms. TITUS, Mr. ISRAEL, Mr. H.R. 4910: Mr. SMITH of New Jersey, Mr. and Ms. CLARKE. TONKO, Ms. LORETTA SANCHEZ of California, YOUNG of Alaska, and Mr. LAMBORN. H. Con. Res. 233: Mr. KUCINICH. Mr. KILDEE, Mr. BISHOP of Georgia, Mr. H.R. 4921: Mr. MOORE of Kansas. H. Con. Res. 255: Mrs. CHRISTENSEN, Mr. LI- BUTTERFIELD, Ms. CLARKE, Ms. EDDIE BER- H.R. 4923: Mr. FORTENBERRY, Mr. MAR- PINSKI, Mr. REYES, Mr. DAVIS of Illinois, Mr. NICE JOHNSON of Texas, Ms. KILPATRICK of SHALL, and Ms. SUTTON. RYAN of Ohio, Mr. MCGOVERN, Ms. DELAURO, Michigan, Mr. JACKSON of Illinois, Mr. H.R. 4925: Ms. BERKLEY and Ms. KILROY. Mr. WAXMAN, Mr. BACA, Mr. QUIGLEY, Ms. PALLONE, Mr. HOLT, Mr. PASTOR of Arizona, H.R. 4947: Mr. MARSHALL and Mr. ROSS. PINGREE of Maine, Mr. SCHAUER, Mr. PRICE of Mr. STARK, Mr. OLVER, Ms. ROYBAL-ALLARD, H.R. 4956: Mr. WOLF. North Carolina, and Mr. TONKO. Mr. KLEIN of Florida, Ms. WATERS, Ms. WOOL- H.R. 4960: Mr. DENT and Mr. LANCE. H. Res. 111: Ms. FALLIN, Mr. HILL, and Mr. SEY, Mr. BERRY, Ms. BALDWIN, Mr. ELLISON, H.R. 4966: Mr. BILBRAY. SULLIVAN. Ms. SCHWARTZ, Ms. ESHOO, Ms. CASTOR of H.R. 4972: Mr. BILIRAKIS. H. Res. 407: Mr. BUTTERFIELD. Florida, Mrs. LOWEY, and Ms. DEGETTE. H.R. 4981: Mrs. BACHMANN and Mr. SKEL- H. Res. 639: Mr. FORBES. H. Res. 1211: Ms. CORRINE BROWN of Florida TON. H. Res. 886: Mr. GOODLATTE. and Ms. LEE of California. H.R. 4985: Mr. SESSIONS and Mr. ROHR- H. Res. 1056: Mr. ROE of Tennessee, Mr. H. Res. 1216: Mr. STUPAK and Mr. ABACHER. HOLDEN, Mr. MICHAUD, Mrs. BACHMANN, Mr. MCCOTTER. H.R. 4995: Mr. TIAHRT. FILNER, Mr. INGLIS, Mr. PLATTS, Mr. WILSON H. Res. 1240: Mrs. CHRISTENSEN. H.R. 4996: Mr. SESSIONS, Mr. POE of Texas, of South Carolina, and Mr. ROGERS of Michi- Mr. ROE of Tennessee, and Mr. HERGER. gan. f H.R. 5000: Mr. ROTHMAN of New Jersey and H. Res. 1064: Mr. HOLT, Mr. CUMMINGS, Mr. Mr. CLAY. CAPUANO, and Ms. RICHARDSON. H.R. 5006: Mr. JOHNSON of Georgia. H. Res. 1116: Mr. GINGREY of Georgia, Mr. DELETIONS OF SPONSORS FROM H.J. Res. 81: Mr. BISHOP of Georgia, Mr. GRIFFITH, Ms. MATSUI, Mr. PITTS, Mrs. PUBLIC BILLS AND RESOLUTIONS CARSON of Indiana, Mrs. CHRISTENSEN, Mr. BLACKBURN, Mr. LATHAM, Mr. SPACE, Mrs. Under clause 7 of rule XII, sponsors CLAY, Mr. CONYERS, Mr. DAVIS of Alabama, CAPPS, Mr. BOUCHER, Ms. DEGETTE, and Mrs. were deleted from public bills and reso- Mr. DAVIS of Illinois, Ms. EDWARDS of Mary- BONO MACK. land, Ms. FUDGE, Ms. JACKSON LEE of Texas, H. Res. 1143: Mr. KIRK, Mr. FILNER, Mr. lutions as follows: Ms. EDDIE BERNICE JOHNSON of Texas, Mr. REICHERT, and Mr. RYAN of Ohio. H.R. 1549: Ms. BERKLEY. JOHNSON of Georgia, Ms. LEE of California, H. Res. 1158: Mr. ADERHOLT. H. Con. Res. 49: Mr. BRADY of Pennsyl- Mr. LEWIS of Georgia, Ms. MOORE of Wis- H. Res. 1181: Mr. MILLER of Florida. vania.

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Vol. 156 WASHINGTON, WEDNESDAY, APRIL 14, 2010 No. 52 Senate The Senate met at 9:31 a.m. and was from the State of New Mexico, to perform garding the tragedy in Poland—and we called to order by the Honorable TOM the duties of the Chair. appreciate very much their being UDALL, a Senator from the State of ROBERT C. BYRD, here—there will be a period of morning New Mexico. President pro tempore. business for 1 hour, with Senators per- Mr. UDALL of New Mexico thereupon mitted to speak for up to 10 minutes PRAYER assumed the chair as Acting President each. The Republicans will control the pro tempore. The Chaplain, Dr. Barry C. Black, of- first 30 minutes, and the majority will fered the following prayer: f control the final 30 minutes. Let us pray. RECOGNITION OF THE MAJORITY Following morning business, the Sen- Today, O God, bring our Senators’ LEADER ate will resume consideration of H.R. hearts and minds into harmony with The ACTING PRESIDENT pro tem- 4851, the Continuing Extension Act, Your will, so that they may be assured pore. The majority leader is recog- with the time until 12:30 p.m. equally that their lives are fulfilling Your high nized. divided and controlled between the two leaders or their designees. If a point of purpose. Give them the incentives they f need, the trust that is essential, and order is raised against the pending the joy that is possible as they face the MOMENT OF SILENCE Baucus amendment, at 12:30 p.m. the duties and opportunities that lie ahead. Mr. REID. Today, with this moment Senate will proceed to a vote on the Lord, inspire them with the wisdom to of silence, we are going to honor the motion to waive the Budget Act. correctly use the great power You have people of Poland because of the tragedy f that occurred there a few days ago. I given them, so that they and others REFLECTION ON POLAND may be blessed. Bless them with Your extend my deepest condolences to the maximizing power for the challenges, people of Poland. That plane carried 96 Mr. REID. Mr. President, I would like decisions, and responsibilities of this souls—parents, husbands, wives, and to say, recognizing that she is here, day. We pray in Your holy Name. friends. It carried that nation’s Presi- that one of the remarkable moments of Amen. dent, its First Lady, its Deputy For- my career was a time a number of eign Minister, lawmakers, and so many years ago when we were in Poland. The f other military and civilian leaders. It delegation was led by Senator John is hard to comprehend. The tragedy Glenn, and we were meeting with a PLEDGE OF ALLEGIANCE and loss is unthinkable, and America number of dissidents in Poland—people The Honorable TOM UDALL led the grieves alongside our friends in Poland. who were fighting against the repres- Pledge of Allegiance, as follows: I also want to commend Senators sion coming from the Soviet Union. I pledge allegiance to the Flag of the DURBIN and JOHANNS for taking the Senator Glenn said a few words, and United States of America, and to the Repub- lead on a resolution expressing sym- then I asked that Senator MIKULSKI, lic for which it stands, one nation under God, pathy for the people of Poland. With who is so proud of her Polish heritage, indivisible, with liberty and justice for all. this resolution, the Senate formally be recognized to say a few words to states our condolences for the people of f these freedom fighters in Poland, and Poland. it was one of the most remarkable The ACTING PRESIDENT pro tem- APPOINTMENT OF ACTING speeches I have ever heard. pore. Under the previous order, the She was so powerful, talking about PRESIDENT PRO TEMPORE Senate will now observe a moment of her background in Baltimore, her her- The PRESIDING OFFICER. The silence in solidarity with the people of itage, and I have never, ever forgotten clerk will please read a communication Poland. that speech made by the Senator from to the Senate from the President pro (Moment of silence.) Maryland. It was one of the most re- tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- markable statements I have ever heard The assistant legislative clerk read pore. I thank the Members of the Sen- in my professional career. the following letter: ate. Who seeks recognition? The majority f U.S. SENATE, leader is recognized. PRESIDENT PRO TEMPORE, EXPRESSING SYMPATHY FOR THE Washington, DC, April 14, 2010. f PEOPLE OF POLAND To the Senate: SCHEDULE Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby Mr. REID. Mr. President, today, fol- pore. The Senator from Illinois is rec- appoint the Honorable TOM UDALL, a Senator lowing the remarks by Senators re- ognized.

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

S2251

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2252 CONGRESSIONAL RECORD — SENATE April 14, 2010 Mr. DURBIN. Mr. President, I ask Solidarity strike that ultimately overthrew Kaczynski, his wife Maria, and 94 other unanimous consent that the Senate the communist government of Poland, was high-ranking government, military and proceed to the immediate consider- also killed in the crash; civilian leaders crashed while traveling ation of S. Res. 479, submitted earlier Whereas Ryszard Kaczorowski, who served to a memorial service in Russia that as Poland’s final president in exile before the today. country’s return to democracy, also perished was to recognize and memorialize the The ACTING PRESIDENT pro tem- in the crash; dreadful Katyn massacre. pore. The clerk will report the resolu- Whereas Chicago suffered the loss of a re- The tragic accident is a devastating tion by title. spected artist when Wojciech Seweryn, loss to the Nation of Poland and to The assistant legislative clerk read whose father was killed in Katyn, died in the their friends around the world. This as follows: crash; photo I brought to the floor shows lit- A resolution (S. Res. 479) expressing sym- Whereas Mr. Seweryn recently completed a erally thousands of Poles who gathered pathy for the people of Poland in the after- memorial to the victims of Katyn at St. in Warsaw on Saturday evening to re- math of the devastating plane crash that Adalbert Cemetery in Niles, Illinois, which member those who died. They were killed the country’s President, First Lady, President Kaczynski planned to visit in May; Whereas President Barack Obama said, the outside St. John’s Cathedral in Warsaw and 94 other high ranking government, mili- grieving for the loss of their President tary, and civic leaders on April 10, 2010. ‘‘loss is devastating to Poland, to the United States, and to the world. President and so many leaders of their nation. There being no objection, the Senate Kaczynski was a distinguished statesman The pain of this sad moment is felt proceeded to consider the resolution. who played a key role in the Solidarity around the world but especially in the Mr. DURBIN. Mr. President, I ask movement, and he was widely admired in the city of Chicago, which I am honored to unanimous consent that the resolution United States as a leader dedicated to ad- represent. It is home to more Polish be agreed to, the preamble be agreed vancing freedom and human dignity.’’; American families than anywhere else Whereas Former Solidarity leader and ex- to, the motions to reconsider be laid in the United States. And what a proud upon the table, with no intervening ac- president Lech Walesa said, ‘‘Today, we lost part of our intellectual elite in a plane crash. heritage they bring to our city, our tion or debate, and any statements re- It will take a long time until the wounds of State, and our Nation; what a contribu- lated to the resolution be printed in our democracy are healed.’’; and tion they have made. The grief they the RECORD. Whereas thousands of Poles gathered in feel today is a grief we share. The ACTING PRESIDENT pro tem- the center of Warsaw and elsewhere around Yesterday, as I mentioned, my fellow pore. Without objection, it is so or- the world on Saturday to mourn those killed Senators joined me in offering this res- dered. in the crash and affirm their continued soli- olution. The United States and Poland The resolution (S. Res. 479) was darity with the people of Poland: Now, there- share a strong bond of history, friend- fore, be it agreed to. Resolved, That the Senate— ship, and international cooperation. The preamble was agreed to. (1) expresses its deepest sympathies to the Polish Americans have become leaders The resolution, with its preamble, people of Poland and the families of those in all walks of life. In the Senate, Sen- reads as follows: who perished for their profound loss; ator MIKULSKI and others of Polish her- S. RES. 479 (2) expresses strong and continued soli- itage have shown that their contribu- Whereas the United States and Poland are darity with the people of Poland and Polish- tion to America continues to this day. close allies, with a shared bond of history, American communities in the United States; We joined with Poland in our Revolu- and friendship, and international cooperation; tionary War, and we are so grateful for Whereas Polish immigrants were among (3) expresses unwavering support for the Government of Poland as it works to address those Poles who, like Casimir Pulaski the first Jamestown settlers, and Casimir and others, stepped forward and joined Pulaski immigrated to the United States to the loss of many key public officials. fight in the Revolutionary War; Mr. DURBIN. Mr. President, I also us in our effort to gain independence. Whereas more than 9,000,000 Americans of want to join Senator REID in acknowl- When the time came many decades Polish descent now reside in the United edging the cosponsors of this resolu- later, and Poland was seeking its own States, bringing vitality to major metropoli- tion, and I am sure this list will grow independence after the Solidarity tan areas such as Chicago, Detroit, and New as our colleagues come forward and ask movement, the United States stood by York City; to be added, but I thank Senator their side. Whereas Polish-Americans have been lead- We know President Kaczynski was ers in all walks of American life; JOHANNS for joining me in this effort. I give special thanks to Senator MIKUL- part of that effort, and we know he was Whereas the American people stood in sup- in fact interred in prison because he port of the Solidarity movement as it fought SKI. We know of her pride in her Polish against the oppression of the communist heritage and we know of her deep re- fought for democracy in Poland. He government of Poland through peaceful spect for the people of Poland and our was respected throughout his country means, eventually leading to Solidarity shared grief over the loss to that great for the role he played and the leader- members being elected to office in open nation. Senators KERRY, VOINOVICH, ship he brought to this modern, free, democratic elections held on June 4, 1989, BROWN of Ohio, CARDIN, and others democratic Poland today. We have events that helped spark the movement to have also joined me in considering this stood by Poland as the Solidarity democracy throughout eastern Europe; resolution. movement grew into a strong, vibrant Whereas Poland joined the North Atlantic democracy. We have supported Po- Treaty Organization (NATO) in 1999, joined I come to the floor of the Senate, Mr. the European Union in 2004, and has contrib- President, with a heavy heart. I ex- land’s membership in NATO, so that we uted to United States and NATO operations press my sympathy to the people of Po- are joint allies in an effort to defend in Iraq and Afghanistan; land and to Ambassador Kupiecki who the values we share and in the Euro- Whereas Poland has enjoyed a thriving and is here representing them. I shared a pean Union where they have become a prosperous free market democracy since the moment with him earlier this morning modern economy and a major leader in end of the Cold War; and mentioned that when I heard the Europe. Poland also stood by the Whereas the President of Poland Lech news of this tragic loss, my thoughts United States as well in our efforts in Kaczynski and 95 other people, including Po- went back immediately to 47 years ago Iraq and Afghanistan. land’s First Lady, the deputy foreign minister, dozens of members of Parliament, the when we lost our President, John Ken- As Poles struggle to come to terms chiefs of the army and navy, and the presi- nedy, and what it meant to our Nation with this week’s tragedy, the United dent of the national bank, were tragically and how devastating it was. This city States will stand with them and will killed in a plane crash in western Russia on ground to a halt on that day, and the support their government as it works April 10, 2010; bells began to peal in the church tow- to overcome the loss of so many of its Whereas President Kaczynski and his col- ers all across Washington every hour great leaders. leagues were traveling to Katyn, Russia for a on the hour as our Nation reflected on President and Mrs. Kaczynski and memorial service to mark the 70th anniver- its great loss. It was a time of great their delegation were on a mission to sary of the Soviet secret police killing of try, so many years later, to close a more than 20,000 Polish officers, prisoners, sadness, as it should have been in our and intellectuals who were captured after history, and as I am sure it is now in deep wound to the Polish people of the the Soviet Union invaded Poland in 1939; Poland, as people reflect on the morn- Katyn massacre of World War II, where Whereas Anna Walentynowicz, the former ing of Saturday, April 10, when a plane more than 20,000 Poles were executed dock worker whose firing in 1980 sparked the carrying Polish President Lech by Soviet secret police and buried in

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Polish soldiers have Russia and Poland have begun to deal 13,000 men and women of the Illinois fought side by side with Americans in with this tragedy, and that is a posi- National Guard today. Iraq and Afghanistan, including in key tive thing. Russian Prime Minister On Saturday I visited the Polish Con- coalition leadership positions. We have Vladimir Putin recently joined Polish sulate in Chicago to pay my respects suffered together when our troops took Prime Minister Donald Tusk at a cere- and leave my regards in the condolence casualties, and today we grieve to- mony marking that tragedy. Prime book. People were starting to flock to gether. Minister Putin—the first Russian lead- this site, people in Chicago, driving The foundation of our close partner- er to attend that memorial service— with Polish flags proudly displayed ship was laid by many Polish immi- said: over their vehicles, to come to this grants to America. Today, over 9 mil- We bow our heads to those who bravely consulate to express their own sorrow lion Americans of Polish descent reside met death here. for this loss, to join in the long line in the United States, including the This was the beginning of the closure signing the condolence book, and to State of Nebraska. I am very proud to of a critical chapter in the history of leave flowers at the flagpole bearing be one of them. My grandparents immi- those two nations. This is the begin- the Polish flag right outside of the con- grated here from Poland many decades ning of healing, which is long overdue. sulate. ago. Sadly, the Katyn tragedy has now been I have such admiration for the people The Polish are an important part of compounded by the loss of so many of of Poland who have endured so many this great country and have been since Poland’s leaders who were destined to trials and struggles. What has brought the earliest days of our Nation when head to this location in memory of them through time and again is faith they helped settle Jamestown, VA. I those who had fallen. and family, and those two enduring am very pleased to introduce this reso- Aboard the plane were some of Po- qualities will help them as they try to lution along with the senior Senator land’s highest military and civilian cope with this massive crisis that is from Illinois. The senior Senator may leaders—the Deputy Foreign Minister, facing their country. not know this, but he represents some the Chiefs of the Army and Navy, the As the ambassador said to me this of my relatives in Chicago, and rep- president of the national bank, and morning, there is no doubt that Poland resents them well. I joined with him dozens of Members of Parliament. Two will emerge strong; that this govern- and all of our colleagues in a moment prominent civilian leaders aboard the ment is going to be stable; that it is of silence, as we have done today. I plane were Wojciech Seweryn and Anna going to move forward. He can count as want to pay our respects to the Poles, Walentynowicz. well that we will be at his side and the both in this part of the country and Seweryn was an artist from Chicago side of the people of Poland as they re- across this great Nation, as well as in and an influential member of Chicago’s build their government and their na- Poland. I also acknowledge the great Polish community. Mr. Seweryn’s fa- tion from this tragedy. contributions they have made to our ther died at Katyn, and it soon became I urge my colleagues to join me in co- country. his life’s passion to honor his father’s sponsoring of this measure and support I yield the floor. memory with beautiful memorials that passage of the resolution which we just The ACTING PRESIDENT pro tem- he had built in the United States and considered on the floor of the Senate. pore. The Senator from Maryland is in the location of the Katyn Forest. I yield the floor. recognized. What a bitter irony that he would lose The ACTING PRESIDENT pro tem- Ms. MIKULSKI. Mr. President, I, too, his life journeying to this memorial oc- pore. The Senator from Nebraska is join with my colleagues to rise to ex- casion. Throughout his life he brought recognized. press my deep and heartfelt condo- awareness to the Katyn tragedy. He led Mr. JOHANNS. Mr. President, let me lences to the people of Poland on this an effort in the Chicago area to con- start my comments today by thanking unbelievable and tragic loss. I thank struct a memorial in remembrance of the senior Senator from Illinois. It has my colleague Senator DURBIN for orga- the Katyn massacre at St. Adalbert been an honor to join with him on this nizing this time, joined by Senator Cemetery, which Poland’s President important resolution. JOHANNS of Nebraska. Kaczynski was planning to visit in just I rise today to pay my respects to the As one who notes the Senate floor a few weeks. people of Poland, to acknowledge the today, I see we stand here not as Demo- Anna Walentynowicz was a famous great work of their President, Presi- crats and not as Republicans but as civilian leader and a former dock work- dent Lech Kaczynski, to acknowledge Americans who want to extend our er whose firing in 1980 sparked the Soli- the death of his wife and 94 other Poles heartfelt sympathy to the people of Po- darity strike that ultimately over- who died in the plane crash in western land. I thank my colleague for orga- threw the Polish Communist govern- Russia this last Saturday, April 10. nizing this resolution and for all of his ment. Due in part to her inspiration, They were traveling to Katyn, Russia efforts in support of Poland—from the Poland has emerged as a thriving and for a memorial service to mark the years of trying to get the truth out prosperous free market democracy 70th anniversary of the Soviet killing about the Katyn Forest, to his very since the end of the Cold War. of more than 20,000 Polish officers in able and unstinting efforts to bring Po- Poland shares a state partnership 1940. land into NATO and to advance Polish program with my home State’s Na- Among the Polish leaders killed in democracy. I thank him. tional Guard, a partnership that has the plane crash last Saturday were doz- I rise here today as a granddaughter been in place since shortly after the ens of members of Parliament, revolu- of a woman who came from Poland fall of the Berlin Wall. It is one of the tionary heroes from 1989, senior mili- over 100 years ago, when women did not many partnerships our Illinois Na- tary commanders, and the president of even have the right to vote. When she tional Guard has with former Warsaw the national bank. This is a terrible, got off of that boat at Fells Point in Pact member nations. Since 1993, hun- heartbreaking loss, not just for Poland Baltimore she was a 16-year-old girl in dreds of Illinois National Guard mem- but for its close friend and ally, the search of the American dream. Little bers have participated in exchanges United States. did she dream that less than 100 years with Polish forces in cooperative ef- The tight bond that has been forged later, her granddaughter would stand forts supporting the conflicts in Iraq between Poland and this country has on the floor of the Senate, advocating and Afghanistan and in other military been one of the most welcome results for democracy in Poland, righting the training and exchanges. of the end of the Cold War. Since the wrongs of World War II. And little did Among those killed in last week’s fall of communism, in which the Polish I realize, with the great honor the peo- tragedy are officers who were well Solidarity movement played a major ple of Maryland have given to me, that

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The Senator from Illinois is rec- leader with a lifetime of service to this side. And now, as he was President of ognized. country. Poland, forging new relationships, Mr. DURBIN. Mr. President, I thank The Polish people lost their First mending the wounds with the Jewish the Senator from Maryland. She is of Lady, Maria, beloved by the people for community, it was a time of Polish proud Polish heritage. When she spoke her good works and her good deeds. leadership reaching out to the world in of her grandmother coming to Fells More than 90 other dedicated Polish pa- efforts of reconciliation. In this case, Point in Baltimore, I couldn’t help but triots perished that terrible Saturday Russia reached back. think of my grandmother coming to morning—esteemed and decorated mili- One of the people who died—it was so that same place, 99 years go, from tary officers, the equivalent of our poignant—was a woman named Anna Lithuania, to become part of this Joint Chiefs; experienced diplomats; Walentynowicz. She was in many ways American family. I would like to ac- elected leaders; the head of their cen- the Rosa Parks of Solidarity move- knowledge, too, on behalf of many who tral bank, and citizens who have put ments. She was a crane operator in the followed her, our gratitude to Poland their lives on the line for Poland. All Gdansk shipyard. They fired her for over the years. Poland was first to de- were Polish patriots. My heart weeps trying to form a union and when Anna mocracy in the region, and stood by for the terrible loss and for the people stood up, so did Lech Walesa, and Soli- the Baltic States, particularly Lith- of Poland. darity was born. When he leapt over uania, their neighbor, as they reached We know the terrible story of the that wall he took the whole world with their own level of democracy and free- Katyn massacre that brought them to him. Down it came, after years of mar- dom. this site, this unbelievable site for the tial law and occupation. We had Soli- The Senator from Maryland will be last 70 years saturated with incredible darity and then ultimately a free Po- heartened to know that we have just melancholy. In the spring of 1940, the land. been notified by the cloakrooms that Soviet secret police executed over At this time of great tragedy as we all 100 Senators have asked to be added 20,000 Polish prisoners of war—20,000 honor those who died in the forest in as cosponsors of this resolution, to Polish military officers. Then there 1940, and those who died in the forest show our solidarity with the people of were other intellectuals from law, from on Saturday, we can see that hopefully Poland. science, from medicine. A whole gen- some good would come out of this. It I thank the ambassador for his at- eration of Polish patriots and lenders has been a triple tragedy—the mas- tendance this morning and hope he will was murdered in that terrible place, sacre of 1940, the coverup by the Soviet express to his government and the peo- people who died for Polish freedom. Union, and now the Saturday airplane ple of his country our profound grief at Part of Stalin’s efforts to destroy the crash. But out of this we hope would his loss and our determination that our Polish people was to destroy its lead- come a new sense of cooperation. I ac- strong friendship with Poland con- ers. The Nazis then continued what knowledge that the Russian Govern- tinues. I yield the floor and suggest the ab- Stalin had begun. Then the world— ment has been working with the Polish sence a quorum. after a brutal war, the terrible death Government to recover the bodies and The ACTING PRESIDENT pro tem- camps—at Yalta and Potsdam the West send them home with dignity and pore. The clerk will call the roll. abandoned Poland, and Poland, against honor. Their promises of a complete in- The assistant legislative clerk pro- its will, was forced behind the Iron vestigation seem to be unfolding and ceeded to call the roll. Curtain. they have invited Polish officials to Mr. MCCONNELL. Mr. President, I What do we know about the Polish join with them, side by side. ask unanimous consent that the order people? Their nation never dies because We hope out of this tragedy might for the quorum call be rescinded. their nation does live not only in a further come other acts of great rec- The ACTING PRESIDENT pro tem- government, not only now under a rule onciliation. That is what we need to pore. Without objection, it is so or- of law and a constitution that is serv- think about, how Poland continues to dered. ing them so well at this troubled time, move the world to peace and to rec- f but Poland lives within the hearts of onciliation. its people. No massacre, no Iron Cur- I want to acknowledge the people RECOGNITION OF THE MINORITY tain, could ever take it away from from Poland and what they did for the LEADER them. United States. Pulaski helped fight in The ACTING PRESIDENT pro tem- During those dark years when Poland our Revolution. Kosciuszko built West pore. The minority leader is recog- continued to be under Soviet domina- Point, was one of the architects of the nized. tion, there were those who worked to American Revolution. When he went f tell the story of what happened at back home to help Poland be free, he Katyn. Joining with my colleagues in left money with Thomas Jefferson to FINANCIAL REFORM the Congress, I fought for many years fight for the abolition of slavery. Mr. MCCONNELL. Mr. President, yes- to release the information about that Through all of the wars, Poland has terday morning I came to the floor to horrific massacre, even contacting always been on the side of the West. point out, regretfully, that the finan- President Gorbachev, as part of his During World War II, those who would cial regulatory bill the Democratic ma- glasnost and perestroika, to at least re- escape from Poland led the armies in jority plans to introduce in the coming lease all the information. Finally, in exile. They were at Monte Cassino, days is fatally flawed. It not only al- 1990 they began to do it. But it was they flew in the Kosciuszko Squadron lows endless bailouts for Wall Street, it only now, last Wednesday, 1 week ago, with the RAF, they have been at our institutionalizes them, making them at the site where the massacre oc- side in Iraq and Afghanistan. Wherever official government policy. This is curred, the Prime Minister of Poland, there is a fight to be made for freedom, truly astonishing. For nearly 2 years, Mr. Tusk, with Mr. Putin, met in that the Poles are there and they need to the American people have been telling forest where Putin issued a formal know, when they make those fights, us that any financial reform should apology to the Polish people and said the United States of America is with have two goals: It should prevent the all information and archives would be them. kind of crisis we experienced in the fall open. For those who died on Saturday in of 2008, and it should ensure that the We were so filled with joy. It was a that terrible, melancholy forest, our biggest Wall Street banks pay for their time of great reconciliation. That is hearts go with them. To the people of own mistakes—the biggest Wall Street what Saturday was about, it was the Poland we express our sympathy, but banks pay for their own mistakes. Yet

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2255 the bill we are being asked to consider scope of potential future bailouts. It that it didn’t approve of her efforts at does not even begin to solve these fun- does this by authorizing a financial forging a bipartisan deal. It has also damental problems. In fact, it exacer- stability oversight council to designate been reported that the Democratic bates them. It is almost as if the people nonbank financial institutions as po- chairman of the Banking Committee who wrote this bill took the pulse of tential threats to financial stability backed out of bipartisan negotiations the American people and then put to- and, hence, too big to fail. So a new under pressure from the White House. gether a bill that endorses the very government board based in Washington The White House spokesman was even things they found most repugnant would determine which institutions more explicit, saying late last month about the first bailout. would qualify for special treatment, that the White House is not interested The proponents of this bill will make giving unaccountable bureaucrats and in compromising on this legislation. So a lot of claims about what this bill self-appointed wise men in Washington the White House has been really quite does and does not do. But the American even more power to protect, promote, clear. It plans to take the same ap- people did not go through the financial or punish companies at whim. These fa- proach on financial reform as it took crisis, did not put up their own collat- vored firms would then have a funding on health care—put together a partisan eral to bail out Wall Street only to be advantage over their competitors, lead- bill, then jam it through on a strictly deceived about the contents of this ing to outsized profits and the exten- partisan basis. It should go without Wall Street bill. sion of enormous additional bailout saying that this is not the kind of ap- We need some truth in advertising risk for taxpayers even beyond the proach most Americans want in Wash- here, so let’s look at what this bill ac- largest banks. ington, and it is not the kind of ap- tually does. Its authors claim the bill Fifth, the bill does nothing to correct proach they were told they could ex- gives the government the authority to the massive market distortions that we pect from this administration. wind down failing firms with no expo- all know were created by Fannie Mae We can do better, and we must. sure to the taxpayer. But as a factual and Freddie Mac. Job 1 in writing this Americans are still dealing with the matter the bill creates bailout funds, bill should have been to address the in- fallout from the financial crisis. Get- authorizes bailouts, allows for back- herent problems caused by these mas- ting this policy right should be our door bailouts in the FDIC, Treasury, sive government-sponsored entities. and the Fed, and even expands the first priority. This bill gets it very, This bill ignores that issue entirely. very wrong. scope of future bailouts. The American taxpayer has suffered It does this, first of all, by creating a I yield the floor. enough as a result of the financial cri- new permanent bailout fund, a prepaid f sis and the recession it triggered. They $50 billion bailout fund, the very exist- have asked us for one thing: Whatever RESERVATION OF LEADER TIME ence of which would, of course, imme- you do, they say, do not leave the door diately signal to everyone that the The ACTING PRESIDENT pro tem- open to endless bailouts of Wall Street government is ready to bail out large pore. Under the previous order, the banks. Whatever you do, the American banks the same way it bailed out leadership time is reserved. people have said, do not leave the door Fannie Mae and Freddie Mac. So the f same distortions—the very same dis- open for endless bailouts of Wall Street tortions that developed within the banks. This bill fails at that one funda- MORNING BUSINESS housing market would inevitably de- mental test. If there were two lessons we should The ACTING PRESIDENT pro tem- velop in the financial sector. Didn’t have drawn from this crisis, one is that pore. Under the previous order, there like Fannie Mae and Freddie Mac? How if investors are reckless, then they will now be a period of morning busi- about 35 to 50 of them? That is what should pay for their recklessness. If in- ness for 1 hour, with Senators per- this bill would give us. vestors are reckless, they should pay mitted to speak therein for up to 10 Second, it authorizes bailouts for minutes each, with the Republicans creditors. In other words, it is not for their recklessness. The other thing we should have learned is that Wash- controlling the first 30 minutes and the enough to bail out a bank; the people majority controlling the final 30 min- who invested in the bank would get a ington bureaucrats are horrible at seeing these kinds of crises develop. It utes. bailout too. Made a bad bet? No prob- The ACTING PRESIDENT pro tem- lem; the government will bail you out. should be beyond obvious that more bureaucrats will not prevent the kinds pore. The Senator from Florida is rec- Made a bad bet on a company that ognized. made a bad bet? No problem; the gov- of problems other bureaucrats over- ernment will bail you out, too—pro- looked. f If you need to know one thing about vided, of course, that you are among FISCAL RESPONSIBILITY the creditors favored by the White this bill, it is that it would make it of- House. This is great if you are on Wall ficial government policy—official gov- Mr. LEMIEUX. Mr. President, I come Street; it is not so great if you are on ernment policy—to bail out the biggest to the floor today to speak on a topic Main Street. It is great if you are in a Wall Street banks. This bill would I have addressed many times since I union; it is not so great if you are not. make it official government policy to came to the Senate in the fall of last This bill institutionalizes the picking bail out the biggest Wall Street banks. year. Having come from running a of winners and losers and gives the gov- So if the administration is looking for business and having worked in State ernment broad authority in choosing bipartisan support on this Wall Street government, every day it is still alarm- which creditors get paid in full and bill, they can start by eliminating this ing to me the way Washington spends which ones do not. aspect of the bill, not because Repub- money. In no other place in America Third, the bill gives the government licans are asking for it but because and perhaps no other place in the world a backdoor mechanism for bailouts by community bankers, community bank- is money spent by an organization extending to the Federal Reserve an ers all across the country, and Amer- without any reference to how much enhanced emergency lending authority ican taxpayers are demanding it. money is being taken in. Unfortu- that is wide open to abuse. It gives the Unfortunately, the administration nately, the situation has gotten to a Federal Deposit Insurance Corporation evidently is more interested in using point where it is completely and Treasury broad authority over this debate as a political issue than in unsustainable for this country. troubled financial institutions without actually addressing, on a bipartisan We open our newspapers today and requiring them to assume responsi- basis, the many weaknesses that are we read stories about Greece having to bility for their own mistakes. This currently built into our economy. For borrow money from the European means that unproductive firms which example, it has been reported that the Union, being so far in debt that the would otherwise go into bankruptcy senior Democratic Senator from Ar- forecast of the country’s viability is in would now be propped up by the gov- kansas was working on a bipartisan so- question. Yet our country is headed on ernment like zombies. lution to one of the key areas where re- the same path, but few come to the Fourth, this bill expands the scope of form is needed but that she was told by floor of this Chamber and sound the potential future bailouts—expands the the White House in no uncertain terms alarm. I will continue to do that for

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2256 CONGRESSIONAL RECORD — SENATE April 14, 2010 the remainder of the time I have here If I go home to Florida, as I did this This morning I had the opportunity in this body because the future of this past weekend, and talk to Floridians to speak to a friend of mine who is country is at peril. and ask: Could you live on what you about to become speaker of the house While we have spent too much for had in 2007? Based on these difficult of the Florida House of Representa- many years, the rate and pace of that times, my constituents had more tives, a man named Dean Cannon. spending now is beyond control. But it money in 2007 than they do in 2010. Right now the Florida legislature is in need not be. We need not continue in Why shouldn’t the Federal Government session. They have to balance their the ways of spending more money than be able to live on what we spent in budget, a very unfamiliar notion in we can possibly pay back. Let me set 2007? Why can’t that be enough? If we Washington, DC. They are cutting bil- the table, if I may, of the financial sit- did that, if we froze spending across the lions of dollars from the Florida budg- uation we are in. board at 2007 levels, when the economy et, as they did last year and the year Here in 2010, we are about the busi- was still going strong, before we in- before, because revenues are down be- ness of setting up the budget for 2011. jected all this stimulus money, if we go cause the economy is hurting. They You would think the first question we back to a place of normalcy—and, trust have three choices. They can make would ask would be, How much money me, there was plenty of redundant and cuts, raise taxes, or find new sources of do we expect to take in in 2011? Well, wasteful spending in 2007—let’s go back revenue. Right now they are going the number is about $2.2 trillion. Yet to that as a framework. If we were to through the process of cutting because the projected budget of how much we cap our spending at 2007 levels, by 2013, they have to. They are making respon- are going to spend is $3.8 trillion. We we would balance the budget and start sible leadership decisions. That process will run a deficit in this year alone of running a surplus. By 2020, instead of does not happen in Washington, DC. $1.6 trillion. having a $22 trillion national debt that Under this bill, a framework would be Now, these numbers are so big. Well, is unsustainable, we would have a $6 provided that would require that de- $1 trillion—what is $1 trillion? Well, $1 trillion national debt. We would have bate. It would require that focus. trillion is $1,000 billion—$1,000 billion. cut it in half. We would have preserved The majority of my colleagues are A billion is 1,000 million. The numbers the American dream for our children more interested in new programs than are so hard to fathom, but let me ex- and grandchildren. making the programs we have run plain, if I can, in a way I have often I have four small kids—we just had a more efficiently and effectively. We talked about here on the floor. If you baby 2 weeks ago—Max, Taylor, Chase, cannot afford new programs. We cannot put dollar bills side to side, you could and Madeleine, 6, 4, 2, and 2 weeks. My afford the programs we have now. If we cover two football fields with $1 mil- greatest fear is, someday one of my keep blindly looking off and pretending lion. kids is going to come to me, when they we don’t have this crisis, the car is If one laid $1 billion on the ground in are an adult, after they have gone to going to hit the wall. Our children are one-dollar bills side by side, they could school, and say: Dad, we are going to going to be in a situation where they cover Key West, FL, which has a move to India or Brazil or Ireland or can’t fulfill the American dream. The square area of more than 3 miles. They some other country. The opportunities 2007 solution says we are going to have would blanket the city with one-dollar bills with $1 billion. Mr. President, $1 in those countries are better than the a debate for 50 hours on the floor of trillion will cover the State of Rhode ones in the United States. Dad, your this Chamber every year about how we Island twice. Every one of these dollars generation and the generation before can get back to 2007 levels. It doesn’t is a dollar taken from the American so mismanaged this government that specify where the cuts should be. Shall taxpayer, a dollar they could spend on you ruined the American dream. Our we make cuts in the Defense Depart- families, on children’s education, on taxes now are so high to pay for the ment? Do we need to reform our enti- homes, on needed repairs. We take debt for things you spent in the past. tlement programs? Is there waste, those dollars and spend them. Now we Our entitlements are so weighty we fraud, and abuse in Medicare? We spend them beyond an ability to pay can’t afford them. We are going to would have those discussions. It would them back. Right now, because of the leave. be our governing, focusing principle for money we borrow, more than $200 bil- The 2007 solution would solve that at least 50 hours. Do we not have 50 lion a year goes to interest payments problem. How does it work? Every year hours to figure out whether we can run alone, paying for the money we should under this bill, the majority leader of government more efficiently and effec- not have spent in the past. At our cur- the Senate and the majority leader in tively? rent rate of spending, according to this the House would have to come to the There are hundreds of billions of dol- administration, by the end of this dec- floor and file a procedure to allow for lars we could cut out of the Federal ade, we will have another almost $10 50 hours of debate on this floor and on Government and not impact our con- trillion in debt, making our total debt the floor of the House of Representa- stituents back home. I am convinced of $22 trillion. tives to decide how we are going to it. Do we not think there is 10 percent At that point, our interest payment make cuts to stay within 2007 levels. If waste in Federal agencies that have each year will be $900 billion. At that the majority leader doesn’t do it, the not made cuts for more than a decade? point, the budget breaks. At that minority leader has the opportunity. If If we cut 10 percent across the board in point, what we call mandatory spend- the minority leader doesn’t do it, any Federal agencies, we would save more ing on entitlements, such as Social Se- Senator can do it. Then we will have than $100 billion a year; 20 percent gets curity and Medicare and Medicaid, will to, for the first time, have an adult us close to $300 billion. Businesses, be all of the budget plus the interest. conversation about priorities. Maybe families, State governments are doing There will be no money for defense, no then we would call in the agency heads this right now and have been doing it money for homeland security, for any of the different agencies of government for years. The 2007 solution, which I of the other programs in government. who have had 10, 15, 20 percent-plus in- hope my colleagues on the other side of If we have this impending crisis, if we creases year after year in their budgets the aisle will embrace, says: Let’s have are driving the car toward the wall, for more than a decade, and we would a discussion. Let’s have the architec- why aren’t we making any changes? say: Can you make some cuts? Can you ture in place to get back to a level of Today I am filing legislation to enact a do things more efficiently? sustainable spending. If we did that, if change, enact a mechanism, an archi- American businesses for the past 3 we were principled about it, we could tecture to have a discussion on the years have been making tremendous save this country. It is to that point. floor in this Chamber and in the House cuts because they have to. We don’t The debt is cascading out of control. to find a solution to put America back make cuts in our agencies. Our agency I came to this body in September of on a stable financial path. The bill is heads don’t meet with the members of last year. I stand on the floor of the what I call the 2007 solution. In 2007, their organizations, the tens and thou- Senate in April, and we have gone $1 the economy was still going strong. It sands of workers who work in the dif- trillion more in debt since I arrived, $1 was not until December of that year ferent agencies, and say: Can we do trillion in a 6- or 7-month period. It that we found ourselves beginning the things differently? Can we do things took us until 1980, from 1789 to 1980, to recession. more efficiently? go $1 trillion in debt. We did it in 6 or

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2257 7 months. Our spending is out of con- time and again we have worked hard up to face every morning because while trol. We need a solution. We need a here to respond to, but time and again there certainly have been signs of im- framework for a governing leadership we have faced opposition to do that. provement, we have a lot of work left discussion. I believe the 2007 solution Before we left for the recess, we had to do. I certainly believe that work bill can do that. an opportunity to pass an extension of starts with helping our small busi- I hope my colleagues will embrace the unemployment benefits, to respond nesses, which are the heart and soul of this provision. I hope we can create an to that emergency in our job market, our economy. architecture to put America back on and to avoid the uncertainty job seek- Growing up, my dad ran a five-and- the right path. I know there are people ers across the country now face. Demo- ten-cent store on Main Street—actu- of good conscience on both sides of the crats put an unemployment extension ally Main Street—in Bothell, WA. All aisle, including the man who sits in the out on the table. It was a proposal that six of my brothers and sisters and I chair today, who care about this spend- was similar to extensions we have done worked there. From an early age, we ing problem. If we could get past par- routinely in difficult times, and, as we swept floors, we stocked the shelves, tisanship, if we could get past rhetoric all know, times have seldom been more we worked the register. And when and focus on this issue, we could save difficult. But it has become an all too small businesses like ours struggled, America. familiar story now: Those on the other we all knew the consequences. We saw I yield the floor and suggest the ab- side of the aisle said no and put ob- it in the till at the end of the day. We sence of a quorum. struction before assistance, politics be- saw it in the families who were coming The ACTING PRESIDENT pro tem- fore people, and point-scoring before to buy things from my dad. Small busi- pore. The clerk will call the roll. the needs of those who have lost their nesses really were the economic engine The legislative clerk proceeded to jobs. of Main Street then, and, do you know call the roll. This week, we have a chance to make what, they still are today. Mrs. MURRAY. Mr. President, I ask things right. The legislation we are But what I hear time and again today unanimous consent that the order for trying so hard now to pass this week is is that while Wall Street is doing a the quorum call be rescinded. very straightforward. This bill will get whole lot better, Main Street is still The ACTING PRESIDENT pro tem- unemployment insurance to millions of really struggling and that the small pore. Without objection, it is so or- struggling families who rely on it to community banks, which are a major dered. meet their basic needs, to pay their source of capital in all of our commu- Mrs. MURRAY. Mr. President, I ask mortgage, and afford school. It will re- nities, are not lending. When small unanimous consent to speak under store the safety net that is critical to banks, which are the lifelines of our morning business on the Democratic keeping our economy stable. It will small businesses, do not lend, then side. give those people who are looking for credit is not flowing, businesses are not The ACTING PRESIDENT pro tem- jobs the means to afford to keep look- hiring, and recovery is not coming to pore. Without objection, it is so oring for them. And it will keep our eco- Main Street. That is exactly why I dered. nomic turnaround on course. It is have introduced legislation that would Mrs. MURRAY. Thank you, Mr. aimed at helping real families with the redirect TARP dollars to buy toxic as- President. real problems they face every day. sets such as bad mortgages off the f But make no mistake, the con- books of our community banks at sequences of not reaching a com- home to help free up their credit and UNEMPLOYMENT AND JOB promise and passing this bill are just get them lending to our small busi- CREATION as real. Today, families in every single nesses again. We have done enough for Mrs. MURRAY. Mr. President, last one of our States are sitting around Wall Street. It is past time we con- Sunday at midnight thousands of peo- their kitchen table trying to figure out centrate on helping our small busi- ple in my home State of Washington, how they are going to make it through nesses and local employers. who have lost their jobs through no the weeks and months ahead without Another way to help improve local fault of their own, had the rug pulled these payments. Oftentimes, they have job markets and all those who are out from underneath them. That is be- spent their day calling employers and looking for work is to, of course, lessen cause these men and women, who wake going to job fairs with long lines and the tax burden on our small businesses up each day to scan the classified ads very few opportunities, filling out more so they can afford to hire new workers. and send out resumes and travel to job applications. These families are Over the recess, I had the opportunity interview after interview, had the un- now looking to us for the help they to talk to owners of local bakeries and employment benefits they count on need in a time of crisis. But every motels and marketing companies and a suddenly cut off. In losing that critical evening these families are turning on lot more throughout my entire State, support, they lost an important source the nightly news to hear another story and, do you know what, they all told of security they need to help them stay about gridlock in our Nation’s Capital. me the same thing. They want to hire in their homes or make rent and the They see this Senate being forced to and they want to expand. They even stability that allows them to continue jump through procedural hoops and en- see new opportunities. But the risks for to afford to look for work. dure endless delay tactics to get even them now are just too great. What they Over the last 2 weeks, I have traveled emergency legislation passed. They see need from us is certainty and security. throughout my State, talking to my politics clouding policy, obstruction I told them we are working to provide constituents and discussing our econ- impeding process, and, do you know them with just that. I told them the omy and working to support job-cre- what, they are really getting sick of it. health care reform bill we just passed ation efforts, and I have to say the So today I urge all of us to come to- includes a 35-percent tax credit that frustration is very clear. It is written gether and move forward with the same small business owners can receive im- on the faces of so many in my State urgency those who have lost their un- mediately to help them cover their who just cannot seem to get a break, employment have, that we join to- workers. I encouraged them to hire un- who have come close to being hired but gether the way we did to pass the Chil- employed workers who have been out have been told the time is just not dren’s Health Insurance Program or of work for more than 60 days because right, they should come back next fair pay for women in the workplace or we now are giving them an exemption month or next year. These are people small business tax cuts. We need to re- from their payroll taxes for those new who are struggling job seekers, and store the faith of the American people employees. I told them now is the time they do not hold back when describing and pass this critical extension. to make big purchases they want be- what they continue to face. It is an But for those who are fighting to get cause we have worked to pass legisla- emergency. It is an emergency that af- back to work and support their fami- tion that will allow them to write fects their ability to pay their bills, lies once again, unemployment obvi- those purchases off immediately. I told their ability to put food on the table, ously is not enough. We need to be tak- them we have worked to ensure that and their ability to keep their job ing every step we can to improve the the Small Business Administration is search going. It is an emergency that job market unemployed workers wake increasing its local lending efforts. But

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2258 CONGRESSIONAL RECORD — SENATE April 14, 2010 I also told them, of course, that we week I am going to be introducing a hearings we held were on the fore- have more to accomplish and they, the bill on the Senate floor that will take closure crisis in the Nation and trying small businesses, need to be the focus a look at why our military skills are to get the attention of the previous ad- of recovery efforts from this point on. not translating into skills that get ministration, Secretary Paulson and Another central tenet of improving them jobs when they come home. It others, to pay attention to the situa- the job market is included in the his- will help our veterans get into appren- tion that was emerging. Our economy toric health care reform legislation we ticeship programs and careers where I was collapsing and too many people passed into law last month. As we all know they will excel. It will improve were losing their homes, an economic know, that bill greatly expands access the military and civilian transition catastrophe was looming, and, frankly, to care in communities across the Na- process. And we are going to set up a there was not enough attention being tion, but what has gone less noticed is veterans business center within the paid initially to this issue by the pre- that the bill also greatly expands ac- Small Business Administration to help vious administration. Nonetheless, we cess to health care careers to help meet our veterans get the skills and re- worked forward. So, today, we find our- that new demand. sources to start their own businesses. selves on the brink of making an effort I was the Senator in the HELP Com- This week on the Senate floor, we to deal with this problem. mittee who was responsible for the have a chance to keep our unemployed After listening to some of the rhet- health care workforce section of the workers afloat. It is an unemployment oric of the last 24 hours, I wonder if we bill we passed, and I worked to make extension that is a lifeline. It is a life- are in not only the same Chamber in sure we made numerous investments to line that will help allow unemployed the same city but on the same planet create and sustain good-paying health workers to continue looking for every when it comes to the efforts that have care jobs. Our bill that is now signed job opportunity and to support their been made to try and reach bipartisan into law includes incentives such as families in that process. But ulti- agreement to deal with financial re- loan repayment programs, scholar- mately we need to get these workers form. I have almost unlimited pa- ships, and grants, all to help encourage into the boat. We need them to get tience, as many of my colleagues know, students to go into high-need fields and good, stable jobs. That means sup- but that unlimited patience is being to work in underserved areas. It in- porting our community banks, reduc- tested by some of the comments I have vests in education, training, and reten- ing the tax burden on small businesses, heard. So I felt incumbent to respond tion efforts, not just for new health and expanding opportunities for health this morning to some of these accusa- care workers but for those who are al- care workers and our returning he- tions about the effort being made to ready working to provide quality care roes—our veterans. achieve a proposal on financial reform in our country. Investments in our As I said earlier, the American people that might attract broad support in health care workforce create jobs. are watching us. They want us to have this Chamber, unlike other efforts that They ease the strain on overworked the same urgency they feel in their have been made over the past several health care professionals. And it is lives every day. They want to know years, as I have said repeatedly during going to keep Americans healthy so their dinner table debates are our floor the many months we have been work- they can be productive on the job. debates. They want to know that cre- ing on this important legislation. Finally, I believe we need to pay par- ating jobs is our No. 1 priority and that These are complex issues. We have ticular attention to our efforts to hire we will be at the back of those who are gone through the most serious finan- our Nation’s heroes, and they, of trying so hard to get back to work. cial crisis since the Great Depression. course, are our veterans. Right now, So I come to the floor to urge every- That is how serious this is. In the the unemployment rate for veterans one to come together to pass this im- words of financial leaders in this coun- who are returning from Iraq and Af- portant extension of unemployment try and elsewhere, we were on the ghanistan is over 21 percent. More than benefits, put politics aside for a couple brink of a meltdown of the entire fi- one in five of the men and women who weeks and months, and help us all nancial system in this country, and we went and fought for our country are re- work together to create job opportuni- came perilously close to having that turning home only to have to fight to ties and get Americans back to work. occur. For those 7 million who lost find work. These are disciplined, tech- Thank you. I yield the floor, and I their homes or the 8.5 million who have nically skilled, determined workers suggest the absence of a quorum. lost their jobs, it might as well have who nonetheless have been left to The ACTING PRESIDENT pro tem- been a financial meltdown, not to men- stand at the back of the line or have pore. The clerk will call the roll. tion the retirement incomes that evap- their resumes lost in a stack some- The legislative clerk proceeded to orated and, of course, the loss of con- where. call the roll. fidence in our future, along with health Over the last 2 weeks, I talked to The ACTING PRESIDENT pro tem- care and a variety of other things that many unemployed veterans in my pore. The Senator from Connecticut. have happened to working families in home State of Washington about just Mr. DODD. Mr. President, I ask unan- this country. what it is that is keeping them from imous consent that the order for the During the course of this debate, as finding work, and, frankly, what they quorum call be rescinded. critical as it is, of these complex mat- told me was shocking. Many veterans The ACTING PRESIDENT pro tem- ters that make up the structure of the told me they sometimes leave off the pore. Without objection, it is so or- architecture of our financial system, it fact they are veterans from their re- dered. is critical to the future of our economy sume because employers are looking at f and the livelihoods of millions of mid- it as a negative rather than a positive dle-class Americans across this Nation because of the stigma of the invisible FINANCIAL REFORM that this debate should not be sullied wounds of war. National Guard mem- Mr. DODD. Mr. President, I rise this by misinformation or derailed by those bers talked of coming home to find morning to try and set the record who would try and make it just an- they have been laid off because their straight, if I can, on some of the rhet- other partisan game. Playing politics job no longer existed at the company oric I have heard over the last 24 hours with this issue is dangerous indeed. Un- they left behind when they went to or so regarding the financial reform ef- fortunately, the talking points deserve our country. Other veterans told forts I have been engaged in along with ployed by the Wall Street lobbyists, in me the Pentagon and VA transition my colleagues on the Senate Banking an effort to protect the status quo, programs just are not working for Committee for the past 38 months. leave my constituents and many Amer- today. And they struggle to have em- I became chairman of the Banking icans vulnerable to yet another eco- ployers understand how the technical Committee in January of 2007, about nomic crisis. Those arguments are lit- skills they learned in the military will 38, 39 months ago. Since that time, of tered with falsehoods—outright false- translate to help them in the civilian course, we have held countless hearings hoods—that I regret to say are now working world. and meetings to deal with the financial being repeated by people who should What I heard is unacceptable, and it crisis beginning in January and Feb- know better and, frankly, do know bet- has to change immediately. So next ruary of 2007. In fact, the very first ter.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2259 So today and this morning I wish to is a disservice to yourselves—those bers of this body repeat the utter false- set the record straight. I wish to start who make these allegations—and their hood—concocted by special interests by attacking one of the wildest and, good staffs who worked hard over these whose jobs and pensions are plenty se- frankly, most dishonest objections to many weeks with my Democratic staff cure, thank you very much—that this this legislation, which is the notion and others to produce this product. bill will lead to more bailouts. that it is somehow a partisan docu- If Members wish to vote against the Frank Luntz suggested that allies of ment. I consider the minority leader bill, they can do that. That is their the big banks say: and the ranking member of the Bank- right to do so. They can go on record in If there is one thing we can all agree on, ing Committee to be good friends. They support of leaving their constituents it’s that the bad decisions and harmful poli- are patriots, with whom I have worked vulnerable to more lost jobs, more cies by Washington bureaucrats that in over many years on many issues. Sen- foreclosures, more shuttered small many ways led to the economic crash must ator SHELBY and I have been working businesses, more wiped out retirement never be repeated. together for over 1 year on these accounts. It is up to each individual The minority leader, speaking yes- issues, and I cannot, for the life of me, Member to decide for themselves that terday, said: understand how anyone can claim with is the vote they wish to cast when it If there’s one thing Americans agree on a straight face that what I have tried comes to this effort. But the outcome when it comes to financial reform, it’s this: to achieve on this bill is a partisan ef- of this debate will, mark my words, af- Never again should taxpayers be expected to fort. I have spent the last year seeking fect the economic security of ordinary bail out Wall Street from its own mistakes. bipartisan consensus. Americans, and they deserve to know We cannot allow endless taxpayer-funded In February of 2009, over 1 year ago, the truth of what has happened. bailouts for big Wall Street banks. That’s with the new Obama administration Today, I wish to talk about bailouts. why we must not pass the financial reform bill that’s about to hit the floor. freshly sworn in, I insisted from the Nobody likes them. very beginning that Senator SHELBY’s Under our proposal, they will never Remember what Frank Luntz said: staff be included in meetings with the happen again. As the President said in The single best way to kill any legislation White House and Treasury Department his State of the Union Address, bailing is to link it to the big bank bailout. on all financial matters. When I had out some of the large banks whose own It is straight from the Wall Street the opportunity to take over the chair- mismanagement caused the crisis was special interest talking points. That is manship of the HELP Committee, the ‘‘about as popular as a root canal.’’ what they are determined to do to de- committee charged with the responsi- That, of course, happened under the feat this bill—suggest somehow that bility of writing the health care reform previous administration, I should note. there is a bailout provision in this bill. But serious legislators of both par- legislation, I chose to stay as chairman Nothing could be further from the ties realized that we had no choice. Our of the Banking Committee, in no small truth. system was so broken that these com- part because I received commitments The bill, as drafted, ends bailouts. panies had become too big to fail. If we from Senator SHELBY and others that Nothing can be more clear in the legis- did nothing else, our entire economy we would work together on this finan- lation. For the very first time, our Na- could collapse, we were told. tion will have someone with the job of cial reform legislation. You would think that if you wanted When I introduced a discussion draft monitoring risks to the financial sys- to avoid being backed into that corner tem and sounding the alarm before of this proposal back in November—al- again, if you wanted to avoid more those risks can take down the entire most 6 months ago—Senator SHELBY bailouts, you would oppose efforts to system, as it almost did. The bill im- indicated we had bipartisan consensus protect the status quo. But Wall Street poses sufficient standards on Wall on at least 70 percent of the bill back special interests needed a way to de- Street firms that create those risks. in November. To get closer to a full fend this broken system. After all, for Our bill establishes a financial sta- agreement, I created four bipartisan many of them, the kind of mismanage- bility oversight council to monitor working groups almost 6 months ago, ment that costs us millions of jobs is each of which was charged with achiev- the way they pad their profits and pay risks and requires the Federal Reserve ing real and meaningful progress in their lobbyists. So they turned to to write strict rules, including stronger various sections of the bill. Even when Frank Luntz, their political strategist. requirements regarding capital, lever- Senator SHELBY and I found areas Let me tell you what he came up age, liquidity, and risk management on where we could not agree, I continued with. I will quote from Mr. Luntz’s the largest financial companies, mak- to reach out to other members of the memo that was leaked, I will quote ing it hard for them to get too large committee, including my friend and from his partisan memo: and limiting the risk they represent. colleague from Tennessee, Senator The single best way to kill this legislation Cracking down on the biggest players CORKER, and others, spending weeks is to link it to the big bank bailout. is critical to ending bailouts. working to try to achieve a consensus No matter what is proposed, no mat- If a Wall Street firm does become too on financial reform. It is not even a ter what is in the bill, no matter what large or too complex and poses a grave slight exaggeration to say we spent protections it includes, call it a bail- threat to our financial stability, the countless hours—phone calls, meetings, out. It is a naked political strategy. If Federal Reserve has the power to re- e-mails, discussion drafts—day after it succeeds and this legislation goes strict its risky activities, restrict its day, week after week, month after down, and another crisis sinks the growth, and even to break up those in- month, to try to get closer and closer American economy, then the next re- stitutions. I will repeat that. If a Wall to a proposal our colleagues could sup- cession and all of the damage it will Street firm becomes too large and too port. bring to the working families of this complex, the Federal Reserve has the We can see the results. The bill we country will have happened for the power under our bill to prohibit those marked up in our committee last sake of that false talking point that activities, including even breaking up month was much changed from the pro- Mr. Luntz has been proposing. I don’t those institutions. posal I made in November, the initial expect Frank Luntz to care about the Additionally, our bill extends over- discussion draft, to reflect the work truth of what we are engaged in here. sight to dangerous nonbank financial that had gone on over those many That is not his job. He is a political companies, such as AIG, that could weeks and months and the ideas strategist. He is to provide political pose a risk to our financial stability, as brought to the table by colleagues of talking points to people when you want it did. both parties from members of that to defeat something. I don’t expect the It prohibits banks and other financial committee and others. My friends on bank lobbyists and special interests to institutions that own banks from en- the other side of the aisle may not like care about the truth; they don’t seem gaging in proprietary trading, making every line in the bill that will now be to worry about that. But the American risky bets with money that doesn’t before us in a few short days, but at the people deserve better from us in this even belong to them. very least let us not pretend the bipar- Chamber. Second, our bill eliminates the Fed- tisan work that produced this legisla- That is why I have been so dismayed eral Reserve’s ability to prop up indi- tion didn’t happen. It did happen. That over these last 24 hours to hear Mem- vidual institutions using what is called

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2260 CONGRESSIONAL RECORD — SENATE April 14, 2010 the 13(3) authority, another way to ical strategist’s talking points, when the RECORD. I want the public to read stop banks from thinking that they all of this effort has been made over it so they will know what we are up could be bailed out if in fact they en- these many months. against here with this political chica- gage in activities that cause them to I am told by my staff—and I have nery. begin to fail. The Fed’s lending author- dealt with 42 pieces of legislation in 39 There being no objection, the mate- ity is strictly restricted, not expanded, months—that about 37 have become rial was ordered to be printed in the as some have claimed. the law of the land. I made a deter- RECORD, as follows: Third, our bill sets up predictable, or- mination as chairman to work to- THE LANGUAGE OF FINANCIAL REFORM derly, and safe processes for shutting gether, wherever possible, to achieve (By Dr. Frank Luntz, Jan. 2010) down dangerous Wall Street firms that common points. So my history is to try THE FINANCIAL REFORM CLIMATE fail without endangering the entire to achieve that wherever possible, and SETTING THE CONTEXT economy. No financial firm will ever I take great offense at the suggestion This document is based on polling results again be ‘‘too big to fail.’’ Quite the op- that it has been otherwise. and an Instant Response dial session con- posite. We insist that the provisions be The outcome of this debate affects ducted after the House of Representatives in place so that it can never again the economic security of every single passed ‘‘Financial Reform’’ legislation and make the claim that they are too big American and every single American prior to the Senate’s consideration of the to fail. family. What we have been through, we bill. The document helps capture not just Large, complex financial companies should never have to go through again. how Americans feel about the ‘‘financial cri- will be required to submit plans for Our bill takes steps to try to achieve sis’’ (they believe it still exists) and potential reform initiative (they’re against)—and their own shutdown—we call them liv- that. It is not that we are going to stop how they want to address the issue (care- ing wills—if the company goes under. every economic crisis in the future. fully). Companies that fail to produce a real- That would be a foolish suggestion. But When it comes to the financial crisis, there istic plan will be hit with tougher cap- what we have done is fill in the gaps is one clear consensus—the crisis is a stain ital requirements, restricted in how that allowed this crisis to occur and on the fabric of America’s economy that will much they can grow, and even can be provide tools for the coming generation linger for years to come. The impact of the broken up. so they can address future economic crisis is real and has reverberated through- Most large financial companies out every part of our society. Rule #1: crises and still allow for the vitality of When addressing the crisis, never forget its would be resolved through the normal a financial services sector to produce impact on your audience. Above all else, bankruptcy process. That is the pre- jobs, create wealth, allow credit to flow never EVER minimize the pain. sumption in our bill—receivership. and capital to form so our economy can 1. Americans are divided on the cause of Where bankruptcy is not an option, prosper again. the crisis. The consequences of the crisis the bill creates a mechanism for the Trying to achieve those three goals may be undeniable, but its cause is debat- FDIC to unwind those companies. The has been the hallmark of what I have able. management will be fired, shareholders tried to put together with the bill, —To conservatives: government policies caused the bubble and its ultimate crash. will be wiped out, and creditors will along with my colleagues on the com- Fannie Mae, Freddie Mac, the Federal Re- take their losses. Middle-income fami- mittee. I believe we have done a good serve, and the Community Reinvestment Act lies on Main Street won’t have to pay job in achieving that. I would be the all had a role in the catastrophe. The govern- a penny. The largest Wall Street firms last one to claim perfection. If people ment inflated economic bubbles with easy would have to put up money for a $50 have other ideas, that is what the proc- credit policies. Interest rates were kept in- billion fund to cover the costs of liqui- ess is for. But to castigate it and label tentionally low. Low-income families were dating the failed financial firm, and it as nothing more than a partisan de- encouraged to become homeowners despite any shortfall will be made up by the bate and suggest that somehow what the knowledge that many would never be able to pay them back. Government bought largest and riskiest financial firms. we have done here is to perpetuate and backed these subprime loans, essentially Why should the American taxpayer ‘‘too big to fail’’ is poppycock. It is un- encouraging brokers to find more subprime have to pay for unwinding these com- fortunate that at this hour in this de- clients—risk be damned. panies? They should put up the money bate, that is all we hear from on the —To liberals: the roots of the crisis lie in themselves. Let them pay for the other side. Big Business and the marketplace. Mortgage unwinding that goes on. Don’t charge The door is still open. We are not yet companies peddled adjustable rate mort- it to the American taxpayer. Our bill on the floor debating this bill. I will gages without ever explaining the future costs. Credit card companies flooded college includes those provisions. have meetings with Senator SHELBY campuses with high interest credit cards. Wall Street doesn’t like this fund, and others. My patience is running out. Wall Street firms traded mortgage-backed and they are plenty content to let tax- I have extended the hand, and I have securities and created credit default swaps payers continue to pay the price for in- written provisions in the bill to accom- that played key roles in the economic calam- dustry mistakes. Let me be clear, de- modate various interests. I will not ity. Contracts written in legalese, coupled spite what their apologists may claim, continue doing this if all I am getting with the risks of adjustable rate mortgages, these funds can only be used by the from the other side is a suggestion that were never explained to the average con- FDIC and only used to liquidate the this is a partisan effort. We have been sumer—perhaps intentionally. Those that failed company, not prop it up. through it over and over on the floor blame the market are passionate about the To review, our bill imposes tougher need for more reform. for the last year and a half. I think the —But to a majority of Americans believe standards on large, risky Wall Street American people are sick of it. They that individuals who ran up their credit firms. It eliminates the Federal Gov- want to see us work together to cards and took out mortgages they couldn’t ernment’s capacity to bail out indi- achieve results that benefit them, not afford are also responsible for the calamity vidual companies. It requires that fi- some political party, or narrow ide- that ensued. nancial firms write their own shutdown ology, and certainly not the narrow in- What industries bear the brunt of the plans and even pay for the liquidation terests on Wall Street. blame? Home mortgage companies (33%) and process if it is needed. In the coming days, I will give you a banks (31%) are seen as primarily respon- Here is what I have to say to Wall sible. But it is not the companies so much as bill I think we can vote for and stand the leadership of the companies that are to Street. If you have a better idea, let’s up and proudly support and, more im- blame. . . hear it. If you have other ideas, let’s portantly, one that we can say to the But the largest percentage of Americans debate them. But if all you have is American people we will not have to go believes ‘‘all of them’’ played a role in to- black-and-white talking points that through what we have been through in day’s economic conditions. bear no relation to reality, don’t re- the last 2 years, and never again should 2. You must acknowledge the need for reflect the efforts that have gone on for another generation face the kinds of form that ensures this NEVER happens months to try to produce a proposal again. Despite the different perspectives on risks we did because of the gaps that the causes of the crash, there is an agree- that might gain broad support here in existed in our financial regulatory ment that the crisis must be addressed—that this Chamber, then get out of the way structure. changes must be made so the mistakes that and let the serious legislators work. I ask unanimous consent that the en- led to this point are never repeated. The sta- Don’t write this off by quoting a polit- tire Frank Luntz memo be printed in tus quo is not an option. The system failed

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2261 us—all of us—and the causes of the failure general economic perceptions because that’s and Loan crisis by changing the rules. Con- must be corrected. what you need to address. You have to be on gress jacked up fees and interest rates on 3. Now, more than ever, the American peo- the side of change. Always. The financial cri- consumers after enacting the ‘‘Credit Card ple question the government’s ability to ef- sis is not a theoretical economic textbook Bill of Rights.’’ What will be the effects and fectively address the issue. Billions in hand- concern. The pain felt by the crisis is real impact of the CFPA? How will small business outs to Wall Street. A stimulus bill that and omnipresent. Retirement funds were de- be affected? Will choices be limited? Will isn’t creating jobs. Cash for Clunkers. Health pleted. Homes were foreclosed. Jobs were consumer fees be impacted? Evidence sug- Care. A ‘‘Credit Card Bill of Rights’’ that in- eliminated. The status quo is unacceptable. gests the answer is definitely ‘‘yes’’. creases fees and interest rates on consumers. However, it’s wrong to assume government LANGUAGE FINDINGS The American people believe Washington has can correct the problem without addressing 11. Enforcement of current law trumps cre- gone wrong, and these legislative initiatives its role in the crisis, yet that is what Con- ation of new laws. Despite the need for re- have become symbols of Washington’s inabil- gress is trying to do. What to say? ‘‘It ad- form, the public believes real reform means ity to do anything right. A majority of both dresses market excesses but keeps govern- ensuring current laws are enforced rather Republican and Democrats believe that. . . ment excesses in place.’’ The American con- than adding another layer of agencies, laws, WORDS THAT WORK sumer wants more easily understood con- regulations, and red tape on top of the exist- If there is one thing we can all agree on, tract language so that consumers have all ing agencies, laws, regulations, and red tape. it’s that the bad decisions and harmful poli- the information they need. WORDS THAT WORK cies by Washington bureaucrats that in 7. Demand accountability—government ac- many ways led to the economic crash must countability. Despite creating economic con- We don’t need more laws. We need better never be repeated. ditions comparative to the Great Depression, enforcement of current laws. We don’t need This is your critical advantage. Washing- it is important to ask some basic questions— more bureaucrats. We need the people in ton’s incompetence is the common ground on What government regulator lost their job for charge to do their jobs as they were meant which you can build support. their hand in the crisis? What government to be done. We don’t need layers and layers Ordinarily, calling for a new government policies were changed? What laws were re- of additional federal bureaucracy. What we program ‘‘to protect consumers’’ would be pealed? The obvious answer is none. need is to instill accountability, responsi- extraordinarily popular. But these are not WORDS THAT WORK bility and effective oversight to what is being done already. ordinary times. The American people are not We don’t need another Federal government 12. The bailout provisions get the most vis- just saying ‘‘no.’’ They are saying ‘‘hell no’’ agency. We don’t need bigger government. ceral reaction. It is not often you come to more government agencies, more bureau- What we need is a better approach that pro- across an issue where people of all political crats, and more legislation crafted by special motes accountability, responsibility and ef- stripes come together so stridently on an interests. fective oversight. Incredibly, these results are PRIOR to ef- Yet, Congress is poised to add another issue. Taxpayer bailouts of CEOs and compa- forts to educate voters about the inherent Washington agency with more Washington nies are such an issue. problems of the legislation. One reason why bureaucrats on top of existing laws and regu- WORDS THAT WORK initial support for more government action lations. In fact, the proponents of the new Bailouts for Wall Street. Government is rooted in the simple belief that govern- government agency and regulations are the takeovers of insurance companies. Trillions ment cannot effectively regulate the finan- same members of Congress who created and of taxpayer dollars to bail out CEOs and cial markets at any level . . . supported the housing bubble. their risky investment schemes. And now 4. Public outrage about the bailout of WORDS THAT WORK Congress is preparing to enact legislation to banks and Wall Street is a simmering time pass a law with $4 trillion more for more bomb set to go off on Election Day. To put it The architects of failure are now designing the rescue. Many of the same members of bailouts. Should people who write the finan- mildly, the public dislikes taxpayer bailouts cial reform laws be the same ones who helped of private companies. Actually, they HATE Congress responsible for the legislation that helped create the housing bubble and the cause the crisis? Should taxpayers be pun- it. ished and the big banks and credit card com- In fact, a vote in favor of creating a perma- Wall Street financial crisis are now attempt- panies be rewarded? The time has come to nent bailout fund of private companies is ing to create another new government agen- take a stand. Oppose the big bank bailout like committing political hari-kari. Frankly, cy with an unlimited budget and almost unlimited regulatory powers. bill. the single best way to kill any legislation is 13. ‘‘Bureaucrats’’ are worse than ‘‘bu- to link it to the Big Bank Bailout. I’m sorry to say this but they don’t know what they’re doing. They have gotten it reaucracies.’’ While Americans don’t like bu- WORDS THAT WORK wrong time and time again and now they reaucracy, they loathe bureaucrats even Taxpayer-funded bailouts reward bad be- want to do it yet again. more. In fact, America’s disdain of bureau- havior. Taxpayers should not be held respon- The perceived incompetence of Washington crats is almost as high as Americans’ dislike sible for the failure of big business any extends to its leadership. Barney Frank, the and mistrust of lobbyists. longer. If a business is going to fail, no mat- Chairman of the House Financial Services 14. Americans want to end the legalese and ter how big, let it fail. Committee, is an example. Frank’s favorable confusion in contracts. The strongest argu- 5. The public is angriest about lobbyist rating is 13%. His unfavorable rating is 30% ment in favor of the CFPA is the claim the loopholes. Part of public perception that (though a majority don’t give him any rating agency would somehow end confusing con- Washington cannot do anything right is the at all—so don’t make him the enemy. Wash- tracts written by lawyers in language only belief that lobbyists write most of the bills. ington is the enemy.) lawyers can understand. When was the last The American people are tired of add-ons, 8. More bloated government bureaucracy is time a government agency made things easi- earmarks, and backroom deals—but they are not the solution. We’re witnessing out-of- er to comprehend? mad as hell at ‘‘lobbyist loopholes.’’ This bill control federal spending. The Government WORDS THAT WORK is riddled with such loopholes. You must put takeover of health care and other industries We must require greater transparency and proponents of the legislation on the defen- has Americans questioning the competence more easily understood contract language so sive, forcing them to attempt to justify the of government. They want smarter solutions, that consumers have all the information ‘‘lobbyist loopholes’’ and exemptions placed not more of the same. ‘‘A new agency with they need. in the bill: new bureaucrats is not change we can believe 15. Just the facts, ma’am. In the testing of —Why were pawnbrokers exempted? in.’’ It’s not change at all. As our dial session —What about car dealers? the ads and other communications, it is participants agreed, ‘‘It’s another agency to —Vegas casinos and their credit lines? clear that Americans want more than just The power of this argument cannot be un- clean up a mess from a different agency.’’ red meat rhetoric. You have to give them derestimated. When participants in our dial WORDS THAT WORK two concrete facts to prove your case—or sessions heard that the casinos and pawn- The financial crisis hurt all of us. Homes you will be just another special interest brokers were exempted from the legislation, were lost. Jobs were destroyed. Businesses group playing politics with their lives. Two someone remarked, ‘‘We have become the closed. There is enough blame to go around. facts. Two statistics. Two clear-cut state- Roman Senate.’’ We need a solution to the problem, not more ments of evidence. Highlight the exemptions. Broadcast them. of the same. Creating another costly govern- 16. Personalize the impact. It’s small busi- Remind them, ‘‘The legislation is filled with ment bureaucracy on top of existing bu- ness owners, and not small businesses, that lobbyist loopholes that exclude certain reaucracy isn’t a solution—it helped cause will be harmed by this legislation. Yes, they wealthy, powerful industries from regula- the problem. This time, let’s get it right. recognize small business as a key component tions.’’ As Churchill would say, that state- 9. Devil is in the details. Every bill passed of the economy, but stronger arguments ment is the ‘‘soft white underbelly.’’ When by Congress is larded up with pork, hand- against creation of the CFPA lie elsewhere. the participants were presented a list of outs, and earmarks. The American people Americans want to support small businesses, nearly a dozen objections to the bill, the lob- have lost faith in Congress, and no matter but are more willing to support a person who byist loopholes blew away virtually every how good a bill sounds, they want to know owns a small business. Make it personal. other argument against the legislation. ‘‘What is in the fine print?’’ 17. It’s not ‘‘reform.’’—This is not a reform 6. You must be an agent of change. We 10. Caution: Unintended consequences bill. It is the ‘‘Stop the Big Bank Bailout have spent so much time in this analysis on ahead. The government caused the Savings bill.’’ This is important.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2262 CONGRESSIONAL RECORD — SENATE April 14, 2010 18. Small business ownership is about the companies covered 19 institutions, and If that happens, the choice of allow- American Dream. The most popular images even that exercise did not include ing bankruptcy will mean tremendous of small business owners both projected opti- many other systemically significant economic pain on Main Street Amer- mism with signs saying ‘‘grand opening’’ or nonbank financial institutions, includ- ica. So some Congress in the future ‘‘open.’’ ing Fannie Mae and Freddie Mac, in- will similarly be faced with another WORDS THAT WORK surance companies, derivatives clear- TARP-like decision, which in the fall Owning a small business is part of the inghouses, and hedge funds. of 2008 many in both parties believed American Dream and Congress should make they had no choice but to support, in- it easier to be an entrepreneur. But the Fi- While many in government and in- nancial Reform bill and the creation of the dustry want to eliminate the term ‘‘too cluding the minority leader. CFPA makes it harder to be a small business big to fail,’’ the fact is these too-big-to- Relying on bankruptcy law is not the owner because it will choke off credit op- fail financial institutions are bigger, answer. The approach by many con- tions to small business owners. That will more powerful, and more inter- servatives and those on the other side make it harder to start a new company and connected now than ever before. of the aisle is to simply let them fail harder to expand an existing one. Only 15 years ago, the six largest U.S. and let U.S. bankruptcy law—where 19. No surprise here. The strongest image banks had assets equal to 17 percent of shareholders get wiped out and credi- ad we tested pertained to the bailout provi- overall gross domestic product. The six tors take a haircut—reimpose the dis- sions and the ‘‘lobbyist loopholes’’ for the cipline in the financial system that casino industry. largest U.S. banks now have total as- 20. The Final Word. The department store sets estimated in excess of 63 percent of was lacking in the runup to the crisis. For example, Peter Wallison and Syms used the slogan ‘‘an educated con- gross domestic product. That goes from David Skeel have argued in the Wall sumer is our best customer.’’ We could easily 17 percent of GDP just 15 years ago to Street Journal: say an educated citizen is the biggest oppo- 63 percent of GDP now. nent or, your biggest ally against the cre- While some still argue there are ben- The real choice before the Senate is between the FDIC and the bankruptcy courts. ation of the Financial Reform bill and the efits to having very large financial CFPA. It should be no contest, because bankruptcy conglomerates—and I am sure there WORDS TO USE courts do have the experience and expertise are—virtually everyone agrees the to handle a large-scale financial failure. This Accountability, Transparency & Oversight, problem of too big to fail needs to be was demonstrated most recently by the Leh- Lobbyist Loopholes, Enforcement of Current man Brothers bankruptcy. Laws, Bureaucrats, Wasteful Washington address. The disagreement is how this Spending, Never Again, Government Failures be done. If bankruptcy was a cure in Lehman and Incompetence, Let’s Help Small Busi- I was interested to hear Senator Brothers, it was one that almost killed nesses, Big Bank Bailout Bill, Bloated Bu- MCCONNELL on the Senate floor yester- the patient. When former Treasury reaucracy, Fine Print, Unintended Con- day say we must never use taxpayer Secretary Hank Paulson decided to let sequences, Special Interests, Hard Working money again to bail out too-big-to-fail Lehman Brothers go into bankruptcy, Taxpayers, Another Washington Agency, Un- institutions. But no one wants to do our global credit markets froze and limited Regulatory Powers, Devil Is in the that. No one is thinking about that. No creditors and counterparties panicked Details, Red Tape. one is planning to do that. and headed for the hills. Instead of im- Mr. DODD. Mr. President, I suggest The question is, What is the solution posing market discipline, it only the absence of a quorum. to prevent these institutions from fail- prompted more bailouts and almost The assistant legislative clerk pro- ing in the first place? The other party brought down the entire financial sys- ceeded to call the roll. has put forward no solution, and doing tem. It ultimately took 18 months to Mr. KAUFMAN. Mr. President, I ask nothing is by far the worst solution of close out the case on Lehman Brothers, unanimous consent that the order for all. an eternity for financial institutions the quorum call be rescinded. The minority leader came to the that mark to market and fund their The PRESIDING OFFICER (Mr. floor today and said the bill before the balance sheets on an interday basis. BURRIS). Without objection, it is so or- Senate is good for Wall Street and bad Bankruptcy is an even more unat- dered. for Main Street. That is simply an as- tractive option when one considers f tounding statement to make. Main that Lehman was an investment bank, while today’s megabanks operate under EXTENSION OF MORNING Street wants Congress to act. Main the bank holding company umbrella. It BUSINESS Street wants Congress to ensure that is virtually impossible to have an inte- Wall Street never engages in reckless Mr. KAUFMAN. Mr. President, I ask grated resolution of a large and com- behavior again. Yet what does the mi- unanimous consent to extend morning plex bank holding company. The bank business. nority leader offer? subsidiary would go into FDIC resolu- Despite the experience of Lehman The PRESIDING OFFICER. Without tion, the insurance affiliates would go objection, it is so ordered. Brothers, the minority leader appar- into State liquidation procedures, the The Senator from Delaware. ently believes we should do nothing securities affiliate would go into chap- and simply stand back in the future f ter 7, while other affiliates and overall and let these megabanks fail when they ENDING TOO BIG TO FAIL holding companies would go into chap- take risks that go wrong. ter 11. Mr. KAUFMAN. Mr. President, I have The minority leader said yesterday: A plan this unwieldy is no plan at all. come to the floor several times now to The way to solve this problem is to let the In fact, the only way to truly eliminate discuss the problem of too big to fail, people who made the mistakes pay for them. the problem with too-big-to-fail banks which I believe is the most critical We won’t solve this problem until the big- is for Congress to act. It is true that I issue to be addressed in any financial gest banks are allowed to fail. believe we should go further than the reform bill. Astounding. His answer is, the reso- current bill. I would break these big Financial institutions that are too lution of too-big-to-fail banks needs to banks apart, thus limiting their size big to fail are so large, so complex, and be dealt with through the bankruptcy and leverage. Given the consequences so interconnected that they cannot be process. In my view, that approach is of failing to do enough to prevent an- allowed to fail nor follow the normal dangerous and irresponsible. other financial crisis, the safest thing corporate bankruptcy process because If we do nothing and wait for another to do today is for Congress to put an of the dire threat that would pose to crisis, future Presidents—whether Re- end to too big to fail. If you believe the entire financial system. publican or Democratic—will face the these megabanks are too big, if you re- The largest six bank holding compa- same choices as President Bush: ject the choice of bankruptcy that will nies—Bank of America, JPMorgan Whether to let spiraling, inter- lead to a recession or depression, then Chase, Citigroup, Wells Fargo, Gold- connected, too-big-to-fail institutions, breaking them up is the logical answer. man Sachs, and Morgan Stanley—are such as AIG, Citigroup, and others, col- That is the only way that greatly di- certainly too big to fail. The term may lapse in a contagion, sending the econ- minishes the future probability of an- also cover a larger set of institutions. omy into a depression or step in ahead other financial disaster. The Great De- After all, last year’s most vaunted of bankruptcy and save them with tax- pression of the 1930s must be avoided at stress tests of the largest bank holding payer money. all cost.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2263 Two years ago, permitting Lehman ate, to understand the root causes of markets. Let me repeat that Senator Brothers to enter bankruptcy brought the crisis we are only now beginning to DODD has put together a strong bill. about the Great Recession, the most emerge from economically but to rec- One part of the bill Senator CORKER painful economic downturn this coun- ognize that we have to have a robust and I have been particularly engaged in try has seen since the Great Depres- solution in place to make sure we are deals with systemic risk in ending the sion. If we were to let other institu- never again confronted with the type of notion of too big to fail. That was the tions fall into bankruptcy, adopting crisis and the lack of preparation this subject yesterday of some wildly inac- the minority leader’s approach, the Nation faced back in the fall of 2008. curate statements on this floor, which horrors our economy would have faced I also come to this body, as you I am here to address. would make the realities of the past 2 know, as someone who spent an awful I have to admit I am deeply invested years pale in comparison. lot of time around the capital markets. in this section, and that investment I certainly don’t want to rely on Quite candidly, I will put my free mar- comes in no small part because of the bankruptcy to break the boom-bust- ket, procapitalist credentials up months of work Senator CORKER and I bailout cycle. I believe Congress should against anybody’s in this body. But I put into this area. Let me acknowledge break the cycle today. We should not come to the floor as well as someone at the front end that there are parts of follow an abdication of regulatory re- who has tried to recognize that the fi- this section that both Senator CORKER sponsibility with an abdication of nancial crisis—perhaps more than any and I will want to change and amend. democratic government. As representa- other issue we have addressed—doesn’t Those changes and amendments we tives of the people most hurt by the fi- have a Democratic or a Republican would probably reach agreement on in nancial crisis, Congress should act de- root of origin, nor does it have a par- perhaps 5 or 10 minutes, but the basic cisively to ensure that we benefit again tisan solution set. We have to recog- structure we set up is one I believe will lead to meaningful financial reform. from decades of financial stability, not nize that, perhaps on this piece of leg- Now, let’s go to what we are talking do nothing, which most assuredly islation more than ever, we have to about. We recognized at the outset that have a bipartisan basis to establish a would leave us to live on the precipice never again could we allow the finan- long-term financial framework for the of financial disaster, as the minority cial system and the interconnectedness next hundred years. leader would have us do. of this financial system to come to the We need a full and straightforward I am very proud of the fact that we brink of crisis and, in effect, the regu- debate in the Senate about what Con- have worked so far in a bipartisan way. latory system and the legal system I have particularly appreciated, over gress must do. In my view, the mere have no recourse and rules on how we the last year, the partnership I have existence of too-big-to-fail institutions deal with an impending crisis. perpetuates a long cycle of boom, bust, built with Senator CORKER of Ten- One of the things we recognized at bailout. Instead of hopelessly trying to nessee, where we both recognize that the outset was that in the past there impose order and discipline in a cha- while we both have backgrounds in was very little collaboration and co- otic crisis, we need to clearly, deci- business and both have experience and ordination between different regu- sively, and preemptively deal with the exposure to the capital markets, there lators. You might have a Prudential problem of too big to fail now. is a great deal of complexity in trying supervisor who is looking at the depos- As Senator LEVIN pointed out this to rewrite the financial rules in the itory institution and having one view week, when he kicked off the Perma- sense that it will be not only for this of an institution; and you might have nent Subcommittee’s hearings on its country but because the rest of the the regulator looking at the bank hold- investigation of the financial crisis, world will follow what America does, ing structure and having another view. there are many eerie parallels between for the whole world. So it will require Because these complex institutions this crisis and the one in the late 1920s a great deal of humility and a recogni- may also have security aspects, the and early 1930s. In both cases, bankers tion that we have more to learn. SEC is over here. But there was no co- were derelict in their duties, while Because of that, Senator CORKER and ordinated place where this collabo- drawn to disruptive and excessive spec- I, starting early in 2009, began holding rative view, beyond the stovepipes and ulation, fueled in part by their com- a series of seminars, in fact, where we beyond the silos, could all come to- pensation arrangements. Does that brought in established financial leaders gether and recognize that while the in- sound familiar? Bankers were derelict and invited members of both parties to stitution’s single actions in a single in their duties, while drawn to disrup- come and learn with us as we tried to sector might not pose a systemic risk, tive and excessive speculation, fueled put in place rules and regulations gov- that in toto these risks, when aggre- in part by their compensation arrange- erning the financial system. While I gated together, put our financial sys- ments. have been disappointed, particularly by tem in jeopardy. In the 1930s, in response to these the Republican leader’s comments yes- So what do we propose? Along with problems, we built an enduring regu- terday, I am not naive. I still believe Senator CORKER and experts from the latory framework that put our entire there is a path to a bipartisan bill. industry, we propose creating a Sys- financial system on stable footing for What we need to do is to simply lower temic Risk Council that would, in ef- decades. We simply cannot afford an- the rhetoric and do what is needed for fect, be the early warning system for other financial meltdown. The choice the American people. our overall financial system to spot is clear. But it is also clear that the Let’s put in place a robust set of these large, systematically important worst thing we can do is to take the rules and a robust regime of reform institutions and, in effect, put some dangerous risk of doing nothing. To that will ensure that never again will speed bumps in their path. me, the choice that is best for the the American taxpayer have to bail out I may not even agree with some of American people is clear. firms that are too big to fail. While the Members of my own side of the I yield the floor. there were differences that we had on aisle that we ought to go out The PRESIDING OFFICER. The Sen- how we approached health care reform, proactively and break up these institu- ator from Virginia is recognized. this is one area where—whether it is a tions just because they are too large. Mr. WARNER. Mr. President, I also liberal blogger group or a tea party Size, in and of itself, was not the prob- rise to discuss financial reform and, to convention—there is a unanimity of lem. It was the interconnectedness of be blunt, to try to set the record opinion that never again should the their activities and the fact that if you straight about some misleading state- taxpayers be put at risk because of the started to pull on the string of some of ments that have been made on this financial interconnectedness of large these activities, the effect that had ba- floor about both the process and the firms. sically collapsed the whole house of substance of the bill that the Banking Soon, the Senate will consider the cards. It was not size alone, it was Committee reported out recently. bill Chairman DODD has put together. interconnectedness and recognizing Under Chairman DODD’s leadership While there are bits and pieces that dif- how to spot that interconnectedness at and working with ranking minority ferent folks will disagree with, this is a the front end, and putting some speed member Senator SHELBY, I have strong bill that vastly improves regula- bumps on these systemically large in- worked hard, since coming to the Sen- tion and the structure of our financial stitutions that is important.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2264 CONGRESSIONAL RECORD — SENATE April 14, 2010 One of the things we found was that We think we have put in place these entity, not preserved. The firm will be oftentimes the regulators did not have appropriate barriers that will restrict wiped out, but the functions that are current, real-time data on the extent of some of the unduly risky activities important do not bring down the over- these transactions and this inter- from these large institutions, but you all financial system. connectedness. So a part of the bill cannot predict and cannot foresee One of the most curious comments of that has received very little attention every crisis. So what we need to do is the Republican leader yesterday was is the creation of the Office of Finan- set a framework on how we would ad- the critique that, if you invoke resolu- cial Research, which will aggregate, on dress the crisis if these speed bumps tion, the question becomes where is the a daily basis, all the status of trans- and this early warning system does not money going to come from and who is actions of all these institutions and fully function. I do not, actually, can- going to pay for it? What I found very allow us to have at least the trans- didly, completely agree with my col- curious in the Republican leader’s com- parency at the regulator level to know league from Delaware. I do believe we ments yesterday was that we—and this what is going on and allow the regu- need a strong, robust bankruptcy proc- was by no means set in stone—put in lators never again to say: Well, the last ess that gives predictability to inves- place a $50 billion fund that would be piece of data we had was the last quar- tors so they know what will happen prefunded by the industry; not the $150 terly report. This information will flow through the normal dissolution of a billion that was in the House bill that up to the Systemic Risk Council, and firm that has made mistakes in the could rightfully create moral hazard, the Systemic Risk Council will then be marketplace. We need to ensure that but in effect a dollar amount up front. able to put in place what I call speed bankruptcy becomes the normal de- It could go down lower. That would ba- bumps on these systematically large fault process. Again, as I mentioned, sically keep the lights on at these in- institutions. having these large firms write their stitutions until the FDIC could go out Increase capital. One of the questions own funeral plans, write their own and, in effect, borrow against the that comes back time and again from bankruptcy plans that have to be ap- unencumbered assets of this firm to get financial experts, we need to increase proved by the regulators, will give us the real dollars in place to keep the the capital reserve levels of many of guidance on that path. resolution process going in an appro- these large institutions. We have to But we also have to realize when priately functioning way. look at their liquidity ability. In many there may be a management team that Is $50 billion the right number? It cases the institutions that failed dur- does not see the handwriting on the may not be. Reasonable people can dis- ing the crisis were not insolvent but wall or when a firm is, even with all of agree; $25 billion might be the right there was a rush because of fear in the these checks, falling into the potential number. There might be other paths. system and the liquidity crisis this of its failure causing systemic risk, we Senator CORKER and I worked on the caused, so how do we be sure we use li- still have to have the ability to act. notion of a trust that could be created. quidity in a better way? Let me state very clearly, the resolu- But what I find curious is no one in the Leverage, traditional additional fi- tion process that was put in the Dodd financial sector that we have spoken to nancial institutions—I look at our bill, no rational management team thinks this dollar amount is a bailout. neighbors in Canada, about a 20-to-1 le- would ever elect to choose because res- No one in the financial sector has said verage ratio. We saw on some of the olution will not lead to conservator- this will be an adequate amount of cap- off-balance sheet operations not 10- or ship, resolution will lead to receiver- ital to resolve a whole crisis. The fund- 20-to-1 traditional ratios, but 50- or 100- ship and extermination of the firm. ing to resolve the whole crisis will to-1 leverage ratios. The firm’s common share equity will come from the ability we give the FDIC We put in place as well something be wiped out, the firm’s management to borrow against the unencumbered that has been advocated by folks at will be wiped out—resolution will never assets. New York Fed—it originally comes out be chosen as a preferred route. Bank- If there is a better way to get there, of the University of Chicago—a whole ruptcy will be the preferred route. we are all for it. At least I can say for new set of financial structure in these Even in that case, we still put addi- my side, I am willing to look at any large institutions that will convert to tional protections in place so that no other option. But what I find curious equity in the precursor, before a crisis future administration, having seen the is, I believe if we had not put up this takes place. In effect, shareholders will blowback from the public on using res- industry prefunded amount, in effect a be diluted by this contingent capital olution in 2008—I cannot imagine any bridge until we can actually get the requirement, putting again more pres- future administration actually wanting FDIC process in place, we would hear sure on management not to make to use this mechanism, but to ensure, criticisms, at least from some, saying undue risks. again—Senator CORKER and I spent a not putting up any industry prefunding We believe these speed bumps, while great deal of time on this—that we would allow taxpayer exposure. One of they may not prevent any future crisis, have, again, protections so resolution the things we want to make sure is will be huge impediments to these is not misused, we put very strict cri- that taxpayers, again, are never, ever large systemically risky institutions teria in before it can be implemented. exposed to the kind of risk that took taking undue risks and outrageous ac- We require three keys, in effect, to be place in 2008. tions. turned simultaneously—in effect the I would also add that whatever these We have also put a new requirement nuclear option analogy of different prefunds, trust instruments, or even in place, one that again has not gotten keys being turned before this tool the funding that would come from bor- a lot of review. We will literally re- could be used. rowing against the unencumbered as- quire the management of these large We require the Chair of the Federal sets, we need to buy a little time so it institutions to put in place their own Reserve, the FDIC, and the Treasury is not done in a haphazard way so any funeral plans, their own plans on how Secretary in consultation with the of these funds will be ultimately re- they will unwind their institutions President to all agree that we have to couped after the crisis from the indus- through an orderly bankruptcy proc- act, to move a firm into resolution try based on those institutions that ess. rather than going through bankruptcy. benefited, those institutions that also I believe there were large system- But that, again, is not all. Senator were part of the causation. ically important institutions in the fall CORKER, I think rightfully, pointed out Again, let me stress all of these of 2008 that in effect came to the regu- that we need, in case there were an funds, whatever will be repaid—and lators and in effect said we are so big overly aggressive administration, a ju- again whatever funds that are invested and interconnected that we do not dicial check as well. So we put an addi- in these institutions in the interim will know how to unwind ourselves. tional judicial check in place before not go in, as what happened in 2008, as Never again should we allow that to resolution could be implemented—reso- common equity as an effort to, in ef- happen. We allow the regulators to lution only as the last resort, only as a fect, prop up the systemically impor- work, and in effect bless the funeral path that makes sure that the parts of tant firms. But it will go in as, in ef- plans these systemically large institu- this systemically important firm can fect, top in the creditor process, debt- tions will put in place. be transferred to some other existing or-in-possession financing.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2265 Did we get this perfect? No, perhaps nized to speak, Senator CORKER first eryone understands what the FDIC did. not. There are ways, again, that we can and then Senator LEMIEUX. I think we can come to a conclusion in improve. But the framework we put in The PRESIDING OFFICER. Is there solving that very quickly. But I wanted place, the almost uniform response we objection? to clarify that was not part of the title have received, has been we have taken Without objection, it is so ordered. that Senator WARNER came up with. a gigantic step toward ending too big Mr. BAUCUS. I thank the Chair. The focus, then, has been on this $50 to fail in a rational, thoughtful ap- f billion fund. I think Senator WARNER proach. eloquently talked about the fact this I see my colleague, the Senator from CONCLUSION OF MORNING was a lot of debate. The FDIC wanted Tennessee, has arrived on the floor. I BUSINESS $50 billion as a debtor-in-possession again compliment him for his work, for The PRESIDING OFFICER. Morning fund to be operating, to figure out the fact both of us said at the outset business is closed. what the assets of these firms were for neither of us was this religion. We worth before they sold them off. Treas- f just need to get it right. If we have to ury wanted no fund. ruffle a few feathers on both sides of CONTINUING EXTENSION ACT OF My guess is that at the end of the the aisle so that never again are the 2010 day, on one hand you are protecting American taxpayers put in the position The PRESIDING OFFICER. Under taxpayers more fully, on the other they were in 2008, then so be it. the previous order, the Senate will re- hand you are not—but my guess is, the I appreciate the good work of the sume consideration of H.R. 4851, which Senator from Virginia and the Senator Senator from Tennessee on this effort. the clerk will report. from Connecticut might drop that in I appreciate our working together on The assistant legislative clerk read about 5 minutes—not that the Senator the preference toward bankruptcy, on as follows: from Virginia is actually advocating, the recognition that we have to have he is just trying to solve that problem. A bill (H.R. 4851) to provide a temporary that judicial check, that we cannot go extension of certain programs, and for other My point is I think that is something out and grab firms willy-nilly that are purposes. that in about 5 minutes could be not depository, that are systemically Pending: solved. important. I think we have taken giant So I do think what Senator WARNER steps forward. Baucus amendment No. 3721, in the nature has said is true; that is, the rhetoric of a substitute. I ask my colleagues from both sides around this, an issue that could be of the aisle to lower the rhetoric a bit, The PRESIDING OFFICER. Under dealt with literally in about 5 minutes, to recognize this can and still should the previous order, the time until 12:30 is probably overheated. The fact is, be a place where this Senate can work will be equally divided between the two what we need to do is figure out a way in a bipartisan fashion to put in place leaders or their designees. to focus on this issue in an intelligent a set of rules so we can, with the appro- The Senator from Tennessee is recog- way. priate speed bumps in our financial nized. I think that, as the Senator from system for those firms that are system- Mr. CORKER. Mr. President, I appre- Virginia mentioned, people on both ex- ically important—that we do put in fi- ciate it. I had not planned to come to tremes want to make sure that if a nancial rules of the road for the 21st the floor today, but my great friend, large institution in this country fails, century, that we do allow America to Senator WARNER from Virginia, is here. it is just like the small institutions in continue to be the financial capital of I did want to clarify a couple of things. this country—they go out of business. the world and the innovation in finan- I did not hear all of his comments. And I think we are united on that. Are cial products capital of the world. I I very much appreciate the partner- there some flaws that exist? Yes. Did think we can still get there. ship we have had, the work we have the bill get a little sideways at the I look forward to work not only with been able to do together. I think what end? Yes. But do people understand the my friend from Tennessee but col- is happening on this financial regula- way we can deal with this in an intel- leagues from both sides of the aisle to tion bill is a lot like what happened ligent, thoughtful way and fix that? get it right. during the health care debate in many Yes. I yield the floor. ways. There is something that is being I wonder if the Senator from Virginia f focused on. Some of it is sort of being would wish to not maybe get into spe- blown out of proportion. ORDER OF PROCEDURE cifics but agree that there are some I did want to clarify something. Sen- flaws that need to be corrected, but we The PRESIDING OFFICER. The Sen- ator WARNER spent a lot of time talk- know what they are, and they can be ator from Tennessee. ing about a couple of titles in the bill corrected pretty quickly, can they not? Mr. CORKER. Mr. President, I wish that Senator DODD has put forth. There The PRESIDING OFFICER. The Sen- to speak for a couple of minutes. I are other places in this bill that do, in ator from Virginia. think I have permission to do that. fact, create an opportunity for large in- Mr. WARNER. Let me just acknowl- Then I wonder if I can have permission stitutions that fail to continue on. edge that we may—the Senator from from the Presiding Officer to enter into Treasury got involved in this bill a Tennessee and I may differ slightly on maybe a couple of minutes colloquy couple of weeks before—about a week how large some of the things the Treas- with my friend from Virginia? before it came to committee. There are ury and FDIC put in at the end—be- The PRESIDING OFFICER. Is there some loopholes in this bill that give cause clearly one of the things that I objection? Treasury and the FDIC the ability to think the Senator from Tennessee—and Mr. BAUCUS. Reserving the right to allow large institutions to continue on we can very quickly get into the weeds, object, might I inquire, under the cur- without failing. My sense is the Sen- but the weeds are important on this— rent procedure, when is the bill ex- ator from Virginia knows what those the so-called 13–3 authority of the Fed pected to be reported? are. My sense is the Senator from Con- The PRESIDING OFFICER. The bill would no longer be used for specific in- necticut, who is the chairman of the is to be reported at this time. stitutions, but the ability to help sup- Mr. BAUCUS. At this time? committee, knows what those are. And plement around a liquidity crisis so The PRESIDING OFFICER. At this my sense is that on those topics—and that we don’t have firms move from a time. they do exist, so criticisms about the liquidity crisis into a solvency crisis Mr. BAUCUS. Mr. President, I sug- Dodd bill allowing potentially creation was an important tool, but it was per- gest the regular order be followed. of loopholes for large institutions not haps misused in the past in terms of The PRESIDING OFFICER. Is there to go through an orderly liquidation or targeted at specific firms rather than objection to the request? bankruptcy, are valid. But the fact is I issue-wide. Mr. BAUCUS. That would allow the think we can fix those in about 5 min- There are certain other aspects that Senators to speak. utes. I believe can be corrected, but the Mr. President, I ask the bill be re- My point is I think everyone under- overriding point that I think Senator ported and the Senator then be recog- stands what Treasury did. I think ev- CORKER and I both want to make is I

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2266 CONGRESSIONAL RECORD — SENATE April 14, 2010 think we put together, at least in title minutes. The purpose of this point of it is an emergency. This is no emer- I and title II—and I think there has order is this: Not too long ago in this gency, and that is the basis of my point been good work done in other parts of Congress, we passed legislation called of order I will make here in just a few this bill as well, but in title I and title pay-go, and what pay-go is supposed to minutes. II, systemic risk, too big to fail resolu- mean is that we will pay as we go in What is an emergency? Well, most of tion—we have put the framework in this Congress; that when we create a us think it is what Merriam-Webster place that while some on both ends of new program, we extend a current pro- says it is: an unforeseen combination the political extremes may be attack- gram, we will pay for it; that we will of circumstances resulting in a state ing, the overwhelming response has not continue to borrow against our that calls for immediate action—an un- been that this is a good framework. children’s future. I was here in the Sen- foreseen combination of circumstances. Like any piece of legislation, it needs ate when we had that debate. It was a Has it been unforeseen that we were some fine-tuning, but the fine-tuning debate that came down to a purely going to have to extend unemployment ought to be preserving this framework, party-line decision. compensation? Was it unforeseen that perhaps moving back from some of the I am new to this body, and I wanted we were going to have to extend pieces the FDIC and Treasury put in to vote for this because I believe pay- COBRA? Of course, it is not. We knew place. But we can get there, and this is go might actually be something that we were going to have to do this, but too important to allow this piece of limits the out-of-control spending of there is an unwillingness in this Con- legislation to be drawn by the aisle Washington. I talked to my colleagues, gress to pay for things. There is a will- that separates this body into Repub- and some of my colleagues who have ingness to put the debt upon our chil- lican and Democratic camps. We need been around longer than I said: Look, dren and our grandchildren. to put a piece of legislation and solu- Senator, it is not really going to do The Budget Act of 1974 that we oper- tion in place that sets the financial anything. They are just going to move ate under says that an emergency is framework and predictability for the to waive it every time it comes into ef- necessary, essential or vital, sudden, fect. They are not going to play by the next century, and I think we have gone quick coming into being and not build- rules. They are not going to pay for a long way toward doing that. ing up over time, urgent, pressing, Mr. CORKER. Mr. President, I want things as you go. It is just cover. I wanted to vote for it. I struggled compelling, unforeseen, unpredictable, to speak for 60 more seconds and then with it. In the end, I did not vote for it. not permanent, temporary in nature. stop. I thank the Senator from Mon- And here we are just a few months—2 None of those requirements are met by tana and the Senator from Florida for months past February 12 when the this attempt to waive the pay-as-you- allowing me to do this. I want to be President signed this pay-as-you-go go requirements. Why do we have pay- clear and say we have had a great part- legislation—only 19 days after that, we go if we are just going to waive it every nership, numbers of us have. Some of waived it on a bill very similar to this, time we think we need to spend more the claims in this bill about preserving and now we are going to seek to waive money? too big to fail are legitimate because of this legislation again to spend $19 bil- This is no emergency. This is just some changes that occurred about 10 lion and put it on the tab of our chil- part and parcel of the problem we have days before the bill came to com- dren and our grandchildren. in Washington of continuing to spend mittee, maybe a week. But the fact is, Let’s talk about what this bill is. It in an unsustainable way. And when, 5 they can be very easily fixed, and I would extend unemployment com- years or 10 years from now, we are in think we all know how to fix them, and pensation and it would extend COBRA, the same situation Greece is in; when they can be fixed very quickly. which is health care benefits for people we have failed this country for our The prefunding issue is an issue that, who lose their jobs. If we were to vote children; when we have $900 billion in to me, is a legitimate debate. If it on this and pay for it, I think 100 Sen- interest payments alone in 2020 on our needs to go to zero, the framework, as ators would vote for it. Shortly before current course, which will not allow us Senator WARNER just talked about, is the recess for the holiday break, there to spend money on anything else be- still intact. It still works exactly the was an agreement in this Chamber because that plus mandatory spending same way. It is a debate as to whether tween Republicans and Democrats that will be all there is in the budget; when you want to absolutely make sure tax- we would find the money to pay for our economic system fails because we payers are protected. But if people this so that we wouldn’t have to put it have failed to make the decisions to think this prefund is something that on the backs of our children, so that we control our spending, you will know looks like a bailout, let’s drop it, let’s would not have to borrow the money why—because of the decisions that are get rid of it, let’s end it. Let’s let bor- from China, so that we wouldn’t have being made today, in 2010, in April, de- rowing capacity at the FDIC be the to increase our growing debt and def- cisions to add another $19 billion to our only avenue. icit. national debt. But my point is, these are all—in the Our national debt is now nearly $13 I yield the floor. I reserve my right scope of things, they are being made trillion. It has gone up $1 trillion in the to speak shortly before the vote is into really big things, when, in essence, short time I have been here in the Sen- called at 12:30. a couple of semithoughtful people ate. To give you reference on that, it The PRESIDING OFFICER. The Sen- could solve these things in just a few took until 1980, from the founding of ator from Montana is recognized. minutes and we could move on to other this country until 1980 for us to amass AMENDMENT NO. 3721, AS MODIFIED aspects of the bill that do need to be our first trillion dollars in debt. Mr. BAUCUS. Mr. President, pursu- corrected. The system of spending is ant to the previous order, I have a The one place I think the Senator unsustainable. I spoke on the floor this modification to my amendment at the from Virginia and I might differ more morning about it. But don’t just take desk, and I so modify my amendment. greatly is that I do think there are my word for it; take Ben Bernanke, the The PRESIDING OFFICER. The other issues in this bill that create Chairman of the Federal Reserve, who amendment is so modified. problems that need to be resolved, and testified today before the Joint Eco- The amendment, as modified, is as I hope the spirit we have shown with nomic Committee of Congress and said follows: each other will emanate on both sides this government must begin to make of the aisle—I think it will—and that difficult choices to address its deficits Strike all after the enacting clause and insert the following: we will work through those, too, and and warned that postponing them will end up with a good bill. only make them more difficult. So here SECTION 1. SHORT TITLE. I yield the floor. today we are going to spend another $19 This Act may be cited as the ‘‘Continuing Extension Act of 2010’’. The PRESIDING OFFICER. The Sen- billion and put it off on our children, SEC. 2. EXTENSION OF UNEMPLOYMENT INSUR- ator from Florida is recognized. and they will have to pay for it because ANCE PROVISIONS. E Mr. L MIEUX. Mr. President, I rise we are going to have to borrow this (a) IN GENERAL.—(1) Section 4007 of the to speak today on this extenders bill money. Supplemental Appropriations Act, 2008 (Pub- that we will vote on here on a point of We are not supposed to be able to lic Law 110–252; 26 U.S.C. 3304 note) is amend- order that I will make in just a few waive this rule, this legislation, unless ed—

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(A) by striking ‘‘April 5, 2010’’ each place it Act of 2010 (Public Law 111–144), is amend- (d) EXPENDITURES FROM HIGHWAY TRUST appears and inserting ‘‘June 2, 2010’’; ed— FUND.—To permit expenditures from the (B) in the heading for subsection (b)(2), by (1) in subparagraph (A), by striking Highway Trust Fund to effectuate the pur- striking ‘‘APRIL 5, 2010’’ and inserting ‘‘JUNE 2, ‘‘March 31, 2010’’ and inserting ‘‘May 31, poses of this section, this section shall be 2010’’; and 2010’’; and deemed to be a section of the Continuing Ap- (C) in subsection (b)(3), by striking ‘‘Sep- (2) in subparagraph (B), by striking ‘‘April propriations Resolution, 2010 (division B of tember 4, 2010’’ and inserting ‘‘November 6, 1, 2010’’ and inserting ‘‘June 1, 2010’’. Public Law 111–68), as in effect on the date of 2010’’. SEC. 5. EHR CLARIFICATION. the enactment of the last amendment to (2) Section 2002(e) of the Assistance for Un- (a) QUALIFICATION FOR CLINIC-BASED PHYSI- such Resolution. employed Workers and Struggling Families CIANS.— SEC. 9. SATELLITE TELEVISION EXTENSION. Act, as contained in Public Law 111–5 (26 (1) MEDICARE.—Section 1848(o)(1)(C)(ii) of (a) AMENDMENTS TO SECTION 119 OF TITLE U.S.C. 3304 note; 123 Stat. 438), is amended— the Social Security Act (42 U.S.C. 1395w– 17, UNITED STATES CODE.— (A) in paragraph (1)(B), by striking ‘‘April 4(o)(1)(C)(ii)) is amended by striking ‘‘setting (1) IN GENERAL.—Section 119 of title 17, 5, 2010’’ and inserting ‘‘June 2, 2010’’; (whether inpatient or outpatient)’’ and in- United States Code, is amended— (B) in the heading for paragraph (2), by serting ‘‘inpatient or emergency room set- (A) in subsection (c)(1)(E), by striking striking ‘‘APRIL 5, 2010’’ and inserting ‘‘JUNE 2, ting’’. ‘‘April 30, 2010’’ and inserting ‘‘May 31, 2010’’; 2010’’; and (2) MEDICAID.—Section 1903(t)(3)(D) of the and (C) in paragraph (3), by striking ‘‘October Social Security Act (42 U.S.C. 1396b(t)(3)(D)) (B) in subsection (e), by striking ‘‘April 30, 5, 2010’’ and inserting ‘‘December 7, 2010’’. is amended by striking ‘‘setting (whether in- 2010’’ and inserting ‘‘May 31, 2010’’. (3) Section 2005 of the Assistance for Unem- patient or outpatient)’’ and inserting ‘‘inpa- (2) TERMINATION OF LICENSE.—Section ployed Workers and Struggling Families tient or emergency room setting’’. 1003(a)(2)(A) of Public Law 111–118 is amended Act, as contained in Public Law 111–5 (26 (b) EFFECTIVE DATE.—The amendments by striking ‘‘April 30, 2010’’, and inserting U.S.C. 3304 note; 123 Stat. 444), is amended— made by subsection (a) shall be effective as if ‘‘May 31, 2010’’. (A) by striking ‘‘April 5, 2010’’ each place it included in the enactment of the HITECH (b) AMENDMENTS TO COMMUNICATIONS ACT appears and inserting ‘‘June 2, 2010’’; and Act (included in the American Recovery and OF 1934.—Section 325(b) of the Communica- (B) in subsection (c), by striking ‘‘Sep- Reinvestment Act of 2009 (Public Law 111–5)). tions Act of 1934 (47 U.S.C. 325(b)) is amend- tember 4, 2010’’ and inserting ‘‘November 6, (c) IMPLEMENTATION.—Notwithstanding ed— 2010’’. any other provision of law, the Secretary of (1) in paragraph (2)(C), by striking ‘‘April (4) Section 5 of the Unemployment Com- Health and Human Services may implement 30, 2010’’ and inserting ‘‘May 31, 2010’’; and pensation Extension Act of 2008 (Public Law the amendments made by this section by (2) in paragraph (3)(C), by striking ‘‘May 1, 110–449; 26 U.S.C. 3304 note) is amended by program instruction or otherwise. 2010’’ each place it appears in clauses (ii) and striking ‘‘September 4, 2010’’ and inserting SEC. 6. EXTENSION OF USE OF 2009 POVERTY (iii) and inserting ‘‘June 1, 2010’’. ‘‘November 6, 2010’’. GUIDELINES. SEC. 10. EXTENSION OF SMALL BUSINESS LOAN (b) FUNDING.—Section 4004(e)(1) of the Sup- Section 1012 of the Department of Defense GUARANTEE PROGRAM. plemental Appropriations Act, 2008 (Public Appropriations Act, 2010 (Public Law 111– (a) APPROPRIATION.—There is appropriated, Law 110–252; 26 U.S.C. 3304 note) is amended— 118), as amended by section 7 of the Tem- out of any funds in the Treasury not other- (1) in subparagraph (C), by striking ‘‘and’’ porary Extension Act of 2010 (Public Law wise appropriated, $80,000,000, for an addi- at the end; 111–144), is amended by striking ‘‘March 31, tional amount for ‘‘Small Business Adminis- (2) by inserting after subparagraph (D) the 2010’’ and inserting ‘‘May 31, 2010’’. tration—Business Loans Program Account’’, following new subparagraph: SEC. 7. EXTENSION OF NATIONAL FLOOD INSUR- to remain available until expended, for the ‘‘(E) the amendments made by section ANCE PROGRAM. cost of fee reductions and eliminations under 2(a)(1) of the Continuing Extension Act of (a) EXTENSION.—Section 129 of the Con- section 501 of division A of the American Re- 2010; and’’. tinuing Appropriations Resolution, 2010 covery and Reinvestment Act of 2009 (Public (c) EFFECTIVE DATE.—The amendments (Public Law 111–68), as amended by section 8 Law 111–5; 123 Stat. 151) and loan guarantees made by this section shall take effect as if of Public Law 111–144, is amended by striking under section 502 of division A of the Amer- included in the enactment of the Temporary ‘‘by substituting’’ and all that follows ican Recovery and Reinvestment Act of 2009 Extension Act of 2010 (Public Law 111–144). through the period at the end and inserting (Public Law 111–5; 123 Stat. 152), as amended SEC. 3. EXTENSION AND IMPROVEMENT OF PRE- ‘‘by substituting May 31, 2010, for the date by this section: Provided, That such costs MIUM ASSISTANCE FOR COBRA BEN- specified in each such section.’’. shall be as defined in section 502 of the Con- EFITS. (b) EFFECTIVE DATE.—The amendments gressional Budget Act of 1974. (a) EXTENSION OF ELIGIBILITY PERIOD.— made by subsection (a) shall be considered to (b) EXTENSION OF SUNSET DATE.—Section Subsection (a)(3)(A) of section 3001 of divi- have taken effect on February 28, 2010. 502(f) of division A of the American Recovery sion B of the American Recovery and Rein- SEC. 8. COMPENSATION AND RATIFICATION OF and Reinvestment Act of 2009 (Public Law vestment Act of 2009 (Public Law 111–5), as AUTHORITY RELATED TO LAPSE IN 111–5; 123 Stat. 153) is amended by striking amended by section 3(a) of the Temporary HIGHWAY PROGRAMS. ‘‘April 30, 2010’’ and inserting ‘‘May 31, 2010’’. OMPENSATION FOR EDERAL MPLOY Extension Act of 2010 (Public Law 111–144), is (a) C F E - SEC. 11. DETERMINATION OF BUDGETARY EF- amended by striking ‘‘March 31, 2010’’ and in- EES.—Any Federal employees furloughed as a FECTS. serting ‘‘May 31, 2010’’. result of the lapse in expenditure authority (a) IN GENERAL.—The budgetary effects of (b) RULES RELATING TO 2010 EXTENSION.— from the Highway Trust Fund after 11:59 this Act, for the purpose of complying with Subsection (a) of section 3001 of division B of p.m. on February 28, 2010, through March 2, the Statutory Pay-As-You-Go Act of 2010, the American Recovery and Reinvestment 2010, shall be compensated for the period of shall be determined by reference to the lat- Act of 2009 (Public Law 111–5), as amended by that lapse at their standard rates of com- est statement titled ‘‘Budgetary Effects of section 3(b) of the Temporary Extension Act pensation, as determined under policies es- PAYGO Legislation’’ for this Act, submitted of 2010 (Public Law 111–144), is amended by tablished by the Secretary of Transpor- for printing in the Congressional Record by adding at the end the following: tation. the Chairman of the Senate Budget Com- ‘‘(18) RULES RELATED TO APRIL AND MAY 2010 (b) RATIFICATION OF ESSENTIAL ACTIONS.— mittee, provided that such statement has EXTENSION.—In the case of an individual who, All actions taken by Federal employees, con- been submitted prior to the vote on passage. with regard to coverage described in para- tractors, and grantees for the purposes of (b) EMERGENCY DESIGNATION FOR CONGRES- graph (10)(B), experiences a qualifying event maintaining the essential level of Govern- SIONAL ENFORCEMENT.—This Act, with the related to a termination of employment on ment operations, services, and activities to exception of section 4, is designated as an or after April 1, 2010 and prior to the date of protect life and property and to bring about emergency for purposes of pay-as-you-go the enactment of this paragraph, rules simi- orderly termination of Government func- principles. In the Senate, this Act is des- lar to those in paragraphs (4)(A) and (7)(C) tions during the lapse in expenditure author- ignated as an emergency requirement pursu- shall apply with respect to all continuation ity from the Highway Trust Fund after 11:59 ant to section 403(a) of S. Con. Res. 13 (111th coverage, including State continuation cov- p.m. on February 28, 2010, through March 2, Congress), the concurrent resolution on the erage programs.’’. 2010, are hereby ratified and approved if oth- budget for fiscal year 2010. (c) EFFECTIVE DATE.—The amendments erwise in accord with the provisions of the (c) EMERGENCY DESIGNATION FOR STATU- made by this section shall take effect as if Continuing Appropriations Resolution, 2010 TORY PAYGO.—This Act, with the exception included in the provisions of section 3001 of (division B of Public Law 111–68). of section 4, is designated as an emergency division B of the American Recovery and Re- (c) FUNDING.—Funds used by the Secretary requirement pursuant to section 4(g) of the investment Act of 2009. to compensate employees described in sub- Statutory Pay-As-You-Go Act of 2010 (Public SEC. 4. INCREASE IN THE MEDICARE PHYSICIAN section (a) shall be derived from funds pre- Law 111–139; 2 U.S.C. 933(g)). PAYMENT UPDATE. viously authorized out of the Highway Trust Mr. BAUCUS. Mr. President, shortly, Paragraph (10) of section 1848(d) of the So- Fund and made available or limited to the cial Security Act, as added by section 1011(a) Department of Transportation by the Con- the Senate will vote on the motion to of the Department of Defense Appropriations solidated Appropriations Act, 2010 (Public waive the Budget Act for the consider- Act, 2010 (Public Law 111–118) and as amend- Law 111–117) and shall be subject to the obli- ation of my amendment and this im- ed by section 5 of the Temporary Extension gation limitations established in such Act. portant bill to extend unemployment

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2268 CONGRESSIONAL RECORD — SENATE April 14, 2010 insurance benefits and other vital safe- would have one of the largest effects on Let us extend this vital lifeline for ty net programs. economic output and employment per the single father from Missoula and for We need to waive the Budget Act to dollar spent compared with any other his daughters who depend on him. allow this bill to move forward. We action we could take. CBO says for And in this great recession, let us need to waive the Budget Act for the each dollar spent, increasing aid to the waive the Budget Act to enact this people who depend on unemployment unemployed could increase the gross temporary extension of unemployment insurance benefits. domestic product by up to $1.90. That is insurance for the hundreds of thou- We need to waive the Budget Act for 2 to 1. For every dollar spent on unem- sands of Americans struggling, through people like the Montanans from whom ployment benefits, that could increase no fault of their own, just to get by. I have heard. gross domestic product by $1.90. House- It is true that very soon we must sig- We need to waive the Budget Act for holds receiving unemployment benefits nificantly address the budget deficit. Bonnie from Whitefish, MT. Bonnie spend their benefits right away. That is The real test will be the degree to lost her job in property management very important. They don’t save it; which this country, the President, and last year, and has been scraping by on they spend it. That spurs demand for the Congress buckle down and start to unemployment benefits ever since. goods and services. That boosts produc- reduce the budget deficit during times Bonnie has already sacrificed much, tion and leads businesses to hire more of prosperity; that is, after we get out but she is still falling behind on her employees. of this recession and when unemploy- rent. She is unable to afford many ne- Some critics insist that emergency ment levels start to reach sensible, cessities. Unemployment benefits help spending to address the recession is lower levels. That is when we face the her get by from day to day. busting the budget. Some critics blame true test of whether we reduce the We need to waive the Budget Act for emergency spending and the Recovery budget deficit. It is our responsibility people like Richard from Bozeman. Un- Act for the huge budget deficits we face to do so. We should let unemployment employment insurance has helped keep today. benefits be extended. We should not Richard afloat as he searches for a job. We do need to address our Nation’s have to pay for those now. But soon, So far, Richard has applied for more fiscal circumstances, of course, we do. when the unemployment rate falls, than 150—think of it! 150—jobs and has We are currently laboring to reach an when the country comes out of the re- had only 2 temporary part-time posi- agreed-upon package of offsets to pay cession, then it is up to us to go the tions to show for his effort. Though his for much of the long-term extension in extra mile to make sure we, in a re- financial situation is grim, it would be unemployment insurance and other sponsible way, start to address the even more so without unemployment programs the Senate passed on March huge deficits. When we do, it will keep benefits. 10. interest rates low, and other countries We need to waive the Budget Act for And on a larger level, we also need to will have more confidence in the people like the single father from Mis- balance the Nation’s revenues and out- United States. I daresay they have con- soula. He has been out of work for lays. The President’s fiscal commission fidence now, but they will have even weeks. He exhausted his State benefits, will begin its work a week from Tues- more confidence. I very much expect and is now receiving Federal extended day. We will need to think about funda- and hope that this body will exercise benefits. He recently called the Mon- mental tax reform as part of that exer- that effort responsibly to begin to tana Unemployment Insurance Claims cise. And we will need to make sure tackle huge deficits. Processing Center for additional help that we get a dollar’s worth of value Now is not the time. Soon we will because he does not know how he can for every taxpayer dollar the govern- face the time. It is not now. take care of his daughters. ment spends. I suggest the absence of a quorum Unemployment benefits help these But let me set the record straight. and ask unanimous consent that time Montanans to pay the bills. Unemploy- Emergency spending like this bill and under the quorum be charged equally ment benefits help these Montanans the Recovery Act is responsible for against both sides. and millions of Americans who, only a small share of the deficit. The PRESIDING OFFICER. Without through no fault of their own, have In fact, the cost of the Recovery Act objection, it is so ordered. fallen victim to this Great Recession. is projected to be less than 10 percent The clerk will call the roll. The average unemployment benefit is of the total deficit legacy over the next The legislative clerk proceeded to $335 a week. These days, $335 only 10 years. call the roll. stretches so far. The chart behind me tells the story. Mr. LEMIEUX. I ask unanimous con- Benefits have lapsed for 200,000 Amer- The majority of the deficit we will face sent that the order for the quorum call icans. Since Authority expired a few over the next 10 years stems from in- be rescinded. days ago. If we do not pass this bill this herited policies. The tax cuts enacted The PRESIDING OFFICER. Without week, another 200,000 Americans could under the previous administration, the objection, it is so ordered. lose their benefits. wars in Afghanistan and Iraq, and the Mr. LEMIEUX. Mr. President, I Responding to recessions is the very economic downturn itself explain near- thank my colleague, the chairman of definition of an emergency. Responding ly $11 trillion of our deficit over the the Finance Committee. I appreciate to this kind of need is why the Budget next 10 years. his comments about the need for this Act built in motions to waive the budg- These policies were enacted before body to enter into a discussion about et in the first place. The budget needs the current administration and before fiscal discipline. I offered legislation to have flexibility to address truly un- this Congress. Because these policies today to have a requirement that we usual circumstances like today’s econ- were not paid for, we are now facing would have a debate every year to talk omy. huge deficits. about bringing spending back to 2007 Extending unemployment insurance Unemployment benefits are not the levels, prior to the stimulus, prior to benefits is a good investment to make cause of the deficit. We should not bal- the recession, certainly a time when now. It is an investment, in our econ- ance the budget on the backs of the un- this country had a much better economy. employed. omy than now. If I asked Floridians if Unemployment benefits help our un- Right now, it is essential we pass a they could live off of what they had in employed neighbors. And in helping temporary extension of unemployment 2007, they would be happy to have that our neighbors, unemployment benefits benefits. It is essential we help Ameri- much money. Whatever the architec- also help to keep open the neighbor- cans put food on the table. It is essen- ture is, we need to get into that. Our hood grocery store, and the neighbor- tial to pay the bills, while they con- budget deficit and the debt are cas- hood gas station. tinue to look for work. cading out of control. In helping our unemployed neighbors, So let us waive the Budget Act for I disagree with my colleague that we unemployment benefits also help the Bonnie from Whitefish. can wait until the recession is over. economy. The nonpartisan Congres- Let us extend unemployment insur- While I am optimistic that we will soon sional Budget Office says that extend- ance benefits for Richard from Boze- be turning the corner, times are very ing additional unemployment benefits man, MT. tough in my State. I don’t know if it is

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2269 going to be next year or the year after The yeas and nays have been pre- MORNING BUSINESS that we are out of this recession. We viously ordered. Mr. REID. Madam President, I ask have the worst unemployment we have The clerk will call the roll. unanimous consent that we go into a had since we have been keeping records The legislative clerk called the roll. period of morning business until 2 p.m., in Florida, 12.2 percent. I don’t know Mr. DURBIN. I announce that the and at that time we go back on the that we can wait, especially when we Senator from Vermont (Mr. LEAHY) is bill, and that Senator COBURN be recog- hear the Chairman of the Federal Re- necessarily absent. nized to offer an amendment at 2:15. serve say we must act now. Mr. KYL. The following Senator is The PRESIDING OFFICER. Is there Recently, we were in a situation necessarily absent: the Senator from objection? where bonds went out to issue, and the Utah (Mr. BENNETT). Without objection, it is so ordered. Wall Street Journal reported that the The PRESIDING OFFICER (Mrs. Mr. REID. Madam President, I ask yield rate the Federal Government had HAGAN). Are there any other Senators unanimous consent that during the to offer on those bonds, the interest in the Chamber desiring to vote? time of morning business, Senator rate was more than Warren Buffett had The yeas and nays resulted—yeas 58, WARNER and his colleagues be allowed to offer. Warren Buffett was a better nays 40, as follows: to enter into a colloquy. investment than the United States. [Rollcall Vote No. 110 Leg.] The PRESIDING OFFICER. Without Why is that? It is because the world is objection, it is so ordered. YEAS—58 beginning to believe the United States The Senator from Virginia. can’t manage its debt. Places such as Akaka Franken Nelson (NE) Brazil have had their stock market in- Baucus Gillibrand Nelson (FL) f crease 100 percent in the last year be- Bayh Hagan Pryor Begich Harkin Reed JUDICIAL NOMINEES cause they are now seen as a better in- Bennet Inouye Rockefeller Mr. WARNER. Madam President, I vestment than this country. Bingaman Johnson Sanders We can’t wait. We can’t wait for 6 Boxer Kaufman Schumer appreciate the opportunity to get back Brown (OH) Kerry Shaheen into morning business. A number of my months or a year from now. Perhaps Burris Klobuchar Specter the time has already gone too far. Byrd Kohl freshman and sophomore colleagues Stabenow I raise a point of order pursuant to Cantwell Landrieu and I have come to the floor to discuss Cardin Lautenberg Tester section 4(g) of the Statutory Pay-As- Udall (CO) an important issue. We also came to Carper Levin the floor during the final throes of the You-Go Act of 2010. Casey Lieberman Udall (NM) The PRESIDING OFFICER. The time Conrad Lincoln Voinovich health care debate. We are here to raise of the Senator has expired. Dodd McCaskill Warner the issue that, while we are enor- Mr. LEMIEUX. I raise a point of Dorgan Menendez Webb mously proud to be Members of the Durbin Merkley Whitehouse order against the emergency designa- Feingold Mikulski Wyden Senate and respect the traditions of tion in the pending substitute amend- Feinstein Murray the Senate, something seems a little ment and note this is not a budget strange when 15 months into this NAYS—40 point of order. It doesn’t kill this pro- President’s administration, we still vision. It only requires that it be paid Alexander DeMint McCain have approaching 100 nominees who Barrasso Ensign McConnell for by the end of the year. Everybody is Bond Enzi Murkowski have not been voted up or down so that for extending unemployment com- Brown (MA) Graham Reid they can serve in these most important pensation. Everyone is for paying for Brownback Grassley Risch positions to make sure we get our Bunning Gregg Roberts COBRA. The point is, pay for it. Burr Hatch country back on the right path. The PRESIDING OFFICER. Does the Sessions Chambliss Hutchison Shelby We are going to reiterate these Coburn Inhofe Senator wish to raise a point of order? Snowe issues, and we will come back to try to Cochran Isakson Mr. LEMIEUX. I have raised a point Thune urge Senators who have concerns about Collins Johanns Vitter of order. I repeat, pursuant to section Corker Kyl nominees to come to the floor and 4(g) of the Statutory Pay-As-You-Go Cornyn LeMieux Wicker make their case against the nominees. Act of 2010, I raise a point of order Crapo Lugar They ought to be voted up or down, and against the emergency designation pro- NOT VOTING—2 if they are not approved, the adminis- vision in the pending substitute Bennett Leahy tration can move on to someone else. amendment. But 15 months is a long time. As a The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. On this former CEO in business and a former ator from Montana. vote, the yeas are 58, the nays are 40. Governor, I think this President ought Mr. BAUCUS. Pursuant to section 904 Three-fifths of Senators duly chosen to have his team in place. of the Congressional Budget Act and and sworn not having voted in the af- First, this is an issue that a number section 4(g)(3) of the Statutory Pay-As- firmative, the motion is not agreed to. of us have raised over a period of time. You-Go Act, I move to waive all appli- The emergency designation is strick- We all have previous experience before cable provision of those acts and appli- en. coming on this body. I call on my col- cable budget resolutions for consider- Mr. REID. Madam President, I enter league, the Senator from Minnesota, ation of the pending amendment, No. a motion to reconsider. Senator KLOBUCHAR, to make a few 3721, as modified, and the underlying The PRESIDING OFFICER. The mo- comments. bill, and I ask for the yeas and nays on tion is entered. The PRESIDING OFFICER. The Sen- the motion to waive. Mr. REID. Madam President, with ator from Minnesota. The PRESIDING OFFICER. Is there a the consent of the minority, I suggest Ms. KLOBUCHAR. Madam President, sufficient second? we go into a period of morning business I thank the Senator from Virginia. There appears to be. for 1 hour, and at 2 o’clock we go back As a member of the Judiciary Com- The yeas and nays were ordered. Mr. BAUCUS. I suggest the absence on this bill. As soon as Senator COBURN mittee, I have seen what is going on of a quorum. comes—Chairman BAUCUS will be here here. We get these nominations The PRESIDING OFFICER. The around 2:15 and he will be ready to through our committee, and then they clerk will call the roll. offer his first amendment. If there are vanish into thin air. You can look at The legislative clerk proceeded to any procedural issues, which there the numbers with what is going on call the roll. shouldn’t be because this point of order here. You have a situation where Presi- Mr. BAUCUS. Mr. President, I ask was not well taken—so if there is any- dent Bush had 100 circuit and district unanimous consent that the order for thing we need to do, staff will be work- court confirmations during the first 2 the quorum call be rescinded. ing on that so that procedurally we can years of his Presidency. To date, Presi- The PRESIDING OFFICER. Without get to him. dent Obama has only 18. There are lit- objection, it is so ordered. We all know that at 2:15 we will be erally dozens of nominees waiting. The question is on agreeing to the back on the bill, and Senator COBURN Why does this matter? We can spend motion. will be offering his first amendment. the whole morning spouting numbers

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2270 CONGRESSIONAL RECORD — SENATE April 14, 2010 and talking about the times and dif- The PRESIDING OFFICER. The Sen- Committee in July of 2009. We could ferences between the months. Why does ator from Vermont is recognized. not get him a vote on the floor. Then it matter? This is about a drug dealer Mr. SANDERS. Madam President, I he wasn’t carried over. The Repub- who doesn’t get prosecuted, someone think most Americans understand that licans objected, so now he has been re- who is running a drug ring, because in the Senate, and in government in nominated earlier this year and re- there is not a judge to bring the case in general, honest people will have honest ported out again. We cannot get a vote front of. I was a prosecutor running an differences of opinion. They debate on him. He is the guy who helps the office of 400 people, and I saw what issues, represent constituencies, and President vet the people for the judge- would happen if we didn’t have judges. vote. Sometimes you win and some- ships. It is also about a felon in possession of times you lose. I think there is a grow- I don’t want to hear complaints from a gun, and they can’t bring up his case ing anger and frustration when a lot of my friends on the other side about the because they have a heavy docket of what takes place on the floor has noth- pace of the judgeships being nomi- criminal, civil, and corporate cases, ing to do with an honest debate on the nated, when they are holding up the and because of this you cannot get issues but simply obstructionism, ob- guy who helps the President vet the criminals off the street. Or this is structionism, obstructionism. judgeships. about complicated white-collar crimes The American people have a hard This is a perversion of the filibuster. such as the one with Bernie Madoff. In time understanding when you have The whole point of the filibuster was a recent case in Minnesota, there was a well-qualified nominees for the judicial that our Founders said the Senate was lengthy trial involving a guy who got a positions, when some of these nominees the saucer to cool the passions of the 50-year sentence. If we don’t have the have gotten out of committee with House of Representatives, right? We judges to handle these things, crimi- unanimous or almost support, it takes wanted to prevent the tyranny of the nals will be out there committing months and months to get these nomi- majority. This isn’t about that—not crimes. That is what this is about. nees approved so they can do their job. when you are holding somebody up, I will say this before I turn it over to As the Senator from Minnesota said and then when you have the vote, it is my colleague, the Senator from New a moment ago, the issue is that justice 99 to 0. That has nothing to do with Hampshire. President Bush had 100 cir- delayed is justice denied. We have some what the purpose of the filibuster is. cuit and district court confirmations dangerous people out there who should Do you know what this is? This is run- during the first 2 years of his Presi- be tried and found guilty and sent to ning out the clock. This is used to stop dency. Today, President Obama has 18. jail. We have ordinary citizens who business before the Senate. If we are going to hit this hundred have claims before courts and they The American people ought to be in- number and get 82 more judges con- want their day in court. Right now, censed about this, because what this is firmed, we are going to have to do they cannot get that day because the doing is slowing down anything from nearly 3 per week. courts are backed up because we don’t getting done on jobs, on Wall Street re- The new Members of the Senate are have enough judges. So I hope very form, and on energy. That is what this here to say let’s get this done because much that we can get moving and do is about. This is about not letting this justice delayed is justice denied. what has to be done, and that is to ap- President and this Congress achieve I turn this over to Senator SHAHEEN. point these judges. I hope we can get The PRESIDING OFFICER. The Sen- anything. This is about obstruc- ator from New Hampshire. an up-or-down vote on them. tionism. Mrs. SHAHEEN. Madam President, I I yield the floor. I yield back to the Senator from Vir- Mr. WARNER. Madam President, am here to join my colleagues to raise ginia. our concerns about what is undoubt- again, there are judicial nominees and Mr. WARNER. I thank my colleague edly a deliberate attempt to keep there are administrative nominees. I from Minnesota. In his case in point, President Obama’s nominees from get- ask my friend, the newest Member of we had a judicial nominee endorsed by ting through the Senate and taking the Senate, who comes from a different a Republican Governor, reported out over their jobs, regardless of whether it business than I—I came from the unanimously, filibustered, and then she is a court justice or whether it is the telecom business and he comes from a was confirmed 99 to 0. Director of the Office of Violence different business. I respect the traditions of the Senate, Against Women. I was on the floor a Mr. FRANKEN. I kind of came from but something is broken. I now ask the couple months ago because the Direc- telecom. Senator from Colorado to speak. He is The PRESIDING OFFICER. The Sen- tor of the Office of Violence Against actively talking with the people of Col- Women, from New Hampshire, had been ator from Minnesota is recognized. orado who hired him for this position. Mr. FRANKEN. Madam President, I held up 2 months after unanimously He hears the frustration they express am going to tie together judicial nomi- being approved in the committee. She about why can’t you get things done. nees and administrative nominees. You was held up not because it had any- The PRESIDING OFFICER. The Sen- heard from my colleague, Senator thing to do with her qualifications but ator from Colorado. because somebody objected to some- KLOBUCHAR from Minnesota. She Mr. BENNET. Madam President, thing else—who knows what. The per- talked about how President Bush had, there is not a person in this Chamber, son who objected never had to tell why during his first two years in office, I guarantee you, who does not go home they were objecting. about 100 judicial nominees confirmed, at the end of the week and hear from That is the situation we are in now. and it is 18 judges so far for President people of their State—Democrats, Re- We have 94 nominees being held up by Obama. The district court nominees publicans, or unaffiliated voters— the other side of the aisle, and they are who have been reported out of com- ‘‘what in the world are you guys doing not telling us why they are holding up mittee are waiting almost twice as back there? What’s with all the polit- these nominees. They have to come for- long to be confirmed as during the ical games being played? Why can’t ward and allow a vote. It is time for us Bush administration, and circuit court people act in a bipartisan way?’’ to move forward on the judiciary nomi- nominees are waiting five times longer. I think it is important to say that we nees—on all of those 94 nominees—and I have heard my colleagues from the are talking about a bunch of nomina- get a vote and keep government mov- other side say, well, the President isn’t tions that actually have broad bipar- ing. nominating judges as fast as President tisan support. Most of them passed out Mr. WARNER. Madam President, I Bush did. First, you would think if that of committee by voice vote—certainly thank the Senator. She realizes the im- were the case, they would have to wait on a bipartisan basis. portance of getting a team in place, less time because there are fewer of As the Senator from Virginia was whether it is judicial or administra- them. The reason he has been nomi- saying, there is instance after instance tive. nating fewer is because they are hold- where there has been delay, delay, Somebody who feels very passionate ing up Christopher Schroeder, from the delay, only to see somebody pass 97 to about this and a lot of other issues is Office of Legal Policy at DOJ. He is the 0 or 98 to 0. That is not about partisan- the Senator from Vermont. He wishes guy who vets nominees for judgeships. ship or about Republican versus Demo- to speak. He was reported out of the Judiciary crat. To me, that is about Washington

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2271 being completely out of touch with the aisle whom I do not have a positive re- have, as the Senator from Minnesota real world. The real world doesn’t act lationship with and feel good about. said, members of the DOJ who are held this way. They don’t use rules to make You can say that about the issues. up. We have a very qualified and tal- excuses for not getting their work What I say is there is a difference on ented individual up for Treasury Under done. The real world doesn’t say we are the issues. Basically, we disagree about Secretary for International Affairs. frightened to debate these issues. The the issues. But I do have a hard time, They are enormously important posi- real world doesn’t take people who are when it comes to judicial nominations tions. qualified for their jobs and prepared to especially, on the rationale for the ar- I know my friend and colleague, the serve this country at an enormously gument because it is not a matter of Senator from Maryland, wishes to difficult time in our history and say: issues. speak on this subject matter. Let’s put it off until next week or the We have differences about some The PRESIDING OFFICER (Mr. week after that or the week after that. judges, but the vast majority of judges UDALL of Colorado). The Senator from Nobody here is saying we should not still being held are judges we all agree Maryland. have a vote. Nobody here is saying we are competent judges. So why is it they Mr. CARDIN. Mr. President, I thank should not have a debate. We are say- are not being confirmed, especially Senator WARNER for taking this time ing that the American people deserve when we talk about the two areas to bring to the attention of our col- better than that. By the way, people about which most Americans are so leagues a very serious problem. may not know this. In this institution, concerned? One is crime, that we deal One of the most fundamental respon- it is actually possible to put a hold on with crime and deal with it in a quick sibilities for a Member of the Senate is somebody and not say who you are. manner; that people are given a fair to advise and consent on the Presi- I say to the Senator from Virginia, as trial, but then if they are guilty, they dent’s nominations. There are literally the Governor of the Commonwealth of are put in jail. All Americans agree to hundreds of appointments that are Virginia, how could you ever have got- that. To do that, one of the key going to require our confirmation— ten anything done if that were the chokepoints for us is the judges. We more than that; thousands, actually, case? need the judges to be confirmed in that we have to confirm. Our responsi- It is possible to put a hold on some- order to deal with crime. bility is to take the appointments the body in this institution and never ex- The other area, as I know my friend President has given us, to evaluate plain why you did it. You do not know from Virginia is so aware, is the busi- them, and then to act, either to con- what the issue is. That is why we need ness side. If you are a businessperson, firm or not confirm. to have this debate and move forward. you need certainty. You need the abil- The American people depend on these Everybody in this Chamber has an ity to know, if you have a dispute, that individuals being in office to perform obligation, whether they are Democrat you can get it handled in a court and the services they need, whether it is or Republican, to look at the merits of that you get prompt action. That is services that come forward in the De- the nominees and to vote their con- what everyone wants. With many of partment of the Treasury in dealing science on those nominees. But the these things, it isn’t as important that with the economic issues of this Na- American people are enormously frus- you win as it is that you get an answer. tion, the regulatory functions that are trated with the current state of affairs. When we have vacancies in district and important to protect consumers in They want an open and sensible con- circuit courts, that holds up every- America, to be able to give those who versation about the policy choices we thing. have been wronged an opportunity in The final point is, there were always face as a country, and I think they our judicial system to have courts that differences of opinion, but starting want an end to the political games. can handle their dockets in a timely about the 1980s, the judges became a It is important we are all here today. way. All that is dependent upon the football. They just became a football. I hope there are others who will join us Senate carrying out its responsibility When I hear about the old wars—it is in the days ahead. I thank the Senator to advise and consent to take up the like the Hatfields and McCoys. Who from Virginia for organizing this dis- nominations of the President. was the first Senator to hold up the cussion. Look at what has happened in this most number of judges and when did it Mr. WARNER. Madam President, Congress. Let me point out the district happen? Our judge did this. You did again, this should not fall on partisan court judges. District court judges are this. We did that. It really sounds like lines. We welcome those Senators on the judges who hear the overwhelming the Hatfields and McCoys on the floor the other side of the aisle who are frus- number of cases. If you have a problem sometimes. trated by this process and want to I am saying it is time to put that be- and you go to Federal court, you go to bring, while respecting the traditions hind us. It is time to put that behind district courts. That is where 99 per- of the Senate, rationality back to the us, especially when it comes to these cent of the cases are going to be heard. process. judges whom we know are competent; In 2002, when George Bush became My good friend from Delaware, while where there is agreement, there is no President, 35 of his district court ap- he is a freshman Senator, has served in disagreement. I defend the right of the pointments were confirmed. They wait- this institution longer than most of us minority to hold up judges they think ed on average 13 days after being re- and has watched the transformation of are not competent. We had three judges ported by the Judiciary Committee for this institution. I would love to have in a row who were confirmed by unani- confirmation votes on the floor of the Senator KAUFMAN’s comments on this mous votes of the Senate. Senate. On this date, there were no fur- issue. What I am saying is it is time to put ther pending district court appoint- The PRESIDING OFFICER. The Sen- that behind us. The American people ments that required the confirmation ator from Delaware. are looking to us to behave in a bipar- of the Senate. We had acted on every Mr. KAUFMAN. Madam President, tisan manner. Again, we are going to one of them. some things have changed. I came here have partisan differences on some Now let’s take a look at the current in 1973 working for now-Vice President judges, but when we have judges where situation. This Senate has only con- BIDEN. Back then, if you asked the there is bipartisan agreement, the firmed 11 of President Obama’s district American people what they most dis- American people are stymied to under- court nominations, and they waited on liked about Washington, they would stand why in Washington we are behav- average 43 days. There are 17 district say partisan bickering, the back-and- ing this way. I call on my colleagues to court nominations that have been re- forth. That is what they really do not work together and see if we cannot get ported out by the Judiciary Com- like about what goes on. these judges confirmed. mittee. Most have been reported by My basic reaction is, and I have said I thank the distinguished Senator. voice vote, by unanimous vote, no con- to people that today what looks like a Mr. WARNER. I thank the Senator troversy at all with most of these lot of partisanship—basically, Senators from Delaware for his comments and nominations, and they have been pend- like each other. This is not about peo- perspective. ing on average 46 days. ple not liking each other. There is not Again, while many of my colleagues This is an intentional action by the a Senator on the Republican side of the talk about this related to judges, we Republicans to block the ability of

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2272 CONGRESSIONAL RECORD — SENATE April 14, 2010 President Obama to place his ap- support. If this was a question of quali- a Presidential appointee, ought to pointees either in the courts or in his fications, it ought to be legitimately bring them to the floor and debate administration. That is just wrong. If questioned and debated. them. While we want to be respectful of you have a disagreement, let’s debate I know there are other colleagues Senate traditions, I think allowing the it. If there is a legitimate concern, let’s showing a little bit of the radical process to go along without using the talk about it. But that is not what is transformation we are making. Having existing rules to try to force us to con- happening here. freshmen Senators speak is part of front these issues does not make any The people of Maryland, the people that. sense when our country faces many around this Nation are being denied es- I now call on my good friend from enormous challenges. sential services because of a partisan Pennsylvania to add his comments. I I call on my good friend from Colo- strategy to block this body from time- believe the Senator from Pennsylvania rado who, while he served in the other ly considering the appointments by the has judges in Pennsylvania and other body, has obviously had a longtime President. That is just wrong. It is appointees who have been pending. family tradition of public service. I am time we bring an end to it. It is time Mr. CASEY. I thank the Senator sure the folks in Colorado are scratch- the Democrats and Republicans work from Virginia for getting us together ing their heads about the rules under together in the best interests of the to talk about something that is funda- which we operate. American people. mental. Basically, we are talking about The PRESIDING OFFICER (Mrs. I yield my time to the Senator from our system of justice. We heard the HAGAN). The Senator from Colorado. Virginia. number of days, when we compare this Mr. UDALL of Colorado. Madam Mr. WARNER. Mr. President, I thank administration to the prior administra- President, I thank Senator WARNER. the Senator from Maryland for his tion, it takes to confirm a judge on the I did want to touch on the concerns comments. Again, we want to be re- appellate court or on the district court. of the people of Colorado with respect spectful of Senate traditions, but it It is important for people to realize to the discussion we are having today. just seems at this moment in time, that we are not talking about saying I want to start by saying that one of with so many issues our country is con- they on the other side should be voting the fundamental roles of the Senate is fronting, we need a rational process. for all of our judges or they should be to advise and consent the President of We need to be able to explain, as the endorsing them, even though when the United States. We do not even have Senator from Colorado said, to the they come to the Judiciary Committee a chance to advise the President, much American folks why we are not getting we have had tremendous bipartisan less consent, because of the anonymous business done. Part of the reason we votes on a lot of these judges. holds and the slowdown tactics that are not getting business done is the Here is a lot of what the American have been utilized when it comes to all President does not have his team in people do not understand. They can un- these important nominees. place, judges are not in place, and a lot derstand that when Senators are mak- We ought to have a chance to debate of time is wasted on the Senate floor ing their minds up about how to vote on the floor of the Senate, which is the with needless filibusters. on a particular nominee to be on a dis- advisory role, and we may find some There is another freshman Senator trict court or on an appeals court, we judges do not pass muster, but they de- with whom I have had a number of con- might have a difference of opinion as it serve an up-or-down vote on the floor versations, my good friend from North relates to judicial philosophy, for ex- of the greatest deliberative body in the Carolina. This is a little different from ample, or the experience of this par- world, the U.S. Senate. That is not the way she operated as State senator ticular individual or their character, happening. in Raleigh, NC. I would love to hear her their ability to serve with integrity. I note that some of my colleagues comments. All of those basic considerations we pointed out two cases where Judge Mrs. HAGAN. Mr. President, I thank have to weigh and I think by extension Thompson from Rhode Island for the Senator from Virginia for helping the American people weigh when they months was stalled on the Executive us come together to talk about this are deciding whether or not someone is Calendar. There was no reason given. issue because it is of critical impor- fit to serve on a district court or appel- When she was finally brought to the tance. late court. All of those considerations floor, there was a 98-to-0 vote, a unani- In North Carolina, we have two jus- are considerations Democrats and Re- mous vote. What was the problem? tices for the Fourth Circuit Court com- publicans will weigh, but we cannot do Why couldn’t she be confirmed earlier? ing before this body. They were heard that unless we can get a vote, unless With Judge Keene from the State of in the Judiciary Committee back in we can put a nominee in front of the the Senator from Virginia, we had to January. They are ready to go. How- Senate for an up-or-down vote based have a cloture vote to bring her to the ever, once again, the individual who is upon their record, based upon their floor—4 months. She was approved 99 to vet justices has not been heard, views and philosophy. But this idea of to 0. There was no objection expressed Chris Schroeder. We need to bring him obstructing purely for political rea- to her sitting on the circuit court. This up. Although both of these individuals, sons, sometimes to slow down the is senseless. This is absurd. Judge Wynn and Judge Diaz, have President’s agenda for no good reason, In Colorado, we have had two vacan- come out of the Judiciary Committee, sometimes to bottle up things in the cies on our district court for many they are waiting to come up for a vote. Senate, makes no sense as all. Why months, going on years now. That They are behind in the queue from all don’t our colleagues want these nomi- bench is undermanned right now. the other district court judges who nees for various positions in our sys- Those judges are appealing to Senator have not come forward. I will say that tem of justice to go before the Senate BENNET and me to get two more judges my colleague, Republican Senator to have an up-or-down vote, and then for reinforcements so that docket can BURR, is in total agreement with both we can have a debate as part of that be reconsidered. Those district court of these nominees. We need to bring about their qualifications or about judges are not being moved on the floor them forward for a vote. The inter- their educational background or their of the Senate so that we can advise and esting fact is that one of these posi- ability. We can certainly do that. This then, hopefully, consent. tions has been open since 1994. Talk idea of obstructing for political and We have a Federal attorney whom we about justice delayed is justice denied. partisan reasons makes no sense to us, need to see confirmed. There has been It is high time this body had an oppor- and I am sure it makes no sense to the no movement there as well. So for me, tunity to vote to put forward Judge American people. the Senate is not keeping faith with Diaz and Judge Wynn to represent our I yield the floor. the people of our respective States and State on the Fourth Circuit Court of Mr. WARNER. What we have heard in not keeping faith with the people of Appeals. the case of Pennsylvania, as we heard the United States. Mr. WARNER. Mr. President, I thank from all of us, is frustration. As the I know we can do better. I know the the Senator for her comments, again Senator from Colorado said, folks who American people, when they look here recognizing that some of the judges she have legitimate complaints about an to Washington right now, wonder why is talking about have had bipartisan individual, whether they are a judge or we are behaving like children. Children

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2273 have an excuse, don’t they, Senator? district. In these interviews were peo- about certain other nominees the They are children. We are not. We have ple who were active in their commu- President has put forward, and my un- greater responsibilities. I hope we can nities, who donated their time and derstanding is that some of these nomi- set aside our differences, bring these spent 2 or 3 full days. nees were held up because of totally nominees to the floor, across the board, The panel then submitted to me the unrelated issues. and have an up-or-down vote. top three candidates in both the north- I don’t know about the folks in Mon- I would suggest that perhaps we ern and southern districts, and I inter- tana, but the folks in Virginia are ought to bring a block of nominees to viewed each of the three and chose who scratching their head and saying: What the floor under a unanimous consent I thought would be the best Federal do Canadian tobacco laws have to do request. They have all been vetted. The district judges. I then spoke with Sen- with a Presidential nominee for a to- President needs to have a full com- ator VOINOVICH and he signed off on tally different type of job that has plement of people in his administration them. Both of these candidates were nothing to do with Canada or tobacco? to do the work of the American people. then submitted to the President, who So I would like my good friend, Sen- Again, I thank Senator WARNER. We in turn submitted them to the Senate ator TESTER, to speak to these issues. will continue to beat these drums until and the Judiciary Committee. The Ju- The PRESIDING OFFICER. The Sen- these nominees have had a chance to be diciary Committee voted overwhelm- ator from Montana. voted upon. This is crucial to me and ingly for each of them. Yet they still Mr. TESTER. Madam President, I to the challenges our country faces haven’t come to a vote on the Senate thank my colleague for the recognition here today. floor. and for his leadership and his ability to Mr. WARNER. I thank the Senator I couldn’t have done this in a more see through the fog that has been cre- from Colorado for his comments and bipartisan and fair way to make it hap- ated here in the Senate. his great perspective on this issue, and pen, and I know Senator VOINOVICH You know I am a farmer. Most folks again, part of what he is raising is that wishes to move on these judges. He in this body know I am a farmer and I we want to consider the rules and tra- signed off on them, and on the day we have been my entire life. One of the ditions. Today, we have all these fresh- announced them we put out a joint things farmers can’t deal with is idle men and sophomore Members coming statement where we said these were hands. When there is work to be done, to the floor and saying the process important judgeships and that we had you roll up your sleeves and you get seems to be broken. We want to urge selected the right people. out there and you get the work done. our colleagues on the other side to As Senator CARDIN said, this is In Montana, right now it is planting allow the process to move forward and wrong. There are backlogs in these season, and the folks there who are in to suggest that we are not going to let courts and, as Senator HAGAN of North agriculture—as with small businesses business as usual continue to go on. We Carolina said, we need to fill these po- and working families, but in agri- want to give them appropriate notice. sitions. As has been said, justice de- culture particularly—are looking at ei- There is no attempt to ambush on layed is justice denied. There are back- ther getting their fields ready or they process here, but we are saying enough logs both in the northern and southern are in the field putting seeds in the is enough. We owe it to this body and district and we have these two ready to ground because the work is there and it we owe it to the folks across the coun- be voted on. We could do it today. It has to be done. You have an oppor- try. could be done by unanimous consent tunity to do it, and you do it. Madam President, someone who request, as Senator UDALL of Colorado Well, it is planting season in the Sen- comes to this floor regularly to talk suggested. We could do that. ate all the time. Whether it is creating about health care and a series of other There are now two new vacancies in jobs or turning the economy around or issues has these same issues facing him Ohio, and so we will start that process. fixing health care or whatever it may in his great State of Ohio, and he wish- But it doesn’t make sense that Presi- be, we have important work to do. The es to make some comments on this as dent Obama’s district court nominees folks on the other side of the aisle, I well. have waited twice as long after being guess, are watching the clouds roll by, Mr. BROWN of Ohio. I appreciate the favorably reported by the Judiciary because the fact is, it is time to go to work Senator WARNER is doing, along Committee to be voted upon. So in ad- work. Obstructionism is not something with Senator HAGAN and Senator dition to the other judges who have that takes a lot of skill, but getting UDALL. I came to the Senate 31⁄2 years been vetted by a whole process—from things done requires hard work, and it ago. I am personally not a lawyer, and the State senator to the FBI, to the is time to get things done. I have, obviously, never sat as a judge, President, to the Senate Judiciary These judicial appointments we have but I understand the custom here is Committee—it is time now for a vote. to do right now in the Senate are criti- that, typically, if there is a Senator And most of these will be unanimous or cally important. They are critically from a State with the same party af- close to it. important for this country and for the filiation as the President, that Senator I think there will be overwhelming process to work, and yet they are being makes a recommendation to the Presi- support for Judge Pearson in the north- held up for literally no reason whatso- dent for a Federal judgeship or a dis- ern district and Judge Black in the ever or just because they can be held trict Federal judgeship, and normally southern district. They have proven up. the President will accept that. My sen- they are ready to go and they would be Let me give a quick statistic, be- ior Senator, my colleague from Ohio, is good judges. Both are U.S. magistrates cause we always compare what goes on a Republican. So rather than block him now, so they have gone through other in past administrations. I can tell you out of the appointment process, the vetting processes for those jobs. I hope that in the first 2 years of the Bush confirmation process, I asked him to my colleagues will decide to accept Presidency he had 100 circuit and dis- join with me and we put together a these and move on, because we have so trict court nominations confirmed. To committee for the northern district in many other things to do. This delay date, President Obama has had 18 over Ohio for a judge vacancy. Actually, and obstructionism on judges is wrong 2 years in. This is idle work. Idle hands there were two, one in the northern and we need to move on. get nothing done. It is time to go to district and we did one in the southern Madam President, I thank Senator work in the Senate, it is time to do district. We had a panel of, I believe 17 WARNER for his leadership on this away with the obstructionism, and it is people. The northern district panel was issue. time to put the Senate back on the side actually majority Republican. I am a Mr. WARNER. I thank the Senator of the people. Democrat; the President is obviously a from Ohio. A lot of my colleagues and Mr. WARNER. I thank the Senator Democrat. The southern district was a I talk about judges, but this goes way for those comments, and in the interest majority Democrat, barely. The panel beyond judges. As a matter of fact, a of full disclosure, I might try to use did lengthy interviews of about 20 po- Senator who has been a leader on this that line about idle hands—as a matter tential judges each—Federal judges— issue, my friend, the Senator from of fact, in a speech later this afternoon. for the one vacancy in the northern Montana, has come to this floor on I know we have been joined by one district and the one in the southern other occasions by himself to talk more of our freshman colleagues who

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2274 CONGRESSIONAL RECORD — SENATE April 14, 2010 may not have grown up as a farmer but Mr. WARNER. I thank the Senator It is about nothing less than who we who understands equally as well the from Illinois. are as a country. importance of this body getting its Madam President, I think we have It is about enfranchisement, and work done, and that is my friend, the had more than a dozen Senators speak civic duty, and ensuring the success of Senator from Illinois, Senator BURRIS. this afternoon. I appreciate all of them the American system of self-govern- The PRESIDING OFFICER. The Sen- coming out on relatively short notice. ment. ator from Illinois. We raised these issues before we went That is why our Constitution man- Mr. BURRIS. I thank my colleague on recess, because we want to be re- dates that the census take place every from Virginia, Senator WARNER, who spectful not only of traditions but to 10 years. has taken a leadership role on this im- our colleagues on the other side. We And that is why, 220 years after portant and crucial issue in the Senate. recognize, as the Senator from Colo- Thomas Jefferson started this tradi- At a time when we are looking at rado has said, that there are rules that tion, we are once again asking all trying to move all this major legisla- allow us to ask unanimous consent to Americans to stand up and be counted. tion and solve problems for the people bring these folks up, and in future days Our country has grown by leaps and of America, we find ourselves stymied and weeks we will use those rules to bounds since Jefferson’s time. Making with regard to our third branch of gov- try to urge a full-fledged debate, and sure we get an accurate count can be a ernment. The upcoming vacancy on the not just on judicial nominees. As the complicated process, but it has never Supreme Court has already started a former CEO of a business, and the been more important, especially for lot of talk across the Nation, despite former CEO of a State, I know there low-income and minority communities, the fact that we don’t even have a are a whole host of administrative which are in the greatest need for the nominee as yet. But let’s forget about nominees which are part of the admin- resources that will be allocated based that. We must still focus on a number istration that this President needs to on this census. of immediate judicial nominations. get in place. The problem is that many of these My Republican friends continue to I thank the Presiding Officer for the communities also have low participa- delay and obstruct, and for what rea- time we have had to share our concerns tion rates—so they are often under- son, I have no idea. Take, for example, about this process. Again, I encourage counted, and receive less funding than my home State of Illinois. There are my colleagues and friends on the other they deserve. currently five judicial vacancies, two side to allow us to get this fixed, to get That is why we need make a special in the central part of the State and back to the substantive debates that effort to reach out to these commu- three in the northern part, which is, of are so important—financial reregula- nities. course, where we have Chicago. The tion, energy, and jobs—and that the We need to let everyone know how caseload is tremendous on those cur- American people deserve and demand. important it is to participate, so we rent judges and so there are all these With that, Madam President, I yield can get a clear, accurate snapshot. delays. If you want to know why it the floor, and I suggest the absence of Fortunately, unlike in Jefferson’s takes so long to bring someone to trial, a quorum. day, the 2010 census will not take sev- that is because the judges there are The PRESIDING OFFICER. The eral months to complete—it will take overworked and the numbers there clerk will call the roll. about 10 minutes. need to be brought up to par with what The assistant legislative clerk pro- This year’s form is one of the short- the requirements call for. ceeded to call the roll. est in history—and it bears a close re- Illinois is not alone. This is hap- Mr. BURRIS. Madam President, I ask semblance to the original question- pening all over the country. So the unanimous consent that the order for naire that was used in 1790. numbers are such that we have all of the quorum call be rescinded. Filling it out will be quick and these nominees who have been nomi- The PRESIDING OFFICER. Without easy—but it will make a world of dif- nated, and some have been cleared by objection, it is so ordered. ference. the committee unanimously. On some f I ask my fellow Americans to join me of the other judges, whom we did get in doing their civic duty, as required confirmed, we had to go through clo- CENSUS 2010 by the Constitution. Take 10 minutes ture. They cleared the committees, Mr. BURRIS. Madam President, in to fill out and return this census form. they were blocked, but then, when we 1790, Secretary of State Thomas Jeffer- It could be the most productive 10 min- got to vote on them, the result was 99 son became the first government offi- utes of the decade. It will make your to 0. That is uncalled for. So we must cial to perform the essential duties laid vote count for more on election day. It do what we can in order to make sure out in Article One Section Two of the will make sure hospitals, fire depart- that the judicial process is not being U.S. Constitution. ments, and police departments are up delayed. That is, after all, our third He oversaw a team of marshals, who to the task of serving your community. branch of government. That is where fanned out across all 13 United States It will secure adequate funding for justice is rendered for individuals who to conduct the very first U.S. census. roads, bridges, rail lines, and other im- have violated any of the Federal laws. In those days, it took quite a long portant infrastructure. And it will help My Republican friends are holding time to gather an accurate count and us reaffirm the unwavering commit- these up. They are blocking these im- certify the results. ment shared by all Americans—to a portant nominations and stopping the But, in many ways, that first census representative government—a govern- Senate from performing its constitu- laid the cornerstone of our democracy. ment of the people, by the people, and tional duty to advise and consent. We It codified the principle that our sys- for the people; a government that cannot consent because of the delay tem of government depends upon accu- serves not only the best interests of tactics they are using. As a former at- rate representation of the people. this great country but of the world. torney general of my State, I have a And, even today, that’s exactly what I yield the floor and suggest the ab- deep understanding of how this ob- the census is all about. sence of a quorum. structionism brings our justice system It determines the size of the House of The PRESIDING OFFICER. The to a standstill, and justice delayed, of Representatives, and ensures that con- clerk will call the roll. course, is justice denied. It is simply gressional districts and electoral votes The bill clerk proceeded to call the inexcusable. are distributed accurately. roll. I urge my Republican colleagues to It helps target Federal funding for Mr. BROWN of Ohio. Mr. President, I stop blocking these qualified nominees, schools, hospitals, community centers, ask unanimous consent that the order stop playing political games at the ex- infrastructure projects, and a whole for the quorum call be rescinded. pense of our court system—the third host of other programs. The ACTING PRESIDENT pro tem- branch of our government—and let’s In short, it helps our government pore. Without objection, it is so or- bring all of those nominees to a vote. work the way it is intended in each dered. I thank the Senator, and I yield to community, so everyone’s voice can be Mr. BROWN of Ohio. Mr. President, I him. heard. ask unanimous consent to speak as in

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2275 morning business for no more than 5 CONCLUSION OF MORNING before us an identical bill before us for minutes. BUSINESS 60 days. It is going to cost $18.2 billion. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- That is what CBO says. The question I pore. Without objection, it is so or- pore. Under the previous order, morn- have to ask is, is it morally right for us dered. ing business is closed. to steal that money from our children’s f future or make hard choices about f wasteful spending today? The choices TRIBUTE TO TOMASZ MERTA CONTINUING EXTENSION ACT OF are not hard other than in our stub- Mr. BROWN of Ohio. Mr. President, I 2010—Continued bornness that we don’t want to agree. rise as a result of the resolution offered When businesses are taken over, earlier today commemorating the trag- The ACTING PRESIDENT pro tem- when a larger business buys a smaller ic deaths of so many Polish leaders, es- pore. The Senate will resume consider- business, the first thing they do is be- pecially the death of Tomasz Merta, ation of H.R. 4851. come great cash managers of the busi- who is the Minister of Culture in Po- The Senator from Oklahoma is recog- ness. In other words, they make sure land. nized. the money in the business is always I worked with Tomasz Merta a couple AMENDMENT NO. 3723 working for the business. So if there is times over the last 25 years. In the Mr. COBURN. Mr. President, if any- excess cash lying around in accounts, early 1990s, he was a very young man, body has been watching the Senate they take that money and reduce what- was still in his twenties, and he worked today, there was a point of order made ever outstanding debts they have or with Ohio State’s Mershon Center, that the spending we are going to pass forgo borrowing money and use that where I worked, helping his country’s to pay for unemployment insurance ex- cash in a more efficacious and serious government transition from com- tension benefits and benefits for health manner. The first amendment I will munism to democracy. We worked on insurance for those people, in terms of offer is asking us to do nothing but the everything from curricula writing to buying through their former employ- same. training teachers. ers, as well as the sustainable growth At the end of last year, the Federal I worked with him again when I was rate formula, failed to be overriden. Government had on its books money it a Member of Congress. This time I We will have another vote on that be- borrowed but had not spent of $676 bil- went to Ukraine, and he helped us cause the majority side was missing lion. That is what is sitting in ac- train Ukrainian teachers, helped write one Member, and they will eventually counts, money we have borrowed that curriculum, and help those Ukrainian win on that. What that says is, we are is not being utilized efficiently. At the teachers teach government courses on once again back to the point where we end of next year, at the end of fiscal civic education in Kiev. 2011, according to the OMB, it will be So Tomasz Merta, born in 1965, grad- refuse to make the hard choices to pay $614 billion. That is almost half of the uate of Warsaw University, got a Ph.D. for things we need to do today by debt we will borrow this year. This His whole career was all about love of eliminating things that are not as im- first amendment simply says: Let the country, all about democracy, all portant. administration utilize its executive about doing the right thing. He, in the The point of order was on the fact prerogatives and instead of us bor- nineties and since, was a prolific writ- that it is an emergency so, therefore, er. He wrote articles about democracy, we can say: Time out. But those who rowing $18.2 billion from our children articles about teaching democracy, ar- voted to override it fail to recognize and then paying interest on that—and, ticles about building democracy. He the other major emergency that is hap- by the way, the interest on that $18.2 was so important to this country. He pening in our country. We have $12.8 billion that will go on in perpetuity, was one of the youngest leaders who trillion worth of debt as of today. We because we are not retiring any debt, is was killed on this terrible, tragic are going to add another $1.4 to $1.5 about $900 million, almost $1 billion a flight. trillion this year, this calendar year; year. Why would we borrow money He had a terrific future. He was the that the increase in the cost of that when we have money sitting there that Secretary of State and the Minister of debt over the last 12 months will re- is not being utilized effectively and pay Culture and National Heritage. We will quire an additional, next year, $125 bil- almost $900 million every year? Why all miss him. Tomasz, as his nickname lion worth of expenditures. would we borrow again next year an was—Tomek is his real name. Tomasz There has to come a point in time extra billion to pay for the money we is like Thomas and Tommy. Tomasz when we grow to the responsibility are going to borrow to fund this pro- was a devoted husband, the father of that has been given to us; that is, make gram? Let me give an example of where this three daughters. hard choices. It is very easy to pass an money lies. In our own accounts to run I last saw him several years ago in unemployment insurance bill by charg- the legislature, we have $1.450 billion Kiev. I so appreciate what he did. As I ing it to our children. The majority sitting there. In other words, it has not will say now in Polish: I offer my deep leader has graciously agreed to give me been promised to do anything. It is sit- condolences to the people of Poland for an opportunity to offer three different ting there. It was sitting at $1.876 bil- this tragic loss. ways to pay for that. I am going to put lion at the end of last fiscal year. It is Tomasz and some of his friends those out today. One amendment now, taught me some Polish. I must admit I projected to be $1.481 billion next year. which we will vote on, another amend- We are keeping that money in the bank read it, but the pronunciation he ment later, and then a third amend- helped me with—he and Alicija and and not using it. ment later. The Department of Agriculture has others in Poland. I am so sad about his Most of the ideas for cutting spend- loss. I am so sad for his country. I am $20 billion and is estimated in 2011 to ing, quite frankly, have come from my have still $12 billion sitting in an ac- so sad for his wife and his three beau- colleagues on the other side, and many tiful daughters. I know that country count that we are paying interest on of them you have already voted for. So will mourn his loss as it mourns the that is not being utilized, not obligated it is going to be an interesting exercise loss of so many other Polish patriots. for anything at the time, unobligated. I yield the floor and I suggest the ab- today. The majority leader also spoke What all these figures show when you sence of a quorum. to me before lunch saying it did not total them up is that we are sending The ACTING PRESIDENT pro tem- matter because I was going to lose any- money so fast to agencies, they can’t pore. The clerk will call the roll. way. spend it. In other words, we are throw- The bill clerk proceeded to call the That sends a signal. The leadership of ing money at the agencies far faster roll. our Senate today says: We do not have than they can spend it, and it would be Mr. COBURN. Mr. President, I ask to pay for things. wise and prudent of us to send less unanimous consent that the order for Prior to leaving here, we agreed on a money—still with the same rules, still the quorum call be rescinded. compromise of tax loophole closures with the same instruction, to utilize The ACTING PRESIDENT pro tem- that would have paid for this for a pe- their money better. pore. Without objection, it is so or- riod of 30 days. The bill we voted on The chairman of the House Appro- dered. back then was for 30 days. We have now priations Committee, Congressman

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2276 CONGRESSIONAL RECORD — SENATE April 14, 2010 OBEY, has already agreed to do that on lot, but if you keep doing that every 60 Let’s talk about that for a minute. the summer jobs program in certain ac- days, in a year you have done over $120 Just through competitive bidding, if we counts. billion that you will add to the debt. had mandatory competitive bidding in The idea behind this amendment is to Our kids will get to pay it back, but the Federal Government—in other take some of the $1 trillion that is sit- they will get to pay it back on com- words, we will not buy things that are ting in accounts that is not obligated— pounded interest. not competitively bid—we would save in other words, it will not be utilized The interesting thing is what the $62 billion a year. But we have sweet- this year; it won’t be utilized for at OMB and CBO agree to. Actually, CBO heart deals out the kazoo. We have ear- least 2 years—and utilize that rather came out with the latest numbers. We marks that have noncompetitive bid- than charge our children. are going to borrow $9.8 trillion if we ding. We have contracts that the gov- I have used Madeline’s picture a lot, don’t change things over the next 9 ernment does without competitive bid- but I don’t think you can overutilize years, and fully 50 percent of that will ding. We could save $62 billion a year this picture. This little girl was caught be borrowed money to pay interest on by instituting competitive bidding. on the street outside of Washington the money we have already borrowed. Here are examples. It was recently protesting. Obviously, her parents put Should we not do what is right for the reported that the Defense Department her up to it. At the time she was wear- unemployed but also what is right for rewards no-bid work to small contracts ing a sign that says: I am already the Madelines of this world in terms of for repairs at military bases costing $38,375 in debt and I only own a doll- protecting their future? taxpayers $148 million more than they house. At the end of this fiscal year, I call up amendment No. 3723 and ask were competed for. This is in 1 year on she will be $45,000 more in debt, and she for its consideration. repair contracts. That is just on the re- will still only own a dollhouse. Why The ACTING PRESIDENT pro tem- pair of small items on military bases. would we want to do that? pore. The clerk will report. We could save $148 million a year. Fed- This bill adds $500 for every man, The bill clerk read as follows: eral funds were spent by the State of woman, and child in this country. Why The Senator from Oklahoma [Mr. COBURN] Wisconsin, $47.5 million, on two Span- wouldn’t we want to not charge it to proposes an amendment No. 3723. ish-made passenger trains, no competi- them and utilize what we have in ex- Mr. COBURN. I ask unanimous con- tive bid. The Legal Services Corpora- cess now, the inefficient use of the cash sent that reading of the amendment be tion, 37 out of 38 consultant contracts balances we have, to pay for something dispensed with. had not been competitively bid. The we all agree we want to pay for but the The ACTING PRESIDENT pro tem- Department of Interior inspector gen- disagreement is over whether we pore. Without objection, it is so or- eral issued a report on sole-source con- should steal it from our children or ac- dered. tracting within the Department of In- tually make hard choices? These are The amendment is as follows: terior total savings; $44.5 million, had not even hard choices. These are easy (Purpose: To pay for the full cost of extend- they used competitive bidding. choices. We were told, when we came to ing additional unemployment insurance If we go through all of the agencies, an agreement prior to the April recess, and other Federal programs by rescinding what we come up with is a potential that the reason this wasn’t acceptable unspent federal funds not obligated for any savings of billions and billions of dol- in the House is they didn’t want to set purpose) lars; as a matter of fact, enough to ex- the precedent of starting to pay for At the end of the amendment, insert the tend this same bill for 7 months, if we things when we are spending money. I following: use competitive bidding. But that will would put forth that the American peo- SEC. ll. RESCISSION OF UNSPENT AND UNCOM- not be considered important. It is ple are ready for us to start doing that. MITTED FEDERAL FUNDS. going to be too important to do that so They are ready for us to start making (a) IN GENERAL.—Notwithstanding any we will borrow the money from our tough choices. They think we need to other provision of law, of all available unobligated Federal funds, the greater of children. make tough choices. $20,000,000,000 and the amount determined Let’s look at ourselves. In 2010, the Out of every dollar we spend, we are necessary under the Statutory Pay-As-You- legislative branch received $4.7 billion borrowing 43 cents against the future. Go Act of 2010 (Public Law 111–139; 124 Stat. in discretionary funding, a 6-percent That is what happened last year. It will 8) to offset the budgetary effect of this Act, increase over last year. Do we know of actually be probably higher this year. excluding this section, in appropriated dis- any other people who got those kinds Maybe not. But somewhere about 43 cretionary unexpired funds are rescinded. of increases who work in small busi- cents out of every dollar the Federal (b) IMPLEMENTATION.—Not later than 60 ness or private enterprise in a down Government spends is borrowed. Is days after the date of enactment of this Act, economy? Last year and this year the Director of the Office of Management there a time that we should stop and and Budget shall— alone, every day without this bill we pause and say: Maybe a review is in (1) identify the accounts and amounts re- are adding $4.3 billion to our debt a order of our priorities, looking at the scinded to implement subsection (a); and day. Is that an emergency? I think that priorities of the Federal Government? I (2) submit a report to the Secretary of the is the real emergency, that we are ab- know that builds a lot of resistance in Treasury and Congress of the accounts and solutely stealing opportunity from our this body. But what I would like some- amounts identified under paragraph (1) for children and grandchildren. body to tell me is, when is that time? rescission. When Members of the Senate or the Is it when the Chinese won’t buy our Mr. COBURN. Here is a fairly pain- House don’t utilize all their funds—and bonds anymore? Do we wait for the less way—just more efficient manage- I average turning back about $600,000 a firestorm to come where we are at crit- ment of the money we have—of paying year—that money does not go back to ical mass and then the choices are lim- for this needed program without charg- the Treasury. It is consumed in other ited and few? Or do we start making ing it to the children. We don’t have to areas of the legislative branch. There is the proper decisions now and live up to go to the bond market to borrow more. a disincentive for Members to be effi- the authority and responsibility given We don’t have to incur an additional cient with the dollars they are allotted to us? $900 million a year of debt, a tremen- as they represent their individual There is a saying that the easiest dous benefit to those who follow us. States. We ought to change that. There thing in the world is to spend some- The question is, when will we decide to ought to be an incentive to be efficient. body else’s money. I also think it is the start being responsible? We ought to change it to where what- most addictive thing in the world. We I am going to be offering two other ever we turn back goes to retire the can see that. It doesn’t matter whether amendments, if this one is not agreed debt, not goes back to spend on some- it is Republicans in charge or Demo- to, that will give specific choices. Wait thing that is not a priority. crats. We have not seen the kind of be- to hear the howling. In other words, If you look at the Department of Ag- havior in Congress that will get our nothing is less important than unem- riculture, for which one of my amend- Congress out of the financial problems ployment insurance. Said the other ments will have some recommended we face. way, everything is more important. In eliminations, there are hundreds of In terms of an almost $4 trillion other words, we can’t cut anything to millions of dollars that are wasted budget, $18 billion doesn’t seem like a pay for unemployment insurance. every year. But when we offer an

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2277 amendment that is going to have a pro- Mr. President, 10 to 15 percent of ev- charging the extra funding to our gram that both the Bush administra- erything that is spent in the Pentagon grandkids. So we are going to go tion and the Obama administration is wasted. Why wouldn’t we go after through at least three cycles of votes have recommended be removed, we are that? Because somebody will accuse us on every bill that comes to the floor going to have people say: Oh, no, you of not supporting our troops? Well, that is not paid for, that will add to the can’t do that because maybe 1,000 peo- what are our troops fighting for? They debt. I am not going to serve my last ple or 1,500 people want that gravy are fighting for the future of their kids year in the Senate and say I did not do train, when we have 10 million people and our country. Yet we refuse to look everything I could to try to put us unemployed. So we are going to keep where the payments can be made in a back on track. So when we vote that the gravy train for the small numbers way that is more efficient in the elimi- this is an emergency and we do not and borrow the money from our chil- nation of waste and fraud, with the in- have to pay for it, we are not hurting dren and grandchildren to take care of stitution of competitive bidding so we us. You are not hurting TOM COBURN. unemployment benefits. are not borrowing $18.2 billion against You are hurting the generations that In 2009, the Department of Agri- our kids and grandkids. Why do we follow us. culture made errors in payments and refuse to do that? Is it too hard? Do we It would be different if we had an effi- overpaid by $4.2 billion in that year love our jobs so much that we love our cient, effective, well-run Federal Gov- alone. Think about that. That is just jobs more than our children and our ernment that was within the bounds of the Department of Agriculture. Should grandchildren? I do not think that is what the Constitution said we were we not eliminate that to pay for unem- the case. I think the case is that we are supposed to be doing. But we are not ployment insurance or should we bor- focusing on the wrong emergency. anywhere close to that. There is so row from our children? Which is it we The emergency in front of us is that much fraud, so much waste, so many should do? Should we make the hard in 2020 we are going to have a debt-to- well-connected goodies going to the choice and force the Department of Ag- GDP ratio of 90 to 100 percent. Every well-endowed and well-heeled in this riculture to clean up its act or should economist in the world will agree that country because they have a connec- we borrow the money from our kids? It will suppress our potential growth by tion politically, and we need to clean it is a lot easier to just borrow it from out. our kids. Then we do not have to work. at least 2 percent a year. So we will go Everything ought to be competi- Oh, by the way, we do not get any of in a downward spiral. When you have tively bid. There is no reason for it not the complaints from the administra- that kind of a debt-to-GDP ratio, what to be competitively bid. To pass up tion that: You are making our job too happens is the debt service—the money that $65 billion a year because we do hard—let alone the fact that they are that pays the interest—is not available not efficient and oftentimes not effec- to invest in capital and equipment to not do it—there is another thing we do. tive. grow jobs, to improve efficiencies, to We spend $8 billion a year maintaining In 2008, the Agriculture Department expand our Nation’s economic base. We properties the Federal Government had 7,000 different employees attend are adding to that problem by being ir- does not want. Think about that. For 3 conferences around this country. There responsible in terms of paying for an years, I have tried to get through real was $22 million of expenditures in 2005 $18.2 billion program. property reform and cannot get it alone. The USDA is ranked among the Over the past 4 years, I have identi- through. We either need to tear these four worst Federal agencies in paying fied in the Federal Government waste, structures down so we quit spending its travel credit bills on time. As a fraud, abuse, and duplication in excess money on them or sell them, but we matter of fact, they get charged inter- of $350 billion a year. When I bring should not continue to spend $8 billion est because they cannot even pay their those amendments to the floor, they a year on buildings and properties we bills on time. Ten percent of their trav- get voted down—not because they dis- do not need. We have not done a thing el cards are in delinquent status. They agree with them but because we do not to solve that problem in the last 3 have embezzlement cases on their cred- have the political will to make the years. it cards. But have we done the work to hard choices. I have a book full of further exam- clean that up? No. Have we gone after The Congress, in a historic move, ples. Just think about this: We want the $4.5 billion in overpayments? No. passed the health care bill that is going people to go into math, engineering, Mr. President, $4.5 billion a year for 10 to continue to allow $150 billion of science, and technology. Everybody years is $45 billion. Just cleaning up fraud a year to come out of Medicare agrees with that. We know if we can one aspect of improper payments at and Medicaid. We did not do anything get our younger students going into only the Department of Agriculture to fix it. There are no significant those areas, that is where they are will pay for this bill for 4 months. But changes in the health care bill that going to have their greatest benefits of we will not do the hard work. We do will address a source of $150 billion in having a wonderful living in utilizing the easy work. And the easy work is to losses. Why? Because it is too hard? those skills. put the credit card into the machine Kids are not important? The Federal Government has 105 dif- and not think about how that is going We are at a turning point in our ferent programs through six different to steal opportunity and potential from country like we have never been before. agencies to incentivize math, engineer- those who follow us. We have never been walking into a fi- ing, science, and technology. The ad- The Department of Defense—every- nancial situation that will totally ministrative cost for 105 different pro- body says: Well, you can’t go after the limit our ability to get out of a situa- grams is ridiculous, and not 1 of them Department of Defense. My question is, tion. We can come out of this reces- has a metric on it of whether it is Why not? It is the only Federal Gov- sion. But if we do not change the tra- working. So every time somebody ernment agency that cannot even come jectory of the way we spend money and raises the issue, some Senator comes close to an audit anywhere. We cannot put the government back within the and creates another new program, and even audit their books they are in such limited role the Constitution says it is we pass it, and we never look at what a mess. But what we do know is we can to have, then the future will not only we are doing already. We do not elimi- save at least $36.5 billion from the De- be economically not bright but not nate things that are not effective. We partment of Defense by putting in com- bright from a standpoint of liberty. do not put metrics on it to say we are petitive bidding, by making cogent I have told my colleagues—and we going to look at this every year, and if management changes that every small are going to have this on every bill it is not working we are going to get business in this country runs on in the that comes before the Senate—it does rid of it or we are going to fix it, and practices that are there. But it has not not matter if it is a supplemental we are not going to create another pro- been changed. We have not insisted it spending bill for the war, we ought to gram. Yet we have 105 different pro- be changed. We have not limited fund- be paying for it. Rather than borrowing grams. ing in areas that are noncritical to our it from our kids, we ought to be paying In the month of December, my staff troops to force the Department of De- for it. We ought to be making the hard found 640 separate instances just like fense to come up and save this $36.5 bil- choices about what is not as important that where we have duplication of pro- lion. as supporting our troops rather than grams across government agencies. In

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2278 CONGRESSIONAL RECORD — SENATE April 14, 2010 the last debt limit extension, we passed short-term extensions and incremental and, therefore, he had to oppose it. Mr. one of my amendments that said the stimulus bills to deal with a failure as Becker is in his seventies and he was GAO must report to us a government- this Congress decides what we are just sharing his experience. He had an- wide assessment of all the duplications going to do about unemployment insur- other person participate with him in in all the programs because Congress ance and physicians’ pay and things of the research that led them to that rec- does not know it. We do not know what that matter that are in the bill. ommendation. Was Mr. Becker proven is out there. So we see another prob- I believe this is an important discus- right or not? lem. It does not matter that we may sion, I do, and I am worried about The great tragedy—the biggest trag- have 105 programs working on it; we go where we are. This legislation before us edy with the stimulus package—was create another one. That is called in- would add another $18.1 billion to the what little stimulus we got. If you competence. It is also called laziness. national debt. Just like that, another spend $800 billion, it is breathtaking Just inside the Department of Edu- $18 billion. Oddly, that is almost the how much that can be done with it. cation are 230 duplicative programs and same amount of money that was The Alabama general fund budget for $10 billion in waste, fraud, and mis- tacked on to the Defense bill last year, the entire State, including State gov- management—230. Why? Because we and I produced a chart about it and ernment and State troopers and all of refuse to do the hard work of oversight. demonstrated what happens when we that is less than $2 billion. But $800 bil- So when we vote on this amendment, get into that mode of appropriating, lion? That is huge. So I am worried what we are going to be voting on is when we forget what our budget is and about what we are doing. whether we have the courage to start we treat everything as an emergency At the time the legislation passed— making choices. If you vote to defeat and just ignore our budget and spend. this stimulus package that added so this amendment, what you are saying The truth is, this cannot continue. much to our debt—the Congressional is you lack the courage to do the hard Every witness we have had before the Budget Office, whose Director is hired work to pay for something out of waste Budget Committee—every one—two- by our Democratic majority, had good today and mismanagement of Federal thirds of which are usually called by people working in that office. They try funds and you think the Madelines of our Democratic leader, and usually to do a good job. They have some this world ought to pay for that lack of about one-third are Republican wit- economists who I think have been suc- integrity and lack of hard work. And nesses—have all said our spending and cessful in years past at predicting there is not another reason for it. our debt is at an unsustainable rate. things. They said: Yes, if you spend We are going to hear why you should They didn’t say that lightly. What they $800 billion in the next 2 to 3 years, you not vote for this. We are going to hear meant was it is unsustainable. We can- will have an economic benefit during why it is going to be hard if we take not continue to spend like this and to that period, there is no doubt. They $18.2 billion out of the management ac- borrow this amount of money on top of didn’t predict a lot—not nearly as counts of all these agencies. It is just the $800 billion that is now being spent much as a lot of people said it would going to be, out of what is there, about that we appropriated last year—$800 do—but they predicted some benefit. 3 percent of the cash that is sitting billion. Every penny of that $800 billion But do you know what they said? They idle—about 3 percent of what will be is borrowed because we don’t have the said over 10 years that this economic idle in 2011. What is idle this year, it money. We are already in debt to fund spending, this borrowing to spend, will be less than 3 percent; it will be another $800 billion in stimulus, and we would actually weaken the economy about 2.5 percent. Yet we are going to will have to, of course, borrow that. and the total growth over 10 years vote it down. We are going to vote it I think a lot of people haven’t under- would be less than if we did not pass down because we care more about mak- stood that. People tell me, when I am the stimulus package at all. It does ap- ing a political point than doing the in my State, that they are shocked, pear if they were in error, their error hard work of getting our country back stunned, and worried about our spend- was that we did not get as much on track. ing. They know we are spending too growth as they predicted in the short We do not have forever to get our much, but I don’t think they know how run. But when you spend $800 billion, country back on track. If we get to 90 much we actually are spending and surely you are going to get some ben- to 100 percent of our GDP, the job of how much we are adding to our debt efit—some, economically. But we have making these decisions becomes 3 and 4 and that it can threaten the future via- not gotten what we need. It was not and 5 and 6 and 7 times more difficult bility of the American economy for a crafted in that way. because we will have less growth. We short-term benefit. It was a bill that said it was going to have a precarious economy right now. I will just remind my colleagues that fix crumbling infrastructure, and what It is coming out of a recession. We the history of stimulating an economy happened? We spent less than 4 percent want that growth to boom. We want with borrowed money has not been too of this money on bridges and roads. We those jobs to be created. When we bor- good. If it was, Japan would have a spent it mostly on social spending, we row more money, we are putting a booming economy today. They have spent it on State aid, we spent it on a brake on that. been trying this year after year and it lot of different things. But at least So if we can utilize the money we al- has not worked for them. when you build a road you have a high- ready have, we get the stimulatory ef- We were told we would have an un- way that is there and it will be there fect of getting people unemployment employment rate that would stop at 8 for another 50 or 100 years, making the insurance that buys the necessities of percent if we would just pass this $800 Nation more productive and efficient. life, but we are not adding to the debt, billion and borrow the money and But this other kind of spending has which depresses the economy. spend it today to stimulate the econ- I will close for right now on this produced so little for us. I express my omy. It sounds so good. It sounds so amendment. I will ask for the yeas and concern about that. tempting. But I didn’t believe it was an All of this is where we are. The point nays at a time that is agreeable to the appropriate allocation of that much is simply this. The spending track we majority leader. I note the absence of a quorum. money, No. 1; and No. 2, that the are on is unsustainable because in 2008 The ACTING PRESIDENT pro tem- money we were being asked to spend our total public debt was $5.8 trillion. pore. The clerk will call the roll. was going to be spent in ways that It is more than that if you consider the The assistant editor of the Daily Di- would stimulate the economy and cre- gross debt, the internal debt, but this gest proceeded to call the roll. ate jobs. is what is held by private investors Mr. SESSIONS. Mr. President, I ask I cited here before the vote an op-ed from around the world and in the unanimous consent that the order for in the Wall Street Journal by Gary United States—$5.8 trillion. By 2013 it the quorum call be rescinded. Becker, the Nobel Prize winner from will double to $l1.8 trillion; by 2019 it The PRESIDING OFFICER (Mr. the University of Chicago. Mr. Becker will be $17.3 trillion, and there is no MERKLEY). Without objection, it is so said that, in his opinion, the bill fell plan to pay it down. But in 2019, 2020, ordered. far short of being the kind of stimula- we are talking about deficits of almost Mr. SESSIONS. Mr. President, we tive spending that would create jobs another $1 trillion a year. So we are seem to be muddling along here with and help this economy bounce back not even close to moving to a balanced

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2279 budget, much less paying down this billion-a-year gimmick, manipulation, ents in Louisiana get it. They say of debt. violation of the budget. course you need to extend necessary Where does the money come from? As What I want to say is this bill before programs and of course you cannot run I said, we borrow that. This chart us today violates the budget. It is for up the deficit to do it every 2 months. shows what the borrowing costs are. unemployment compensation, it is for Mr. President, $18 billion—the distin- When you borrow money, people pay other things that are not emergencies. guished Senator from Alabama has interest, you pay them interest on the They are part of our governmental op- used the figure over and over, and he is money they give you. They loan you eration that needs to be paid for. Luck- right, $18 billion, but it is $18 billion money, you pay them rent on the ily, we have some money to pay for it. for 2 months of extension. So we are money. They do not give you money We have it in an unspent stimulus supposed to come back every 2 months for no good reason. package. We have some opportunities and put another $18 billion on our kids’ In 2009 we paid $187 billion in interest that our Democratic colleagues have and grandkids’ tab? It is $108 billion that 1 year. Remember, Alabama’s gen- said they could take money from in the over a year of increasing deficit and eral fund budget is $2 billion; the Fed- past. If we put all those together we debt that is already at historic levels. eral highway bill a year or so ago was could pay for this, fund this bill with- That is crazy. $40 billion. We spent $187 billion, al- out having to borrow it all. We can do better. We can meet both most five times the highway bill. But I am at a point where I am not in- of those commonsense objectives of the look what happens in 2020 after we clined to go along with this anymore. I American people. We can extend nec- spent all this money and run up our think the American people are of the essary programs and we can do it in a debt—$840 billion in interest payments same mind. What we have to do is we way that does not add to deficit and in 1 year. That exceeds the Defense have to lead and we have to be respon- debt. We have several ways to do that. bill, it exceeds any other bill in our sible like our Governors. They are hav- We have a menu of proposals. We will budget. It is a stunning number. These ing to face challenges. Our mayors are have votes a little later on about doing are Congressional Budget Office num- having to face challenges. They are that. In fact, before the recess we had bers based on the President’s budget. making tough decisions. But not us. discussions on the floor of the Senate Surely something will intervene. We We spend more, not less. We are spend- and we had come to agreement here in will elect somebody, somewhere—in ing more. I believe we have done the Senate about an extension without this Senate, probably—who is going to enough. We have gone beyond what is increasing the deficit and debt. Unfor- say no to this because the American logical and reasonable. We are in the tunately it was rejected by the Speaker people are getting hot about it. Some realm of reckless and dangerous and it of the House. So it is not as though people are going to be wondering why is time for us to begin having a na- this goal of achieving both of those im- they are no longer here, if they keep up tional discussion in this country and in portant objectives is impossible. It is with this kind of stuff. this Congress about how much we can absolutely possible and many different They say don’t worry about this, it is borrow to spend today to make our life Members have laid out how to get just $18 billion, and after the $800 bil- better today and then shift that debt to there. lion, $18 billion may look small. But let the future. Let’s follow the common sense of the me show you what I demonstrated pre- The reason CBO said that the $800 American people. Let’s follow the com- viously with $18 billion when you billion would not advance the economy mon sense of folks all across Louisiana cheat, or you add it and bust the budg- over 10 years, it actually would hurt who say of course you need to extend et by one $18 billion expenditure. the economy over 10 years, is that you necessary programs and of course you In 2010 we slipped another $18 billion crowd out investment. If the govern- cannot add to the deficit and debt on the Defense appropriations bill, and ment borrows $800 billion, it is not every month, every 2 months that you added it to the debt. People said don’t available for private people who need need to do this, $18 billion a pop, $108 worry, it is just $18 billion. But it goes to go out and borrow money. It has al- billion. That is a good part of $1 tril- into the baseline. It goes into your ready been loaned to the government. lion over 1 year. basic funding of the government. So It crowds out, the economists said, pri- I want to focus on a particular part what happens next year when you say vate borrowing. of this package that is particularly OK, we are not going to spend this $18 Also, we have an interest on it that galling, quite frankly, for someone billion. They say: You are cutting we have to carry and pay every year such as me from Louisiana. A tiny part spending. We cannot do that. You can’t that is a burden on every generation. of this overall bill is extending the Na- cut spending. Besides, we need an in- Every young person after us will carry tional Flood Insurance Program. crease in spending—inflation was 2 per- that interest burden. It hurts them and Again, I hope everyone agrees we need cent. We need at least 2 percent. makes them less able to prosper and to to extend the National Flood Insurance The State Department got a 30-per- have economic growth. So it is a moral Program. I certainly agree with that. I cent increase in funding this past year. question: How much can we afford to have certainly fought for that. It is The Environmental Protection Agency benefit ourselves this very day and about 1 percent of this bill. got a 30-percent increase in funding. shift it to our children and to what ex- Do you know what percent it is of the Look at that. What if you do it an- tent do we need to be responsible? I debt increase, the deficit increase? It is other year? You come up with another think it is time to get responsible, so zero percent of that because that ex- $18 billion. You got around the budget, reluctantly I feel an obligation to vote tension does not even increase the def- you declared it an emergency event no to this legislation. icit or debt in any way. So it should and you spent another $18 billion. It is I yield the floor. not be held up by this debate in any not just $18 billion because you have The PRESIDING OFFICER. The Sen- way, shape, or form—a necessary pro- $18 billion in the first baseline, you add ator from Louisiana. gram, 1 percent of the bill in terms of another to it and that year it has cost Mr. VITTER. Mr. President, I stand dollar figures, zero deficit and debt in- the taxpayers $36 billion. Let’s say the in strong support of the comments of crease, zero impact on that central next year, 2013, now you are adding $18 my distinguished colleague from Ala- issue. Why can’t we at least come to- billion to $36 billion and it is $54 billion bama. Of course I agree with virtually gether and extend that necessary pro- in your baseline. You have another every single Member of the Senate that gram immediately and not have that budget gimmick to add $18 billion and these programs need to be extended. held up at all? It never should have you end up with $72 billion that year. But I also agree with many Members been held up before the recess. It This is how we get out of control. here, and the huge majority of the should not be held up now. There is a And you end up, that $18 billion, when American people, that we need to pay simple way to fix that and the simple it goes into the baseline and we do not for it. We cannot keep running up the way is to take that portion of the bill understand how it occurred, increases deficit as though it had no consequence out; to extend it immediately. I do not our spending to a degree that we to us and our economy and our chil- think there is any opposition to the should not do. So that ends up, if you dren and grandchildren. The American underlying extension of the program. It add it up, to $990 billion from an $18- people get it. Certainly my constitu- has zero impact on the deficit and debt

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2280 CONGRESSIONAL RECORD — SENATE April 14, 2010 so there is no reason for it to be caught Mr. BAUCUS. Mr. President, the Sen- and Budget a blank check. It would up in this other debate. ator from Louisiana supports part of give him the power to cut whatever un- With that in mind, I ask unanimous the bill. I would just ask the Senator obligated balances he should choose. consent that the Senate proceed to the to broaden his mind to support all of This is truly a sweeping grant of immediate consideration of S. 3203. the bill. That way, we can get this power, and it is truly a dramatic sur- That is a bill I have introduced that ex- done. render of that power. tends the National Flood Insurance Mr. VITTER. Sort of like the ‘‘Lou- The Senator from Oklahoma talked Program for the same amount of time isiana purchase’’ with health care re- about budget deficits. He and I agree. as this underlying bill but does it sepa- form. Let’s put one sweetener in the We do, as a nation, need to address the rately. I ask that the bill be read a bill to pass something really bad—a budget deficits. As a rhetorical ques- third time and passed, and the motion $108 billion debt increase over a year. tion, he asked: When is the time to to reconsider be laid upon the table. Let’s take one hostage, including folks make the changes to balance the budg- The PRESIDING OFFICER (Mr. who are held hostage who need this in- et? The Senator asked the question as FRANKEN.) Is there objection? surance, to pass a debt increase that if the answer were self-evident, but the Mr. BAUCUS. Mr. President, reserv- big because otherwise that is a stinker. answer is not self-evident. ing the right to object, I might note I get it. I have seen that deal played A wise person once said: For every that the Senator seeks to take up and out over and over, including with the difficult question, there is usually a pass one of the specific provisions in ‘‘Louisiana purchase’’ for health care very simple answer and it is usually the underlying bill, section 7 in the un- reform. I am not taking that offer, no not true. This is an example of that derlying bill. Since the Senator seems offense. I hope the Senator will recon- maxim at work. to be endorsing a part of the under- sider my very reasonable proposal. The simple answer in this case would I yield the floor. lying bill, and the pending Baucus be to require the government to bal- Mr. BAUCUS. Mr. President, there amendment, I might ask the Senator ance the budget every year, year-in and are a number of reasons to oppose the to amend his request to provide for the year-out. That is pretty simple. That amendment offered by the Senator passage of all of the underlying bill and answer, even though it sounds nice, from Oklahoma. First, it would reverse pending Baucus amendment. would be wrong. The Nation should bal- the considered judgment of the Con- Mr. VITTER. I will be happy to do ance the budget over the course of a gress as expressed through the annual that in a version that is paid for, incor- business cycle. We should spend in a re- appropriations process. Congress has porating the very sensible, common- cession and exercise more discipline spoken on appropriations that are au- sense objections that have been offered when the country is very prosperous to thorized and obligated, and his amend- to pay for all of this extension. So I get the budget under control. would be happy to amend my request ment defers that considered judgment. But the Nation should not attempt to in that manner if the Senator would I will defer, frankly, to the chairman of balance the budget in the grips of a re- agree to it. the Appropriations Committee to ad- cession. Why is that? That is because Mr. BAUCUS. So the Senator is not dress these concerns in greater detail in a recession, business slows down. willing to amend his request for pas- when he arrives on the floor. People actually pay less tax revenue to sage of all of the underlying bill con- Second, the House of Representatives the government. In a recession, spend- taining the section 7? has made it clear that it views unem- Mr. VITTER. Not if it increases the ployment insurance and the other pro- ing on automatic stabilizer programs deficit and debt $108 billion a year. No, visions in this bill as emergency provi- automatically increases, like unem- sir, I am not. And the American people sions. The House has made clear that it ployment benefits, food stamps, and are not. And the American people are would send the bill back to us again if many others. That is what should hap- getting fed up with it. we adopted the amendment by the Sen- pen during a recession. To do otherwise Mr. BAUCUS. Mr. President, I am ator from Oklahoma. That is clear. I would be economically disastrous. constrained to object. have had conversations with the House. To try to balance the budget in the The PRESIDING OFFICER. Objec- It is clear that it would be sent back, grips of a recession would mean raising tion is heard. and that would needlessly delay much taxes or cutting spending even more Mr. VITTER. Reclaiming my time, needed aid to the people receiving un- than is automatically occurring. That the suggestion was pretty simple. employment insurance benefits. Let’s would reduce the amount of demand in There is the one element of this bill not forget that there are so many peo- the economy, and that would further which is a necessary program for all of ple—200,000 people, in fact—who are not slow economic growth and put even the United States, particularly for receiving benefits because we let the more people out of work. So most rep- flood-prone areas. It is 1 percent of the legislation expire. It has expired. So utable economists would say you overall bill, but it is zero percent of the 200,000 people today who are entitled to should not try to balance the budget in deficit and debt increase. It has no im- unemployment insurance payments are a recession. There is pretty broad pact on deficit and debt. So the sugges- not getting them, and if we send the agreement on that point among rep- tion was pretty simple: Why don’t we bill back to the House again, that is utable economists. take that out? Why have that stalled further delay. It will not be long before So that is why it does not make sense because of this broader debate? Let’s that number of 200,000 is going to dou- to try to balance the budget this year. take that out and pass it. There should ble to 400,000. That is just playing Yes, we should balance the budget over be no objection to that. Everybody is games with the lives of unemployed the business cycle, but we should not for the program. It does not increase Americans. try to raise taxes and cut spending the deficit and debt. Unfortunately, Third, and perhaps most dramati- even more to balance the budget right there is objection from the Democratic cally, the amendment would delegate now. And that is why it does make chairman. powers to rescind $20 billion to the sense to spend money on unemploy- I hope we have given the chairman unelected Director of the Office of ment insurance benefits as an emer- and other Members of the majority the Management and Budget. This would gency matter. detailed proposal. It is, as the chair- be a breathtaking abdication of As the nonpartisan Congressional man said, taking section 7 out and Congress’s power of the purse. In the Budget Office has said, spending on un- passing it separately because it has no Federalist Papers, the power of the employment insurance benefits is one deficit and debt impact. I would urge purse is described as the most singular of the most effective things Congress the chairman and others to look at power to protect the rights of the free can do to increase economic growth. It that and to hopefully agree to that be- people. We should not quickly sur- is one of the most effective things we cause—I heard the objection. I don’t render that power, and the Senator’s can do to save and create jobs. For understand the basis for the objection, amendment would surrender that every dollar we spend on unemploy- and I would be happy to hear the basis power to the tune of $20 billion. The ment insurance benefits, the Congres- for the objection because I just don’t Senator’s amendment would give the sional Budget Office says economic understand it. Director of the Office of Management growth is increased by up to $1.90; it is

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The impact of these cuts could ment. funding from certain critical programs, have significant consequences for That is the economic reason why it jeopardizing our national defense, and many critical services such as HUD makes sense to spend now on unem- our homeland security. programs providing affordable housing ployment insurance benefits and to I have mentioned this before, but to our Nation’s low-income citizens— balance the budget over a longer pe- need to mention it again because noth- we had a great debate on that here—or riod, but even more compelling is the ing has changed between January, funding for climate change research or human reason. The human reason is March and today. funding to purchase explosive detec- people such as the single dad in Mis- While we cannot say with certainty tion equipment for airports. soula, MT, who depends on the extra which programs are impacted by this This is a bad amendment with bad unemployment insurance benefits to amendment, here are some of the ex- consequences. It is time for us, the support his daughters and put food on pected impacts based on current discre- Members of the Senate, to act respon- the table. He called the Montana unem- tionary unobligated balances available. sibly. We have a well established proc- ployment office, and we learned that We require the Department of De- ess for funding the Federal Govern- this fellow said he honestly did not fense to budget up front for all the ment. It involves the Budget Com- know how he was going to make ends costs required to procure military mittee that sets our allocations. It in- meet without these benefits. The Sen- equipment such as ships or aircraft. volves the consideration and approval ate should not be playing games with But it takes several years to complete by the Senate of every appropriations the lives of people like this man and construction. bill. I can assure my colleagues in this his daughter in Missoula and all of the For shipbuilding specifically, funds Chamber that the Appropriations Com- other men and women around the coun- provided to the Department of Defense mittee takes this responsibility seri- try who desperately depend on unem- are available for obligation for 5 years. ously. Every agency budget is reviewed ployment payments to make ends Rescinding unobligated funds now and oversight provided throughout the meet. Congress should not balance the could require the Navy to cancel con- year. Each year the Appropriations budget on the backs of the unem- tracts for ships under construction and Committee recommends rescissions of ployed. layoff thousands of workers across our funds that are not needed, but those re- Last of all, we must reject amend- Nation’s shipyards. scissions are based on detailed over- ments like these. That is why we In terms of our veterans who have re- sight and understanding of the pro- should pass the underlying bill. turned from war or have fought bravely grams, not indiscriminate action such I yield the floor. in past wars, this amendment could im- as this amendment. The PRESIDING OFFICER. The Sen- pact the construction of new hospitals ator from Hawaii is recognized. This amendment is not based on by the Veterans Administration. It careful review, would harm many Mr. INOUYE. Mr. President, this is takes a few years to build a hospital. the third time we find ourselves debat- worthwhile programs, and fails to meet The Veterans Administration requests the test of proper oversight. ing the same rescission amendment full funding for a construction project that sounds like good policy on first Therefore, I urge my colleagues to in the first year. As a result, the VA oppose the amendment. blush but in fact is not. has 43 active major construction Members need to understand that I suggest the absence of a quorum. projects at various stages of comple- this amendment is irresponsible gov- The PRESIDING OFFICER. The tion totaling over $1.6 billion in unobli- erning, and causes harm to our na- clerk will call the roll. gated balances. This could be wiped tional and international security, and The assistant editor of the Daily Di- out. Over 49,000 construction jobs to our economy. gest proceeded to call the roll. Members on the other side of the would be terminated with the loss of Mr. COBURN. I ask unanimous con- aisle have frequently criticized the ma- that funding, further delaying critical sent that the order for the quorum call jority party for asking them to vote on services to our brave men and women be rescinded. measures that they have not had a who have served. We made a solemn The PRESIDING OFFICER. Without chance to thoroughly read or compromise to them. objection, it is so ordered. Rescinding unobligated balances in prehend. AMENDMENT NO. 3723, AS MODIFIED But that is certainly what Members the Department of Homeland Security Mr. COBURN. I send to the desk a are being asked to do today. could stop the construction of the modification of the pending amend- It is irresponsible to vote in support Coast Guard national security cutter ment. of this amendment that indiscrimi- and would rescind funding for the pur- The PRESIDING OFFICER. The Sen- nately cuts $20 billion from discre- chase of explosive detection systems. ator has the right to modify his amend- tionary projects and services given Rescinding unobligated balances in ment at this time. that we do not know what programs NOAA could create a minimum 6- The amendment is so modified. are impacted by such significant cuts. month gap in coverage for the geo- The amendment, as modified, is as On January 27 of this year I spoke at stationary weather satellite system follows: some length about an almost identical which focuses directly over the United At the end of the amendment, insert the amendment offered by the junior Sen- States and constantly and accurately following: ator from Oklahoma, and again on monitors storm conditions. Over 200 SEC. ll. RESCISSION OF UNSPENT AND UNCOM- March 3 about an almost identical employees would lose their jobs. MITTED FEDERAL FUNDS. amendment offered by the junior Sen- The Senator from Oklahoma argues (a) IN GENERAL.—Notwithstanding any ator from Kentucky. Today it is the that if funding is not spent imme- other provision of law, of all available unob- junior Senator from Oklahoma’s turn diately, then it is not necessary. This ligated Federal funds, the greater of $40,000,000,000 the amount determined nec- to offer the amendment again. reasoning is irresponsible when it comes to overseeing taxpayers’ dollars essary under the Statutory Pay-As-You-Go I would like to take just a few mo- Act of 2010 (Public Law 111–139; 124 Stat. 8) to ments to remind my colleagues of why and the capitalization of large projects offset the budgetary effect of this Act, ex- they voted against this amendment such as ships, hospitals, and satellites. cluding this section, in appropriated discre- twice already, and why I hope they will I am certain everyone in this Chamber tionary unexpired funds are rescinded. again choose to vote against this finan- knows that a ship is not built in a year. (b) IMPLEMENTATION.—Not later than 60 cially irresponsible and harmful I hope everyone knows that a hospital days after the date of enactment of this Act, amendment. is not built and equipped in a year. I the Director of the Office of Management The majority of unobligated balances hope everyone knows that satellites and Budget shall— (1) identify the accounts and amounts re- are not eligible for rescission under are not built and launched every year. scinded to implement subsection (a); and this amendment because they are, in In addition to the potential impact (2) submit a report to the Secretary of the fact, mandatory funds. on large procurements, this amend- Treasury and Congress of the accounts and Second, because of the small amount ment could impact the funding of pro- amounts identified under paragraph (1) for of unobligated funding eligible for re- grams the Congress voted on and rescission.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2282 CONGRESSIONAL RECORD — SENATE April 14, 2010 Mr. COBURN. Mr. President, I am and there is one Senator, because of why action was not taken. That would prepared for the vote anytime the the funeral of his best friend, who is probably be an interesting constitu- chairman of the Finance Committee is going to be getting here late, so we will tional issue. ready to proceed. keep the vote open until he returns In any event, the judge in this case is Mr. BAUCUS. Mr. President, I move from the funeral. Everyone knows that. very impatient and wants to see the to table the Coburn amendment and I have spoken to the Republican leader settlement approved by Congress. ask for the yeas and nays. and he is fine with that. The first Americans, Indians who are The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- owed this money and for whom the set- sufficient second? ator from Montana. tlement was acceptable and, the Inte- There appears to be a sufficient sec- Mr. BAUCUS. Mr. President, I ask rior Secretary, who has called me ond. unanimous consent that at 5:45 p.m. many times urging approval of the set- The question is on agreeing to the today the motion to proceed to the mo- tlement, are also very impatient. I motion. tion to reconsider the vote by which hope we will not miss a fourth deadline The clerk will call the roll. the Budget Act was not waived be established by the Federal court. The legislative clerk called the roll. agreed to, the motion to reconsider be Republicans and Democrats in this Cham- Mr. DURBIN. I announce that the agreed to, and the Senate then proceed ber and in the House of Representatives have Senator from West Virginia (Mr. to a vote on the Baucus motion to an obligation. Literally, money was stolen BYRD), the Senator from Vermont (Mr. waive all applicable Budget Act points from American Indians, from property they LEAHY), and the Senator from Rhode of order. owned and the income from that property that was supposed to go for their assistance Island (Mr. WHITEHOUSE) are nec- The PRESIDING OFFICER. Is there essarily absent. objection? and living conditions because it was owned Without objection, it is so ordered. by them, and in many cases these accounts The PRESIDING OFFICER. Are there were mismanaged, and in some cases the any other Senators in the Chamber de- Mr. BAUCUS. Mr. President, I sug- money was stolen. gest the absence of a quorum. siring to vote? This settlement, which will be paid The result was announced—yeas 51, The PRESIDING OFFICER. The clerk will call the roll. from the United States Judgement nays 46, as follows: Fund, is fair and is long overdue. It [Rollcall Vote No. 111 Leg.] The legislative clerk proceeded to call the roll. will settle a lawsuit that has lan- YEAS—51 Mr. DORGAN. Mr. President, I ask guished for about 14 years. I hope, in Akaka Franken Murray unanimous consent that the order for working with the House of Representa- Baucus Gillibrand Nelson (FL) tives, we will not miss another dead- Begich Hagan Pryor the quorum call be rescinded. Bennet Harkin Reed The PRESIDING OFFICER. Without line. Perhaps if we do, the judge will Bingaman Inouye Reid objection, it is so ordered. ask some Members of Congress to visit Boxer Johnson Rockefeller with him. We will see what happens as Brown (OH) Kaufman Sanders COBELL V. SALAZAR SETTLEMENT Burris Kerry Schumer Mr. DORGAN. Mr. President, while a result of that. Cantwell Kohl Shaheen we are waiting, I want to speak about Mr. President, on another matter, I Cardin Landrieu Specter two issues. First is something called ask unanimous consent to speak for 5 Carper Lautenberg Stabenow more minutes as in morning business. Casey Levin Tester the Cobell settlement, which perhaps Conrad Lieberman Udall (CO) many will not know about. It is the The PRESIDING OFFICER. Without Dodd McCaskill Udall (NM) settlement of a class action lawsuit objection, it is so ordered. Dorgan Menendez Warner BRIGADIER GENERAL MICHAEL J. WALSH Durbin Merkley Webb against the federal government for Feinstein Mikulski Wyden mismanaging the trust accounts of Mr. DORGAN. Mr. President, I would not criticize another Member of the NAYS—46 American Indians for well over a century. Senate on the floor of the Senate—cer- Alexander DeMint Lugar tainly not by name—unless I first had Barrasso Ensign McCain The trust accounts for American In- Bayh Enzi McConnell dians come from property that be- told the Senator I was intending to do Bennett Feingold Murkowski longed to the Indians that the federal so. I have done that, and I will shortly Bond Graham Nelson (NE) government holds in trust. The trust explain why. Brown (MA) Grassley Risch was managed by the U.S. Interior De- There is a man named GEN Michael Brownback Gregg Roberts Bunning Hatch Sessions partment and many accounts over a Walsh, a commander in the Corps of Burr Hutchison Shelby long period of time were mismanaged. Engineers. He is an extraordinary gen- Chambliss Inhofe Snowe Coburn Isakson Revenue from oil wells, from extrac- eral. He is a one-star general, a briga- Thune Cochran Johanns tion of minerals, and revenue from dier general, and he has been rec- Collins Klobuchar Vitter leasing lands for cattle never showed ommended for the rank of major gen- Voinovich Corker Kyl up in the accounts or mailboxes of the eral. That recommendation was made Cornyn LeMieux Wicker Crapo Lincoln Indians who owned the property. Many nearly 6 months ago. of these Indians and members of the Six months ago, the Armed Services NOT VOTING—3 class action have long since passed Committee, with the support of Sen- Byrd Leahy Whitehouse away, not having survived the 14 years ator LEVIN, the chairman, and Senator The motion was agreed to. of this lawsuit. The lawsuit has been JOHN MCCAIN, the ranking member, Mr. BAUCUS. Mr. President, I move ongoing for some 14 years now, and the unanimously approved the promotion to reconsider the vote, and I move to Federal court has become very impa- to major general for Michael Walsh. lay that motion on the table. tient while waiting for Congressional Six months ago that action was taken The PRESIDING OFFICER. Without approval. in the committee. There has been no objection, it is so ordered. At long last, the Interior Secretary, major general rank for General Walsh The motion to lay on the table was Secretary Salazar, negotiated an agree- because it has been held up on the Sen- agreed to. ment to settle the Cobell suit. Friday, ate floor, with what is called a hold, by Mr. REID. Mr. President, we are not April 16th, is the third date which the a Member of the Senate, Senator in a quorum call; is that right? court set for Congress to act on this VITTER from Louisiana. The PRESIDING OFFICER. That is settlement. We will miss this date just The fact is, this is an extraordinary correct. as we missed the first two dates. The general, a general who has been to war. Mr. REID. Mr. President, the Repub- court has just now indicated that it This is a general who went to Iraq to lican leader and I have discussed this will approve a fourth date by which the fight for this country. This general has vote that will take place at 5:45, if the Congress must act to approve this set- 30 years of distinguished service to unanimous consent request is granted, tlement of Indian claims. The judge America, a patriot. He doesn’t make and we are going to keep the vote open has also indicated that if Congress does the policy at the Corps of Engineers. for a while. There are a number of not act, he will invite some Members of This is a commander who executes the things people have to do this evening, the Congress to his court to talk about policy at the Corps of Engineers.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2283 My colleague, in letters to the Corps for me to release my current nomination bility study, including the National Environ- of Engineers, is upset with the Corps of hold. This list was also hand delivered to you mental Policy Act (NEPA) compliance docu- Engineers and is demanding they do and your staff in our meeting November 5, mentation, for Options 2 and 2a, if Congress certain things that the Corps in some 2009. appropriates funds for the study. When com- Issues for Resolution: pleted we would transmit the study to the cases cannot and in other cases will OUTFALL CANALS/PUMP TO THE RIVER Office of Management and Budget for consid- not do because it is unwise. Some of eration of submission to Congress for appro- Request: Corps provide a formal commit- the demands have been met where the priate action. This study would provide the ment to complete a comprehensive risk anal- information necessary to allow the Congress Corps believed it was appropriate, al- ysis associated with the three options laid to make an informed decision on authoriza- though it has not been funded yet be- out in the Corps pumping station report tion of Option 2 or 2a. As we discussed, we es- cause that has to be done by the Appro- within 18 months, suspend any activity un- timate that it will cost $15.6 million and priations Committee. The Corps cannot less the activity is consistent with options 2 take approximately 36 months to complete and 2a described in the Corps report, and meet other demands. I opposed one of this study (including NEPA compliance). the significant ones brought to the Ap- conduct a feasibility level of analysis (in- ISSUE 2: OUACHITA RIVER LEVEES propriations Committee, and upon my cluding a cost estimate) for the project. REQUEST: Corps performs bank stabiliza- OUACHITA LEVEES opposition, the full Appropriations tion or levee setbacks as needed to stabilize Committee voted against it. So it is Request: Corps performs bank stabilization the flood control structures. not going to happen. or levee setbacks as needed to stabilize the At you urging, the Corps is using Public But to hold up a general’s rank to flood control structures. Law (PL) 84–99 to address bank caving asso- major general, hold up his promotion Cite past practice by the Corps in per- ciated with recent flood events. We have and have him now 6 months behind forming levee setbacks under FCA of 1928 identified 8 to 9 discrete sites, addressing and the MR&T Program, or, bank caving along approximately one per- other generals both in pay and pro- Raise the issue that much of the bank cav- motion and opportunity is just unfair. cent of the Ouachita River and Tributaries ing has been caused by barge wakes, which project, where it appears that damages have It is just not fair. This is not someone are the result of the federal navigation chan- occurred as a result of flood events during who can fix the aches and pains and ills nel project, or, the period of October 2009 to January 2010. and concerns of my colleague from Use P.L. 84–99, 33 USC 701, Flood Emer- We anticipate that the cost of pursuing the Louisiana. gencies. repair work at these sites will cost approxi- This is a general who is a patriot and AGMAC mately $10–$20 million. has served this country for 30 years. I *** The Corps’ assessment indicates that the don’t think he ought to be used as a bank caving along the Ouachita River is not DEPARTMENT OF THE ARMY, OFFICE attributable to vessel wash. In addition, the pawn in some concerns about water bank caving is not associated with features policy or concerns about issues in New OF THE ASSISTANT SECRETARY, CIVIL WORKS, of the Mississippi Rivers and Tributaries Orleans or Louisiana dealing with flood Washington, DC, March 12, 2010. (MR&T) project. The authorization for the control and responding to the needs of Hon. DAVID VITTER, Ouachita River and Tributaries projects that city and that State. As chairman U.S. Senate, Hart Senate Office Building, specifies that levee maintenance is a non- of the committee that funds energy Washington, DC. Federal responsibility. Congress has not en- and water programs, I can tell you that DEAR SENATOR VITTER: This letter is in re- acted a general provision of law that would supplant this non-Federal responsibility or we have sent billions and billions of sponse to your letter of January 13, 2010, and follow up to meetings held on November 19, that would allow the Corps to correct levee dollars down to Louisiana and to New damages that are not associated with flood Orleans—I am proud to have done it— 2009 and March 2, 2010, regarding issues that you would like the Army Corps Engineers to events. in order to say, after Hurricane address in order for you to release your cur- ISSUE 3: ACADIA GULF OF MEXICO ACCESS Katrina and during the rebuilding, to rent nomination hold on Brigadier General CHANNEL (AGMAC) the people of Louisiana: You are not (P) Michael J. Walsh. We have thoroughly REQUEST: Corps work with the state alone, we are with you. We have spent analyzed all nine issues. Our response to (CPRA) using existing CWPPRA projects a lot of money doing that. I am proud each issue raised in your January 13, 2010 let- along Freshwater Bayou to develop a plan to to have been a part of that. ter follows below. We have made every effort build significant bank stabilization and But the demands that are required to provide you the best way forward within spoils build-up within the 902 limit before January 1, 2010. now by Senator VITTER in order for the limits of existing law, funding and policy for each of the nine issues. The AGMAC request envisions the place- him to lift a hold on the move to the ment of dredged material along the Fresh- ISSUE 1: OUTFALL CANALS/PUMP TO THE RIVER rank of major general for a one-star water Bayou and refers, directly or indi- general who has served this country for REQUEST: Corps provide a formal commit- rectly, to two distinct authorities: 1) the 30 years and fought in Iraq, in my judgment to complete a comprehensive risk anal- Port of Iberia navigation project authorized ysis associated with the three options laid in Water Resources Development Act ment, are unfair. We should not hold a out in the Corps pumping station report general’s promotion and career hostage (WRDA) of 2007 at a total cost of $131,250,000; within 18 months, suspend any activity un- and 2) the CWPPRA authorization that pro- to the demands of one Member of the less the activity is consistent with options 2 vides for the creation, protection, restora- Senate. That is exactly what has hap- and 2a described in the Corps report, and tion, and/or enhancement of wetlands to pro- pened for 6 months. conduct a feasibility level of analysis (in- vide for the long-term conservation of such I ask unanimous consent to have cluding a cost estimate) for the period. wetlands and dependent fish and wildlife pop- printed in the RECORD a January 13 let- In fulfillment of the requests of the Lou- ulations. The Port of Iberia authorization di- ter from my colleague to the Corps of isiana Coastal Protection and Restoration rects the Corps to ‘‘use available dredged Authority (CPRA), the Southeast Louisiana Engineers. It is a letter from my col- material . . . [on] the west bank of the Flood Protection Authority-East, Jefferson Freshwater Bayou to provide incidental league, Senator VITTER; a March 12 let- Parish, and the Sewerage and Water Board of storm surge protection . . .’’ This authoriza- ter in response to that letter by the New Orleans, which you have supported, the tion would allow the Corps to place available Corps of Engineers to Senator VITTER; Corps previously agreed to construct the per- dredged material from the Port of Iberia a March 16 letter to the Corps of Engi- manent structures and pump stations with navigation project along the west bank of neers from Senator VITTER; and, fi- adaptability measures that will facilitate ad- the Freshwater Bayou provided this work nally, a March 19 letter back to Sen- dition of Options 2 or 2a features should ei- provides incidental storm surge protection ther option be authorized and funded by Con- ator VITTER from the Corps of Engi- and is within the applicable section 902 cost gress for construction or undertaken and limitation. You are correct that CWPPRA neers. funded by non-Federal interests in the fu- There being no objection, the mate- provides independent authority to create ture. In light of the limited service life of wetlands along the Freshwater Bayou. The rial was ordered to be printed in the the existing temporary pumps (estimated to Corps will work with the State and others to RECORD, as follows: expire in 2011–2013), it is vitally important explore use of CWPPRA authority to imple- U.S. SENATE, for the protection of the citizens of New Or- ment a project along the Freshwater Bayou. Washington, DC, January 13, 2010. leans that a permanent pumping solution be The CWPPRA Task Force identifies and se- Brigadier General MICHAEL J. WALSH, implemented as quickly as possible, and sus- lects which projects will be pursued under Commander, Mississippi Valley Division, United pension of any activity not consistent with this authority. If the project is selected as a States Army Corps of Engineers, Vicksburg, Options 2 and 2a would create an unaccept- nominee, then the CWPPRA Technical Com- MS. able risk to the citizens. The Corps will con- mittee will consider it at an April 4, 2010 DEAR GENERAL WALSH: Here is a detailed duct a supplementary risk reduction anal- public meeting for further evaluation as a brief of the issues I would like you to address ysis as part of the detailed engineering feasi- Priority Project List 20 Candidate Project.

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ISSUE 4: MORGANZA TO THE GULF ule, and a minimally visible closure at warded to the State of Louisiana on Feb- REQUEST: Corps restart the lock design Oakville. ruary, 26, 2010, and has received initial com- on the Houma Navigation Canal, provide sep- The Corps is receptive to implementing a ments that are under consideration. arate authority for the Houma Navigation LPP for Jesuit Bend as part of the incorpora- We trust that it is evident the Corps and Lock project or the next WRDA bill, and tion of non-Federal levees into the Federal the Army have listened to you carefully and help expedite the 404 permitting process on New Orleans to Venice project. To date, the are providing the answers in this letter as existing projects. State and Plaquemines Parish have not iden- our best attempt to address your concerns. The Houma Lock is part of the Morganza tified a specific LPP that they are certain We both look forward to resolving the nomi- to the Gulf hurricane and storm damage risk they want to pursue. They have asked the nation hold on a very able and deserving reduction project, which was authorized in Corps to assist them in the analytical effort General Officer in the very near future. WRDA 2007 at a total cost of $886,700,000. Fol- necessary to determine the cost of the plan Very truly yours, lowing Hurricanes Katrina and Rita, the and whether or not it should be pursued at JO-ELLEN DARCY, levee design criteria for this project changed non-Federal expense. The State and Parish Assistant Secretary of the Army (Civil Works). and, as a result, the project can no longer be must enter into a written agreement with R. L. VAN ANTWERP, built for the amount envisioned by the Con- the Corps in which the State and Parish Lieutenant General, US Army, gressional authorization. Some design work agree to pay for this analysis. Once the Chief of Engineers. on the Houma Lock had been completed agreement is executed, the Corps will com- based on the design criteria used in the origi- plete the analysis within four months. If the U.S. SENATE, nal project plan, but because this criteria State and the Parish determine that they Washington, DC, March 16, 2010. had changed, the Corps halted further design want to pursue a LPP, the LPP must be ap- Hon. JO-ELLEN DARCY, work on the Lock pending the redesign of proved by the ASA(CW). Our offices will Assistant Secretary of the Army (Civil Works), the overall project plan that takes the new work expeditiously to approve an LPP when Washington, DC. criteria into account. The Corps is not au- presented. The Corps plans to construct a Lieutenant General ROBERT VAN ANTWERP, thorized to construct the Houma Lock as an swing gate for closure at Oakville for the Commander, U.S. Army Corps of Engineers, independent, freestanding project or as a sep- West Bank and Vicinity project. This closure Washington, DC. arable element of the Morganza to the Gulf option was considered along with several Re Brigadier General Walsh Issues. project, and additional authorization will be other closure options, including a minimally DEAR SECRETARY DARCY AND LIEUTENANT required to construct the Morganza to the visible closure option. The Corps has deter- GENERAL VAN ANTWERP: Thank you for our Gulf project in accordance with the new de- mined that the swing gate option was a supe- most recent meeting two weeks ago and the sign criteria. The Post Authorization Change rior closure option from a risk, reliability, commitments you made, including to have report required to support the request for ad- and operation and maintenance standpoint. the Louisiana Water Resources Council oper- ditional authorization is scheduled to be ating within four months of that meeting. ISSUE 7: LOWER ATCHAFALAYA BASIN completed by December 2012. The Corps is I identified a finite number of follow-up BACKWATER FLOOD PROTECTION willing to resume design of the Houma Lock questions/requests at that meeting. Al- using the new criteria, but has insufficient REQUEST: Corps produce the study on the though you always underscore how time-sen- funds to resume this effort and complete the backwater flood issue, as committed in writ- sitive Brigadier General Walsh’s promotion overall project plan. The Corps will work ing to Mayor Matte on Nov 2007 and Dec 2008. is, you still have not responded to those with others to expedite the Section 404 per- Because the issue pertains to the questions/requests, including in your letter mitting process. Additionally, enclosed, as a Atchafalaya River and the Floodway Basin, of March 12, 2010. legislative drafting service, is draft legisla- such a study clearly should be covered under In one final effort to resolve this impasse, tion for separate authority for the Houma MR&T. Furthermore, the original solution I offer the following very short list of three Navigation Lock. to the backwater flooding, the Avoca Island items, some of the details of which are dif- Levee Extension, was deemed to be under ISSUE 5: WEST BANK AND VICINITY ferent from our last discussion. Please indi- MR&T; so should any other solution to be REQUEST: Corps provide for O&M costs cate in writing if the Corps can honor all of studied or proposed. these requests. associated with proposed navigation project The Corps has the authority to conduct a 1. OUTFALL CAUALS/PUMP TO THE RIVER on the Algiers Canal. Corps policy states: (1) study addressing this backwater flooding ‘‘If the waterway users are subject to fuel issue and is working with the local rep- Request: Corps conduct within 18 months a taxes paid into the IWTF, there are not any resentatives on scope and schedule. The formal cost/benefit analysis, using existing non-Federal cost sharing requirements in study would determine if there is Federal in- Corps’ authority and money, of previously connection with the Federal project im- terest and would determine if the rec- cited project options 1, 2, 2a, and any other provements to the waterway (not for ommended solution can be implemented options the Corps deems advisable to con- LERRD, construction, or OMRR&R)’’; (2) within existing MR&T project authority or if sider. This cost/benefit analysis to be peer Section 206 of the Inland Waters Revenue additional authority would be required. The reviewed by the soon-to-be operational Lou- Act of 1978, as amended, (33 U.S.C. Section Corps is willing to pursue this study effort. isiana Water Resources Council. The Corps 1804) contains the listing of inland water- However, since this study is a new activity, clearly has the authority for this study ways subject to fuel taxes paid in to the an appropriation is required to initiate this under previous language and can find the IWTF. The Gulf Intracoastal Waterway, from effort. money for it if it wants to. Regarding Lieu- St. Mark’s River, Florida, to Brownsville, tenant General Van Antwerp’s suggestion at Texas, is included on that list; and (3) The ISSUE 8: LOUISIANA HIGHWAY 3241 our last meeting that this must be a full fea- Corps’ decision to provide, in lieu of raising REQUEST: Corps create a significantly ac- sibility-level analysis, the Corps was given the Algiers Canal Levees to 100-year level of celerated Environmental Impact Statement broad authority to do post-Katrina work protection, works along the Algiers Canal (EIS) or other timetable compared to the without full feasibility studies and in an ex- and the construction of a navigation closure current timetable. pedited manner, and has not even performed structure complex on the GIWW does not Similar EIS’s typically take two to three feasibility-level analysis on Option 1. years to complete. The Corps is working preclude this according to its internal policy 2. AGMAC with the Louisiana Department of Transpor- associated with navigation and section 206 of Request: tation and Development to streamline this the Inland Waters Revenue Act of 1978. Option A—Corps provide containment process and to expedite completion of the The Gulf Intracoastal Waterway (GIWW) areas for the deposition of spoil material Louisiana Highway 3241 EIS. Significant closure structure across the Algiers Canal is using O&M funds which should be con- progress has been made on this front and the part of the West Bank and Vicinity project. structed to provide embankment stabiliza- current schedule for completing this effort Its purpose is to provide hurricane and storm tion and reestablish the berm that histori- already has been reduced to 18 months. The damage risk reduction. The GIWW closure cally provided storm surge attenuation bene- Corps will adopt other streamlining pro- structure will only be operated when needed fits to Vermilion Parish. Thus, Corps O&M posals provided they are acceptable under to prevent damages from storm surge, or authority can be used to help solve the 902b applicable law and regulation. The Corps will during maintenance exercises of the struc- cost issue. This would be directly analogous provide your office with monthly reports ad- ture and pumps. When Congress authorized to O&M work done on the MRGO. If O&M vising you of further schedule adjustments. this project, it specified that the non-Federal funds are not available, the Corps/Adminis- Sponsor is responsible for the costs of oper- ISSUE 9: LOUISIANA WATER RESOURCES COUNCIL tration would proactively request and sup- ation and maintenance. Additional authority REQUEST: Corps create and fund the Lou- port the appropriation of such O&M funds as and funding would be required for the Corps isiana Water Resources Council, as mandated are necessary. to operate and maintain the hurricane and in WRDA 2007. Option B—Corps successfully obtain final storm damage reduction closure structure The Corps previously planned to establish approval at the state level of a CWPPRA pro- across the Algiers canal. the Louisiana Water Resources Council with gram which, when combined with the Corps’ ISSUE 6: NEW ORLEANS TO VENICE, JESUIT BEND appropriations specifically made available WRDA authority, accomplishes the bank 100-YEAR PROTECTION for this purpose. The Corps will now use ex- build-up as authorized and intended in REQUEST: Formal commitment to Local isting appropriations. The Corps has devel- WRDA. This will require some type of spe- Preferred Plan (LPP), with milestone sched- oped a proposed draft charter that was for- cial/emergency CWPPRA meeting.

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3. MORGANZA TO THE GULF an expedited manner, and has not even per- There is an established nomination process Request: formed feasibility-level analysis on Option 1. under the CWPPRA program, as outlined in Option A—Corps restart the lock design on Following Hurricane Katrina, the Adminis- the CWPRRA project standard operating pro- the Houma Navigation Canal using existing tration requested authorization and funding cedure manual dated June 3, 2009, whereby authority and move the lock forward as an for the work referred to as Option 1 for the agencies, parishes, landowners, and other in- independent project. In 1998, a Chiefs Report purpose of reducing exposure of the interior dividuals may confer to further develop established authority to move the lock for- of the City of New Orleans to surge from projects. The guidelines suggest that nomi- ward outside of the overall Morganza Project Lake Pontchartrain. Congress authorized nated projects should be developed to sup- in response to a WRDA 1996–directed study. and funded Option 1 in the 4th Supplemental, port one or more ‘‘Coast 2050’’ strategies to The Corps would either use this existing au- P.L. 109–234 and the 6th Supplemental, P.L. create, restore, protect or enhance coastal thority to move the lock forward independ- 110–252. This construction work is being com- wetlands. Should this project make it ently or proactively support language in the pleted under a design/build contract, which through the CWPPRA nomination process, next WRDA to do so. (The reason I am not incorporates ongoing planning and design the Corps, as a member of the Task Force, pursuing Lieutenant General Van Antwerp’s while the project is being built. will support its inclusion in the CWPPRA Your new request is that the Corps com- suggestion at our most recent meeting that program. plete a formal cost/benefit analysis of Op- we work on full project authorization lan- 3: MORGANZA TO THE GULF tions 1, 2, 2a, and other possible appropriate guage for a 2011 WRDA subject to a Chief’s REQUEST: options, within 18 months. Determining Report, is because the re-study of the project Option A—Corps restart the lock design on whether and how the City’s interior drainage is not due until December 2012, and contin- the Houma Navigation Canal using existing facilities could be improved is a complex and gent authorizations for projects have only authority and move the lock forward as an extensive undertaking. As we have stated been granted up to December 31 of the year independent project. In 1998, a Chief’s Report previously, the Corps is willing to proceed of a WRDA’s passage.) established authority to move the lock for- with such a study; however, we estimate that Option B—Corps outline any other way the ward outside of the overall Morganza Project it will take approximately 36 months to entire Morganza to the Gulf project or a sig- in response to a WRDA 1996-directed study. produce a cost/benefit analysis that would nificant portion of it is authorized and The Corps would either use this existing au- provide Congress with adequate information moves forward under the new WRDA, assum- thority to move the lock forward independ- to make an informed decision on whether to ing a new WRDA is passed in 2011. If Corps ently or proactively support language in the authorize construction of Option 2, 2a, or cannot do this, then you are admitting that next WRDA to do so. (The reason I am not some other option. you plan on our missing the next WRDA pursuing Lieutenant General Van Antwerp’s You also suggested that we complete the suggestion at our most recent meeting that train yet again regarding this vital and long- study with existing appropriations. The ap- suffering project, which is completely unac- we work on full project authorization lan- propriations provided by Congress were for guage for a 2011 WRDA subject to a Chief’s ceptable. the purpose of hurricane and storm damage These three goals can clearly be met under Report, is because the re-study of the project risk reduction. Options 2 and 2a would ad- is not due until December 2012, and contin- the Corps’ significant existing authority and dress interior drainage issues without pro- flexibility. If you truly want to do so but gent authorization for projects have only viding additional storm surge protection. been granted up to December 31 of the year need to explore the above methods more The Administration’s focus is on providing fully before transmitting a written response, of a WRDA’s passage). the storm surge protection for the City of Option B—Corps outline any other way the please have your staff contact Glen Mac- New Orleans that Congress expected us to Donald of my office and Garrett Graves of entire Morganza to the Gulf project or a sig- provide on a priority basis. It would not be nificant portion of it is authorized and the State of Louisiana. If, on the other hand, appropriate to divert existing appropriations these three goals are not going to be met by moves forward under the new WRDA, assum- away from this high priority objective. ing a new WRDA is passed in 2011. If Corps the Corps, I look forward to moving on with 2: AGMAC cannot do this, then you are admitting that an existing Major General for the position in you plan on our missing the next WRDA question. REQUEST: Option A—Corps provide containment train yet again regarding this vital and long- Sincerely, areas for the deposition of spoil material suffering project, which is completely unac- DAVID VITTER, using O&M funds which should be con- ceptable. U.S. Senator. structed to provide embankment stabiliza- The Corps does not have authority to im- tion and reestablish the berm that histori- plement the Houma Navigation Lock as an DEPARTMENT OF THE ARMY, OFFICE cally provided storm surge attenuation bene- independent project. Section 425 of WRDA OF THE ASSISTANT SECRETARY, fits to Vermilion Parish. Thus, Corps O&M 1996 authorized a study of an independent CIVIL WORKS, authority can be used to help solve the 902b lock, but did not authorize construction. Washington DC, March 19, 2010. cost issue. This would be directly analogous Section 425 in part reads . . . ‘‘The Secretary Hon. DAVID VITTER, to O&M work done on the MRGO. If O&M shall conduct a study of environmental, U.S. Senate, Hart Senate Office Building, funds are not available, the Corps/Adminis- flood control, and navigation impacts associ- Washington, DC. tration would proactively request and sup- ated with the construction of a lock struc- DEAR SENATOR VITTER: This letter is in report the appropriation of such O&M funds as ture in the Houma Navigation Canal as an sponse to your letter of March 16, 2010. On independent feature of the overall damage March 12, 2010, we responded to your previous are necessary. Option B—Corps successfully obtain final prevention study being conducted under the letter and to questions raised in several approval at the state level of a CWPPRA pro- Morganza, Louisiana, to the Gulf of Mexico meetings addressing nine specific issues. In gram which, when combined with the Corps’ feasibility study.’’ The Corps conducted a your letter of March 16, you posed three fol- WRDA authority, accomplishes the bank study in response to Section 425, but that low-on questions, which are addressed below. build-up as authorized and intended in study did not recommend construction of an In summary, the responses we provided on WRDA. This will require some type of spe- independent Houma Navigation Lock feature March 12, 2010 represent the best way for- cial/emergency CWPPRA meeting. due to uncertainties of benefits and concerns ward within the existing law, funding and Your new AGMAC request envisions using over justification of an independent lock policy. The new requests in your most recent Operation and Maintenance (O&M) funds to structure. As a result, a Chief’s Report was letter either require changes to law or construct containment areas for the deposi- not completed for the Houma Navigation changes to policy which, given current legal tion of spoil materials to provide embank- Lock project. and fiscal constraints, we regretfully cannot ment stabilization and reestablishment of The Army understands the importance of support. the berm that historically provided storm completing the Morganza to the Gulf project 1: OUTFALL CANALS/PUMP TO THE RIVER surge attenuation benefits to Vermilion Par- reanalysis, and will continue to look for REQUEST: Corps conduct within 18 ish. You believe that this would help to solve ways to move forward as expeditiously as months a formal cost/benefit analysis using the section 902 of WRDA 86 cost issue related possible on the Post Authorization Change existing Corps’ authority and money, of pre- to the Port of Iberia navigation project au- report required to support a request for addi- viously cited project options 1, 2, 2a, and any thorized in Water Resources Development tional authorization. As noted previously, other options the Corps deems advisable to Act (WRDA) of 2007 at a total cost of our best estimate is this report will be com- consider. This cost/benefit analysis to be $131,250,000. The Corps does not have author- pleted by December 2012. You have our com- peer reviewed by the soon-to-be operational ity to use O&M funds to construct projects mitment that we will continue to seek ways Louisiana Water Resources Council. The or separable elements of projects, nor does to accelerate this schedule. Corps clearly has the authority for this the Army have authority to reprogram O&M Very truly yours, study under previous language and can find or any other Civil Works funds to initiate a JO-ELLEN DARCY, the money for it if it wants to. Regarding previously unfunded project. This is not Assistant Secretary of the Army (Civil Works). Lieutenant General Van Antwerp’s sugges- analogous to O&M work done on the MRGO. R. L. VAN ANTWERP, tion at our last meeting that this must be a In that case, Congress specified that the Lieutenant General, US Army, full feasibility-level analysis, the Corps was Corps undertake certain enumerated activi- Chief of Engineers. given broad authority to do post-Katrina ties with appropriations made available for Mr. DORGAN. Simply, GEN Michael work without full feasibility studies and in O&M. Walsh is someone I have known for a

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2286 CONGRESSIONAL RECORD — SENATE April 14, 2010 long time. He is an extraordinary sol- Mr. COBURN. I am only going to cation reform. It is the issue of a cir- dier and a patriotic American who take 5 minutes. cuit court decision a week ago in the doesn’t deserve, and never deserved, to Mr. DORGAN. I suggest the absence Comcast case dealing with the Federal have his promotion derailed for 6 of a quorum. Communications Commission and its months by one Member of the Senate. The PRESIDING OFFICER. The ability or inability to be a referee with That is not fair. That is using this per- clerk will call the roll. respect to the free market system and son, this patriot, as a pawn in trying to The assistant legislative clerk pro- the Internet. extract from the Corps of Engineers ceeded to call the roll. The Internet is an extraordinary in- something the Appropriations Com- Mr. COBURN. Mr. President, I ask novation in our lives. We tend to take mittee has already voted against, in unanimous consent that the order for it for granted, I suppose, because it is one case. the quorum call be rescinded. so normal for all of us every day to use In other cases, it is something that The PRESIDING OFFICER. Without the Internet, whether it is a wireless the Corps of Engineers cannot legally objection, it is so ordered. device or a laptop computer, or what- do without authorization from Con- AMENDMENT NO. 3726 TO AMENDMENT NO. 3721 ever. We use the Internet in so many gress. We cannot do that to soldiers (Purpose: To pay for the full cost of extend- different ways. who have served their country. That is ing additional unemployment insurance The question is: What is the regu- not fair. and other Federal programs) latory approach to the Internet? We I am not going to ask consent today Mr. COBURN. Mr. President, I thank know what we have done for telephones because my colleague, Senator LEVIN, my colleague for giving me a short over the many years, the many decades previously asked consent, and Senator time to deal with these two amend- of regulatory capability. What is it for COBURN from Oklahoma, on behalf of ments. I have an amendment at the the Internet? Senator VITTER, the other day objected desk that I call up. What we have always had for the to this promotion. But I will ask my The PRESIDING OFFICER. The Internet from its origin is what is colleague from Louisiana to stand clerk will report. called a free and open Internet, the down on this and give this soldier the The assistant legislative clerk read open architecture. Anybody can get on respect and honor and the due that is as follows: the Internet with their Web site, and owed him by the Congress. The Senator from Oklahoma [Mr. COBURN] anybody from the rest of the world who The Armed Services Committee, with has broadband capability or Internet its chairman and ranking Republican proposes an amendment numbered 3726 to amendment No. 3721. capability can access that site. member, unanimously decided that Mr. COBURN. Mr. President, I ask A man named Larry and a man this good soldier should be promoted to named Sergey in a dorm room in Cali- the rank of a two-star general. That unanimous consent that the reading of the amendment be dispensed with. fornia conceived of something which 10 was 6 months ago. Six months later, he years later we know as Google. What if is a pawn on the floor of the Senate The PRESIDING OFFICER. Without objection, it is so ordered. somebody had said to Larry and held by one person trying to extract Sergey: You know what, you are in a from the Corps of Engineers some (The amendment is printed in today’s RECORD under ‘‘Text of Amendments.’’) dorm room, you are not much of a busi- things that the Corps cannot possibly ness; you only have two employees. We AMENDMENT NO. 3727 TO AMENDMENT NO. 3721 do, and some things that are not wise want to charge you for being able to to do, and I would not support in any (Purpose: To pay for the full cost of extend- get on our system so others can see event. ing additional unemployment insurance you. There would not have been As I said when I started, I would not and other Federal programs) Google, would there? come to the floor of the Senate and Mr. COBURN. Mr. President, I ask Free and open architecture of the criticize a colleague without first in- unanimous consent that the pending Internet means anybody, anyplace, any forming him of that criticism. I did amendment be set aside and my next time can access anything. I told a that. I don’t take any measure of satis- amendment be called up. story in the Commerce Committee faction in criticizing a colleague. But I The PRESIDING OFFICER. Without about going to the home I grew up in in will tell you this: What happened to objection, it is so ordered. The clerk a town of slightly less than 300 people. this general is just flat wrong. There is will report. I had not been back to my boyhood no way for anybody in this Congress to The assistant legislative clerk read home since I was a teenager. I knocked justify holding this general hostage for as follows: on the door in my hometown and asked 6 months in his promotion to major The Senator from Oklahoma [Mr. COBURN] the woman if I could see the home I general. proposes an amendment numbered 3727 to I ask my colleague from Louisiana to amendment No. 3721. grew up in. She said: Of course. end this hold, to give this soldier his In the shed where you walk in first, Mr. COBURN. Mr. President, I ask there was cardboard and tape. And in due. This soldier has earned his second unanimous consent that the reading of star, and 6 months ago this Congress the kitchen just off the shed, the the amendment be dispensed with. woman had a camera and a little arm should have voted in response to the The PRESIDING OFFICER. Without unanimous vote by the Armed Services that stuck out of a little appendage she objection, it is so ordered. had by the kitchen counter. She was Committee to give this soldier his sec- (The amendment is printed in today’s ond star. I hope that soon my colleague taking a picture of a bracelet that was RECORD under ‘‘Text of Amendments.’’) hanging from this arm. I said: What are will delete that hold so my colleague Mr. COBURN. Mr. President, I yield from Michigan can seek unanimous you photographing? the floor to my colleague from North She said: I am photographing a consent to do right by GEN Michael Dakota. bracelet because I sell jewelry on the Walsh. The PRESIDING OFFICER. The Sen- I yield the floor and suggest the ab- Internet. ator from North Dakota. From a town of 250 or 300 people in sence of a quorum. Mr. DORGAN. Mr. President, I again The PRESIDING OFFICER. The my little two-bedroom white house in ask unanimous consent to speak as in that small town, this woman has an clerk will call the roll. morning business for 5 minutes. The assistant legislative clerk pro- Internet business. Her Web site can be The PRESIDING OFFICER. Without ceeded to call the roll. accessed by anybody in the world. She Mr. DORGAN. Mr. President, I ask objection, it is so ordered. is not a big business person. She makes unanimous consent that the order for THE INTERNET some money. It could not have hap- the quorum call be rescinded. Mr. DORGAN. Mr. President, we just pened years ago but can happen now in The PRESIDING OFFICER. Without completed a hearing moments ago in that small town. It can happen in any objection, it is so ordered. the Senate Commerce Committee on town. Anybody around the world can Mr. DORGAN. Mr. President, my col- something that has received some access her Web site. But what if some- league wishes to offer an amendment. I headlines recently, although in the body said: We are going to decide which want to make sure there is time avail- scheme of things, it is not ranking Web sites are going to get on our sys- able to him. with health care or energy or edu- tem. That is a gatekeeper, a provider

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2287 that is deciding we are going to pick one with the woman living in my previously when the nondiscrimination winners and losers. former boyhood home. It changed her rules existed. But now that the non- We do not do that. We let the mar- life. But that is multiplied a billion discrimination rules were obliterated, ketplace pick winners and losers on the times around this world. we need to restore them. Internet. That is why the Internet We need to make certain the Internet The Senator from Montana asked the grew. Its origin and growth was under remains open and free. The free market question how can the Federal Commu- something called a nondiscrimination system is the best system I know with nications Commission do this. I believe rule. You cannot discriminate. Just which to allocate goods and services. I there are general powers in the Federal like telephone service, you cannot dis- know none better. But I also under- Communications Commission Act, and criminate. stand that the free market system I believe the Commission itself has The FCC, under former Chairman needs referees to make sure it remains general powers that will allow it to act Powell, moved the Internet from a free and open, to call the fouls, to wear in a manner that the court would view telephone service to an information the striped shirt with the whistle and to be in compliance with the law. service, and that is what the lawsuit call the fouls when necessary. It did The FCC is not interested in doing was about. Comcast brought a lawsuit not happen in the financial area. It did something that it does not have the and said under Title I of the Commu- not happen at all. When people traded legal authority to do. I believe they nications Act, as an information serv- things that did not exist, buying things have the capability. They certainly ice, the FCC does not have the author- from people who did not have them, have the capability to determine that ity with respect to Internet freedom as making money on both sides, all of a the Internet is regulated under Title II I call it, to impose net neutrality rules. sudden there should have been regu- in which they would have the capa- The circuit court said the FCC does not lators saying: Wait, this is gambling. bility to enforce the nondiscrimination have that authority under Title I. That You can’t do that. You are putting the rule. gets very technical and very legal. American people at risk. On the tele- Again, this is not going to be one of The question is: What does the FCC communications side, we need effective those headline issues, but nonetheless do now? The question is what should regulatory capability, not to stifle or it is a very important issue and one we we aspire to achieve for the Internet in injure the free market but to protect need to get right. The last time we had the long term? Some say hands off, it. a discussion about this issue in the let’s have what is called in the hearing This is a very important issue in the Commerce Committee, it was a very today a light touch. I said: I am not in- wake of the circuit court decision. I be- contentious discussion. Senator SNOWE terested in a light touch; I am inter- lieve Chairman Genachowski has the and I offered an amendment that lost ested in the right touch by regulators. capability and authority to move for- on an 11-to-11 tie. This is not an easy I have just seen a decade in which regu- ward in the Federal Communications issue. There are a lot of people who feel lators at the SEC and the CFTC and Commission to do the right thing, and strongly on both sides, but I come others who engaged in financial regula- I encourage him to do that. down on the side of saying the way the I know as well going forward that tions said: We are engaged in light Internet was conceived and the way it legislation, perhaps not this year but touch. In fact, we are engaged in no grew and the way it flourished was legislation in future Congresses will re- touch. We will be blind for 8 years. We with nondiscrimination rules that say affirm the opportunity for the FCC to anybody—it is the ultimate democ- will not even look. We are regulators, protect and nurture a free and open ar- racy—anybody anywhere can set up a but we intend to get paid. We do not chitecture of the Internet. I believe it site and anyone in the world can access even care what you do. That is the ulti- is critically important. that site. That is the genius of this mate light touch, but I have had a bel- Mr. BAUCUS. Mr. President, before great innovation in our lives. lyful of that. I want regulators to regu- the Senator yields, in the form of a Mr. President, I yield the floor. I sug- late effectively to make sure the mar- question, I deeply appreciate the Sen- gest the absence of a quorum. ket remains open and free and fair. ator’s statement. He is on the right The PRESIDING OFFICER. The That is the job of a regulator. That is track. I believe the Internet should be clerk will call the roll. the job of the FCC. free and open, too. I was stunned by the The assistant bill clerk proceeded to We are going to have a big debate circuit court decision. call the roll. about this in the Congress. But first I ask the Senator if he could tell us Mr. BAUCUS. Mr. President, I ask and foremost, I hope the Federal Com- how he thinks the FCC can remedy the unanimous consent that the order for munications Commission takes action situation now without legislation, and the quorum call be rescinded. under its own authority because it has if the FCC cannot, we need legislation. The PRESIDING OFFICER. Without plenty of authority to respond to this But I am asking for the Senator’s view objection, it is so ordered. decision. It has authority under Title again. He already stated it once. Maybe Mr. BAUCUS. Mr. President, the Sen- II of the Communications Act, and it he can expand on it further. ate just rejected the previous Coburn has other authorities it can use. I en- Mr. DORGAN. Mr. President, I thank amendment by a vote of 51 to 46. The courage it to proceed. I hope that is the the Senator from Montana. Let me Senate, I might say, rejected an at- case. state the reason for the urgency. I de- tempt by the Senator from Oklahoma Second, Senator SNOWE and I and scribed it today, but it has been said in to give the Director of the Office of others on a bipartisan basis will con- other venues. Mr. Whitacre from AT&T Management and Budget sweeping pow- tinue to press the Congress to enact most famously said it: These are my ers to cut unobligated balances by bil- net neutrality, what I call Internet pipes. I want Google to pay for the use lions of dollars. freedom, legislation, because if the of my pipes. That was a famous state- The Senator from Hawaii, Mr. FCC does not do it, let’s make sure we ment by Mr. Whitacre. Yes, those pipes INOUYE, chairman of the Appropria- do it in law. belong to the providers, but there is a tions Committee, explained why that This is a very important issue. The requirement there be a nondiscrimina- would be unwise. Essentially, there are issue of the Internet and the question tion approach to the use of those pipes. many contracts which take more than of who controls the Internet, if any- We do not want providers to set up 1 year to be fulfilled—building ships, body, is very important. tollbooths or gates to say: OK, you are for example, aircraft carriers, and so At town meetings when somebody a big site out there. We are going to on. It takes a good number of years to says, The Federal Government cannot charge you to use this. Maybe that per- build them, and it would make no sense do anything right, I say there are a son cannot pay the charge. The billions to rescind all those unobligated bal- number of things it cannot do right, of people who would access that site ances. but answer the question, Who invented now will not have access because there The Senator from Oklahoma has two the Internet? Who created the Inter- is a gatekeeper who said: We are only more amendments. One in particular is net? The Federal Government did that. going to allow these folks to be on our virtually the same amendment. It gives It started here. It is a wonderful inno- site. That is the point of it. the Director of OMB powers to cut un- vation that has changed our lives in so There is, it seems to me, a potential obligated balances by billions of dol- many wonderful ways. I just described problem that could not have existed lars, so the arguments of the Senator

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2288 CONGRESSIONAL RECORD — SENATE April 14, 2010 from Hawaii would apply there as well. pensation benefits should not be paid ceed to the motion to reconsider the So the same reasons given for opposing for. vote by which the Budget Act was not the Coburn amendment just a short Who is Mark Zandi? Mark Zandi is a waived was agreed to, and the motion while ago—and the one that was de- moderate economist, very well re- to reconsider was agreed to. The ques- feated—should be the same reasons spected by Senators on both sides of tion on reconsideration is on the Bau- that would apply with respect to this the aisle. He also was the adviser for cus motion to waive all applicable next Coburn amendment that we will Presidential candidate JOHN MCCAIN— budget discipline for the consideration be voting on in the not-too-distant fu- Mark Zandi was. The point is, clearly, of amendment No. 3721, as modified, ture. he is not a liberal, leftwing economist. and the underlying bill. The Senator from Oklahoma has an- I don’t know even now if he is a mod- The yeas and nays have been ordered. other amendment which would reverse erate economist. But whatever he is— The clerk will call the roll. decisions of the Congress through the moderate, leftwing or liberal—he is an The assistant legislative clerk called appropriations process, and it also economist, and he has worked for Pres- the roll. would, I might say, affect some tax idential candidate JOHN MCCAIN. He The yeas and nays resulted—yeas 60, provisions that would be inappropriate volunteered today on the record at the nays 40, as follows: if we were to pass them now. Finance Committee hearing that it [Rollcall Vote No. 112 Leg.] I would remind my colleagues if the would not be wise to pay for unemploy- YEAS—60 Coburn amendment were to be adopted, ment benefits at this time because that Akaka Franken Murray there is another problem with it; that would be self-defeating. Baucus Gillibrand Nelson (NE) is, the delay of the extension of unem- I suggest the absence of a quorum. Bayh Hagan Nelson (FL) Begich Harkin Pryor ployment benefits. Because if it were The PRESIDING OFFICER. The Bennet Inouye Reed to pass, it would have to go over to the clerk will call the roll. Bingaman Johnson Reid House, and I am not quite sure how The assistant bill clerk proceeded to Boxer Kaufman Rockefeller call the roll. Brown (OH) Kerry Sanders quickly the House would accept the Burris Klobuchar Schumer Coburn amendment. They have said Mr. REID. Mr. President, I ask unan- Byrd Kohl Shaheen many times they would not accept it; imous consent that the order for the Cantwell Landrieu Specter that they would send it back, probably quorum call be rescinded. Cardin Lautenberg Stabenow The PRESIDING OFFICER. Without Carper Leahy Tester as is, without the pay-fors on the ex- Casey Levin Udall (CO) tension of unemployment benefits. So objection, it is so ordered. Conrad Lieberman Udall (NM) we would just be delaying unemploy- CLOTURE MOTION Dodd Lincoln Voinovich Mr. REID. Mr. President, I have at Dorgan McCaskill Warner ment benefits to people who were cut Durbin Menendez Webb off a few days ago because of the fail- the desk two cloture motions. Feingold Merkley Whitehouse ure of Congress to act on the extension. The PRESIDING OFFICER. The clo- Feinstein Mikulski Wyden So I would suggest to my colleagues ture motion having been presented NAYS—40 under rule XXII, the Chair directs the that the other two amendments the Alexander Crapo Lugar Senator from Oklahoma has offered are clerk to read the motion. Barrasso DeMint McCain very similar to the first amendment he The assistant legislative clerk read Bennett Ensign McConnell offered. The Senate defeated that first as follows: Bond Enzi Murkowski Brown (MA) Graham Risch amendment by a vote of 51 to 46, and I CLOTURE MOTION Brownback Grassley Roberts suggest that these other two amend- We, the undersigned Senators, in accord- Bunning Gregg Sessions ments be defeated when they are ance with the provisions of rule XXII of the Burr Hatch Shelby Chambliss Hutchison Standing Rules of the Senate, hereby move Snowe brought up because then we can give Coburn Inhofe to bring to a close debate on the Baucus sub- Thune needed unemployment benefits to peo- Cochran Isakson Vitter ple who need it during this time of re- stitute amendment No. 3721 to H.R. 4851, a Collins Johanns bill to provide a temporary extension of cer- Corker Kyl Wicker cession. tain programs, and for other purposes. I suggest the absence of a quorum. Cornyn LeMieux The PRESIDING OFFICER. The John D. Rockefeller, IV, Benjamin L. The PRESIDING OFFICER (Mr. Cardin, Jeanne Shaheen, Al Franken, clerk will call the roll. UDALL of Colorado). On this vote the Daniel K. Akaka, Kent Conrad, Shel- yeas are 60, the nays are 40. Upon re- The assistant bill clerk proceeded to don Whitehouse, Patty Murray, Tom call the roll. Udall, Bernard Sanders, Richard J. consideration, three-fifths of the Sen- Mr. BAUCUS. Mr. President, I ask Durbin, Ron Wyden, Robert P. Casey, ators duly chosen and sworn having unanimous consent that the order for Jr., Edward E. Kaufman, Patrick J. voted in the affirmative, the motion is the quorum call be rescinded. Leahy, Mark L. Pryor, Byron L. Dor- agreed to. The PRESIDING OFFICER. Without gan. The motion to waive the point of objection, it is so ordered. CLOTURE MOTION order made pursuant to section 4(g) of Mr. BAUCUS. Mr. President, not to The PRESIDING OFFICER. The clo- the Pay-As-You-Go Act having been re- belabor the point, but at a hearing I ture motion having been presented considered and agreed to, the Chair’s held in the Finance Committee this under rule XXII, the Chair directs the previous action sustaining the point of morning, we heard from Mark Zandi, clerk to read the second motion. order is annulled and the language pre- who is the chief economist and co- The assistant legislative clerk read viously stricken by the Chair is now re- founder of Moody’s Analytics, and he as follows: stored to the amendment. was talking about unemployment bene- CLOTURE MOTION Mr. CASEY. Mr. President, I ask fits. We, the undersigned Senators, in accord- unanimous consent that the manda- In fact, part of the hearing was to de- ance with the provisions of rule XXII of the tory quorums, as required under rule termine ways to improve the efficiency Standing Rules of the Senate, hereby move XXII, be waived. and effectiveness of unemployment to bring to a close debate on H.R. 4851, a bill The PRESIDING OFFICER. Without benefits. Actually, the panel came up to provide a temporary extension of certain objection, it is so ordered. programs, and for other purposes. with a lot of very interesting ideas. VOTE EXPLANATION Different States are, frankly, using the John D. Rockefeller, IV, Benjamin L. Mr. MENENDEZ. Mr. President, due unemployment program to help create Cardin, Jeanne Shaheen, Al Franken, to an official event in New Jersey, I Daniel K. Akaka, Kent Conrad, Shel- jobs as well as make payments. don Whitehouse, Patty Murray, Tom was necessarily absent for rollcall vote Anyway, at this hearing, Mr. Zandi Udall, Bernard Sanders, Richard J. No. 109. Had I been present, I would volunteered, frankly, that now is not Durbin, Ron Wyden, Robert P. Casey, have voted ‘‘yea’’ on the motion to in- the time for extension of unemploy- Jr., Edward E. Kaufman, Patrick J. voke cloture on the motion to proceed ment benefits to be paid for. He said Leahy, Mark L. Pryor, Byron L. Dor- to H.R. 4851, the Continuing Extension that is self-defeating. It is unproduc- gan. Act of 2010. tive. He said, now that we are in a re- The PRESIDING OFFICER. Under Mr. CASEY. Mr. President, I ask concession, frankly, unemployment com- the previous order, the motion to pro- sent to speak as in morning business.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2289 The PRESIDING OFFICER. Without beneficiaries of his great voice and his (The remarks of Mr. UDALL of Colo- objection, it is so ordered. strength of personality, his commit- rado pertaining to the introduction of f ment to fighting for justice and espe- S. 3201 are printed in today’s RECORD cially fighting for economic and social under ‘‘Statements on Introduced Bills HONORING BILL GEORGE justice. and Joint Resolutions.’’) Mr. CASEY. Mr. President, I rise to- Tonight, as we are here in Wash- f night for a very specific purpose. It is ington and voting, there is a huge to speak about a person I have known crowd of Pennsylvanians at the David HONORING OUR ARMED FORCES a long time—25 years or more—who is L. Lawrence Convention Center, a con- SERGEANT SEAN DURKIN currently the President of the Pennsyl- vention center named in honor of one Mr. UDALL of Colorado. I want to vania State AFL/CIO, a great labor of our greater Governors, a native of close and take advantage of another leader in the Commonwealth of Penn- Pittsburgh. The AFL/CIO tonight is minute or two to speak on a separate sylvania. I will submit a longer state- paying tribute to Bill George and also note but a related note. ment for the RECORD due to the late Dan Rooney, the great owner of the I wish to talk about Sean Durkin. He hour, but I did wish to say a few words six-time Super Bowl Pittsburgh Steal- was a soldier from Fort Carson whom about him. His name is Bill George, ers and now the Ambassador to Ireland. we just lost from wounds that he suf- and anyone who knows anything about So I wish to compliment both Dan Roo- fered in Afghanistan in a roadside organized labor in Pennsylvania, any- ney and Bill George on their award to- bomb attack. Those are the most cas- one who knows anything about the night at the AFL/CIO dinner in Pitts- ualty-ridden attacks that our forces topic of battling on behalf of working burgh. have faced over and over, not only in men and women, knows the name Bill But in a very particular way, I wish Afghanistan but in Iraq. George. He has been the President of to commend and salute the work Bill Last week, Army SGT Sean Durkin our State AFL/CIO since 1990, 20 years George has done over so many years in died at Walter Reed because of his in that position. Prior to that, he was our Commonwealth of Pennsylvania, wounds. He had been one of three Fort a great leader with the United Steel- culminating in the last 20 years as Carson soldiers who were presented a workers of America and someone I President of the Pennsylvania AFL/ Purple Heart from President Obama came to know long before I was a can- CIO. Congratulations to Bill George. I when he visited Kabul and went to the didate for public office, and certainly know he will stay active in Pennsyl- military hospital when he was there. in the 15 years or so that I have been vania and beyond, but we want to com- On his Facebook page, he included a either a candidate or a public official mend him especially tonight. quotation from an unnamed marine. he has been a source of great inspira- I yield the floor and suggest the ab- This quotation said: tion and a great friend. sence of a quorum. This is my charge to you. Tell everyone of Even beyond the work he has done The PRESIDING OFFICER. The the heroism of the soldiers who lost their for candidates and for causes, this is clerk will call the roll. lives and of the soldiers who are fighting to recover what they have lost. someone who understood, at a very The assistant legislative clerk pro- young age, what it means to battle—to ceeded to call the roll. I wanted to tell everyone here, every- fight the battles for working men and Mr. UDALL of Colorado. I ask unani- one listening, everyone watching of women, to work together with people mous consent that the order for the Sergeant Durkin’s heroism and ask to collectively bargain for wages and quorum call be rescinded. that we keep in our prayers and our benefits, making sure that working The PRESIDING OFFICER (Mr. thoughts all of our service men and men and women have a voice, and CASEY.) Without objection, it is so or- women and their families as they serve someone who understood what an elec- dered. us all over the world. tion means. At the end of the process Mr. UDALL of Colorado. Mr. Presi- I yield the floor and suggest the ab- of conducting an election, you elect dent, I listened intently to the Pre- sence of a quorum. someone to public office—or a group of siding Officer’s remarks just before I The PRESIDING OFFICER. The candidates—and their votes and their took the floor, and I, too, wanted to clerk will call the roll. The assistant legislative clerk pro- actions have an impact on working add my congratulations to Bill George ceeded to call the roll. men and women. Bill George has al- and associate myself with his remarks. Mr. CASEY. I ask unanimous consent ways understood that. He has always I was particularly moved by the com- that the order for the quorum call be understood that those in our society ments the Senator made about often rescinded. who do not have a voice need people organized labor in this country works The PRESIDING OFFICER (Mr. like him to stand and fight battles. on behalf of all Americans, all working UDALL of Colorado). Without objection, I know the Presiding Officer is well Americans, and organized labor often it is so ordered. aware that organized labor—and I does not receive acknowledgment. think Bill George has been a great ex- Sometimes it receives absolutely the f ample of this—often has been battling opposite, slings and arrows that are MORNING BUSINESS the hardest on issues from which they often sent toward organized labor. Mr. CASEY. I ask unanimous consent do not necessarily benefit directly. The There is much that organized labor that the Senate proceed to a period of case in point, the minimum wage. We has done over the years that we take morning business with Senators per- know that those who are represented for granted in the workplace, every- mitted to speak for up to 10 minutes by unions in almost every cir- thing from workplace safety to pension each. cumstance have a pretty solid wage protection to the 40-hour workweek. The PRESIDING OFFICER. Without compared to those who may be making Children do not work in our factories objection, it is so ordered. a minimum wage or less. We know or- anymore because of what organized f ganized labor, thankfully over many labor did for many decades. generations now, has been able to bar- So, again, that was very moving for SEXUAL ASSAULT AWARENESS gain collectively for health care bene- me to hear. I salute Mr. George. I also MONTH fits. But even despite that, they have took note of the mention of the six- Mr. REID. Mr. President, I rise today battled for those who do not have time world champion Pittsburgh Steel- in recognition of Sexual Assault health insurance. Bill George has been ers. In my State we have a two-time Awareness Month. During the month of one of the leaders in Pennsylvania for world champion football team, the April, I urge my colleagues and Ameri- 20 years, making sure the voice of Denver Broncos. It always seemed, cans around the country to reflect on working men and women have been though, we had to go through Pitts- the effects of sexual assault and domes- heard but also making sure the poor burgh. Often we fell short, but on two tic violence in their communities and had a voice, the vulnerable, the forgot- occasions we were able to make it to to join me in making a commitment to ten, the people who have been left out. the Super Bowl itself. We also had to end this stain on our society. In con- To use a line from Scriptures, ‘‘The pass the test that the Steelers pre- junction with Sexual Assault Aware- least, the last and the lost’’ have been sented. ness Month, our country will observe

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2290 CONGRESSIONAL RECORD — SENATE April 14, 2010 National Crime Victims’ Rights Week of Foreign Wars of the United States, land at diners and in the grocery store, on April 18–24, 2010. This year’s theme, VFW. Mr. Leet was recognized by the at roundtables, tele-town halls, in Crime Victim’s Rights: Fairness, Dig- VFW for his dedication to educating hearings, and in letters and emails. nity, and Respect, is a reminder of the students about the importance of citi- Time and again I heard, ‘‘Save my progress our country has made as well zenship and patriotism. Medicare.’’ I heard, ‘‘Don’t take my as the work that still must be accom- Today, I wish to honor Mr. Leet’s mammograms away.’’ I heard, ‘‘They plished. dedication to the children of the Com- turned me down for health insurance As a former U.S. Capitol Police Offi- monwealth and congratulate him on because I had a C-Section.’’ I voted for cer, I understand the effects violent this well deserved award. health care reform because I listened crime can have on a family and com- f to the stories of the people. I know munity. I recognize the significant role that the best ideas come from the peo- TRIBUTE TO JESSICA K. VAUGHAN government and other supporting agen- ple. cies must play in assisting victims of Mr. MCCONNELL. Mr. President, I Over the recess I heard from another sexual assault and preventing violence. rise to congratulate Miss Jessica K. group in Maryland. I met with my won- We must never forget that sexual as- Vaughan of Bowling Green, KY. Miss derful Veterans Advisory Board. They sault is a violent crime with dev- Vaughan was recently selected by the represent Vets from World War Two to astating implications. Veterans of Foreign Wars of the United Desert Storm. They are my eyes and One in six women and one in thirty- States to receive the Patriot’s Pen ears in the veterans’ community. One three men reported experiencing rape scholarship award. This scholarship of my board asked me a question. He or attempted rape in the United States. program is a youth essay contest that said, ‘‘We think health care reform is In 2008, an estimated 222,000 rapes or gives middle school students from great but we think there is a problem.’’ sexual assaults on individuals age 12 across the Nation the opportunity to The part of the health care bill that ex- and older were reported. One in four articulate their views on democracy. tends parents’ health insurance to kids women will experience domestic vio- Miss Vaughan, an eighth grade stu- age 26 and younger left out military lence from a partner in their lifetime. dent, was selected to receive this award families. I promised him that if there Each year, an estimated 1.3 million based on her essay entitled ‘‘Does Pa- was a problem, that I would fix it! Wow women are victims of physical assault triotism Still Matter?’’ I wish to con- was he right. Military families in the by an intimate partner. These num- gratulate Miss Vaughan on her hard TRICARE system were left out. bers, while terrible, grossly underesti- work, perseverance and dedication. TRICARE is a critical benefit for our mate the problem. Many cases of sex- f military and their families. It covers ual assault and domestic violence are active duty military, retired military, TRIBUTE TO MISS SOPHIA BROWN not reported because victims are afraid Coast Guard, National Guard and Re- to tell the police, their family, or their Mr. MCCONNELL. Mr. President, servist in a certain status, and the uni- friends about the abuse. today I rise to honor Miss Sophia form corps of the Public Health Service Such violence affects not only the Brown of Louisville, KY. Miss Brown and the National Oceanographic and victims of abuse, but their families, was recently selected by the Veterans Atmospheric Administration. They communities, and, most unfortunately, of Foreign Wars of the United States to were all left out. That is why I am here their children. Women, men, and chil- receive the National Voice of Democ- today—to right this wrong. dren throughout our country suffer the racy scholarship. This scholarship com- I am proud to join Senator UDALL long-lasting effects of sexual assault petition gives high school students and my colleagues in introducing the and domestic violence through the from across the Nation the opportunity TRICARE Dependent Coverage Exten- emotional and physical scars they to write and then record a broadcast sion Act. This bill says that if military carry each day. based on a selected theme. children can’t get insurance through It is clear we must do more to pre- I am particularly proud since Miss an employer that their parents can vent these crimes and help those who Brown is a sophomore at my alma keep them on their TRICARE insur- are victimized. I have long supported mater, duPont Manual High School. ance until they reach age of 26. This is efforts to recognize, prevent, and com- She was awarded the scholarship based the right thing to do. If the kids of a bat violent crimes committed against on her broadcast pertaining to Amer- hedge fund manager can stay on their women and children, and I am always ican heroes. I wish to congratulate parents’ health care until they are 26, seeking to improve Federal laws and Miss Brown on her hard work, perse- then kids in military families should programs regarding this issue. In 1990, I verance and dedication. be able to be covered to age 26 too. was a cosponsor of the original Vio- f I am so proud of the men and women lence Against Women Act, VAWA, pro- TRICARE DEPENDENT COVERAGE of our military. I stand here today sa- posal, and I supported passage of the EXTENSION ACT luting them for their honor, courage, bill when it became law in 1994. Addi- and commitment to our country. Make tionally, I support the Family Violence Ms. MIKULSKI. Mr. President, I rise no mistake. I have my marching or- Prevention and Services Act, FVPSA, to speak in favor of the TRICARE De- ders. I commit to making this right for and I am pushing for greater funding pendent Coverage Extension Act. them. I will fight to see this bill signed for FVPSA programs and grants. Last month, President Obama signed into law. Because promises made must Countless organizations throughout the health care reform bill into law. It be promises kept. our country are helping victims of was a historic day. For the first time f abuse every day, thanks in part to in American history we committed to VAWA and FVPSA. It is essential to ending the abuses of the insurance in- RECOGNIZING THE PETER M. recognize the organizations committed dustry. We committed to covering GOODRICH MEMORIAL FOUNDA- to providing victims of abuse the as- every single American. It extends the TION sistance they need to overcome the solvency of Medicare for nearly a dec- Mr. LEAHY. Mr. President, it is a trauma of violence. Please join me in ade. It ends the punitive practices of great pleasure to call the Senate’s at- commending the dedicated efforts of insurance companies that deny cov- tention to the inspiring work of Donald the individuals who work tirelessly to erage based on gender, age, or race. It and Sarah ‘‘Sally’’ Goodrich of stop violence in our communities. expands universal coverage to 32 mil- Bennington, VT, through their efforts f lion Americans who have been without to turn their own devastating personal insurance. And we pay for it with an tragedy into new opportunity and hope TRIBUTE TO MARK LEET emphasis on wellness and quality. We for children and families a world away Mr. MCCONNELL. Mr. President, I say goodbye to quantity medicine by in Afghanistan. rise to honor Mr. Mark Leet of emphasizing quality medicine. It was a Confronted by the death of their son Flemingsburg, KY, for recently receiv- very big deal. But there is more to do. Peter aboard the flight that struck the ing the middle school Teacher of the I voted for health care reform be- south tower of the World Trade Center Year award presented by the Veterans cause I listened to the people of Mary- on September 11, 2001, Don and Sally

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2291 Goodrich channeled their grief and en- nizations for his commitment to water Nazi regime and settle in the Balti- ergy into a foundation established in issues and policy. He was recently more area and has provided support for his memory—a foundation with a awarded the Edward J. Cleary Award both Iranian Jews and Russian Jews to unique and uplifting purpose. from the American Academy of Envi- resettle in Baltimore in recent years as The Peter M. Goodrich Foundation ronmental Engineers for his leadership well. provides food, clean water, shelter and in environmental engineering and man- The federation has also played an in- educational opportunities to Afghan agement. He has also been a two-term tegral part in strengthening the bond children facing extreme hardship, dis- member of the National Drinking between Baltimore and Israel through mal circumstances and little hope for Water Advisory Council, which advises its new sister city partnership with the the future. The foundation’s mission is the Environmental Protection Agency Israeli city, Ashkelon. This relation- far broader than offering basic humani- Administrator on everything that EPA ship has already spurred initiatives tarian services to a country torn by does relating to drinking water. that will help educate Jewish leaders conflict; its work recognizes the un- I commend Mr. Bishop for his 18 in both communities on economic and tapped potential of a generation of Af- years of dedicated service to the leadership development. A different ghan children, helping them to rise CCWD. Along with his friends and col- partnership with the Ukrainian city of above hate and to embrace values leagues throughout Contra Costa Coun- Odessa complements the one with based on understanding, tolerance and ty and the San Francisco Bay Area, I Ashkelon by promoting cross-cultural respect. thank him for his efforts and wish him exchange and education as well. With this vision and this goal, the the best as he embarks on the next In honor of its 90th anniversary, the Goodrich Foundation supports ex- phase of his life.∑ federation is doing what it does best: change programs that bring Afghan f helping people. The Associated has students to the United States and vo- called on its community to log 90,000 RECOGNIZING THE ASSOCIATED: cational programs that allow them to volunteer hours together—1,000 hours JEWISH COMMUNITY FEDERA- put their knowledge and skills to use for every year of existence. This is just TION OF BALTIMORE upon their return to Afghanistan. The one more act of generosity among foundation also promotes the work of ∑ Mr. CARDIN. Mr. President, I would countless others The Associated has The Afghan Women’s Writing Project, like to take this opportunity to honor sponsored throughout the years. which helps Afghan women to be heard The Associated: Jewish Community I ask my colleagues to join me in rec- in their own right rather than solely Federation of Baltimore on its 90th an- ognizing The Associated: Jewish Com- through their male relatives. These are niversary. The Greater Baltimore Area munity Federation of Baltimore for its just a few examples of the tremendous is comprised of more than 90,000 Jews, continued commitment to tikkun amount of good the foundation has many of whom rely on The Associated olam—repair of the world—and gemilut achieved in less than a decade. We can to provide support and resources to a chasadim—acts of loving-kindness—as all be grateful to Sally and Don for vibrant Jewish community in the re- well as all the work it has done to bet- opening their hearts, amid their per- gion. The Associated was officially ter the lives of Baltimore Jews sonal grief, and lighting an enduring formed in 1920 by the merger of two throughout the past 90 years.∑ flame of hope after one of our Nation’s community organizations, the Fed- f darkest hours. erated Jewish Charities with the United Hebrew Charities. The Associ- REMEMBERING CLIFFORD HARDIN f ated and its agencies have worked hard ∑ Mr. JOHANNS. Mr. President, I wish ADDITIONAL STATEMENTS to better the lives of Jewish Balti- to pay tribute to a great Nebraskan moreans for almost a century. and great American. Last week, we lost The talents, commitment, and com- a visionary figure who, through years TRIBUTE TO WALTER J. BISHOP passion of Baltimore’s Jewish commu- of service, made lasting contributions ∑ Mrs. BOXER. Mr. President, I am nity activists, philanthropists, volun- to our society: former University of pleased to pay tribute to Walter teers, and professionals have created Nebraska chancellor and later U.S. ‘‘Wally’’ Bishop, general manager of and sustained The Associated. From Secretary of Agriculture Clifford Har- the Contra Costa Water District— Harry Greenstein to Marc Terrill, from din. CCWD—as he retires after 18 years of Jacob Epstein to Jimmy Berg, men and I was deeply saddened to hear of the dedicated service. women have provided their experience passing of Cliff Hardin. His lifetime of A native of Washington DC, Mr. and expertise to help turn the organi- service both in government and aca- Bishop started his career in 1973 as an zation into one of the most powerful demia provides a shining example of engineer for the Washington Suburban and cohesive Jewish federations in the the impact one person can have. Sanitary Commission. Upon arriving in country today. As chancellor of the University of California, he went to work as an engi- Through its Jewish Community Serv- Nebraska, Cliff was the steady hand neer for the Ventura Regional County ices program, The Associated helps that guided the University through a Sanitation District in 1975 before mov- support and serve the needs of the en- turbulent era. He was appointed to the ing to northern California, where he tire Baltimore Jewish community. It position in 1954 at the age of 38—the worked for the East Bay Municipal provides a wide array of counseling youngest university president in the Utility District from 1983 to 1992. programs to help with substance abuse, country at the time. His tenure at Ne- The CCWD serves over 550,000 people relationship problems, depression, and braska lasted 15 years. in Central and Eastern Contra Costa grief. Its social workers also offer out- In reading the many tributes to Cliff County and carries a large influence on standing support for parents, care- over the last week, I was touched by the direction of California water pol- givers, job seekers, teenagers, and sen- one particular story that showed his icy, given its location on the Delta’s ior citizens. All of these programs and true colors. Upon learning that a rival edge. Starting as CCWD’s general man- initiatives have been vital in helping university had plans to place Nebras- ager in 1992, Mr. Bishop continually ad- many Jewish individuals and families ka’s Black football players in one hotel vocated for a customer-first, entrepre- improve both their economic and men- and the White players in a separate neurial approach throughout the dis- tal health situations while still main- hotel, he refused to let the team even trict. Under his leadership, CCWD’s Los taining a positive connection to the board the plane to go to the game. It Vaqueros Reservoir Project was per- Jewish community. wasn’t long until the other school mitted, designed, and completed. It was The Assocaited’s international out- changed course and offered the same the first major reservoir to be per- reach also has been just as profound accommodations for all players. mitted and constructed in more than a and important as its local impact. As Secretary of Agriculture, Cliff was decade. Since the early years of the federation, a results-oriented advocate for farmers A well-known leader in both State it has played an active role in the relo- and ranchers in my home State of Ne- and national water issues, Mr. Bishop cation of Jews to Baltimore. It helped braska and across the country. He put has been recognized by numerous orga- more than 3,000 German Jews flee the a premium on bipartisanship, and his

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2292 CONGRESSIONAL RECORD — SENATE April 14, 2010 distinguished record of accomplish- sult of his many efforts, Dr. Pappas has rect look into the heart of a great man ments set a wonderful example for me received several prestigious awards who lived a good life. during my time as Secretary of Agri- over the years, including the Univer- Mary and I often enjoyed lunch with culture. As Congress works this year to sity of Michigan’s Norman C. Harris Brannon after church at the Whistle reauthorize child nutrition programs, Alumni Award and the National Coun- Stop or some such place. In those con- his impact is still felt. It was then-Sec- cil for Marketing and Public Relations versations, his principles shone retary Hardin who established the Pacesetter Award. And above all, Dr. through and he would talk with pride Food and Nutrition Service within the Pappas is a family man and is buoyed and joy of his children, grandchildren, Department of Agriculture to admin- by his wife, Pam, and his three chil- the baseball games, going to Auburn, ister nutrition programs. dren. working together. They had a unique I extend my deepest condolences to Again, I am privileged to have an op- bond. the entire Hardin family. Cliff leaves portunity to honor Dr. Pappas as he Brannon believed in honesty and behind a legacy of service and leader- embarks on a wonderful journey. There hard work—the Protestant ethic, if you ship. He will be missed but not forgot- is no more noble cause than educating will, for which he made no apology. ten.∑ our next generation of leaders. His im- Politically, he was not a party man, f print on the lives of these young people following, I suppose, the best traditions will be tremendous, and I know he is of good civil servants. But he was an TRIBUTE TO DR. RICHARD J. well-suited and eager to undertake this encourager to me. He wanted me to be PAPPAS challenge. I look forward to hearing a ‘‘statesman,’’ not a politician. I ∑ Mr. LEVIN. Mr. President, I am about Davenport University’s many would indeed feel very badly if I had proud to recognize Dr. Richard J. successes in the years ahead.∑ failed him in this regard. Pappas, who assumed the presidency of f You may not know that he was an ex- Davenport University in August 2009 cellent writer. He wrote me many and was formally installed in this role REMEMBERING BRANNON handwritten letters—long ones—that I on March 31, 2010. This investiture WOODHAM cherish. They were filled with wisdom, ceremony was surely a significant ∑ Mr. SESSIONS. Mr. President, good values, sound policy ideas, and milestone for Dr. Pappas and his fam- Brannon Woodham was one of the fin- what he was hearing from the commu- ily, and is the result of many years of est people I have ever known. He com- nity. A year or so ago, he gave me a dedication and hard work. Indeed, Dr. bined a deep and mature Christian copy of a plan he helped write some 40 Pappas is poised to lead this fine insti- faith, a love of family that constantly years ago as part of a committee for tution to new heights as he builds on showed itself in his conversations and the development of Mobile. He was Davenport University’s proud tradi- actions, a rich appreciation of the ex- proud of their work, and indeed their tion. ceptional nature of his country which concepts and vision are still valid With 14 campuses located across he had faithfully served for so many today. Michigan and an enrollment of more years, and a loyalty to his friends and His accomplishments are many. One than 12,000 students, Davenport Univer- church. of his most important was the critical sity is an important part of the edu- We were in the same Sunday School role he played in the ’growth and char- cational landscape of Michigan. With class for over 30 years. Ever positive acter of Ashland Place United Meth- his ‘‘Vision 2015,’’ Dr. Pappas has em- and welcoming, he was one of the con- odist Church for four decades. barked on an effort to reshape and stants—a rock really—that set the As a Southeastern Conference cham- sharpen the focus of the university. Vi- class’s tone and direction. This fellow- pion wrestler at Auburn, he dem- sion 2015 emphasizes academic pro- ship and spiritual journey meant much onstrated courage, strength, and dis- gramming, market position, and finan- to him and enriched his classmates. cipline. There are just two in the ring cial strength, three aspects critical to That on this day Brannon would and only one winner. He was a con- the success of a college or university. want no pomp and circumstance, there sistent winner. This is a comprehensive plan, one that can be no doubt. But, if it were done, I have come to understand the impor- will position Davenport University for he would say better it be done quickly, tance of our top civilian personnel at success for many years. and, importantly, honestly because he our military bases. Generals come and Throughout his career, Dr. Pappas was indeed an honest man. In fact, I go but able civilians keep the bases has proven to be a talented adminis- think he would want me to express his running. Our civilian leaders are cru- trator and leader in the field of higher love to all of you and to note—what we cial to our military’s success, and they education. Before assuming the presi- already know—that if his honesty had are promoted on merit and on perform- dency of Davenport University, Dr. offended anyone, he would ask pardon, ance. At Robbins Air Force Base, Pappas served as president of three shaking his head ruefully saying he Brannon led the avionics section that other institutions: National-Louis Uni- couldn’t help it, that was just the way consisted of some 2,300 personnel. A versity, Lake Michigan College, and he was made. place where errors are not allowed. Harford Community College. With Dr. In Sunday School class, he was a wise I visited him in the hospital, not long Pappas at the helm, Davenport Univer- and perceptive participant. He had after his heart surgery. I thought he sity will benefit from a leader that great spiritual depth, Scriptural looked good, and he felt confident. But brings more than three decades of expe- knowledge, and mature beliefs. He did Brannon was no Polyanna. He was a re- rience in higher education to this posi- not speak too often but when he had alist. His words and manner conveyed tion, including 20 years as the head of something to say, he said it—in plain that he well knew that he had had seri- an institution of higher education. words. Often his wit brought a burst of ous surgery, that nothing was guaran- This broad knowledge of the needs of laughter—usually because he had hit teed, and in the scheme of things life is students at both 4-year and 2-year in- the nail on the head. As Jesus might short—‘‘but a vapor’’ the Scripture stitutions will be especially helpful. say, ‘‘You are close to the kingdom, says. In addition to leading two institu- brother.’’ Importantly, those beliefs Daughter Ursula says later on during tions in Michigan, I am proud to say that he stated, he lived. his final illness, and as he weakened, that Dr. Pappas is a native Mary and I were honored to be among he knew the end was near and he was Michiganian. After growing up in his friends and were always pleased to at peace. Of that I have no doubt. See, Michigan, he earned his undergraduate have his invitation to his home in the he knew he had had a good life of fam- degree from Eastern Michigan Univer- woods when he hosted his storied ily and friends. He had done his best to sity and his master’s and doctoral de- church supper club. That was a special be true. He was confident in his salva- grees from the University of Michigan. time of food and fellowship, on his tion. He felt blessed. And right he was. He is committed to civic and commu- bridge, getting a tour of his work- So we celebrate honestly this re- nity endeavors, which is evidenced by shop—to be at ‘‘his place,’’ which he markable and good man: a champion his years of involvement in charitable had shared with his beloved Ursula, his and fearless wrestler; a great leader at organizations and civic boards. As a re- partner for 48 years, and to have a di- one of our Nation’s military bases; a

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2293 pillar of his church; a faithful and lov- maintained, and so the store contains Mr. Novotny, one of its reading clerks, ing husband; an example to all in love the original wood interior, several old announced that the House agrees to of family; a man of principles and con- tools, pictures of the original store, the amendments of the Senate to the viction; a man of courage, honesty, and and many of the notable antiques that bill (H.R. 4573) to urge the Secretary of honor; but humble, encouraging, and have made this institution so famous the Treasury to instruct the United loving. in the eyes of its clients. The store still States Executive Directors at the His values represent the highest and boasts its famous swinging doors, International Monetary Fund, the best of our faith, and of our Nation. His which have been standing for the past World Bank, the Inter-American Devel- family has received a great legacy— 73 years. opment Bank, and other multilateral which to their credit they fully recog- Thanks to the hard work and com- development institutions to use the nize—and we, his friends, a true lesson mitment of Mike Richardson, the new voice, vote, and influence of the United in how to live a ‘‘good’’ life. Varney’s Store hosted a friends and States to cancel immediately and com- Well done, good friend.∑ family night on February 20 to cele- pletely Haiti’s debts to such institu- f brate the grand reopening of this fa- tions, and for other purposes. RECOGNIZING VARNEY’S STORE mous locale, and the store was back in ENROLLED BILL SIGNED operation early the next morning, serv- At 6:59 p.m., a message from the ∑ Ms. SNOWE. Mr. President, we fre- ing breakfast to longtime customers House of Representatives, delivered by quently hear stories of small busi- who had awaited its return. Mrs. Cole, one of its reading clerks, an- nesses across our Nation that are For nearly three-quarters of a cen- nounced that the Speaker has signed struggling to survive, a trend which tury, Varney’s Store has offered the the following enrolled bill: has only been exacerbated by the people of Windsor and surrounding H.R. 4573. An act to urge the Secretary of present economic recession. Facing nu- towns the goods they need for everyday merous challenges, too many small the Treasury to instruct the United States living, but more significantly, it has Executive Directors at the International firms simply end up closing their provided them with a feeling of hospi- Monetary Fund, the World Bank, the Inter- doors. Yet fortunately, thanks to the tality. I thank Mrs. Varney for her nu- American Development Bank, and other generosity of one man, the story has a merous years of dedicated service to multilateral development institutions to use different ending for one small business make her store such a welcoming envi- the voice, vote, and influence of the United in my home State of Maine. Today I ronment. Additionally, the story of States to cancel immediately and com- honor Varney’s Store, a longstanding pletely Haiti’s debts to such institutions, Varney’s Store resurgence is exem- and for other purposes. fixture in the central Maine town of plary of how a neighbor’s kindness can Windsor, that recently reopened to the give hope to a family and an entire f approval of the store’s many loyal cus- community. It is through the compas- EXECUTIVE AND OTHER tomers. sionate and gracious deeds of Mike COMMUNICATIONS Shirley Varney has been running Richardson and his family that Varney’s Store, a traditional, family- The following communications were Varney’s Store has been refurbished laid before the Senate, together with owned convenience store at the corner and reopened, and I wish him and ev- of Routes 17 and 32 in Windsor, for the accompanying papers, reports, and doc- eryone at Varney’s Store much success uments, and were referred as indicated: past 73 years. Over these many years, as they aim to continue its tradition of EC–5336. A communication from the Chair- she has experienced times of terrible excellence.∑ burden and significant difficulty, such man of the Council of the District of Colum- as when her husband and business part- f bia, transmitting, pursuant to law, a report MESSAGES FROM THE PRESIDENT on D.C. Act 18–332, ‘‘Office on Latino Affairs ner sadly passed away 60 years ago. Ad- Grant-Making Authority Temporary Amend- ditionally, Mrs. Varney suffered a Messages from the President of the ment Act of 2010’’; to the Committee on stroke several years ago, which has left United States were communicated to Homeland Security and Governmental Af- her confined to a wheelchair. As a re- the Senate by Mr. Williams, one of his fairs. sult, it became difficult for Mrs. secretaries. EC–5337. A communication from the Chair- Varney to run her store, which she re- man of the Council of the District of Colum- f cently had to close. bia, transmitting, pursuant to law, a report The closing of Varney’s Store left a EXECUTIVE MESSAGES REFERRED on D.C. Act 18–333, ‘‘Rhode Island Place Shopping Center Working Group Temporary noticeable void in the community. Not As in executive session the Presiding Act of 2010’’; to the Committee on Homeland long after, Mike Richardson, a Maine Officer laid before the Senate messages Security and Governmental Affairs. State trooper and local patron of the from the President of the United EC–5338. A communication from the Chair- store for 35 years, stepped forward to States submitting sundry nominations man of the Council of the District of Colum- offer a helping hand. Mr. Richardson and a withdrawal which were referred bia, transmitting, pursuant to law, a report had developed a lengthy relationship to the appropriate committees. on D.C. Act 18–334, ‘‘Rent Administrator Hearing Authority Temporary Amendment with the Varney family through his pa- (The nominations received today are tronage of the store, and often came to Act of 2010’’; to the Committee on Homeland printed at the end of the Senate pro- Security and Governmental Affairs. Mrs. Varney’s aid throughout the ceedings.) EC–5339. A communication from the Chair- years. Displaying a true act of kind- f man of the Council of the District of Colum- ness, Mr. Richardson petitioned to be- bia, transmitting, pursuant to law, a report come Mrs. Varney’s legal guardian, MESSAGES FROM THE HOUSE on D.C. Act 18–335, ‘‘Legalization of Mari- committing to look after her and her ENROLLED BILL SIGNED juana for Medical Treatment Initiative Ap- son, who is also wheelchair bound. At 10:57 a.m., a message from the plicability Temporary Amendment Act of Furthermore, Mr. Richardson had the 2010’’; to the Committee on Homeland Secu- House of Representatives, delivered by rity and Governmental Affairs. desire to resurrect the fabled general Mrs. Cole, one of its reading clerks, an- store, and embarked on an ambitious EC–5340. A communication from the Chair- nounced that the Speaker has signed man of the Council of the District of Colum- plan to make significant renovations the following enrolled bill: bia, transmitting, pursuant to law, a report and reopen the establishment to its H.R. 4887. An act to amend the Internal on D.C. Act 18–336, ‘‘Real Property Tax Re- dedicated customers. Along with his Revenue Code of 1986 to ensure that health form Temporary Amendment Act of 2010’’; to son Corey, now the manager of the coverage provided by the Department of De- the Committee on Homeland Security and store, Mr. Richardson gutted and re- fense is treated as minimal essential cov- Governmental Affairs. vamped the inside, adding new and im- erage. EC–5341. A communication from the Chair- man of the Council of the District of Colum- proved hardware and furnishings. The The enrolled bill was subsequently duo also incorporated a brand new grill bia, transmitting, pursuant to law, a report signed by the President pro tempore on D.C. Act 18–337, ‘‘Healthy DC Equal Ac- area, tables, coolers, counters, and (Mr. BYRD). cess Fund and Hospital Stabilization Tem- restrooms, and added a new parking lot porary Amendment Act of 2010’’; to the Com- outside. Mr. Richardson insisted that At 4:55 p.m., a message from the mittee on Homeland Security and Govern- the unique character and ambiance be House of Representatives, delivered by mental Affairs.

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A communication from the Ad- porary Act of 2010’’; to the Committee on Senate in the Office of the President of the ministrator, Risk Management Agency, De- Homeland Security and Governmental Af- Senate on April 9, 2010; to the Committee on partment of Agriculture, transmitting, pur- fairs. Agriculture, Nutrition, and Forestry. suant to law, the report of a rule entitled EC–5343. A communication from the Chair- EC–5351. A communication from the Ad- ‘‘Common Crop Insurance Regulations; Basic man of the Council of the District of Colum- ministrator of the Fruit and Vegetable Pro- Provisions; and Various Crop Insurance Pro- bia, transmitting, pursuant to law, a report grams, Agricultural Marketing Service, De- visions’’ (RIN0563–AB96) received in the Of- on D.C. Act 18–339, ‘‘Energy Efficiency Fi- partment of Agriculture, transmitting, pur- fice of the President of the Senate on April nancing Temporary Act of 2010’’; to the Com- suant to law, the report of a rule entitled 13, 2010; to the Committee on Agriculture, mittee on Homeland Security and Govern- ‘‘Irish Potatoes Grown in Colorado; Relax- Nutrition, and Forestry. mental Affairs. ation of the Handling Regulation for Area EC–5359. A communication from the Under EC–5344. A communication from the Direc- No. 3’’ (Docket Nos. AMS–FV–08–0115; FV09– Secretary of Defense (Acquisition, Tech- tor of the Regulatory Management Division, 948–2 IFR) received during adjournment of nology and Logistics), transmitting, pursu- Office of Policy, Economics, and Innovation, the Senate in the Office of the President of ant to law, (98) Selected Acquisition Reports Environmental Protection Agency, transmit- the Senate on April 9, 2010; to the Committee (SARs) for the quarter ending December 31, ting, pursuant to law, the report of a rule en- on Agriculture, Nutrition, and Forestry. 2009; to the Committee on Armed Services. titled ‘‘Flutolanil; Pesticide Tolerances’’ EC–5352. A communication from the Ad- EC–5360. A communication from the Under (FRL No. 8817–9) received during adjourn- ministrator of the Fruit and Vegetable Pro- Secretary of Defense, transmitting a report ment of the Senate in the Office of the Presi- grams, Agricultural Marketing Service, De- on the approved retirement of Vice Admiral dent of the Senate on March 31, 2010; to the partment of Agriculture, transmitting, pur- Joseph Maguire, United States Navy, and his Committee on Agriculture, Nutrition, and suant to law, the report of a rule entitled advancement to the grade of vice admiral on Forestry. ‘‘Grapes Grown in a Designated Area of the retired list; to the Committee on Armed EC–5345. A communication from the Direc- Southeastern California and Imported Table Services. tor of the Regulatory Management Division, Grapes; Relaxation of Handling Require- EC–5361. A communication from the Under Office of Policy, Economics, and Innovation, ments’’ (Docket Nos. AMS–FV–09–0085; FV10– Secretary of Defense, transmitting a report Environmental Protection Agency, transmit- 925–1 IFR) received during adjournment of on the approved retirement of Vice Admiral ting, pursuant to law, the report of a rule en- the Senate in the Office of the President of Michael K. Loose, United States Navy, and titled ‘‘Thifensulfuron methyl; Pesticide the Senate on April 9, 2010; to the Committee his advancement to the grade of vice admiral Tolerances’’ (FRL No. 8818–9) received during on Agriculture, Nutrition, and Forestry. on the retired list; to the Committee on adjournment of the Senate in the Office of EC–5353. A communication from the Chief Armed Services. the President of the Senate on April 8, 2010; of Research and Analysis, Food and Nutri- EC–5362. A communication from the Under to the Committee on Agriculture, Nutrition, tion Services, Department of Agriculture, Secretary of Defense, transmitting a report and Forestry. transmitting, pursuant to law, the report of on the approved retirement of General EC–5346. A communication from the Direc- a rule entitled ‘‘Special Supplemental Nutri- Charles C. Campbell, United States Army, tor of the Regulatory Management Division, tion Program for Women, Infants and Chil- and his advancement to the grade of general Office of Policy, Economics, and Innovation, dren (WIC): Vendor Cost Containment’’ on the retired list; to the Committee on Environmental Protection Agency, transmit- (RIN0584–AD71) received during adjournment Armed Services. ting, pursuant to law, the report of a rule en- of the Senate in the Office of the President EC–5363. A communication from the Sec- titled ‘‘Kasugamycin; Pesticide Tolerances of the Senate on April 9, 2010; to the Com- retary of the Army, transmitting, pursuant for Emergency Exemptions’’ (FRL No. 8808–7) mittee on Agriculture, Nutrition, and For- to law, a report relative to the Program Ac- received during adjournment of the Senate estry. quisition Unit Cost and the Average Procure- in the Office of the President of the Senate EC–5354. A communication from the Ad- ment Unit Cost for the Longbow Apache on April 8, 2010; to the Committee on Agri- ministrator of the Fruit and Vegetable Pro- Block III (AB3) program exceeding the Ac- culture, Nutrition, and Forestry. grams, Agricultural Marketing Service, De- quisition Program Baseline values by more EC–5347. A communication from the Direc- partment of Agriculture, transmitting, pur- than 25 percent; to the Committee on Armed tor of the Regulatory Management Division, suant to law, the report of a rule entitled Services. Office of Policy, Economics, and Innovation, ‘‘Cranberries Grown in the States of Massa- EC–5364. A communication from the Sec- Environmental Protection Agency, transmit- chusetts, Rhode Island, Connecticut, New retary of the Army, transmitting, pursuant ting, pursuant to law, the report of a rule en- Jersey, Wisconsin, Michigan, Minnesota, Or- to law, a report relative to the man-portable titled ‘‘Alkyl (C12–C16) Dimethyl Ammonio egon, Washington, and Long Island in the and vehicle mounted guided missile systems Acetate; Exemption from the Requirement State of New York; Revised Nomination and to replace the current Javelin and Tube- of a Tolerance’’ (FRL No. 8816–5) received Balloting Procedures’’ (Docket Nos. AMS– launched, Optically tracked, Wire-guided during adjournment of the Senate in the Of- FV–09–0070; FV09–929–1 FR) received in the missile (TOW) systems; to the Committee on fice of the President of the Senate on April Office of the President of the Senate on April Armed Services. 8, 2010; to the Committee on Agriculture, Nu- 13, 2010; to the Committee on Agriculture, EC–5365. A communication from the Assist- trition, and Forestry. Nutrition, and Forestry. ant Secretary of Defense (Reserve Affairs), EC–5348. A communication from the Ad- EC–5355. A communication from the Ad- transmitting, pursuant to law, the 2009 an- ministrator, Agricultural Marketing Serv- ministrator of the Fruit and Vegetable Pro- nual report relative to the STARBASE Pro- ice, Department of Agriculture, transmit- grams, Agricultural Marketing Service, De- gram; to the Committee on Armed Services. ting, pursuant to law, the report of a rule en- partment of Agriculture, transmitting, pur- EC–5366. A communication from the Under titled ‘‘Changes in Hourly Fee Rates for suant to law, the report of a rule entitled Secretary of Defense (Personnel and Readi- Science and Technology Laboratory Serv- ‘‘U.S. Honey Producer Research, Promotion, ness), Department of Defense, transmitting, ices—Fiscal Years 2010–2012’’ (Docket No. and Consumer Information Order; Ref- pursuant to law, a report relative to activi- AMS–ST–09–0016) received during adjourn- erendum Procedures’’ (Docket Nos. AMS– ties under the Secretary’s personnel management of the Senate in the Office of the Presi- FV–07–0091; FV–07–706 FR) received in the Of- ment demonstration project authorities for dent of the Senate on April 9, 2010; to the fice of the President of the Senate on April Department of Defense Science and Tech- Committee on Agriculture, Nutrition, and 13, 2010; to the Committee on Agriculture, nology Reinvention Laboratories; to the Forestry. Nutrition, and Forestry. Committee on Armed Services. EC–5349. A communication from the Ad- EC–5356. A communication from the Chief EC–5367. A communication from the Assist- ministrator of the Fruit and Vegetable Pro- of Research and Analysis, Food and Nutri- ant Secretary of Defense (Special Oper- grams, Agricultural Marketing Service, De- tion Services, Department of Agriculture, ations/Low-Intensity Conflict and Inter- partment of Agriculture, transmitting, pur- transmitting, pursuant to law, the report of dependent Capabilities), Department of De- suant to law, the report of a rule entitled a rule entitled ‘‘Child and Adult Care Food fense, transmitting, pursuant to law, a re- ‘‘Nectarines and Peaches Grown in Cali- Program: At-Risk Afterschool Meals in Eli- port relative to the training of the U.S. Spe- fornia; Changes in Handling Requirements gible States’’ (RIN0584–AD15) received in the cial Operations Forces with friendly foreign for Fresh Nectarines and Peaches’’ (Docket Office of the President of the Senate on April forces during fiscal year 2009; to the Com- Nos. AMS–FV–09–0090; FV10–916/917–1 IFR) re- 13, 2010; to the Committee on Agriculture, mittee on Armed Services. ceived during adjournment of the Senate in Nutrition, and Forestry. EC–5368. A communication from the Regu- the Office of the President of the Senate on EC–5357. A communication from the Ad- latory Specialist, Office of the Comptroller April 9, 2010; to the Committee on Agri- ministrator, Risk Management Agency, De- of the Currency, Department of the Treas- culture, Nutrition, and Forestry. partment of Agriculture, transmitting, pur- ury, transmitting, pursuant to law, the re- EC–5350. A communication from the Con- suant to law, the report of a rule entitled port of a rule entitled ‘‘Freedom of Informa- gressional Review Coordinator, Animal and ‘‘Common Crop Insurance Regulations; Flor- tion Act’’ (RIN1557–AD22) received in the Of- Plant Health Inspection Service, Department ida Avocado Crop Insurance Provisions’’ fice of the President of the Senate on April

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12, 2010; to the Committee on Banking, Hous- certain dependents under the age of 26; to RAY, Mr. NELSON of Nebraska, Mr. ing, and Urban Affairs. the Committee on Armed Services. NELSON of Florida, Mr. PRYOR, Mr. EC–5369. A communication from the Direc- By Mr. LUGAR (for himself and Mr. REED, Mr. RISCH, Mr. ROBERTS, Mr. tor, Financial Crimes Enforcement Network, LEAHY): ROCKEFELLER, Mr. SANDERS, Mr. Department of the Treasury, transmitting, S. 3202. A bill to promote the strength- SCHUMER, Mr. SESSIONS, Mrs. pursuant to law, the report of a rule entitled ening of the Haitian private sector; to the SHAHEEN, Mr. SHELBY, Ms. SNOWE, ‘‘Financial Crimes Enforcement Network; Committee on Foreign Relations. Mr. SPECTER, Ms. STABENOW, Mr. Amendment to the Bank Secrecy Act Regu- By Mr. VITTER: TESTER, Mr. THUNE, Mr. UDALL of lations; Defining Mutual Funds as Financial S. 3203. A bill to extend the National Flood Colorado, Mr. UDALL of New Mexico, Institutions’’ (RIN1506–AA93) received during Insurance Program through May 31, 2010; to Mr. VITTER, Mr. WARNER, Mr. WEBB, adjournment of the Senate in the Office of the Committee on Banking, Housing, and Mr. WHITEHOUSE, Mr. WICKER, and the President of the Senate on April 9, 2010; Urban Affairs. Mr. WYDEN): to the Committee on Banking, Housing, and By Mr. BROWN of Ohio: S. Res. 479. A resolution expressing sym- Urban Affairs. S. 3204. A bill to authorize the Secretary of pathy for the people of Poland in the after- EC–5370. A communication from the Chief Education to award grants to improve access math of the devastating plane crash that Counsel, Federal Emergency Management to, sharing of, and use of, education data to killed the country’s President, First Lady, Agency, Department of Homeland Security, improve student outcomes, and for other and 94 other high ranking government, mili- transmitting, pursuant to law, the report of purposes; to the Committee on Health, Edu- tary, and civic leaders of April 10, 2010; con- a rule entitled ‘‘Final Flood Elevation Deter- cation, Labor, and Pensions. sidered and agreed to. minations’’ ((44 CFR Part 67)(Docket No. By Mr. SCHUMER (for himself, Mr. By Mr. GREGG (for himself, Mr. FEMA–2010–0003)) received during adjourn- MENENDEZ, Mr. LAUTENBERG, Mrs. MCCONNELL, Mr. BENNETT, Mr. ment of the Senate in the Office of the Presi- LINCOLN, Mrs. SHAHEEN, Ms. BROWNBACK, Ms. COLLINS, Mr. dent of the Senate on April 8, 2010; to the KLOBUCHAR, Mr. CARDIN, Mr. BEGICH, LIEBERMAN, and Mr. LEAHY): Committee on Banking, Housing, and Urban Mrs. MCCASKILL, Mr. LEAHY, Mr. S. Res. 480. A resolution condemning the Affairs. HARKIN, and Mr. SANDERS): continued detention of Burmese democracy EC–5371. A communication from the Assist- S. 3205. A bill to amend the Internal Rev- leader Daw Aung San Suu Kyi and calling on ant Secretary, Department of the Treasury, enue Code of 1986 to provide that fees the military regime in Burma to permit a transmitting, pursuant to law, a report rel- charged for baggage carried into the cabin of credible and fair election process and the ative to the acquisition of articles, mate- an aircraft are subject to the excise tax im- transition to civilian, democratic rule; to rials, and supplies manufactured outside of posed on transportation of persons by air; to the Committee on Foreign Relations. the United States; to the Committee on the Committee on Finance. By Mr. AKAKA (for himself, Mr. Banking, Housing, and Urban Affairs. By Mr. HARKIN (for himself, Mrs. VOINOVICH, Mr. LIEBERMAN, Ms. COL- EC–5372. A communication from the Chair- BOXER, Mr. BEGICH, Mr. BINGAMAN, LINS, Mr. LEVIN, Mr. CARPER, Mr. man and President of the Export-Import Mr. BROWN of Ohio, Mr. BURRIS, Mr. LAUTENBERG, Mr. BURRIS, and Mr. Bank, transmitting, pursuant to law, a re- DODD, Mr. DURBIN, Mr. FRANKEN, KAUFMAN): port relative to transactions involving U.S. Mrs. GILLIBRAND, Mr. KERRY, Mr. S. Res. 481. A resolution expressing the exports to the Kingdom of Morocco; to the LAUTENBERG, Mr. MERKLEY, Ms. MI- sense of the Senate that public servants Committee on Banking, Housing, and Urban KULSKI, Mrs. MURRAY, Mr. SCHUMER, should be commended for their dedication Affairs. and Ms. STABENOW): and continued public service to the Nation f S. 3206. A bill to establish an Education during Public Service Recognition Week, Jobs Fund; to the Committee on Health, May 3 through 9, 2010; to the Committee on INTRODUCTION OF BILLS AND Education, Labor, and Pensions. Homeland Security and Governmental Af- JOINT RESOLUTIONS By Mr. MENENDEZ (for himself, Mrs. fairs. GILLIBRAND, and Mrs. MURRAY): By Ms. KLOBUCHAR (for herself and The following bills and joint resolu- S. 3207. A bill to protect victims of crime Mr. BURR): tions were introduced, read the first or serious labor violations from deportation S. Res. 482. A resolution designating April and second times by unanimous con- during Department of Homeland Security en- 2010 as ‘‘National 9-1-1 Education Month’’; sent, and referred as indicated: forcement actions, and for other purposes; to considered and agreed to. By Mr. FEINGOLD: the Committee on the Judiciary. By Mr. LEMIEUX (for himself, Mr. RISCH, and Mr. DEMINT): S. 3197. A bill to require a plan for the safe, f orderly, and expeditious redeployment of S. Con. Res. 57. A concurrent resolution es- United States Armed Forces from Afghani- SUBMISSION OF CONCURRENT AND tablishing an expedited procedure for consid- stan; to the Committee on Foreign Rela- SENATE RESOLUTIONS eration of a bill returning spending levels to 2007 levels; to the Committee on the Budget. tions. The following concurrent resolutions By Mr. NELSON of Nebraska: f S. 3198. A bill to provide that Members of and Senate resolutions were read, and Congress shall not receive a cost of living ad- referred (or acted upon), as indicated: ADDITIONAL COSPONSORS justment in pay during fiscal year 2011; to By Mr. DURBIN (for himself, Mr. S. 379 the Committee on Homeland Security and JOHANNS, Mr. KERRY, Ms. MIKULSKI, At the request of Mr. LEAHY, the Governmental Affairs. Mr. VOINOVICH, Mr. BROWN of Ohio, By Ms. SNOWE (for herself and Mr. Mr. CARDIN, Mr. REID, Mr. MCCON- name of the Senator from Illinois (Mr. HARKIN): NELL, Mr. KYL, Mr. AKAKA, Mr. ALEX- DURBIN) was added as a cosponsor of S. S. 3199. A bill to amend the Public Health ANDER, Mr. BARRASSO, Mr. BAUCUS, 379, a bill to provide fair compensation Service Act regarding early detection, diag- Mr. BAYH, Mr. BEGICH, Mr. BENNET, to artists for use of their sound record- nosis, and treatment of hearing loss; to the Mr. BENNETT, Mr. BINGAMAN, Mr. ings. Committee on Health, Education, Labor, and BOND, Mrs. BOXER, Mr. BROWN of Mas- S. 484 Pensions. sachusetts, Mr. BROWNBACK, Mr. EINSTEIN By Mrs. GILLIBRAND: BUNNING, Mr. BURR, Mr. BURRIS, Mr. At the request of Mrs. F , the S. 3200. A bill to designate the facility of BYRD, Ms. CANTWELL, Mr. CARPER, name of the Senator from Washington the United States Postal Service located at Mr. CASEY, Mr. CHAMBLISS, Mr. (Mrs. MURRAY) was added as a cospon- 23 Genesee Street in Hornell, New York, as COBURN, Mr. COCHRAN, Ms. COLLINS, sor of S. 484, a bill to amend title II of the ‘‘Zachary Smith Post Office Building’’; Mr. CONRAD, Mr. CORKER, Mr. the Social Security Act to repeal the to the Committee on Homeland Security and CORNYN, Mr. CRAPO, Mr. DEMINT, Mr. Government pension offset and wind- Governmental Affairs. DODD, Mr. DORGAN, Mr. ENSIGN, Mr. fall elimination provisions. By Mr. UDALL of Colorado (for him- ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, S. 704 self, Mr. BEGICH, Mrs. MCCASKILL, Mr. FRANKEN, Mrs. GILLIBRAND, Mr. Ms. LANDRIEU, Mr. WARNER, Mr. NEL- GRAHAM, Mr. GRASSLEY, Mr. GREGG, At the request of Mr. HARKIN, the SON of Nebraska, Mr. BENNET, Mr. Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, names of the Senator from Idaho (Mr. LEAHY, Ms. MIKULSKI, Mrs. MURRAY, Mrs. HUTCHISON, Mr. INHOFE, Mr. CRAPO) and the Senator from Montana Mr. KERRY, Mr. BAYH, Ms. INOUYE, Mr. ISAKSON, Mr. JOHNSON, (Mr. TESTER) were added as cosponsors KLOBUCHAR, Mrs. LINCOLN, Mr. Mr. KAUFMAN, Ms. KLOBUCHAR, Mr. of S. 704, a bill to direct the Comp- CASEY, Mr. MENENDEZ, Mr. CARDIN, KOHL, Ms. LANDRIEU, Mr. LAUTEN- troller General of the United States to Mr. BROWN of Ohio, Mr. SANDERS, Mr. BERG, Mr. LEAHY, Mr. LEMIEUX, Mr. LAUTENBERG, Mr. WHITEHOUSE, and LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, conduct a study on the use of Civil Air Mr. DURBIN): Mr. LUGAR, Mr. MCCAIN, Mrs. Patrol personnel and resources to sup- S. 3201. A bill to amend title 10, United MCCASKILL, Mr. MENENDEZ, Mr. port homeland security missions, and States Code, to extend TRICARE coverage to MERKLEY, Ms. MURKOWSKI, Mrs. MUR- for other purposes.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2296 CONGRESSIONAL RECORD — SENATE April 14, 2010 S. 752 S. 2925 our military involvement in Afghani- At the request of Mr. DURBIN, the At the request of Mr. WYDEN, the stan, I commend the President for set- name of the Senator from Delaware name of the Senator from Washington ting a start-date for redeployment, (Mr. KAUFMAN) was added as a cospon- (Ms. CANTWELL) was added as a cospon- namely July 2011. Our allies have stat- sor of S. 752, a bill to reform the fi- sor of S. 2925, a bill to establish a grant ed that it has helped ‘‘focus the minds’’ nancing of Senate elections, and for program to benefit victims of sex traf- of our partners in Afghanistan and other purposes. ficking, and for other purposes. around the world. Having a start date S. 891 S. 3031 is essential, but alone it is insuffi- At the request of Mr. BROWNBACK, the At the request of Mr. LEAHY, the cient—it should be accompanied by an name of the Senator from Pennsyl- name of the Senator from New York end date, too. The President should vania (Mr. SPECTER) was added as a co- (Mr. SCHUMER) was added as a cospon- convey to the American and Afghan sponsor of S. 891, a bill to require an- sor of S. 3031, a bill to authorize Drug people how long he anticipates it will nual disclosure to the Securities and Free Communities enhancement grants take to complete his military objec- Exchange Commission of activities in- to address major emerging drug issues tives. So long as our large-scale mili- volving columbite—tantalite, cas- or local drug crises. tary presence remains open-ended, al Qaeda will have a valuable recruiting siterite, and wolframite from the S. 3106 Democratic Republic of Congo, and for tool and our partners in Afghanistan At the request of Mrs. HAGAN, the will have an incentive to take the back other purposes. names of the Senator from New Mexico S. 1055 seat, leaving U.S. troops and U.S. tax- (Mr. BINGAMAN) and the Senator from At the request of Mrs. BOXER, the payers on the hook. Minnesota (Ms. KLOBUCHAR) were added As our own ambassador to Afghani- name of the Senator from Idaho (Mr. as cosponsors of S. 3106, a bill to au- RISCH) was added as a cosponsor of S. stan has reportedly stated, sending thorize States to exempt certain non- more troops for an indefinite period of 1055, a bill to grant the congressional profit housing organizations from the gold medal, collectively, to the 100th time will only increase Afghan depend- licensing requirements of the S.A.F.E. ency upon the international commu- Infantry Battalion and the 442nd Regi- Mortgage Licensing Act of 2008. mental Combat Team, United States nity, exacerbate misconceptions about S. 3195 Army, in recognition of their dedicated why we are there and further enable service during World War II. At the request of Mr. CARDIN, the Afghan leadership to shun responsi- name of the Senator from New York S. 1674 bility. I do not know what led the am- (Mr. SCHUMER) was added as a cospon- bassador to ultimately endorse the At the request of Mr. WYDEN, the sor of S. 3195, a bill to prohibit air car- name of the Senator from Massachu- open-ended commitment of additional riers from charging fees for carry-on troops, but I believe his concerns re- setts (Mr. KERRY) was added as a co- baggage and to require disclosure of sponsor of S. 1674, a bill to provide for main valid today. Indeed, President passenger fees, and for other purposes. an exclusion under the Supplemental Karzai’s recent statements before a va- Security Income program and the Med- f riety of audiences only raise more icaid program for compensation pro- STATEMENTS ON INTRODUCED questions about his willingness to take vided to individuals who participate in BILLS AND JOINT RESOLUTIONS the necessary steps to address corrup- clinical trials for rare diseases or con- tion and security. By Mr. FEINGOLD: This bill does not itself set a specific ditions. S. 3197. A bill to require a plan for date for the withdrawal of U.S. troops. S. 1743 the safe, orderly, and expeditious rede- Rather, it requires the President to set At the request of Mrs. LINCOLN, the ployment of United States Armed a timeline by which the redeployment name of the Senator from South Da- Forces from Afghanistan; to the Com- of U.S. troops will be completed and to kota (Mr. JOHNSON) was added as a co- mittee on Foreign Relations. identify what variables, if any, would sponsor of S. 1743, a bill to amend the Mr. FEINGOLD. Mr. President, today warrant the alteration of that Internal Revenue Code of 1986 to ex- I am introducing legislation that would timeline. While the President has set pand the rehabilitation credit, and for require the President to establish a detailed objectives and metrics for Af- other purposes. flexible timetable for the responsible ghanistan, many of our objectives are S. 2781 drawdown of U.S. troops from Afghani- dependent upon the conduct of officials At the request of Ms. MIKULSKI, the stan. Rep. MCGOVERN and Rep. JONES in the Afghan and Pakistani govern- name of the Senator from Illinois (Mr. are also introducing companion legisla- ments, both of which have been unreli- BURRIS) was added as a cosponsor of S. tion in the House. able partners for many years. We must 2781, a bill to change references in Fed- This bicameral, bipartisan legisla- make clear to our partners in both eral law to mental retardation to ref- tion would make clear our timeframe countries that our support is not un- erences to an intellectual disability, and our intention to focus on a global conditional and that we will not con- and to change references to a mentally counterterrorism strategy that is es- tinue to bear the burden of our current retarded individual to references to an sential to our efforts to combat al military deployment indefinitely. individual with an intellectual dis- Qaeda. As we were reminded again by Some of my colleagues have sug- ability. the nearly successful attack on Christ- gested that we should give the Presi- S. 2882 mas day, al Qaeda is an agile enemy dent’s new strategy in Afghanistan a At the request of Mr. KERRY, the with affiliates operating and recruiting ‘‘chance’’ to succeed. After over eight name of the Senator from Washington around the world. Sending more U.S. years of war, after so many lost lives (Mrs. MURRAY) was added as a cospon- troops to Afghanistan this year will and hundreds of billions of dollars sor of S. 2882, a bill to amend the Inter- not help us deter or thwart attacks by spent, I think we need to ask ourselves nal Revenue Code of 1986 to modify the al Qaeda’s increasingly dangerous re- instead to consider whether an open- rules relating to the treatment of indi- gional affiliates, nor will it eliminate ended military presence makes sense. viduals as independent contractors or al Qaeda’s safe haven in Pakistan. The To me, that answer is clearly ‘‘No.’’ We employees, and for other purposes. costly, military-centric, nation-build- will be putting at risk the lives of S. 2919 ing campaign currently underway in 100,000 U.S. troops and spending tens of At the request of Mr. UDALL of Colo- Afghanistan is unsustainable, unreal- billions of dollars on a military effort rado, the name of the Senator from Ne- istic and unnecessary for our counter- that is neither necessary for the na- braska (Mr. NELSON) was added as a co- terrorism goals. tional security imperative of pursuing sponsor of S. 2919, a bill to amend the This bill would require the President al Qaeda’s global network, nor likely Federal Credit Union Act to advance to set a timetable for drawing down to succeed in remaking the situation the ability of credit unions to promote our forces in Afghanistan and identify on the ground in Afghanistan to a small business growth and economic any variables that would require an ex- meaningful extent. development opportunities, and for tension of that timetable. While I am Addressing the threat from al Qaeda other purposes. disappointed by his decision to expand and its affiliates around the world

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2297 must be our top national security pri- bility in Afghanistan from spreading oly over the use of violence by ority. The attempted terrorist attack into Pakistan. I, too, am concerned partnering with—in Gen. McChrystal’s on Christmas Day serves as a reminder about instability in Pakistan, but I words—‘‘polarizing and predatory’’ that we have not put adequate re- strongly disagree that sending troops powerbrokers. We have turned a blind sources into this priority, especially in to Afghanistan has helped or will im- eye to corruption and human rights safe havens such as Yemen. We are prove the situation. According to our abuses. If we get serious about these spending in Yemen only a tiny of a intelligence community, instability in issues, it will do more to stabilize the fraction of what we are spending in Af- Pakistan is driven primarily by poor situation than anything we can accom- ghanistan even though, according to governance and lack of socioeconomic plish by conducting military oper- the President’s top terrorism advisor, reform in Pakistan. Even if we increase ations. After so many years in which ‘‘al Qaeda has several hundred mem- stability in Afghanistan, Pakistan re- our military efforts have been short- bers in Yemen.’’ We need major adjust- mains at risk if these issues are not ad- changed by the focus on Iraq, we can- ments in our global counter-terrorism dressed. We must convey to those in not simply turn back the clock and as- strategy if we hope to defeat our Pakistan who support reform that they sume that what may have been achiev- enemy. Rather than investing a dis- have our long-term support. That able militarily in Afghanistan years proportionate amount of our resources doesn’t mean spending many billions of ago is still achievable today. in Afghanistan, where al Qaeda has a dollars for several years on military Even if my colleagues support the minimal presence, we need to shift re- operations in Afghanistan. It means President’s strategy in Afghanistan, sources to the urgent need of pursuing making a sustainable commitment to they should acknowledge the need to al Qaeda’s global network. reforms in Pakistan. set a goal for when it should be We do not need to maintain a mas- We have to be realistic about our brought to a close. While I have serious sive military presence in Afghanistan goals in Afghanistan. Without a legiti- doubts about the wisdom of the current in order to prevent al Qaeda from hav- mate Afghan partner, our tactical vic- approach, as I have explained, and ing freedom of movement in that coun- tories will likely be squandered. We about pursuing an expansive nation- try. Instead, we need a sustainable may build outposts throughout building agenda in the face of the eco- counter-terrorism strategy for the re- Helmand and Kandahar but this has nomic problems facing our own coun- gion that will also enable us to target little meaning if we are unable to dis- try and the rising casualty rates in Af- any members of al Qaeda that make tinguish friend from foe and the ghanistan, this bill does not dictate a the mistake of returning. Drawing Taliban is able to maintain shadow particular strategy for Afghanistan. down U.S. troops from Afghanistan and structures throughout the region. It Rather, it simply requires the Presi- better investing some of the billions does no good to ‘‘clear’’ an area of in- dent to inform the American people needed to support them there would surgents to be held by the Afghan po- about how long his military strategy is allow us to increase our ability to pur- lice if the police are perceived to be expected to take. sue al Qaeda as it continues to estab- corrupt or unreliable. Nor can military I urge my colleagues to support this bill. lish footholds in other locations around operations address the sense of alien- the world. ation among the population in the By Mr. UDALL of Colorado (for I also continue to be concerned that South. himself, Mr. BEGICH, Mrs. our massive military presence in Af- Indeed, such operations may actually MCCASKILL, Ms. LANDRIEU, Mr. ghanistan has a destabilizing effect, undermine long-term stability as they WARNER, Mr. NELSON of Ne- both there and in Pakistan, and that contribute, despite our best efforts, to braska, Mr. BENNET, Mr. LEAHY, our current strategy is overly depend- civilian casualties. In regards to cas- Ms. MIKULSKI, Mrs. MURRAY, ent on actions by these two partners ualties from operations related to Mr. KERRY, Mr. BAYH, Ms. that have often proved unreliable. As things like checkpoints and convoys, KLOBUCHAR, Mrs. LINCOLN, Mr. our own ambassador reportedly noted, for example, Gen. McChrystal recently CASEY, Mr. MENENDEZ, Mr. the last time we substantially in- acknowledged that ‘‘[w]e’ve shot an CARDIN, Mr. BROWN of Ohio, Mr. creased forces in Afghanistan, namely amazing number of people and killed a SANDERS, Mr. LAUTENBERG, Mr. the deployment of 33,000 additional number and, to my knowledge, none WHITEHOUSE, and Mr. DURBIN): troops in 2008 and 2009, overall violence ha[ve] proven to have been a real S. 3201. A bill to amend title 10, and instability increased. threat to the force.’’ This only rein- United States Code, to extend Our troop presence in Afghanistan forces the image of the United States TRICARE coverage to certain depend- has also provoked greater militancy. as a hostile, occupying force. ents under the age of 26; to the Com- The reality is, our presence has driven Rather than spending $100 billion in mittee on Armed Services. militants across the border into Paki- Afghanistan in one year, primarily on Mr. UDALL of Colorado. Mr. Presi- stan, and may be driving militant military operations, it would be far dent, I rise to speak about health in- groups which normally have tense rela- better to make a sustainable commit- surance reform. I wanted to remind all tionships closer together, compro- ment to this country. Long-term, grad- of us that last month we successfully mising our ability to divide al Qaeda ual change is far more realistic than passed health insurance reform, upon from its hosts in Pakistan. attempts to radically transform Af- which I think we will have a very Furthermore, our current military ghan society at the point of a gun, es- strong foundation to build, improve, strategy is unlikely to succeed in the pecially when we have lost the support and strengthen access to health care face of the ongoing safe haven in Paki- of key sections of the population. We all across America. stan. The Director of National Intel- must also prioritize efforts to promote Throughout the long and critically ligence recently testified that unless the rule of law. Without the rule of important debate on how best to fix the Taliban’s safe haven in Pakistan law, our development efforts are vul- our system, I came to the floor on ‘‘. . . is greatly diminished, the nerable to waste, fraud and abuse and many occasions, as did the Presiding Taliban insurgency can survive defeats will further feed into the corruption Officer and a lot of my freshman Sen- in Afghanistan.’’ He went on to state that is alienating the population from ators, to discuss the need for reform. I that ‘‘Islamabad has maintained rela- the government. Indeed, Secretary believe the bill that President Obama tionships with other Taliban-associ- Clinton has testified that ‘‘siphoning signed into law will help struggling ated groups that support and conduct off contractual money from the inter- Colorado families and hopefully our operations against U.S. and ISAF national community . . . [is] a major struggling economy as well. forces in Afghanistan.’’ Until this sanc- source of funding for the Taliban.’’ So I think you and I agree there is a tuary problem is fully addressed, any For too long, we have prioritized lot of work left to be done, and no bill gains from sending additional U.S. short term security goals at the ex- of this magnitude and importance is forces may be fleeting. pense of the rule of law. We have perfect. To implement this new law is a Some have argued that we must pur- prioritized quantity over quality in the major undertaking that will require us sue an open-ended military campaign Afghan National Security Forces. We in the Congress to revisit and improve in Afghanistan if only to prevent insta- have compromised the state’s monop- upon what we have already done.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2298 CONGRESSIONAL RECORD — SENATE April 14, 2010 In that spirit, I come to the Senate sponsoring this important piece of leg- Whereas more than 9,000,000 Americans of floor to introduce a bill that I believe islation. Polish descent now reside in the United is a great way to start making those I sit on the Armed Services Com- States, bringing vitality to major metropoli- improvements. I thank Senators mittee in the Senate, and I served on tan areas such as Chicago, Detroit, and New York City; BEGICH and MCCASKILL for working the Armed Services Committee in the Whereas Polish-Americans have been lead- with me to develop a bill, and Senator House. I would like to think I learned ers in all walks of American life; MIKULSKI for her hard work and energy how to spot a good deal for our Na- Whereas the American people stood in sup- and support as well. tion’s soldiers and their families, and port of the Solidarity movement as it fought Our legislation is entitled ‘‘The this is a good deal. against the oppression of the communist TRICARE Dependent Coverage Exten- Again, I would encourage all 100 Sen- government of Poland through peaceful sion Act.’’ It would help fulfill this im- ators to consider joining us in this im- means, eventually leading to Solidarity portant, straightforward, cost-efficient members being elected to office in open portant goal of the health insurance re- democratic elections held on June 4, 1989, form that the Presiding Officer and I idea that I am presenting today. events that helped spark the movement to support; that is, giving young adults f democracy throughout eastern Europe; the opportunity to remain on their par- Whereas Poland joined the North Atlantic ents’ health care plan until the age of SUBMITTED RESOLUTIONS Treaty Organization (NATO) in 1999, joined 26. the European Union in 2004, and has contrib- Young adults across our country are uted to United States and NATO operations struggling to enter the job market as SENATE RESOLUTION 479—EX- in Iraq and Afghanistan; Whereas Poland has enjoyed a thriving and we get our economy back on track, and PRESSING SYMPATHY FOR THE PEOPLE OF POLAND IN THE prosperous free market democracy since the this legislation will ensure that the AFTERMATH OF THE DEV- end of the Cold War; families of our military servicemem- Whereas the President of Poland Lech ASTATING PLANE CRASH THAT bers are not left behind when this ben- Kaczynski and 95 other people, including Po- KILLED THE COUNTRY’S PRESI- efit goes into effect later this year for land’s First Lady, the deputy foreign min- DENT, FIRST LADY, AND 94 millions of civilian families and their ister, dozens of members of Parliament, the OTHER HIGH RANKING GOVERN- children. chiefs of the army and navy, and the presi- MENT, MILITARY, AND CIVIC dent of the national bank, were tragically Currently, the TRICARE Program, LEADERS ON APRIL 10, 2010 killed in a plane crash in western Russia on which provides health insurance for April 10, 2010; military servicemembers, retirees, and Mr. DURBIN (for himself, Mr. Whereas President Kaczynski and his col- their families, covers children up to JOHANNS, Mr. KERRY, Ms. MIKULSKI, leagues were traveling to Katyn, Russia for a the age of 21, or in some cases up to the Mr. VOINOVICH, Mr. BROWN of Ohio, Mr. memorial service to mark the 70th anniver- age of 23 if they are full-time college CARDIN, Mr. REID, Mr. MCCONNELL, Mr. sary of the Soviet secret police killing of students. KYL, Mr. AKAKA, Mr. ALEXANDER, Mr. more than 20,000 Polish officers, prisoners, The TRICARE Dependent Coverage BARRASSO, Mr. BAUCUS, Mr. BAYH, Mr. and intellectuals who were captured after BEGICH, Mr. BENNET, Mr. BENNETT, Mr. the Soviet Union invaded Poland in 1939; Extension Act will give young adults of Whereas Anna Walentynowicz, the former BINGAMAN, Mr. BOND, Mrs. BOXER, Mr. these military families who have not dock worker whose firing in 1980 sparked the been able to find health care insurance BROWN of Massachusetts, Mr. Solidarity strike that ultimately overthrew through an employer the opportunity BROWNBACK, Mr. BUNNING, Mr. BURR, the communist government of Poland, was to pay a reasonable premium and re- Mr. BURRIS, Mr. BYRD, Ms. CANTWELL, also killed in the crash; main covered until their 26th birthday Mr. CARPER, Mr. CASEY, Mr. Whereas Ryszard Kaczorowski, who served on their parents’ plan. CHAMBLISS, Mr. COBURN, Mr. COCHRAN, as Poland’s final president in exile before the country’s return to democracy, also perished Health reform, I think we agree, is Ms. COLLINS, Mr. CONRAD, Mr. CORKER, Mr. CORNYN, Mr. CRAPO, Mr. DEMINT, in the crash; meant to ensure that all Americans Whereas Chicago suffered the loss of a re- Mr. DODD, Mr. DORGAN, Mr. ENSIGN, Mr. have access to affordable health care spected artist when Wojciech Seweryn, coverage. I cannot think of any of our ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, whose father was killed in Katyn, died in the countrymen more deserving of the Mr. FRANKEN, Mrs. GILLIBRAND, Mr. crash; peace of mind envisioned by this new GRAHAM, Mr. GRASSLEY, Mr. GREGG, Whereas Mr. Seweryn recently completed a law than members of our Armed Forces Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, memorial to the victims of Katyn at St. Mrs. HUTCHISON, Mr. INHOFE, Mr. Adalbert Cemetery in Niles, Illinois, which and their families. President Kaczynski planned to visit in May; They, in countries all over the world, INOUYE, Mr. ISAKSON, Mr. JOHNSON, Mr. KAUFMAN, Ms. KLOBUCHAR, Mr. KOHL, Whereas President Barack Obama said, the make tremendous sacrifices every day ‘‘loss is devastating to Poland, to the United Ms. LANDRIEU, Mr. LAUTENBERG, Mr. for our Nation. I think it is over 60 dif- States, and to the world. President ferent countries that we have service- LEAHY, Mr. LEMIEUX, Mr. LEVIN, Mr. Kaczynski was a distinguished statesman LIEBERMAN, Mrs. LINCOLN, Mr. LUGAR, members serving around the world. who played a key role in the Solidarity Mr. MCCAIN, Mrs. MCCASKILL, Mr. They deserve benefits that will keep movement, and he was widely admired in the MENENDEZ, Mr. MERKLEY, Ms. MUR- them healthy and secure. United States as a leader dedicated to ad- KOWSKI, Mrs. MURRAY, Mr. NELSON of vancing freedom and human dignity.’’; In addition to the three Senators I Nebraska, Mr. NELSON of Florida, Mr. Whereas Former Solidarity leader and ex- mentioned, BEGICH, MCCASKILL, and PRYOR, Mr. REED, Mr. RISCH, Mr. ROB- president Lech Walesa said, ‘‘Today, we lost MIKULSKI, there are 19 of our Demo- part of our intellectual elite in a plane crash. ERTS, Mr. ROCKEFELLER, Mr. SANDERS, cratic colleagues who have also joined It will take a long time until the wounds of Mr. SCHUMER, Mr. SESSIONS, Mrs. in supporting this legislation. I think our democracy are healed.’’; and SHAHEEN, Mr. SHELBY, Ms. SNOWE, Mr. this outpouring of support on short no- Whereas thousands of Poles gathered in SPECTER, Ms. STABENOW, Mr. TESTER, tice is indicative of how beneficial the the center of Warsaw and elsewhere around Mr. THUNE, Mr. UDALL of Colorado, Mr. the world on Saturday to mourn those killed bill will be for the families of our UDALL of New Mexico, Mr. VITTER, Mr. in the crash and affirm their continued soli- armed servicemembers. WARNER, Mr. WEBB, Mr. WHITEHOUSE, darity with the people of Poland: Now, there- Now, we have had our disagreements fore, be it Mr. WICKER, and Mr. WYDEN) submitted with the other side of the aisle on how the following resolution; which was Resolved, That the Senate— best to reform our health care system considered and agreed to: (1) expresses its deepest sympathies to the as a whole. But I think there are cer- people of Poland and the families of those tain areas of common interest we can S. RES. 479 who perished for their profound loss; still find and come together on to im- Whereas the United States and Poland are (2) expresses strong and continued soli- prove the lives of the people we are close allies, with a shared bond of history, darity with the people of Poland and Polish- friendship, and international cooperation; American communities in the United States; here to serve. I think this is one of Whereas Polish immigrants were among and those instances, and I want to offer my the first Jamestown settlers, and Casimir (3) expresses unwavering support for the hand to our Republican friends and Pulaski immigrated to the United States to Government of Poland as it works to address hope they will join a group of us in co- fight in the Revolutionary War; the loss of many key public officials.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2299 SENATE RESOLUTION 480—CON- ability, and responsive governance, and im- other countries and cultures in order to bet- DEMNING THE CONTINUED DE- prove human rights in Burma. ter represent America’s interests and pro- TENTION OF BURMESE DEMOC- f mote American ideals; RACY LEADER DAW AUNG SAN Whereas public servants alert Congress and SENATE RESOLUTION 481—EX- the public to government waste, fraud, SUU KYI AND CALLING ON THE PRESSING THE SENSE OF THE abuse, and dangers to public health; MILITARY REGIME IN BURMA TO SENATE THAT PUBLIC SERV- Whereas the men and women serving in the PERMIT A CREDIBLE AND FAIR ANTS SHOULD BE COMMENDED Armed Forces of the United States, as well ELECTION PROCESS AND THE FOR THEIR DEDICATION AND as those skilled trade and craft Federal employees who provide support to their efforts, TRANSITION TO CIVILIAN, DEMO- CONTINUED PUBLIC SERVICE TO CRATIC RULE are committed to doing their jobs regardless THE NATION DURING PUBLIC of the circumstances, and contribute greatly Mr. GREGG (for himself, Mr. MCCON- SERVICE RECOGNITION WEEK, to the security of the Nation and the world; NELL, Mr. BENNETT, Mr. BROWNBACK, MAY 3 THROUGH 9, 2010 Whereas public servants have bravely Ms. COLLINS, Mr. LIEBERMAN, and Mr. Mr. AKAKA (for himself, Mr. fought in armed conflict in defense of this LEAHY) submitted the following resolu- Nation and its ideals and deserve the care tion; which was referred to the Com- VOINOVICH, Mr. LIEBERMAN, Ms. COL- and benefits they have earned through their mittee on Foreign Relations: LINS, Mr. LEVIN, Mr. CARPER, Mr. LAU- honorable service; TENBERG, Mr. BURRIS, and Mr. KAUF- Whereas government workers have much S. RES. 480 MAN) submitted the following resolu- to offer, as demonstrated by their expertise Whereas the military regime in Burma, tion; which was referred to the Com- and innovative ideas, and serve as examples headed by General Than Shwe and the State by passing on institutional knowledge to Peace and Development Council, continues mittee on Homeland Security and Gov- ernmental Affairs: train the next generation of public servants; to persecute Burmese democracy leader Daw Whereas May 3 through 9, 2010, has been Aung San Suu Kyi and her supporters in the S. RES. 481 designated Public Service Recognition Week National League for Democracy, and ordi- Whereas Public Service Recognition Week to honor America’s Federal, State, and local nary citizens of Burma, including ethnic mi- provides an opportunity to recognize and government employees; and norities, who publically and courageously promote the important contributions of pub- Whereas Public Service Recognition Week speak out against the regime’s many injus- lic servants and honor the diverse men and is celebrating its 26th anniversary through tices; women who meet the needs of the Nation job fairs, student activities, and agency ex- Whereas Daw Aung San Suu Kyi has been through work at all levels of government; hibits: Now, therefore, be it imprisoned in Burma for 14 of the last 19 Whereas millions of individuals work in Resolved, That the Senate— years and many members of the National government service in every city, county, (1) commends public servants for their out- League for Democracy have been similarly and State across America and in hundreds of standing contributions to this great Nation jailed, tortured, or killed; cities abroad; during Public Service Recognition Week and Whereas the Constitution adopted in 2008 Whereas public service is a noble calling throughout the year; and the election laws recently promulgated involving a variety of challenging and re- (2) salutes government employees for their effectively prohibit the National League for warding professions; unyielding dedication and spirit for public Democracy, Buddhist monks, ethnic minor- Whereas Federal, State, and local govern- service; ity leaders, and Daw Aung San Suu Kyi from ments are responsive, innovative, and effec- (3) honors those government employees participating in upcoming elections, and do tive because of the outstanding work of pub- who have given their lives in service to their not leave much opportunity for domestic lic servants; country; dialogue among key stakeholders; and Whereas the United States of America is a (4) calls upon all generations to consider a Whereas the persecution of the people of great and prosperous Nation, and public career in public service; and Burma has continued even though the De- service employees contribute significantly to (5) encourages efforts to promote public partment of State has pursued a policy of en- that greatness and prosperity; service careers at all levels of government. gagement with the military regime designed Whereas the Nation benefits daily from the Mr. AKAKA. Mr. President, today I to secure the release of political prisoners, knowledge and skills of these highly trained rise to recognize America’s public serv- foster national reconciliation, and facilitate individuals; ants, who provide so many of the vital peaceful transition to civilian, democratic Whereas public servants— rule: Now, therefore, be it services upon which this nation relies. (1) defend our freedom and advance United As the Chairman of the Senate Home- Resolved, That the Senate— States interests around the world; (1) condemns the continued detention of (2) provide vital strategic support func- land Security and Governmental Af- Burmese democracy leader Daw Aung San tions to our military and serve in the Na- fairs Subcommittee on Oversight of Suu Kyi and all prisoners of conscience in tional Guard and Reserves; Government Management, the Federal Burma, and calls for their immediate and un- (3) fight crime and fires; Workforce, and the District of Colum- conditional release; (4) ensure equal access to secure, efficient, bia, I am pleased to once again intro- (2) calls on the military regime in Burma and affordable mail service; duce a resolution honoring these em- to engage in dialogue with the National (5) deliver Social Security and Medicare ployees in celebration of Public Service League for Democracy and other opposition benefits; groups, as well as with ethnic minorities, to Recognition Week. (6) fight disease and promote better health; Every day, Americans rely on our broaden political participation in an envi- (7) protect the environment and the Na- ronment free from fear and intimidation; tion’s parks; hardworking and talented government (3) calls upon the Secretary of State to as- (8) enforce laws guaranteeing equal em- employees. Public servants deliver our sess the effectiveness of the policy of engage- ployment opportunity and healthy working mail, educate our children, care for our ment with the military regime in Burma in conditions; veterans, guard our prisons, protect furthering United States interests, and to (9) defend and secure critical infrastruc- our borders and communities, and de- maintain, and consider strengthening, sanc- ture; fend our country and the principles of tions against Burma if the military regime (10) help the Nation recover from natural liberty and freedom that we hold dear. continues its systematic violation of human disasters and terrorist attacks; They influence the lives of people rights and fails to embrace the democratic (11) teach and work in our schools and li- around the world as diplomats, pro- aspirations of the people of Burma; braries; (4) calls upon the Secretary of State to en- (12) develop new technologies and explore moting peace, prosperity, and democ- gage regional governments and multilateral the earth, moon, and space to help improve racy in conflicted regions, and pro- organizations (including the People’s Repub- our understanding of how our world changes; viding critical assistance to developing lic of China, the Association of Southeast (13) improve and secure our transportation and impoverished communities. Asian Nations, and the United Nations Secu- systems; Just as President John F. Kennedy rity Council) to push for the establishment (14) promote economic growth; and did in his 1961 inaugural address, Presi- of an environment in Burma that encourages (15) assist our Nation’s veterans; dent Obama has called on Americans to the full and unfettered participation of the Whereas members of the uniformed serv- make a renewed commitment to public people of Burma in a democratic transition ices and civilian employees at all levels of service. Public Service Recognition to civilian rule; and government make significant contributions Week allows us not only to honor and (5) calls on the Secretary of State to sup- to the general welfare of the United States, port the National League for Democracy and and are on the front lines in the fight celebrate the works of federal, state the people of Burma in calling for significant against terrorism and in maintaining home- and local public employees, but also constitutional and election reforms by the land security; provides an opportunity for all Ameri- military regime, which will broaden political Whereas public servants work in a profes- cans to explore the many possible ca- participation, further democracy, account- sional manner to build relationships with reers in public service. Throughout the

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2300 CONGRESSIONAL RECORD — SENATE April 14, 2010 nation, public employees use the week United States and is often the first place (2) educational events in schools and other to educate their fellow citizens on how emergencies of all magnitudes are reported, appropriate venues; and government serves them, and how gov- making 9–1–1 a significant homeland security (3) production and distribution of informa- ernment services make life better for asset; tion about the 9–1–1 system designed to edu- Whereas more than 6,000 9–1–1 public safety cate people of all ages on the importance and all of us. It is my hope that through answering points serve more than 3,000 coun- proper use of 9–1–1; and these events, many young professionals ties and parishes throughout the United Whereas the people of the United States will decide to pursue a career in public States; deserve the best education regarding the use service. Whereas dispatchers at public safety an- of 9–1–1: Now, therefore, be it As a former teacher and a life-long swering points answer more than 200,000,000 Resolved, That the Senate— public servant, I am proud to highlight 9–1–1 calls each year in the United States; (1) designates April 2010 as ‘‘National 9–1–1 the importance of Public Service Rec- Whereas a growing number of 9–1–1 calls Education Month’’; and ognition Week. The many domestic and are made using wireless and Internet Pro- (2) urges Government officials, parents, teachers, school administrators, caregivers, global challenges we face make this a tocol-based communications services; Whereas a growing segment of the popu- businesses, nonprofit organizations, and the critical time for our Nation. Although lation, including the deaf, hard of hearing, people of the United States to observe the we have designated a week to pay trib- deaf-blind, and individuals with speech dis- month with appropriate ceremonies, training ute to government employees, it is also abilities are increasingly communicating events, and activities. important that we honor the invalu- with nontraditional text, video, and instant able service of public servants through- messaging communications services and ex- f pect those services to be able to connect di- out the year. Our way of life—and the SENATE CONCURRENT RESOLU- strength of our country—would not rectly to 9–1–1; Whereas the growth and variety of means TION 57—ESTABLISHING AN EX- exist without the work of public em- PEDITED PROCEDURE FOR CON- ployees. of communication, including mobile and Internet Protocol-based systems, impose SIDERATION OF A BILL RETURN- This is the 26th year we have honored challenges for accessing 9–1–1 and imple- ING SPENDING LEVELS TO 2007 our public servants with Public Service menting an enhanced 9–1–1 system and re- LEVELS Recognition Week during the first full quire increased education and awareness week of May. Each year we use this about the capabilities of different means of Mr. LEMIEUX (for himself, Mr. week to recognize and honor the men communication; RISCH, and Mr. DEMINT) submitted the and women who serve America as fed- Whereas numerous other N–1–1 and 800 following concurrent resolution; which eral, state, and local government em- number services exist for nonemergency sit- was referred to the Committee on the ployees, and commend their dedication uations, including 2–1–1, 3–1–1, 5–1–1, 7–1–1, 8– Budget. 1–1, poison control centers, and mental S. CON. RES. 57 to serving others. I encourage my col- health hotlines, and the public needs to be leagues to recognize the public serv- educated on when to use those services in ad- Resolved by the Senate (the House of Rep- ants in their states and join me in this dition to or instead of 9–1–1; resentatives concurring), annual celebration. Whereas international visitors and immi- SECTION 1. EXPEDITED CONSIDERATION. grants make up an increasing percentage of (a) 2007 SPENDING BILL.—For purposes of f the United States population each year, and this resolution, the term ‘‘2007 spending bill’’ SENATE RESOLUTION 482—DESIG- visitors and immigrants may have limited means a bill that reduces outlays for the fis- NATING APRIL 2010 AS ‘‘NA- knowledge of our emergency calling system; cal year beginning in the year in which the TIONAL 9–1–1 EDUCATION Whereas people of all ages use 9–1–1 and it bill is considered to levels not exceeding the is critical to educate those people on the levels for fiscal year 2007. The bill may not MONTH’’ proper use of 9–1–1; increase revenues. Ms. KLOBUCHAR (for herself and Mr. Whereas senior citizens are at high risk for (b) EXPEDITED CONSIDERATION OF 2007 BURR) submitted the following resolu- needing to access to 9–1–1 and many senior SPENDING BILL.— tion; which was considered and agreed citizens are learning to use new technology; (1) INTRODUCTION OF 2007 SPENDING BILL.—A to: Whereas thousands of 9–1–1 calls are made 2007 spending bill may be introduced in the every year by children properly trained in House of Representatives and in the Senate S. RES. 482 the use of 9–1–1, which saves lives and under- not later than July 12, 2010 or any time after Whereas 9–1–1 is nationally recognized as scores the critical importance of training the first day of a session for any year there- the number to call in an emergency to re- children early in life about 9–1–1; after by the majority leader of each House of ceive immediate help from police, fire, emer- Whereas the 9–1–1 system is often misused, Congress. If 5 session days after July 12 in gency medical services, or other appropriate including by the placement of prank and 2010 or after the first day of session any year emergency response entities; nonemergency calls; thereafter the majority leader has not intro- Whereas in 1967, the President’s Commis- Whereas misuse of the 9–1–1 system results duced a bill, the minority leader of each sion on Law Enforcement and Administra- in costly and inefficient use of 9–1–1 and House of Congress may introduce a 2007 tion of Justice recommended that a ‘‘single emergency response resources and needs to spending bill (during this time the majority number should be established’’ nationwide be reduced; leader may not introduce a 2007 spending for reporting emergency situations, and Whereas parents, teachers, and all other bill). If a 2007 spending bill is not introduced other Federal Government agencies and var- caregivers need to play an active role in 9–1– in accordance with the preceding sentence in ious governmental officials also supported 1 education for children, but will do so only either House of Congress within 5 session and encouraged the recommendation; after being first educated themselves; days, then any Member of that House may Whereas in 1968, the American Telephone Whereas there are many avenues for 9–1–1 introduce a 2007 spending bill on any day and Telegraph Company (AT&T) announced public education, including safety fairs, thereafter. Upon introduction, the 2007 that it would establish the digits 9–1–1 as the school presentations, libraries, churches, spending bill shall be referred to the relevant emergency code throughout the United businesses, public safety answering point committees of jurisdiction. States; tours or open houses, civic organizations, (2) COMMITTEE CONSIDERATION.—The com- Whereas 9–1–1 was designated by Congress and senior citizen centers; mittees to which the 2007 spending bill is re- as the national emergency call number under Whereas children, parents, teachers, and ferred shall report the 2007 spending bill the Wireless Communications and Public the National Parent Teacher Association without any revision and with a favorable Safety Act of 1999 (Public Law 106–81; 113 contribute importantly to the education of recommendation, an unfavorable rec- Stat. 1286); children about the importance of 9–1–1 ommendation, or without recommendation, Whereas section 102 of the ENHANCE 911 through targeted outreach efforts to public not later than 30 calendar days after the date Act of 2004 (47 U.S.C. 942 note) declared an and private school systems; of introduction of the bill in that House, or enhanced 9–1–1 system to be ‘‘a high national Whereas we as a Nation should strive to the first day thereafter on which that House priority’’ and part of ‘‘our Nation’s home- host at least 1 educational event regarding is in session. If any committee fails to report land security and public safety’’; the proper use of 9–1–1 in every school in the the bill within that period, that committee Whereas it is important that policy mak- country every year; shall be automatically discharged from con- ers at all levels of government understand Whereas programs to promote proper use sideration of the bill, and the bill shall be the importance of 9–1–1, how the system of 9–1–1 during National 9–1–1 Education placed on the appropriate calendar. works today, and the steps that are needed Month could include— (3) FAST TRACK CONSIDERATION IN HOUSE OF to modernize the 9–1–1 system; (1) public awareness events, including con- REPRESENTATIVES.— Whereas the 9–1–1 system is the connection ferences and media outreach, training activi- (A) PROCEEDING TO CONSIDERATION.—It between the eyes and ears of the public and ties for parents, teachers, school administra- shall be in order, not later than 7 days of ses- the emergency response system in the tors, other caregivers and businesses; sion after the date on which an 2007 spending

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2301 bill is reported or discharged from all com- is agreed to, the 2007 spending bill shall re- ered to be the vote on passage of the 2007 mittees to which it was referred, for the ma- main the unfinished business until disposed spending bill received from the House of Rep- jority leader of the House of Representatives of. resentatives. If it is not identical to the or the majority leader’s designee, to move to (B) DEBATE.—Consideration of an 2007 House-passed 2007 spending bill, then the proceed to the consideration of the 2007 spending bill and of all debatable motions Senate shall be considered to have passed the spending bill. It shall also be in order for any and appeals in connection therewith shall 2007 spending bill of the House as amended Member of the House of Representatives to not exceed a total of 50 hours. Debate shall by the text of the Senate 2007 spending bill. move to proceed to the consideration of the be divided equally between the majority and (E) CONSIDERATION IN CONFERENCE.—Upon 2007 spending bill at any time after the con- minority leaders or their designees. A mo- passage of the 2007 spending bill, the Senate clusion of such 7-day period. All points of tion further to limit debate on the 2007 shall be deemed to have insisted on its order against the motion are waived. Such a spending bill is in order. Any debatable mo- amendment and requested a conference with motion shall not be in order after the House tion or appeal is debatable for not to exceed the House of Representatives on the dis- has disposed of a motion to proceed on the 1 hour, to be divided equally between those agreeing votes of the two Houses, and the 2007 spending bill. The previous question favoring and those opposing the motion or Chair be authorized to appoint conferees on shall be considered as ordered on the motion appeal. All time used for consideration of the the part of the Senate, without any inter- to its adoption without intervening motion. 2007 spending bill, including time used for vening action. The motion shall not be debatable. A motion quorum calls and voting, shall be counted (F) ACTION ON CONFERENCE REPORTS IN SEN- to reconsider the vote by which the motion against the total 50 hours of consideration. ATE.— is disposed of shall not be in order. (C) AMENDMENTS.—It shall be in order to (i) MOTION TO PROCEED.—A motion to pro- (B) CONSIDERATION.—The 2007 spending bill offer amendments to the 2007 spending bill, ceed to the consideration of the conference shall be considered as read. The previous provided that any such amendment is rel- report on the 2007 spending bill may be made question shall be considered as ordered on evant and would not result in an overall out- even though a previous motion to the same the 2007 spending bill to its passage without lay level exceeding the level included in the effect has been disagreed to. intervening motion except 50 hours of de- 2007 spending bill. (ii) CONSIDERATION.—During the consider- bate, equally divided and controlled by the (D) VOTE ON PASSAGE.—The vote on passage ation in the Senate of the conference report proponent and an opponent. A motion to shall occur immediately following the con- (or a message between Houses) on the 2007 limit debate shall be in order during such de- clusion of the debate on the 2007 spending spending bill, and all amendments in dis- bate. A motion to reconsider the vote on pas- bill and a single quorum call at the conclu- agreement, and all amendments thereto, and sage of the 2007 spending bill shall not be in sion of the debate if requested. Passage shall debatable motions and appeals in connection order. require an affirmative vote of three-fifths of therewith, debate (or consideration) shall be (C) APPEALS.—Appeals from decisions of the Members, duly chosen and sworn. limited to 30 hours, to be equally divided be- the chair relating to the application of the (E) RULINGS OF THE CHAIR ON PROCEDURE.— tween, and controlled by, the majority lead- Rules of the House of Representatives to the Appeals from the decisions of the Chair reer and minority leader or their designees. procedure relating to the 2007 spending bill lating to the application of the rules of the Debate on any debatable motion or appeal shall be decided without debate. Senate to the procedure relating to a 2007 related to the conference report (or a mes- (D) APPLICATION OF HOUSE RULES.—Except spending bill shall be decided without de- sage between Houses) shall be limited to 1 to the extent specifically provided in this bate. hour, to be equally divided between, and con- paragraph, consideration of an 2007 spending (5) RULES TO COORDINATE ACTION WITH trolled by, the mover and the manager of the bill shall be governed by the Rules of the OTHER HOUSE.— conference report (or a message between House of Representatives. It shall not be in (A) REFERRAL.—If, before the passage by 1 Houses). order in the House of Representatives to con- House of an 2007 spending bill of that House, (iii) DEBATE IF DEFEATED.—If the consider any 2007 spending bill introduced pursu- that House receives from the other House an ference report is defeated, debate on any re- ant to the provisions of this subsection 2007 spending bill, then such proposal from quest for a new conference and the appoint- under a suspension of the rules pursuant to the other House shall not be referred to a ment of conferees shall be limited to 1 hour, clause 1 of House Rule XV, or under a special committee and shall immediately be placed to be equally divided between, and controlled rule reported by the House Committee on on the calendar. by, the manager of the conference report and Rules. (B) TREATMENT OF 2007 SPENDING BILL OF the minority leader or his designee, and (E) AMENDMENTS.—It shall be in order to OTHER HOUSE.—If 1 House fails to introduce should any motion be made to instruct the offer amendments to the 2007 spending bill, or consider a 2007 spending bill under this conferees before the conferees are named, de- provided that any such amendment is rel- section, the 2007 spending bill of the other bate on such motion shall be limited to one- evant and would not result in an overall out- House shall be entitled to expedited floor half hour, to be equally divided between, and lay level exceeding the level included in the procedures under this section. controlled by, the mover and the manager of 2007 spending bill. (C) PROCEDURE.— the conference report. Debate on any amend- (F) VOTE ON PASSAGE.—Immediately fol- (i) 2007 SPENDING BILL IN THE SENATE.—If ment to any such instructions shall be lim- lowing the conclusion of consideration of the prior to passage of the 2007 spending bill in ited to 20 minutes, to be equally divided be- 2007 spending bill, the vote on passage of the the Senate, the Senate receives an 2007 tween and controlled by the mover and the 2007 spending bill shall occur without any in- spending bill from the House, the procedure manager of the conference report. In all tervening action or motion and shall require in the Senate shall be the same as if no 2007 cases when the manager of the conference re- an affirmative vote of three-fifths of the spending bill had been received from the port is in favor of any motion, appeal, or Members, duly chosen and sworn. If the 2007 House except that— amendment, the time in opposition shall be spending bill is passed, the Clerk of the (I) the vote on final passage shall be on the under the control of the minority leader or House of Representatives shall cause the bill 2007 spending bill of the House if it is iden- his designee. to be transmitted to the Senate before the tical to the 2007 spending bill then pending (iv) AMENDMENTS IN DISAGREEMENT.—If close of the next day of session of the House. for passage in the Senate; or there are amendments in disagreement to a (4) FAST TRACK CONSIDERATION IN SENATE.— (II) if the 2007 spending bill from the House conference report on the 2007 spending bill, (A) IN GENERAL.—Notwithstanding rule is not identical to the 2007 spending bill then time on each amendment shall be limited to XXII of the Standing Rules of the Senate, it pending for passage in the Senate and the 30 minutes, to be equally divided between, is in order, not later than 7 days of session Senate then passes the Senate 2007 spending and controlled by, the manager of the con- after the date on which an 2007 spending bill bill, the Senate shall be considered to have ference report and the minority leader or his is reported or discharged from all commit- passed the House 2007 spending bill as designee. No amendment that is not germane tees to which it was referred, for the major- amended by the text of the Senate 2007 to the provisions of such amendments shall ity leader of the Senate or the majority lead- spending bill. be received. er’s designee to move to proceed to the con- (ii) DISPOSITION OF THE 2007 SPENDING BILL.— (G) VOTE ON CONFERENCE REPORT IN EACH sideration of the 2007 spending bill. It shall Upon disposition of the 2007 spending bill re- HOUSE.—Passage of the conference in each also be in order for any Member of the Sen- ceived from the House, it shall no longer be House shall be by an affirmative vote of ate to move to proceed to the consideration in order to consider the 2007 spending bill three-fifths of the Members of that House, of the 2007 spending bill at any time after the originated in the Senate. duly chosen and sworn. conclusion of such 7-day period. A motion to (D) TREATMENT OF COMPANION MEASURES IN (H) VETO.—If the President vetoes the bill proceed is in order even though a previous THE SENATE.—If following passage of the 2007 debate on a veto message in the Senate motion to the same effect has been disagreed spending bill in the Senate, the Senate then under this subsection shall be 1 hour equally to. All points of order against the motion to receives an 2007 spending bill from the House divided between the majority and minority proceed to the 2007 spending bill are waived. of Representatives that is the same as the leaders or their designees. The motion to proceed is not debatable. The 2007 spending bill passed by the House, the (6) RULES OF THE SENATE AND HOUSE OF REP- motion is not subject to a motion to post- House-passed 2007 spending bill shall not be RESENTATIVES.—This subsection is enacted pone. A motion to reconsider the vote by debatable. If the House-passed 2007 spending by Congress— which the motion is agreed to or disagreed to bill is identical to the Senate-passed 2007 (A) as an exercise of the rulemaking power shall not be in order. If a motion to proceed spending bill, the vote on passage of the 2007 of the Senate and the House of Representa- to the consideration of the 2007 spending bill spending bill in the Senate shall be consid- tives, respectively, and is deemed to be part

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2302 CONGRESSIONAL RECORD — SENATE April 14, 2010 of the rules of each House, respectively but SEC. lll. SENSE OF THE SENATE REGARDING A processed fuel with an acid number greater applicable only with respect to the procedure VALUE ADDED TAX. than 25. For purposes of the preceding sen- to be followed in that House in the case of It is the sense of the Senate that the Value tence, the term ‘processed fuel’ means any bill under this section, and it supersedes Added Tax is a massive tax increase that will fuel other than a fuel— other rules only to the extent that it is in- cripple families on fixed income and only ‘‘(I) more than 4 percent of which (deter- consistent with such rules; and further push back America’s economic recov- mined by weight) is any combination of (B) with full recognition of the constitu- ery. water and sediment, or tional right of either House to change the ‘‘(II) the ash content of which is more than rules (so far as they relate to the procedure SA 3725. Mr. COBURN submitted an 1 percent (determined by weight).’’. of that House) at any time, in the same man- amendment intended to be proposed to (b) EFFECTIVE DATE.—The amendment ner, and to the same extent as in the case of amendment SA 3721 proposed by Mr. made by this section shall apply to fuels sold or used on or after January 1, 2010. any other rule of that House. BAUCUS to the bill H.R. 4851, to provide SEC. 2. EFFECTIVE PERIOD. SEC. 224. ELIMINATION OF ADVANCE a temporary extension of certain pro- REFUNDABILITY OF EARNED IN- This resolution shall be effective until fis- grams, and for other purposes; which COME CREDIT. cal year 2020 or the fiscal year spending lev- was ordered to lie on the table; as fol- (a) IN GENERAL.—Section 3507, subsection els are returned to fiscal year 2007 levels lows: (g) of section 32, and paragraph (7) of section whichever date first occurs. 6051(a) are repealed. At the end of the amendment, insert the f (b) CONFORMING AMENDMENTS.— following: (1) Section 6012(a) is amended by striking AMENDMENTS SUBMITTED AND TITLE II—OFFSETS FOR THE ACT paragraph (8) and by redesignating para- PROPOSED Subtitle A—Discretionary Spending graph (9) as paragraph (8). SA 3723. Mr. COBURN submitted an SEC. 211. RESCISSION OF UNSPENT AND UNCOM- (2) Section 6302 is amended by striking sub- amendment intended to be proposed to MITTED FEDERAL FUNDS. section (i). (c) EFFECTIVE DATE.—The repeals and amendment SA 3721 proposed by Mr. BAUCUS (a) IN GENERAL.—Notwithstanding any amendments made by this section shall other provision of law, of all available unob- to the bill H.R. 4851, to provide a temporary apply to taxable years beginning after De- ligated Federal funds, the greater of extension of certain programs, and for other cember 31, 2010. purposes. $10,000,000,000 and the amount determined necessary under the Statutory Pay-As-You- SEC. 225. UNEMPLOYMENT INSURANCE PRO- SA 3724. Mr. MCCAIN submitted an amend- GRAM INTEGRITY. Go Act of 2010 (Public Law 111–139; 124 Stat. ment intended to be proposed by him to the (a) REPORTING OF FIRST DAY OF EARNINGS 8) to offset the budgetary effect of this Act, bill H.R. 4851, supra; which was ordered to lie TO DIRECTORY OF NEW HIRES.— excluding this section, in appropriated dis- on the table. (1) IN GENERAL.—Section 453A(b)(1)(A) of SA 3725. Mr. COBURN submitted an cretionary unexpired funds are rescinded. the Social Security Act (42 U.S.C. amendment intended to be proposed to (b) IMPLEMENTATION.—Not later than 60 653a(b)(1)(A)) is amended by inserting ‘‘the amendment SA 3721 proposed by Mr. BAUCUS days after the date of enactment of this Act, date services for remuneration were first to the bill H.R. 4851, supra; which was or- the Director of the Office of Management performed by the employee,’’ after ‘‘of the dered to lie on the table. and Budget shall— employee,’’. SA 3726. Mr. COBURN proposed an amend- (1) identify the accounts and amounts re- (2) REPORTING FORMAT AND METHOD.—Sec- ment to amendment SA 3721 proposed by Mr. scinded to implement subsection (a); and tion 453A(c) of the Social Security Act (42 BAUCUS to the bill H.R. 4851, supra. (2) submit a report to the Secretary of the U.S.C. 653a(c)) is amended by inserting ‘‘, to SA 3727. Mr. COBURN proposed an amend- Treasury and Congress of the accounts and the extent practicable,’’ after ‘‘Each report ment to amendment SA 3721 proposed by Mr. amounts identified under paragraph (1) for required by subsection (b) shall’’. BAUCUS to the bill H.R. 4851, supra. rescission. (3) EFFECTIVE DATE.— f Subtitle B—Revenue Offset Provisions (A) IN GENERAL.—Subject to subparagraph (B), the amendments made by this sub- TEXT OF AMENDMENTS SEC. 221. AMENDMENT OF 1986 CODE. Except as otherwise expressly provided, section shall take effect 6 months after the SA 3723. Mr. COBURN submitted an whenever in this title an amendment or re- date of enactment of this Act. amendment intended to be proposed to peal is expressed in terms of an amendment (B) COMPLIANCE TRANSITION PERIOD.—If the amendment SA 3721 proposed by Mr. to, or repeal of, a section or other provision, Secretary of Health and Human Services determines that State legislation (other than BAUCUS to the bill H.R. 4851, to provide the reference shall be considered to be made to a section or other provision of the Inter- legislation appropriating funds) is required a temporary extension of certain pro- in order for a State plan under part D of title nal Revenue Code of 1986. grams, and for other purposes; as fol- IV of the Social Security Act to meet the ad- SEC. 222. INFORMATION REPORTING FOR RENT- ditional requirements imposed by the lows: AL PROPERTY EXPENSE PAYMENTS. At the end of the bill, insert the following: amendment made by paragraph (1), the plan (a) IN GENERAL.—Section 6041 is amended shall not be regarded as failing to meet such SEC. ll. RESCISSION OF UNSPENT AND UNCOM- by adding at the end the following new sub- requirements before the first day of the sec- MITTED FEDERAL FUNDS. section: ond calendar quarter beginning after the (a) IN GENERAL.—Notwithstanding any ‘‘(h) TREATMENT OF RENTAL PROPERTY EX- close of the first regular session of the State other provision of law, of all available unob- PENSE PAYMENTS.— legislature that begins after the effective ligated Federal funds, the greater of ‘‘(1) IN GENERAL.—For purposes of sub- date of such amendment. If the State has a $20,000,000,000 and the amount determined section (a), a person receiving rental income 2-year legislative session, each year of the necessary under the Statutory Pay-As-You- from real estate (other than a qualified resi- session is deemed to be a separate regular Go Act of 2010 (Public Law 111–139; 124 Stat. dence) shall be considered to be engaged in a session of the State legislature. 8) to offset the budgetary effect of this Act, trade or business of renting property. (b) EXTENSION AND MODIFICATION OF COL- excluding this section, in appropriated dis- ‘‘(2) QUALIFIED RESIDENCE.—For purposes of LECTION OF PAST-DUE DEBT FOR ERRONEOUS cretionary unexpired funds are rescinded. paragraph (1), the term ‘qualified residence’ PAYMENT OF UNEMPLOYMENT COMPENSA- (b) IMPLEMENTATION.—Not later than 60 means— TION.— days after the date of enactment of this Act, ‘‘(A) the principal residence (within the (1) PERMANENT EXTENSION.—Subsection (f) the Director of the Office of Management meaning of section 121) of the taxpayer, and of section 6402 is amended by striking para- and Budget shall— ‘‘(B) 1 other residence of the taxpayer graph (8). (1) identify the accounts and amounts re- which is selected by the taxpayer for pur- (2) COLLECTION IN ALL STATES.—Subsection scinded to implement subsection (a); and poses of this subsection for the taxable year (f) of section 6402, as amended by paragraph (2) submit a report to the Secretary of the and which is used by the taxpayer as a resi- (1), is amended by striking paragraph (3) and Treasury and Congress of the accounts and dence (within the meaning of section redesignating paragraphs (4) through (7) as amounts identified under paragraph (1) for 280A(d)(1)).’’. paragraphs (3) through (6), respectively. rescission. (b) EFFECTIVE DATE.—The amendment (3) COLLECTION FOR REASONS OTHER THAN made by this section shall apply to payments FRAUD.— SA 3724. Mr. MCCAIN submitted an made after December 31, 2010. (A) IN GENERAL.—Paragraph (4) of section amendment intended to be proposed by SEC. 223. CRUDE TALL OIL INELIGIBLE FOR CEL- 6402(f), as redesignated by paragraph (2), is him to the bill H.R. 4851, to provide a LULOSIC BIOFUEL PRODUCER amended by striking ‘‘due to fraud’’ each temporary extension of certain pro- CREDIT. place it appears. grams, and for other purposes; which (a) IN GENERAL.—Section 40(B)(6)(E) is (B) CONFORMING AMENDMENTS.—Section amended by adding at the end the following 6402(f) is amended— was ordered to lie on the table; as fol- new clause: (i) in paragraph (3), as redesignated by lows: ‘‘(iv) EXCLUSION OF CERTAIN PROCESSED paragraph (2)— At the appropriate place insert the fol- FUELS WITH A HIGH ACID CONTENT.—The term (I) by striking ‘‘or due to fraud’’ in sub- lowing: ‘cellulosic biofuel’ shall not include any paragraph (B), and

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2303 (II) by striking ‘‘and due to fraud’’ in sub- be increased by such dollar amount multi- any eligible plan year (in this subparagraph paragraph (C), and plied by the cost-of-living adjustment deter- and paragraph (7) referred to as an ‘election (ii) in the heading, by striking ‘‘RESULTING mined under section 1(f)(3) determined by year’), then, notwithstanding subparagraphs FROM FRAUD’’. substituting ‘calendar year 2011’ for ‘cal- (A) and (B)— (4) EFFECTIVE DATE.—The amendments endar year 1992’ in subparagraph (B) thereof. ‘‘(I) the shortfall amortization install- made by this subsection shall apply to re- ‘‘(2) ROUNDING.—If any amount adjusted ments with respect to such base shall be de- funds payable on or after the date of the en- under paragraph (1)— termined under clause (ii) or (iii), whichever actment of this Act. ‘‘(A) is not less than $75,000 and is not a is specified in the election, and SEC. 226. PARTICIPANTS IN GOVERNMENT SEC- multiple of $500, such amount shall be round- ‘‘(II) the shortfall amortization install- TION 457 PLANS ALLOWED TO TREAT ed to the next lowest multiple of $500, and ment for any plan year in the 9-plan-year pe- ELECTIVE DEFERRALS AS ROTH ‘‘(B) is not described in subparagraph (A) riod described in clause (ii) or the 15-plan- CONTRIBUTIONS. and is not a multiple of $10, such amount year period described in clause (iii), respec- (a) IN GENERAL.—Section 402A(e)(1) (defin- shall be rounded to the next lowest multiple tively, with respect to such shortfall amorti- ing applicable retirement plan) is amended of $10.’’. zation base is the annual installment deter- by striking ‘‘and’’ at the end of subparagraph (g) EFFECTIVE DATE.—The amendments mined under the applicable clause for that (A), by striking the period at the end of sub- made by this section shall apply with respect year for that base. paragraph (B) and inserting ‘‘, and’’, and by to information returns required to be filed ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The adding at the end the following: on or after January 1, 2011. shortfall amortization installments deter- ‘‘(C) an eligible deferred compensation plan SEC. 228. ROLLOVERS FROM ELECTIVE DEFER- mined under this clause are— (as defined in section 457(b)) of an eligible RAL PLANS TO ROTH DESIGNATED ‘‘(I) in the case of the first 2 plan years in employer described in section 457(e)(1)(A).’’. ACCOUNTS. the 9-plan-year period beginning with the (b) ELECTIVE DEFERRALS.—Section (a) IN GENERAL.—Section 402A(c) is amend- election year, interest on the shortfall amor- 402A(e)(2) (defining elective deferral) is ed by adding at the end the following new tization base of the plan for the election year amended to read as follows: paragraph: (determined using the effective interest rate ‘‘(2) ELECTIVE DEFERRAL.—The term ‘elec- ‘‘(4) TAXABLE ROLLOVERS TO DESIGNATED for the plan for the election year), and tive deferral’ means— ROTH ACCOUNTS.— ‘‘(II) in the case of the last 7 plan years in ‘‘(A) any elective deferral described in sub- ‘‘(A) IN GENERAL.—Notwithstanding sec- such 9-plan-year period, the amounts nec- paragraph (A) or (C) of section 402(g)(3), and tions 402(c), 403(b)(8), and 457(e)(16), in the essary to amortize the remaining balance of ‘‘(B) any elective deferral of compensation case of any distribution to which this para- the shortfall amortization base of the plan by an individual under an eligible deferred graph applies— for the election year in level annual install- compensation plan (as defined in section ‘‘(i) there shall be included in gross income ments over such last 7 plan years (using the 457(b)) of an eligible employer described in any amount which would be includible were segment rates under subparagraph (C) for the section 457(e)(1)(A).’’. it not part of a qualified rollover contribu- election year). (c) EFFECTIVE DATE.—The amendments tion, ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall made by this section shall apply to taxable ‘‘(ii) section 72(t) shall not apply, and amortization installments determined under years beginning after December 31, 2010. ‘‘(iii) unless the taxpayer elects not to this subparagraph are the amounts necessary SEC. 227. INCREASE IN INFORMATION RETURN have this clause apply, any amount required to amortize the shortfall amortization base PENALTIES. to be included in gross income for any tax- of the plan for the election year in level an- (a) FAILURE TO FILE CORRECT INFORMATION able year beginning in 2010 by reason of this nual installments over the 15-plan-year pe- RETURNS.— paragraph shall be so included ratably over riod beginning with the election year (using (1) IN GENERAL.—Subsections (a)(1), the 2-taxable-year period beginning with the the segment rates under subparagraph (C) for (b)(1)(A), and (b)(2)(A) of section 6721 are first taxable year beginning in 2011. the election year). each amended by striking ‘‘$50’’ and insert- ‘‘(iv) ELECTION.— Any election under clause (iii) for any dis- ing ‘‘$100’’. ‘‘(I) IN GENERAL.—The plan sponsor of a tributions during a taxable year may not be (2) AGGREGATE ANNUAL LIMITATION.—Sub- plan may elect to have this subparagraph changed after the due date for such taxable sections (a)(1), (d)(1)(A), and (e)(3)(A) of sec- apply to not more than 2 eligible plan years year. tion 6721 are each amended by striking with respect to the plan, except that in the ‘‘(B) DISTRIBUTIONS TO WHICH PARAGRAPH ‘‘$250,000’’ and inserting ‘‘$1,500,000’’. case of a plan described in section 106 of the APPLIES.—In the case of an applicable retire- (b) REDUCTION WHERE CORRECTION WITHIN Pension Protection Act of 2006, the plan ment plan which includes a qualified Roth 30 DAYS.— sponsor may only elect to have this subpara- contribution program, this paragraph shall (1) IN GENERAL.—Subparagraph (A) of sec- graph apply to a plan year beginning in 2011. apply to a distribution from such plan other tion 6721(b)(1) is amended by striking ‘‘$15’’ ‘‘(II) AMORTIZATION SCHEDULE.—Such elec- than from a designated Roth account which and inserting ‘‘$30’’. tion shall specify whether the amortization is contributed in a qualified rollover con- (2) AGGREGATE ANNUAL LIMITATION.—Sub- schedule under clause (ii) or (iii) shall apply tribution to the designated Roth account sections (b)(1)(B) and (d)(1)(B) of section 6721 to an election year, except that if a plan maintained under such plan for the benefit of are each amended by striking ‘‘$75,000’’ and sponsor elects to have this subparagraph the individual to whom the distribution is inserting ‘‘$250,000’’. apply to 2 eligible plan years, the plan spon- made. (c) REDUCTION WHERE CORRECTION ON OR sor must elect the same schedule for both ‘‘(C) OTHER RULES.—The rules of subpara- BEFORE AUGUST 1.— years. graphs (D), (E), and (F) of section 408A(d)(3) (1) IN GENERAL.—Subparagraph (A) of sec- ‘‘(III) OTHER RULES.—Such election shall be tion 6721(b)(2) is amended by striking ‘‘$30’’ (as in effect for taxable years beginning after made at such time, and in such form and and inserting ‘‘$60’’. 2009) shall apply for purposes of this para- manner, as shall be prescribed by the Sec- graph.’’. (2) AGGREGATE ANNUAL LIMITATION.—Sub- retary of the Treasury, and may be revoked (b) CONFORMING AMENDMENT.—Section sections (b)(2)(B) and (d)(1)(C) of section 6721 only with the consent of the Secretary of the 402A(d)(3)(A) is amended by striking ‘‘A’’ and are each amended by striking ‘‘$150,000’’ and Treasury. The Secretary of the Treasury inserting ‘‘Except as provided in paragraph inserting ‘‘$500,000’’. shall, before granting a revocation request, (4), a’’. (d) AGGREGATE ANNUAL LIMITATIONS FOR provide the Pension Benefit Guaranty Cor- (c) EFFECTIVE DATE.—The amendments PERSONS WITH GROSS RECEIPTS OF NOT MORE poration an opportunity to comment on the made by this section shall apply to distribu- THAN $5,000,000.—Paragraph (1) of section conditions applicable to the treatment of tions in plan years beginning after December 6721(d) is amended— any portion of the election year shortfall 31, 2009. (1) by striking ‘‘$100,000’’ in subparagraph amortization base that remains unamortized (A) and inserting ‘‘$500,000’’, Subtitle C—Pension Funding Relief as of the revocation date. (2) by striking ‘‘$25,000’’ in subparagraph PART I—SINGLE EMPLOYER PLANS ‘‘(v) ELIGIBLE PLAN YEAR.—For purposes of (B) and inserting ‘‘$75,000’’, and SEC. 231. EXTENDED PERIOD FOR SINGLE-EM- this subparagraph, the term ‘eligible plan (3) by striking ‘‘$50,000’’ in subparagraph PLOYER DEFINED BENEFIT PLANS year’ means any plan year beginning in 2008, (C) and inserting ‘‘$200,000’’. TO AMORTIZE CERTAIN SHORTFALL 2009, 2010, or 2011, except that a plan year (e) PENALTY IN CASE OF INTENTIONAL DIS- AMORTIZATION BASES. shall only be treated as an eligible plan year REGARD.—Paragraph (2) of section 6721(e) is (a) AMENDMENTS TO ERISA.— if the due date under subsection (j)(1) for the amended by striking ‘‘$100’’ and inserting (1) IN GENERAL.—Paragraph (2) of section payment of the minimum required contribu- ‘‘$250’’. 303(c) of the Employee Retirement Income tion for such plan year occurs on or after the (f) ADJUSTMENT FOR INFLATION.—Section Security Act of 1974 (29 U.S.C. 1083(c)) is date of the enactment of this subparagraph. 6721 is amended by adding at the end the fol- amended by adding at the end the following ‘‘(vi) REPORTING.—A plan sponsor of a plan lowing new subsection: subparagraph: who makes an election under clause (i) ‘‘(f) ADJUSTMENT FOR INFLATION.— ‘‘(D) SPECIAL ELECTION FOR ELIGIBLE PLAN shall— ‘‘(1) IN GENERAL.—For each fifth calendar YEARS.— ‘‘(I) give notice of the election to partici- year beginning after 2012, each of the dollar ‘‘(i) IN GENERAL.—If a plan sponsor elects pants and beneficiaries of the plan, and amounts under subsections (a), (b), (d) (other to apply this subparagraph with respect to ‘‘(II) inform the Pension Benefit Guaranty than paragraph (2)(A) thereof), and (e) shall the shortfall amortization base of a plan for Corporation of such election in such form

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2304 CONGRESSIONAL RECORD — SENATE April 14, 2010 and manner as the Director of the Pension as an installment acceleration amount with the case of a person other than a corpora- Benefit Guaranty Corporation may pre- respect to the succeeding plan year. tion. scribe. ‘‘(II) CAP TO APPLY.—If any amount treated ‘‘(v) OTHER EXCEPTIONS.—The following ‘‘(vii) INCREASES IN REQUIRED INSTALLMENTS as an installment acceleration amount under amounts includible in income shall not be IN CERTAIN CASES.—For increases in required subclause (I) or this subclause with respect taken into account under clause (i)(I): contributions in cases of excess compensa- any succeeding plan year, when added to ‘‘(I) COMMISSIONS.—Any remuneration pay- tion or extraordinary dividends or stock re- other installment acceleration amounts (de- able on a commission basis solely on account demptions, see paragraph (7).’’. termined without regard to clause (ii)) with of income directly generated by the indi- (2) INCREASES IN REQUIRED INSTALLMENTS IN respect to the plan year, exceeds the limita- vidual performance of the individual to CERTAIN CASES.—Section 303(c) of the Em- tion under clause (ii), the portion of such whom such remuneration is payable. ployee Retirement Income Security Act of amount representing such excess shall be ‘‘(II) CERTAIN PAYMENTS UNDER EXISTING 1974 (29 U.S.C. 1083(c)) is amended by adding treated as an installment acceleration CONTRACTS.—Any remuneration consisting of at the end the following paragraph: amount with respect to the next succeeding nonqualified deferred compensation, re- ‘‘(7) INCREASES IN ALTERNATE REQUIRED IN- plan year. stricted stock, stock options, or stock appre- STALLMENTS IN CASES OF EXCESS COMPENSA- ‘‘(III) LIMITATION ON YEARS TO WHICH ciation rights payable or granted under a TION OR EXTRAORDINARY DIVIDENDS OR STOCK AMOUNTS CARRIED FOR.—No amount shall be written binding contract that was in effect REDEMPTIONS.— carried under subclause (I) or (II) to a plan on March 1, 2010, and which was not modified ‘‘(A) IN GENERAL.—If there is an install- year which begins after the first plan year in any material respect before such remu- ment acceleration amount with respect to a following the last plan year in the restric- neration is paid. plan for any plan year in the restriction pe- tion period (or after the second plan year fol- ‘‘(vi) SELF-EMPLOYED INDIVIDUAL TREATED riod with respect to an election year under lowing such last plan year in the case of an AS EMPLOYEE.—The term ‘employee’ in- paragraph (2)(D), then the shortfall amorti- election year with respect to which 15-year cludes, with respect to a calendar year, a zation installment otherwise determined and amortization was elected under paragraph self-employed individual who is treated as an payable under such paragraph for such plan (2)(D)). employee under section 401(c) of such Code year shall, subject to the limitation under ‘‘(IV) ORDERING RULES.—For purposes of for the taxable year ending during such cal- subparagraph (B), be increased by such endar year, and the term ‘compensation’ amount. applying subclause (II), installment acceleration amounts for the plan year (determined shall include earned income of such indi- ‘‘(B) TOTAL INSTALLMENTS LIMITED TO without regard to any carryover under this vidual with respect to such self-employment. SHORTFALL BASE.—Subject to rules pre- ‘‘(vii) INDEXING OF AMOUNT.—In the case of scribed by the Secretary of the Treasury, if clause) shall be applied first against the limitation under clause (ii) and then carryovers any calendar year beginning after 2010, the a shortfall amortization installment with re- dollar amount under clause (i)(II) shall be in- spect to any shortfall amortization base for to such plan year shall be applied against such limitation on a first-in, first-out basis. creased by an amount equal to— an election year is required to be increased ‘‘(I) such dollar amount, multiplied by for any plan year under subparagraph (A)— ‘‘(D) EXCESS EMPLOYEE COMPENSATION.—For purposes of this paragraph— ‘‘(II) the cost-of-living adjustment deter- ‘‘(i) such increase shall not result in the mined under section 1(f)(3) of such Code for amount of such installment exceeding the ‘‘(i) IN GENERAL.—The term ‘excess em- the calendar year, determined by sub- present value of such installment and all ployee compensation’ means, with respect to stituting ‘calendar year 2009’ for ‘calendar succeeding installments with respect to such any employee for any plan year, the excess year 1992’ in subparagraph (B) thereof. base (determined without regard to such in- (if any) of— crease but after application of clause (ii)), ‘‘(I) the aggregate amount includible in in- If the amount of any increase under clause and come under chapter 1 of the Internal Rev- (i) is not a multiple of $1,000, such increase ‘‘(ii) subsequent shortfall amortization in- enue Code of 1986 for remuneration during shall be rounded to the next lowest multiple stallments with respect to such base shall, in the calendar year in which such plan year of $1,000. reverse order of the otherwise required in- begins for services performed by the em- ‘‘(E) EXTRAORDINARY DIVIDENDS AND RE- stallments, be reduced to the extent nec- ployee for the plan sponsor (whether or not DEMPTIONS.— essary to limit the present value of such sub- performed during such calendar year), over ‘‘(i) IN GENERAL.—The amount determined sequent shortfall amortization installments ‘‘(II) $1,000,000. under this subparagraph for any plan year is (after application of this paragraph) to the ‘‘(ii) AMOUNTS SET ASIDE FOR NONQUALIFIED the excess (if any) of the sum of the divi- present value of the remaining unamortized DEFERRED COMPENSATION.—If during any cal- dends declared during the plan year by the shortfall amortization base. endar year assets are set aside or reserved plan sponsor plus the aggregate amount paid ‘‘(C) INSTALLMENT ACCELERATION AMOUNT.— (directly or indirectly) in a trust (or other for the redemption of stock of the plan spon- For purposes of this paragraph— arrangement as determined by the Secretary sor redeemed during the plan year over the ‘‘(i) IN GENERAL.—The term ‘installment of the Treasury), or transferred to such a greater of— acceleration amount’ means, with respect to trust or other arrangement, by a plan spon- ‘‘(I) the adjusted net income (within the any plan year in a restriction period with re- sor for purposes of paying deferred com- meaning of section 4043) of the plan sponsor spect to an election year, the sum of— pensation of an employee under a non- for the preceding plan year, determined ‘‘(I) the aggregate amount of excess em- qualified deferred compensation plan (as de- without regard to any reduction by reason of ployee compensation determined under sub- fined in section 409A of such Code) of the interest, taxes, depreciation, or amortiza- paragraph (D) with respect to all employees plan sponsor, then, for purposes of clause (i), tion, or for the plan year, plus the amount of such assets shall be treated as ‘‘(II) in the case of a plan sponsor that de- ‘‘(II) the aggregate amount of extraor- remuneration of the employee includible in termined and declared dividends in the same dinary dividends and redemptions deter- income for the calendar year unless such manner for at least 5 consecutive years im- mined under subparagraph (E) for the plan amount is otherwise includible in income for mediately preceding such plan year, the ag- year. such year. An amount to which the pre- gregate amount of dividends determined and ‘‘(ii) ANNUAL LIMITATION.—The installment ceding sentence applies shall not be taken declared for such plan year using such man- acceleration amount for any plan year shall into account under this paragraph for any ner. not exceed the excess (if any) of— subsequent calendar year. ‘‘(ii) ONLY CERTAIN POST-2009 DIVIDENDS AND ‘‘(I) the sum of the shortfall amortization ‘‘(iii) ONLY REMUNERATION FOR CERTAIN REDEMPTIONS COUNTED.—For purposes of installments for the plan year and all pre- POST-2009 SERVICES COUNTED.—Remuneration clause (i), there shall only be taken into ac- ceding plan years in the amortization period shall be taken into account under clause (i) count dividends declared, and redemptions elected under paragraph (2)(D) with respect only to the extent attributable to services occurring, after February 28, 2010. to the shortfall amortization base with re- performed by the employee for the plan spon- ‘‘(iii) EXCEPTION FOR INTRA-GROUP DIVI- spect to an election year, determined with- sor after February 28, 2010. DENDS.—Dividends paid by one member of a out regard to paragraph (2)(D) and this para- ‘‘(iv) EXCEPTION FOR CERTAIN EQUITY PAY- controlled group (as defined in section graph, over MENTS.— 302(d)(3)) to another member of such group ‘‘(II) the sum of the shortfall amortization ‘‘(I) IN GENERAL.—There shall not be taken shall not be taken into account under clause installments for such plan year and all such into account under clause (i)(I) any amount (i). preceding plan years, determined after appli- includible in income with respect to the ‘‘(iv) EXCEPTION FOR CERTAIN REDEMP- cation of paragraph (2)(D) (and in the case of granting after February 28, 2010, of service TIONS.—Redemptions that are made pursuant any preceding plan year, after application of recipient stock (within the meaning of sec- to a plan maintained with respect to employ- this paragraph). tion 409A of the Internal Revenue Code of ees, or that are made on account of the ‘‘(iii) CARRYOVER OF EXCESS INSTALLMENT 1986) that, upon such grant, is subject to a death, disability, or termination of employ- ACCELERATION AMOUNTS.— substantial risk of forfeiture (as defined ment of an employee or shareholder, shall ‘‘(I) IN GENERAL.—If the installment accel- under section 83(c)(1) of such Code) for at not be taken into account under clause (i). eration amount for any plan year (deter- least 5 years from the date of such grant. ‘‘(v) EXCEPTION FOR CERTAIN PREFERRED mined without regard to clause (ii)) exceeds ‘‘(II) SECRETARIAL AUTHORITY.—The Sec- STOCK.— the limitation under clause (ii), then, subject retary of the Treasury may by regulation ‘‘(I) IN GENERAL.—Dividends and redemp- to subclause (II), such excess shall be treated provide for the application of this clause in tions with respect to applicable preferred

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2305 stock shall not be taken into account under riod described in clause (ii) or the 15-plan- amended by adding at the end the following clause (i) to the extent that dividends accrue year period described in clause (iii), respec- paragraph: with respect to such stock at a specified rate tively, with respect to such shortfall amorti- ‘‘(7) INCREASES IN ALTERNATE REQUIRED IN- in all events and without regard to the plan zation base is the annual installment deter- STALLMENTS IN CASES OF EXCESS COMPENSA- sponsor’s income, and interest accrues on mined under the applicable clause for that TION OR EXTRAORDINARY DIVIDENDS OR STOCK any unpaid dividends with respect to such year for that base. REDEMPTIONS.— stock. ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The ‘‘(A) IN GENERAL.—If there is an install- ‘‘(II) APPLICABLE PREFERRED STOCK.—For shortfall amortization installments deter- ment acceleration amount with respect to a purposes of subclause (I), the term ‘applica- mined under this clause are— plan for any plan year in the restriction pe- ble preferred stock’ means preferred stock ‘‘(I) in the case of the first 2 plan years in riod with respect to an election year under which was issued before March 1, 2010 (or the 9-plan-year period beginning with the paragraph (2)(D), then the shortfall amorti- which was issued after such date and is held election year, interest on the shortfall amor- zation installment otherwise determined and by an employee benefit plan subject to the tization base of the plan for the election year payable under such paragraph for such plan provisions of this title). (determined using the effective interest rate year shall, subject to the limitation under ‘‘(F) OTHER DEFINITIONS AND RULES.—For for the plan for the election year), and subparagraph (B), be increased by such purposes of this paragraph— ‘‘(II) in the case of the last 7 plan years in amount. ‘‘(i) PLAN SPONSOR.—The term ‘ plan spon- such 9-plan-year period, the amounts nec- ‘‘(B) TOTAL INSTALLMENTS LIMITED TO sor’ includes any member of the plan spon- essary to amortize the remaining balance of SHORTFALL BASE.—Subject to rules pre- sor’s controlled group (as defined in section scribed by the Secretary, if a shortfall amor- the shortfall amortization base of the plan 302(d)(3)). tization installment with respect to any for the election year in level annual install- ‘‘(ii) RESTRICTION PERIOD.—The term ‘re- shortfall amortization base for an election ments over such last 7 plan years (using the striction period’ means, with respect to any year is required to be increased for any plan segment rates under subparagraph (C) for the election year— year under subparagraph (A)— election year). ‘‘(I) except as provided in subclause (II), ‘‘(i) such increase shall not result in the ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall the 3-year period beginning with the election amount of such installment exceeding the amortization installments determined under year (or, if later, the first plan year begin- present value of such installment and all ning after December 31, 2009), and this subparagraph are the amounts necessary succeeding installments with respect to such ‘‘(II) if the plan sponsor elects 15-year am- to amortize the shortfall amortization base base (determined without regard to such in- ortization for the shortfall amortization base of the plan for the election year in level an- crease but after application of clause (ii)), for the election year, the 5-year period begin- nual installments over the 15-plan-year pe- and ning with the election year (or, if later, the riod beginning with the election year (using ‘‘(ii) subsequent shortfall amortization in- first plan year beginning after December 31, the segment rates under subparagraph (C) for stallments with respect to such base shall, in 2009). the election year). reverse order of the otherwise required in- ‘‘(iii) ELECTIONS FOR MULTIPLE PLANS.—If a ‘‘(iv) ELECTION.— stallments, be reduced to the extent nec- plan sponsor makes elections under para- ‘‘(I) IN GENERAL.—The plan sponsor of a essary to limit the present value of such sub- graph (2)(D) with respect to 2 or more plans, plan may elect to have this subparagraph sequent shortfall amortization installments the Secretary of the Treasury shall provide apply to not more than 2 eligible plan years (after application of this paragraph) to the rules for the application of this paragraph to with respect to the plan, except that in the present value of the remaining unamortized such plans, including rules for the ratable al- case of a plan described in section 106 of the shortfall amortization base. location of any installment acceleration Pension Protection Act of 2006, the plan ‘‘(C) INSTALLMENT ACCELERATION AMOUNT.— amount among such plans on the basis of sponsor may only elect to have this subpara- For purposes of this paragraph— each plan’s relative reduction in the plan’s graph apply to a plan year beginning in 2011. ‘‘(i) IN GENERAL.—The term ‘installment shortfall amortization installment for the ‘‘(II) AMORTIZATION SCHEDULE.—Such elec- acceleration amount’ means, with respect to first plan year in the amortization period de- tion shall specify whether the amortization any plan year in a restriction period with re- scribed in subparagraph (A) (determined schedule under clause (ii) or (iii) shall apply spect to an election year, the sum of— without regard to this paragraph). to an election year, except that if a plan ‘‘(I) the aggregate amount of excess em- ‘‘(iv) MERGERS AND ACQUISITIONS.—The Sec- sponsor elects to have this subparagraph ployee compensation determined under sub- retary of the Treasury shall prescribe rules apply to 2 eligible plan years, the plan spon- paragraph (D) with respect to all employees for the application of paragraph (2)(D) and sor must elect the same schedule for both for the plan year, plus this paragraph in any case where there is a years. ‘‘(II) the aggregate amount of extraor- merger or acquisition involving a plan spon- ‘‘(III) OTHER RULES.—Such election shall be dinary dividends and redemptions deter- sor making the election under paragraph made at such time, and in such form and mined under subparagraph (E) for the plan (2)(D).’’. manner, as shall be prescribed by the Sec- year. (3) CONFORMING AMENDMENTS.—Section 303 retary, and may be revoked only with the ‘‘(ii) ANNUAL LIMITATION.—The installment of such Act (29 U.S.C. 1083) is amended— consent of the Secretary. The Secretary acceleration amount for any plan year shall (A) in subsection (c)(1), by striking ‘‘the shall, before granting a revocation request, not exceed the excess (if any) of— shortfall amortization bases for such plan provide the Pension Benefit Guaranty Cor- ‘‘(I) the sum of the shortfall amortization year and each of the 6 preceding plan years’’ poration an opportunity to comment on the installments for the plan year and all pre- and inserting ‘‘any shortfall amortization conditions applicable to the treatment of ceding plan years in the amortization period base which has not been fully amortized any portion of the election year shortfall elected under paragraph (2)(D) with respect under this subsection’’, and amortization base that remains unamortized to the shortfall amortization base with re- (B) in subsection (j)(3), by adding at the as of the revocation date. spect to an election year, determined with- end the following: ‘‘(v) ELIGIBLE PLAN YEAR.—For purposes of out regard to paragraph (2)(D) and this para- ‘‘(F) QUARTERLY CONTRIBUTIONS NOT TO IN- this subparagraph, the term ‘eligible plan graph, over CLUDE CERTAIN INCREASED CONTRIBUTIONS.— year’ means any plan year beginning in 2008, ‘‘(II) the sum of the shortfall amortization Subparagraph (D) shall be applied without 2009, 2010, or 2011, except that a plan year installments for such plan year and all such regard to any increase under subsection shall only be treated as an eligible plan year preceding plan years, determined after appli- (c)(7).’’. if the due date under subsection (j)(1) for the cation of paragraph (2)(D) (and in the case of (b) AMENDMENTS TO INTERNAL REVENUE payment of the minimum required contribu- any preceding plan year, after application of CODE OF 1986.— tion for such plan year occurs on or after the this paragraph). (1) IN GENERAL.—Paragraph (2) of section date of the enactment of this subparagraph. ‘‘(iii) CARRYOVER OF EXCESS INSTALLMENT 430(c) is amended by adding at the end the ‘‘(vi) REPORTING.—A plan sponsor of a plan ACCELERATION AMOUNTS.— following subparagraph: who makes an election under clause (i) ‘‘(I) IN GENERAL.—If the installment accel- ‘‘(D) SPECIAL ELECTION FOR ELIGIBLE PLAN shall— eration amount for any plan year (deter- YEARS.— ‘‘(I) give notice of the election to partici- mined without regard to clause (ii)) exceeds ‘‘(i) IN GENERAL.—If a plan sponsor elects pants and beneficiaries of the plan, and the limitation under clause (ii), then, subject to apply this subparagraph with respect to ‘‘(II) inform the Pension Benefit Guaranty to subclause (II), such excess shall be treated the shortfall amortization base of a plan for Corporation of such election in such form as an installment acceleration amount with any eligible plan year (in this subparagraph and manner as the Director of the Pension respect to the succeeding plan year. and paragraph (7) referred to as an ‘election Benefit Guaranty Corporation may pre- ‘‘(II) CAP TO APPLY.—If any amount treated year’), then, notwithstanding subparagraphs scribe. as an installment acceleration amount under (A) and (B)— ‘‘(vii) INCREASES IN REQUIRED INSTALLMENTS subclause (I) or this subclause with respect ‘‘(I) the shortfall amortization install- IN CERTAIN CASES.—For increases in required any succeeding plan year, when added to ments with respect to such base shall be de- contributions in cases of excess compensa- other installment acceleration amounts (determined under clause (ii) or (iii), whichever tion or extraordinary dividends or stock re- termined without regard to clause (ii)) with is specified in the election, and demptions, see paragraph (7).’’. respect to the plan year, exceeds the limita- ‘‘(II) the shortfall amortization install- (2) INCREASES IN REQUIRED CONTRIBUTIONS IF tion under clause (ii), the portion of such ment for any plan year in the 9-plan-year pe- EXCESS COMPENSATION PAID.—Section 430(c) is amount representing such excess shall be

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treated as an installment acceleration written binding contract that was in effect ‘‘(F) OTHER DEFINITIONS AND RULES.—For amount with respect to the next succeeding on March 1, 2010, and which was not modified purposes of this paragraph— plan year. in any material respect before such remu- ‘‘(i) PLAN SPONSOR.—The term ‘ plan spon- ‘‘(III) LIMITATION ON YEARS TO WHICH neration is paid. sor’ includes any member of the plan spon- AMOUNTS CARRIED FOR.—No amount shall be ‘‘(vi) SELF-EMPLOYED INDIVIDUAL TREATED sor’s controlled group (as defined in section carried under subclause (I) or (II) to a plan AS EMPLOYEE.—The term ‘employee’ in- 412(d)(3)). year which begins after the first plan year cludes, with respect to a calendar year, a ‘‘(ii) RESTRICTION PERIOD.—The term ‘re- following the last plan year in the restric- self-employed individual who is treated as an striction period’ means, with respect to any tion period (or after the second plan year fol- employee under section 401(c) for the taxable election year— lowing such last plan year in the case of an year ending during such calendar year, and ‘‘(I) except as provided in subclause (II), election year with respect to which 15-year the term ‘compensation’ shall include earned the 3-year period beginning with the election amortization was elected under paragraph income of such individual with respect to year (or, if later, the first plan year begin- (2)(D)). such self-employment. ning after December 31, 2009), and ‘‘(IV) ORDERING RULES.—For purposes of ‘‘(vii) INDEXING OF AMOUNT.—In the case of ‘‘(II) if the plan sponsor elects 15-year am- applying subclause (II), installment accelera- any calendar year beginning after 2010, the ortization for the shortfall amortization base tion amounts for the plan year (determined dollar amount under clause (i)(II) shall be infor the election year, the 5-year period begin- without regard to any carryover under this creased by an amount equal to— ning with the election year (or, if later, the clause) shall be applied first against the lim- ‘‘(I) such dollar amount, multiplied by first plan year beginning after December 31, itation under clause (ii) and then carryovers ‘‘(II) the cost-of-living adjustment deter- 2009). to such plan year shall be applied against mined under section 1(f)(3) for the calendar ‘‘(iii) ELECTIONS FOR MULTIPLE PLANS.—If a such limitation on a first-in, first-out basis. year, determined by substituting ‘calendar plan sponsor makes elections under para- ‘‘(D) EXCESS EMPLOYEE COMPENSATION.—For year 2009’ for ‘calendar year 1992’ in subparagraph (2)(D) with respect to 2 or more plans, purposes of this paragraph— graph (B) thereof. the Secretary shall provide rules for the ap- ‘‘(i) IN GENERAL.—The term ‘excess em- If the amount of any increase under clause plication of this paragraph to such plans, in- ployee compensation’ means, with respect to (i) is not a multiple of $1,000, such increase cluding rules for the ratable allocation of any employee for any plan year, the excess shall be rounded to the next lowest multiple any installment acceleration amount among (if any) of— of $1,000. such plans on the basis of each plan’s rel- ‘‘(I) the aggregate amount includible in in- ‘‘(E) EXTRAORDINARY DIVIDENDS AND RE- ative reduction in the plan’s shortfall amor- come under this chapter for remuneration DEMPTIONS.— tization installment for the first plan year in during the calendar year in which such plan ‘‘(i) IN GENERAL.—The amount determined the amortization period described in sub- year begins for services performed by the under this subparagraph for any plan year is paragraph (A) (determined without regard to employee for the plan sponsor (whether or the excess (if any) of the sum of the divi- this paragraph). not performed during such calendar year), dends declared during the plan year by the ‘‘(iv) MERGERS AND ACQUISITIONS.—The Sec- over plan sponsor plus the aggregate amount paid retary shall prescribe rules for the applica- ‘‘(II) $1,000,000. for the redemption of stock of the plan spon- tion of paragraph (2)(D) and this paragraph ‘‘(ii) AMOUNTS SET ASIDE FOR NON-QUALIFIED sor redeemed during the plan year over the in any case where there is a merger or acqui- DEFERRED COMPENSATION.—If during any cal- greater of— sition involving a plan sponsor making the endar year assets are set aside or reserved ‘‘(I) the adjusted net income (within the election under paragraph (2)(D).’’. (directly or indirectly) in a trust (or other meaning of section 4043 of the Employee Re- (3) CONFORMING AMENDMENTS.—Section 430 arrangement as determined by the Sec- tirement Income Security Act of 1974) of the is amended— retary), or transferred to such a trust or plan sponsor for the preceding plan year, de- (A) in subsection (c)(1), by striking ‘‘the other arrangement, by a plan sponsor for termined without regard to any reduction by shortfall amortization bases for such plan purposes of paying deferred compensation of reason of interest, taxes, depreciation, or year and each of the 6 preceding plan years’’ an employee under a nonqualified deferred amortization, or and inserting ‘‘any shortfall amortization compensation plan (as defined in section ‘‘(II) in the case of a plan sponsor that de- base which has not been fully amortized 409A) of the plan sponsor, then, for purposes termined and declared dividends in the same under this subsection’’, and of clause (i), the amount of such assets shall manner for at least 5 consecutive years im- (B) in subsection (j)(3), by adding at the be treated as remuneration of the employee mediately preceding such plan year, the ag- end the following: includible in income for the calendar year gregate amount of dividends determined and ‘‘(F) QUARTERLY CONTRIBUTIONS NOT TO IN- unless such amount is otherwise includible declared for such plan year using such man- CLUDE CERTAIN INCREASED CONTRIBUTIONS.— in income for such year. An amount to which ner. Subparagraph (D) shall be applied without the preceding sentence applies shall not be ‘‘(ii) ONLY CERTAIN POST-2009 DIVIDENDS AND regard to any increase under subsection taken into account under this paragraph for REDEMPTIONS COUNTED.—For purposes of (c)(7).’’. any subsequent calendar year. clause (i), there shall only be taken into ac- (c) EFFECTIVE DATE.—The amendments ‘‘(iii) ONLY REMUNERATION FOR CERTAIN count dividends declared, and redemptions made by this section shall apply to plan POST-2009 SERVICES COUNTED.—Remuneration occurring, after February 28, 2010. years beginning after December 31, 2007. shall be taken into account under clause (i) ‘‘(iii) EXCEPTION FOR INTRA-GROUP DIVI- SEC. 232. APPLICATION OF EXTENDED AMORTI- only to the extent attributable to services DENDS.—Dividends paid by one member of a ZATION PERIOD TO PLANS SUBJECT performed by the employee for the plan spon- controlled group (as defined in section TO PRIOR LAW FUNDING RULES. (a) IN GENERAL.—Title I of the Pension sor after February 28, 2010. 412(d)(3)) to another member of such group Protection Act of 2006 is amended by redesig- ‘‘(iv) EXCEPTION FOR CERTAIN EQUITY PAY- shall not be taken into account under clause nating section 107 as section 108 and by in- MENTS.— (i). serting the following after section 106: ‘‘(I) IN GENERAL.—There shall not be taken ‘‘(iv) EXCEPTION FOR CERTAIN REDEMP- ‘‘SEC. 107. APPLICATION OF EXTENDED AMORTI- into account under clause (i)(I) any amount TIONS.—Redemptions that are made pursuant ZATION PERIODS TO PLANS WITH includible in income with respect to the to a plan maintained with respect to employ- granting after February 28, 2010, of service DELAYED EFFECTIVE DATE. ees, or that are made on account of the ‘‘(a) IN GENERAL.—If the plan sponsor of a recipient stock (within the meaning of sec- death, disability, or termination of employ- plan to which section 104, 105, or 106 of this tion 409A) that, upon such grant, is subject ment of an employee or shareholder, shall Act applies elects to have this section apply to a substantial risk of forfeiture (as defined not be taken into account under clause (i). for any eligible plan year (in this section re- under section 83(c)(1)) for at least 5 years ‘‘(v) EXCEPTION FOR CERTAIN PREFERRED ferred to as an ‘election year’), section 302 of from the date of such grant. STOCK.— the Employee Retirement Income Security ‘‘(II) SECRETARIAL AUTHORITY.—The Sec- ‘‘(I) IN GENERAL.—Dividends and redemp- Act of 1974 and section 412 of the Internal retary may by regulation provide for the ap- tions with respect to applicable preferred Revenue Code of 1986 (as in effect before the plication of this clause in the case of a per- stock shall not be taken into account under amendments made by this subtitle and sub- son other than a corporation. clause (i) to the extent that dividends accrue title B) shall apply to such year in the man- ‘‘(v) OTHER EXCEPTIONS.—The following with respect to such stock at a specified rate ner described in subsection (b) or (c), which- amounts includible in income shall not be in all events and without regard to the plan ever is specified in the election. All ref- taken into account under clause (i)(I): sponsor’s income, and interest accrues on erences in this section to ‘such Act’ or ‘such ‘‘(I) COMMISSIONS.—Any remuneration pay- any unpaid dividends with respect to such Code’ shall be to such Act or such Code as in able on a commission basis solely on account stock. effect before the amendments made by this of income directly generated by the indi- ‘‘(II) APPLICABLE PREFERRED STOCK.—For subtitle and subtitle B. vidual performance of the individual to purposes of subclause (I), the term ‘applica- ‘‘(b) APPLICATION OF 2 AND 7 RULE.—In the whom such remuneration is payable. ble preferred stock’ means preferred stock case of an election year to which this sub- ‘‘(II) CERTAIN PAYMENTS UNDER EXISTING which was issued before March 1, 2010 (or section applies— CONTRACTS.—Any remuneration consisting of which was issued after such date and is held ‘‘(1) 2-YEAR LOOKBACK FOR DETERMINING nonqualified deferred compensation, re- by an employee benefit plan subject to the DEFICIT REDUCTION CONTRIBUTIONS FOR CER- stricted stock, stock options, or stock appre- provisions of title I of Employee Retirement TAIN PLANS.—For purposes of applying sec- ciation rights payable or granted under a Income Security Act of 1974). tion 302(d)(9) of such Act and section 412(l)(9)

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of such Code, the funded current liability made by this subtitle and subtitle B apply to ‘‘(iii) APPLICABLE PROVISION.—For purposes percentage (as defined in subparagraph (C) the plan. of this subparagraph, the term ‘applicable thereof) for such plan for such plan year ‘‘(3) INCREASED UNFUNDED NEW LIABILITY.— provision’ means— shall be such funded current liability per- The term ‘increased unfunded new liability’ ‘‘(I) paragraph (3), but only for purposes of centage of such plan for the second plan year means, with respect to a year, the excess (if applying such paragraph to a payment preceding the first election year of such any) of the unfunded new liability over the which, as determined under rules prescribed plan. amount of unfunded new liability deter- by the Secretary of the Treasury, is a pay- ‘‘(2) CALCULATION OF DEFICIT REDUCTION mined as if the value of the plan’s assets de- ment under a social security leveling option CONTRIBUTION.—For purposes of applying sec- termined under subsection 302(c)(2) of such which accelerates payments under the plan tion 302(d) of such Act and section 412(l) of Act and section 412(c)(2) of such Code equaled before, and reduces payments after, a partic- such Code to a plan to which such sections the product of the current liability of the ipant starts receiving social security bene- apply (after taking into account paragraph plan for the year multiplied by the funded fits in order to provide substantially similar (1))— current liability percentage (as defined in aggregate payments both before and after ‘‘(A) in the case of the increased unfunded section 302(d)(8)(B) of such Act and such benefits are received, and new liability of the plan, the applicable per- 412(l)(8)(B) of such Code) of the plan for the ‘‘(II) paragraph (4).’’. centage described in section 302(d)(4)(C) of second plan year preceding the first election (2) AMENDMENT TO INTERNAL REVENUE CODE such Act and section 412(l)(4)(C) of such Code year of such plan. OF 1986.—Section 436(j) of the Internal Rev- shall be the third segment rate described in ‘‘(4) OTHER DEFINITIONS.—The terms ‘un- enue Code of 1986 is amended by adding at sections 104(b), 105(b), and 106(b) of this Act, funded new liability’ and ‘current liability’ the end the following: and shall have the meanings set forth in section ‘‘(3) SPECIAL RULE FOR CERTAIN YEARS.— ‘‘(B) in the case of the excess of the un- 302(d) of such Act and section 412(l) of such Solely for purposes of any applicable provi- funded new liability over the increased un- Code.’’. sion— funded new liability, such applicable per- (b) ELIGIBLE CHARITY PLANS.—Section 104 ‘‘(A) IN GENERAL.—For plan years begin- centage shall be determined without regard of the Pension Protection Act of 2006 is ning on or after October 1, 2008, and before to this section. amended— October 1, 2010, the adjusted funding target ‘‘(c) APPLICATION OF 15-YEAR AMORTIZA- (1) by striking ‘‘eligible cooperative plan’’ attainment percentage of a plan shall be the TION.—In the case of an election year to wherever it appears in subsections (a) and (b) greater of— which this subsection applies, for purposes of and inserting ‘‘eligible cooperative plan or ‘‘(i) such percentage, as determined with- applying section 302(d) of such Act and sec- an eligible charity plan’’, and out regard to this paragraph, or tion 412(l) of such Code— (2) by adding at the end the following new ‘‘(ii) the adjusted funding target attain- ‘‘(1) in the case of the increased unfunded subsection: ment percentage for such plan for the plan new liability of the plan, the applicable per- ‘‘(d) ELIGIBLE CHARITY PLAN DEFINED.—For year beginning after October 1, 2007, and be- centage described in section 302(d)(4)(C) of purposes of this section, a plan shall be fore October 1, 2008, as determined under such Act and section 412(l)(4)(C) of such Code treated as an eligible charity plan for a plan rules prescribed by the Secretary. for any pre-effective date plan year begin- year if the plan is maintained by more than ‘‘(B) SPECIAL RULE.—In the case of a plan ning with or after the first election year one employer (determined without regard to for which the valuation date is not the first shall be the ratio of— section 414(c) of the Internal Revenue Code) day of the plan year— ‘‘(A) the annual installments payable in and 100 percent of the employers are de- ‘‘(i) subparagraph (A) shall apply to plan each year if the increased unfunded new li- scribed in section 501(c)(3) of such Code.’’. years beginning after December 31, 2007, and ability for such plan year were amortized (c) EFFECTIVE DATE.— before January 1, 2010, and over 15 years, using an interest rate equal to (1) IN GENERAL.—The amendment made by ‘‘(ii) subparagraph (A)(ii) shall apply based the third segment rate described in sections subsection (a) shall take effect as if included on the last plan year beginning before No- 104(b), 105(b), and 106(b) of this Act, to in the Pension Protection Act of 2006. vember 1, 2007, as determined under rules ‘‘(B) the increased unfunded new liability (2) ELIGIBLE CHARITY PLAN.—The amend- prescribed by the Secretary. for such plan year, and ments made by subsection (b) shall apply to ‘‘(C) APPLICABLE PROVISION.—For purposes ‘‘(2) in the case of the excess of the un- plan years beginning after December 31, 2007, of this paragraph, the term ‘applicable provi- funded new liability over the increased un- except that a plan sponsor may elect to sion’ means— funded new liability, such applicable per- apply such amendments to plan years begin- ‘‘(i) subsection (d), but only for purposes of centage shall be determined without regard ning after December 31, 2008. Any such elec- applying such paragraph to a payment to this section. tion shall be made at such time, and in such which, as determined under rules prescribed ‘‘(d) ELECTION.— form and manner, as shall be prescribed by by the Secretary, is a payment under a so- ‘‘(1) IN GENERAL.—The plan sponsor of a the Secretary of the Treasury, and may be cial security leveling option which acceler- plan may elect to have this section apply to revoked only with the consent of the Sec- ates payments under the plan before, and re- not more than 2 eligible plan years with re- retary of the Treasury. duces payments after, a participant starts spect to the plan, except that in the case of SEC. 233. LOOKBACK FOR CERTAIN BENEFIT RE- receiving social security benefits in order to a plan to which section 106 of this Act ap- STRICTIONS. provide substantially similar aggregate pay- plies, the plan sponsor may only elect to (a) IN GENERAL.— ments both before and after such benefits are have this section apply to 1 eligible plan (1) AMENDMENT TO ERISA.—Section 206(g)(9) received, and year. of the Employee Retirement Income Secu- ‘‘(ii) subsection (e).’’. ‘‘(2) AMORTIZATION SCHEDULE.—Such elec- rity Act of 1974 is amended by adding at the (b) INTERACTION WITH WRERA RULE.—Sec- tion shall specify whether the rules under end the following: tion 203 of the Worker, Retiree, and Em- subsection (b) or (c) shall apply to an elec- ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS.— ployer Recovery Act of 2008 shall apply to a tion year, except that if a plan sponsor elects Solely for purposes of any applicable provi- plan for any plan year in lieu of the amend- to have this section apply to 2 eligible plan sion— ments made by this section applying to sec- years, the plan sponsor must elect the same ‘‘(i) IN GENERAL.—For plan years beginning tions 206(g)(4) of the Employee Retirement rule for both years. on or after October 1, 2008, and before Octo- Income Security Act of 1974 and 436(e) of the ‘‘(3) OTHER RULES.—Such election shall be ber 1, 2010, the adjusted funding target at- Internal Revenue Code of 1986 only to the ex- made at such time, and in such form and tainment percentage of a plan shall be the tent that such section produces a higher ad- manner, as shall be prescribed by the Sec- greater of— justed funding target attainment percentage retary of the Treasury, and may be revoked ‘‘(I) such percentage, as determined with- for such plan for such year. only with the consent of the Secretary of the out regard to this subparagraph, or (c) EFFECTIVE DATE.— Treasury. ‘‘(II) the adjusted funding target attain- (1) IN GENERAL.—Except as provided in ‘‘(e) DEFINITIONS.—For purposes of this sec- ment percentage for such plan for the plan paragraph (2), the amendments made by this tion— year beginning after October 1, 2007, and be- section shall apply to plan years beginning ‘‘(1) ELIGIBLE PLAN YEAR.—For purposes of fore October 1, 2008, as determined under on or after October 1, 2008. this subparagraph, the term ‘eligible plan rules prescribed by the Secretary of the (2) SPECIAL RULE.—In the case of a plan for year’ means any plan year beginning in 2008, Treasury. which the valuation date is not the first day 2009, 2010, or 2011, except that a plan year be- ‘‘(ii) SPECIAL RULE.—In the case of a plan of the plan year, the amendments made by ginning in 2008 shall only be treated as an el- for which the valuation date is not the first this section shall apply to plan years begin- igible plan year if the due date for the pay- day of the plan year— ning after December 31, 2007. ment of the minimum required contribution ‘‘(I) clause (i) shall apply to plan years be- SEC. 234. LOOKBACK FOR CREDIT BALANCE for such plan year occurs on or after the date ginning after December 31, 2007, and before RULE FOR PLANS MAINTAINED BY of the enactment of this clause. January 1, 2010, and CHARITIES. ‘‘(2) PRE-EFFECTIVE DATE PLAN YEAR.—The ‘‘(II) clause (i)(II) shall apply based on the (a) AMENDMENT TO ERISA.—Paragraph (3) of term ‘pre-effective date plan year’ means, last plan year beginning before November 1, section 303(f) of the Employee Retirement with respect to a plan, any plan year prior to 2007, as determined under rules prescribed by Income Security Act of 1974 is amended by the first year in which the amendments the Secretary of the Treasury. adding the following at the end thereof:

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‘‘(D) SPECIAL RULE FOR CERTAIN YEARS OF ‘‘(i) IN GENERAL.—A multiemployer plan to have sufficient assets to timely pay ex- PLANS MAINTAINED BY CHARITIES.— with respect to which the solvency test pected benefits and anticipated expenditures ‘‘(i) IN GENERAL.—For purposes of applying under subparagraph (C) is met may treat the over the amortization period, taking into ac- subparagraph (C) for plan years beginning portion of any experience loss or gain attrib- count the changes in the funding standard after August 31, 2009, and before September 1, utable to net investment losses incurred in account under this paragraph. 2011, the ratio determined under such sub- either or both of the first two plan years ‘‘(D) RESTRICTION ON BENEFIT INCREASES.— paragraph for the preceding plan year shall ending after August 31, 2008, as an item sepa- If subparagraph (A) or (B) apply to a multi- be the greater of— rate from other experience losses, to be am- employer plan for any plan year, then, in ad- ‘‘(I) such ratio, as determined without re- ortized in equal annual installments (until dition to any other applicable restrictions on gard to this subparagraph, or fully amortized) over the period — benefit increases, a plan amendment increas- ‘‘(II) the ratio for such plan for the plan ‘‘(I) beginning with the plan year in which ing benefits may not go into effect during ei- year beginning after August 31, 2007, and be- such portion is first recognized in the actu- ther of the 2 plan years immediately fol- fore September 1, 2008, as determined under arial value of assets, and lowing such plan year unless— rules prescribed by the Secretary of the ‘‘(II) ending with the last plan year in the ‘‘(i) the plan actuary certifies that— Treasury. 30-plan year period beginning with the plan ‘‘(I) any such increase is paid for out of ad- ‘‘(ii) SPECIAL RULE.—In the case of a plan year in which such net investment loss was ditional contributions not allocated to the for which the valuation date is not the first incurred. plan immediately before the application of day of the plan year— ‘‘(ii) COORDINATION WITH EXTENSIONS.—If this paragraph to the plan, and ‘‘(I) clause (i) shall apply to plan years be- this subparagraph applies for any plan year— ‘‘(II) the plan’s funded percentage and pro- ginning after December 31, 2008, and before ‘‘(I) no extension of the amortization pe- jected credit balances for such 2 plan years January 1, 2011, and riod under clause (i) shall be allowed under are reasonably expected to be at least as ‘‘(II) clause (i)(II) shall apply based on the subsection (d), and high as such percentage and balances would last plan year beginning before September 1, ‘‘(II) if an extension was granted under have been if the benefit increase had not 2007, as determined under rules prescribed by subsection (d) for any plan year before the been adopted, or the Secretary of the Treasury. election to have this subparagraph apply to ‘‘(ii) the amendment is required as a condi- ‘‘(iii) LIMITATION TO CHARITIES.—This sub- the plan year, such extension shall not result tion of qualification under part I of subparagraph shall not apply to any plan unless in such amortization period exceeding 30 chapter D of chapter 1 of the Internal Rev- such plan is maintained exclusively by one years. enue Code of 1986 or to comply with other ap- or more organizations described in section ‘‘(iii) NET INVESTMENT LOSSES.—For pur- plicable law. 501(c)(3) of the Internal Revenue Code of poses of this subparagraph— ‘‘(E) REPORTING.—A plan sponsor of a plan 1986.’’. ‘‘(I) IN GENERAL.—Net investment losses to which this paragraph applies shall— (b) AMENDMENT TO INTERNAL REVENUE CODE shall be determined in the manner prescribed ‘‘(i) give notice of such application to par- OF 1986.—Paragraph (3) of section 430(f) of the by the Secretary of the Treasury on the basis ticipants and beneficiaries of the plan, and Internal Revenue Code of 1986 is amended by of the difference between actual and ex- ‘‘(ii) inform the Pension Benefit Guaranty adding the following at the end thereof: pected returns (including any difference at- Corporation of such application in such form ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS OF tributable to any criminally fraudulent in- and manner as the Director of the Pension PLANS MAINTAINED BY CHARITIES.— vestment arrangement). Benefit Guaranty Corporation may pre- ‘‘(i) IN GENERAL.—For purposes of applying ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT scribe.’’. subparagraph (C) for plan years beginning ARRANGEMENTS.—The determination as to (2) AMENDMENT TO INTERNAL REVENUE CODE after August 31, 2009, and before September 1, whether an arrangement is a criminally OF 1986.—Section 431(b) is amended by adding 2011, the ratio determined under such sub- fraudulent investment arrangement shall be at the end the following new paragraph: paragraph for the preceding plan year of a made under rules substantially similar to ‘‘(8) SPECIAL RELIEF RULES.—Notwith- plan shall be the greater of— the rules prescribed by the Secretary of the standing any other provision of this sub- ‘‘(I) such ratio, as determined without re- Treasury for purposes of section 165 of the section— gard to this subsection, or Internal Revenue Code of 1986. ‘‘(A) AMORTIZATION OF NET INVESTMENT ‘‘(II) the ratio for such plan for the plan ‘‘(B) EXPANDED SMOOTHING PERIOD.— LOSSES.— year beginning after August 31, 2007 and be- ‘‘(i) IN GENERAL.—A multiemployer plan ‘‘(i) IN GENERAL.—A multiemployer plan fore September 1, 2008, as determined under with respect to which the solvency test with respect to which the solvency test rules prescribed by the Secretary. under subparagraph (C) is met may change under subparagraph (C) is met may treat the ‘‘(ii) SPECIAL RULE.—In the case of a plan its asset valuation method in a manner portion of any experience loss or gain attrib- for which the valuation date is not the first which— utable to net investment losses incurred in day of the plan year— ‘‘(I) spreads the difference between ex- either or both of the first two plan years ‘‘(I) clause (i) shall apply to plan years be- pected and actual returns for either or both ending after August 31, 2008, as an item sepa- ginning after December 31, 2007, and before of the first 2 plan years ending after August rate from other experience losses, to be am- January 1, 2010, and 31, 2008, over a period of not more than 10 ortized in equal annual installments (until ‘‘(II) clause (i)(II) shall apply based on the years, fully amortized) over the period — last plan year beginning before September 1, ‘‘(II) provides that for either or both of the ‘‘(I) beginning with the plan year in which 2007, as determined under rules prescribed by first 2 plan years beginning after August 31, such portion is first recognized in the actu- the Secretary. 2008, the value of plan assets at any time arial value of assets, and ‘‘(iii) LIMITATION TO CHARITIES.—This sub- shall not be less than 80 percent or greater ‘‘(II) ending with the last plan year in the paragraph shall not apply to any plan unless than 130 percent of the fair market value of 30-plan year period beginning with the plan such plan is maintained exclusively by one such assets at such time, or year in which such net investment loss was or more organizations described in section ‘‘(III) makes both changes described in sub- incurred. 501(c)(3).’’. clauses (I) and (II) to such method. ‘‘(ii) COORDINATION WITH EXTENSIONS.—If (c) EFFECTIVE DATE.— ‘‘(ii) ASSET VALUATION METHODS.—If this this subparagraph applies for any plan year— (1) IN GENERAL.—Except as provided in subparagraph applies for any plan year— ‘‘(I) no extension of the amortization pe- paragraph (2), the amendments made by this ‘‘(I) the Secretary of the Treasury shall riod under clause (i) shall be allowed under section shall apply to plan years beginning not treat the asset valuation method of the subsection (d), and after August 31, 2009. plan as unreasonable solely because of the ‘‘(II) if an extension was granted under (2) SPECIAL RULE.—In the case of a plan for changes in such method described in clause subsection (d) for any plan year before the which the valuation date is not the first day (i), and election to have this subparagraph apply to of the plan year, the amendments made by ‘‘(II) such changes shall be deemed ap- the plan year, such extension shall not result this section shall apply to plan years begin- proved by such Secretary under section in such amortization period exceeding 30 ning after December 31, 2008. 302(d)(1) and section 412(d)(1) of such Code. years. PART II—MULTIEMPLOYER PLANS ‘‘(iii) AMORTIZATION OF REDUCTION IN UN- ‘‘(iii) NET INVESTMENT LOSSES.—For pur- SEC. 241. ADJUSTMENTS TO FUNDING STANDARD FUNDED ACCRUED LIABILITY.—If this subpara- poses of this subparagraph— ACCOUNT RULES. graph and subparagraph (A) both apply for ‘‘(I) IN GENERAL.—Net investment losses (a) ADJUSTMENTS.— any plan year, the plan shall treat any re- shall be determined in the manner prescribed (1) AMENDMENT TO ERISA.—Section 304(b) of duction in unfunded accrued liability result- by the Secretary on the basis of the dif- the Employee Retirement Income Security ing from the application of this subpara- ference between actual and expected returns Act of 1974 (29 U.S.C. 1084(b)) is amended by graph as a separate experience amortization (including any difference attributable to any adding at the end the following new para- base, to be amortized in equal annual install- criminally fraudulent investment arrange- graph: ments (until fully amortized) over a period ment). ‘‘(8) SPECIAL RELIEF RULES.—Notwith- of 30 plan years rather than the period such ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT standing any other provision of this sub- liability would otherwise be amortized over. ARRANGEMENTS.—The determination as to section— ‘‘(C) SOLVENCY TEST.—The solvency test whether an arrangement is a criminally ‘‘(A) AMORTIZATION OF NET INVESTMENT under this paragraph is met only if the plan fraudulent investment arrangement shall be LOSSES.— actuary certifies that the plan is projected made under rules substantially similar to

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the rules prescribed by the Secretary for pur- the plan’s funding standard account for the ‘‘(iv) EXCLUSION OF CERTAIN PROCESSED poses of section 165. first plan year beginning after August 31, FUELS WITH A HIGH ACID CONTENT.—The term ‘‘(B) EXPANDED SMOOTHING PERIOD.— 2008, shall be disregarded for purposes of ap- ‘cellulosic biofuel’ shall not include any ‘‘(i) IN GENERAL.—A multiemployer plan plying the provisions of section 305 of the processed fuel with an acid number greater with respect to which the solvency test Employee Retirement Income Security Act than 25. For purposes of the preceding sen- under subparagraph (C) is met may change of 1974 and section 432 of the Internal Rev- tence, the term ‘processed fuel’ means any its asset valuation method in a manner enue Code of 1986 to such plan year. fuel other than a fuel— which— (2) RESTRICTIONS ON BENEFIT INCREASES.— ‘‘(I) more than 4 percent of which (deter- ‘‘(I) spreads the difference between ex- Notwithstanding paragraph (1), the restric- mined by weight) is any combination of pected and actual returns for either or both tions on plan amendments increasing bene- water and sediment, or of the first 2 plan years ending after August fits in sections 304(b)(8)(D) of such Act and ‘‘(II) the ash content of which is more than 31, 2008, over a period of not more than 10 431(b)(8)(D) of such Code, as added by this 1 percent (determined by weight).’’. years, section, shall take effect on the date of en- (b) EFFECTIVE DATE.—The amendment ‘‘(II) provides that for either or both of the actment of this Act. made by this section shall apply to fuels sold first 2 plan years beginning after August 31, or used on or after January 1, 2010. 2008, the value of plan assets at any time SA 3726. Mr. COBURN proposed an SEC. 224. ELIMINATION OF ADVANCE shall not be less than 80 percent or greater amendment to amendment SA 3721 pro- REFUNDABILITY OF EARNED IN- than 130 percent of the fair market value of posed by Mr. BAUCUS to the bill H.R. COME CREDIT. such assets at such time, or 4851, to provide a temporary extension (a) IN GENERAL.—Section 3507, subsection (g) of section 32, and paragraph (7) of section ‘‘(III) makes both changes described in sub- of certain programs, and for other pur- clauses (I) and (II) to such method. 6051(a) are repealed. ‘‘(ii) ASSET VALUATION METHODS.—If this poses; as follows: (b) CONFORMING AMENDMENTS.— subparagraph applies for any plan year— At the end of the amendment, insert the (1) Section 6012(a) is amended by striking ‘‘(I) the Secretary shall not treat the asset following: paragraph (8) and by redesignating para- valuation method of the plan as unreason- TITLE II—OFFSETS FOR THE ACT graph (9) as paragraph (8). able solely because of the changes in such Subtitle A—Discretionary Spending (2) Section 6302 is amended by striking subsection (i). method described in clause (i), and SEC. 211. RESCISSION OF UNSPENT AND UNCOM- FFECTIVE ATE ‘‘(II) such changes shall be deemed ap- MITTED FEDERAL FUNDS. (c) E D .—The repeals and amendments made by this section shall proved by the Secretary under section (a) IN GENERAL.—Notwithstanding any 302(d)(1) of the Employee Retirement Income other provision of law, of all available unob- apply to taxable years beginning after De- Security Act of 1974 and section 412(d)(1). ligated Federal funds, the greater of cember 31, 2010. ‘‘(iii) AMORTIZATION OF REDUCTION IN UN- $20,000,000,000 or the amount determined nec- SEC. 225. UNEMPLOYMENT INSURANCE PRO- FUNDED ACCRUED LIABILITY.—If this subpara- essary under the Statutory Pay-As-You-Go GRAM INTEGRITY. graph and subparagraph (A) both apply for Act of 2010 (Public Law 111–139; 124 Stat. 8) to (a) REPORTING OF FIRST DAY OF EARNINGS any plan year, the plan shall treat any re- offset the budgetary effect of this Act, ex- TO DIRECTORY OF NEW HIRES.— duction in unfunded accrued liability result- cluding this section, in appropriated discre- (1) IN GENERAL.—Section 453A(b)(1)(A) of ing from the application of this subpara- tionary unexpired funds are rescinded. the Social Security Act (42 U.S.C. graph as a separate experience amortization (b) IMPLEMENTATION.—Not later than 60 653a(b)(1)(A)) is amended by inserting ‘‘the base, to be amortized in equal annual install- days after the date of enactment of this Act, date services for remuneration were first ments (until fully amortized) over a period the Director of the Office of Management performed by the employee,’’ after ‘‘of the of 30 plan years rather than the period such and Budget shall— employee,’’. liability would otherwise be amortized over. (1) identify the accounts and amounts re- (2) REPORTING FORMAT AND METHOD.—Sec- ‘‘(C) SOLVENCY TEST.—The solvency test scinded to implement subsection (a); and tion 453A(c) of the Social Security Act (42 under this paragraph is met only if the plan (2) submit a report to the Secretary of the U.S.C. 653a(c)) is amended by inserting ‘‘, to actuary certifies that the plan is projected Treasury and Congress of the accounts and the extent practicable,’’ after ‘‘Each report to have sufficient assets to timely pay ex- amounts identified under paragraph (1) for required by subsection (b) shall’’. pected benefits and anticipated expenditures rescission. (3) EFFECTIVE DATE.— over the amortization period, taking into ac- Subtitle B—Revenue Offset Provisions (A) IN GENERAL.—Subject to subparagraph count the changes in the funding standard (B), the amendments made by this sub- SEC. 221. AMENDMENT OF 1986 CODE. account under this paragraph. section shall take effect 6 months after the Except as otherwise expressly provided, ‘‘(D) RESTRICTION ON BENEFIT INCREASES.— date of enactment of this Act. whenever in this title an amendment or re- If subparagraph (A) or (B) apply to a multi- (B) COMPLIANCE TRANSITION PERIOD.—If the peal is expressed in terms of an amendment employer plan for any plan year, then, in ad- Secretary of Health and Human Services de- to, or repeal of, a section or other provision, dition to any other applicable restrictions on termines that State legislation (other than the reference shall be considered to be made benefit increases, a plan amendment increas- legislation appropriating funds) is required to a section or other provision of the Inter- ing benefits may not go into effect during ei- in order for a State plan under part D of title nal Revenue Code of 1986. ther of the 2 plan years immediately fol- IV of the Social Security Act to meet the ad- lowing such plan year unless— SEC. 222. INFORMATION REPORTING FOR RENT- ditional requirements imposed by the AL PROPERTY EXPENSE PAYMENTS. ‘‘(i) the plan actuary certifies that— amendment made by paragraph (1), the plan (a) IN GENERAL.—Section 6041 is amended ‘‘(I) any such increase is paid for out of ad- by adding at the end the following new sub- shall not be regarded as failing to meet such ditional contributions not allocated to the section: requirements before the first day of the sec- plan immediately before the application of ‘‘(h) TREATMENT OF RENTAL PROPERTY EX- ond calendar quarter beginning after the this paragraph to the plan, and PENSE PAYMENTS.— close of the first regular session of the State ‘‘(II) the plan’s funded percentage and pro- ‘‘(1) IN GENERAL.—For purposes of sub- legislature that begins after the effective jected credit balances for such 2 plan years section (a), a person receiving rental income date of such amendment. If the State has a are reasonably expected to be at least as from real estate (other than a qualified resi- 2-year legislative session, each year of the high as such percentage and balances would dence) shall be considered to be engaged in a session is deemed to be a separate regular have been if the benefit increase had not trade or business of renting property. session of the State legislature. been adopted, or ‘‘(2) QUALIFIED RESIDENCE.—For purposes of (b) EXTENSION AND MODIFICATION OF COL- ‘‘(ii) the amendment is required as a condi- paragraph (1), the term ‘qualified residence’ LECTION OF PAST-DUE DEBT FOR ERRONEOUS tion of qualification under part I of sub- means— PAYMENT OF UNEMPLOYMENT COMPENSA- chapter D or to comply with other applicable ‘‘(A) the principal residence (within the TION.— law. meaning of section 121) of the taxpayer, and (1) PERMANENT EXTENSION.—Subsection (f) ‘‘(E) REPORTING.—A plan sponsor of a plan ‘‘(B) 1 other residence of the taxpayer of section 6402 is amended by striking para- to which this paragraph applies shall— which is selected by the taxpayer for pur- graph (8). ‘‘(i) give notice of such application to par- poses of this subsection for the taxable year (2) COLLECTION IN ALL STATES.—Subsection ticipants and beneficiaries of the plan, and and which is used by the taxpayer as a resi- (f) of section 6402, as amended by paragraph ‘‘(ii) inform the Pension Benefit Guaranty dence (within the meaning of section (1), is amended by striking paragraph (3) and Corporation of such application in such form 280A(d)(1)).’’. redesignating paragraphs (4) through (7) as and manner as the Director of the Pension (b) EFFECTIVE DATE.—The amendment paragraphs (3) through (6), respectively. Benefit Guaranty Corporation may pre- made by this section shall apply to payments (3) COLLECTION FOR REASONS OTHER THAN scribe.’’. made after December 31, 2010. FRAUD.— (b) EFFECTIVE DATES.— SEC. 223. CRUDE TALL OIL INELIGIBLE FOR CEL- (A) IN GENERAL.—Paragraph (4) of section (1) IN GENERAL.—The amendments made by LULOSIC BIOFUEL PRODUCER 6402(f), as redesignated by paragraph (2), is this section shall take effect as of the first CREDIT. amended by striking ‘‘due to fraud’’ each day of the first plan year ending after Au- (a) IN GENERAL.—Section 40(B)(6)(E) is place it appears. gust 31, 2008, except that any election a plan amended by adding at the end the following (B) CONFORMING AMENDMENTS.—Section makes pursuant to this section that affects new clause: 6402(f) is amended—

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(i) in paragraph (3), as redesignated by ‘‘(1) IN GENERAL.—For each fifth calendar ‘‘(i) IN GENERAL.—If a plan sponsor elects paragraph (2)— year beginning after 2012, each of the dollar to apply this subparagraph with respect to (I) by striking ‘‘or due to fraud’’ in sub- amounts under subsections (a), (b), (d) (other the shortfall amortization base of a plan for paragraph (B), and than paragraph (2)(A) thereof), and (e) shall any eligible plan year (in this subparagraph (II) by striking ‘‘and due to fraud’’ in sub- be increased by such dollar amount multi- and paragraph (7) referred to as an ‘election paragraph (C), and plied by the cost-of-living adjustment deter- year’), then, notwithstanding subparagraphs (ii) in the heading, by striking ‘‘RESULTING mined under section 1(f)(3) determined by (A) and (B)— FROM FRAUD’’. substituting ‘calendar year 2011’ for ‘cal- ‘‘(I) the shortfall amortization install- endar year 1992’ in subparagraph (B) thereof. (4) EFFECTIVE DATE.—The amendments ments with respect to such base shall be de- made by this subsection shall apply to re- ‘‘(2) ROUNDING.—If any amount adjusted termined under clause (ii) or (iii), whichever funds payable on or after the date of the en- under paragraph (1)— is specified in the election, and actment of this Act. ‘‘(A) is not less than $75,000 and is not a ‘‘(II) the shortfall amortization install- SEC. 226. PARTICIPANTS IN GOVERNMENT SEC- multiple of $500, such amount shall be round- TION 457 PLANS ALLOWED TO TREAT ed to the next lowest multiple of $500, and ment for any plan year in the 9-plan-year pe- ELECTIVE DEFERRALS AS ROTH ‘‘(B) is not described in subparagraph (A) riod described in clause (ii) or the 15-plan- CONTRIBUTIONS. and is not a multiple of $10, such amount year period described in clause (iii), respec- (a) IN GENERAL.—Section 402A(e)(1) (defin- shall be rounded to the next lowest multiple tively, with respect to such shortfall amorti- ing applicable retirement plan) is amended of $10.’’. zation base is the annual installment deter- by striking ‘‘and’’ at the end of subparagraph (g) EFFECTIVE DATE.—The amendments mined under the applicable clause for that (A), by striking the period at the end of sub- made by this section shall apply with respect year for that base. paragraph (B) and inserting ‘‘, and’’, and by to information returns required to be filed ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The adding at the end the following: on or after January 1, 2011. shortfall amortization installments deter- ‘‘(C) an eligible deferred compensation plan SEC. 228. ROLLOVERS FROM ELECTIVE DEFER- mined under this clause are— (as defined in section 457(b)) of an eligible RAL PLANS TO ROTH DESIGNATED ‘‘(I) in the case of the first 2 plan years in ACCOUNTS. employer described in section 457(e)(1)(A).’’. the 9-plan-year period beginning with the (b) ELECTIVE DEFERRALS.—Section (a) IN GENERAL.—Section 402A(c) is amended by adding at the end the following new election year, interest on the shortfall amor- 402A(e)(2) (defining elective deferral) is tization base of the plan for the election year amended to read as follows: paragraph: AXABLE ROLLOVERS TO DESIGNATED (determined using the effective interest rate ‘‘(2) ELECTIVE DEFERRAL.—The term ‘elec- ‘‘(4) T for the plan for the election year), and tive deferral’ means— ROTH ACCOUNTS.— ‘‘(II) in the case of the last 7 plan years in ‘‘(A) any elective deferral described in sub- ‘‘(A) IN GENERAL.—Notwithstanding sec- such 9-plan-year period, the amounts nec- paragraph (A) or (C) of section 402(g)(3), and tions 402(c), 403(b)(8), and 457(e)(16), in the ‘‘(B) any elective deferral of compensation case of any distribution to which this para- essary to amortize the remaining balance of by an individual under an eligible deferred graph applies— the shortfall amortization base of the plan ‘‘(i) there shall be included in gross income compensation plan (as defined in section for the election year in level annual install- any amount which would be includible were 457(b)) of an eligible employer described in ments over such last 7 plan years (using the it not part of a qualified rollover contribu- section 457(e)(1)(A).’’. segment rates under subparagraph (C) for the tion, (c) EFFECTIVE DATE.—The amendments election year). made by this section shall apply to taxable ‘‘(ii) section 72(t) shall not apply, and ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall years beginning after December 31, 2010. ‘‘(iii) unless the taxpayer elects not to amortization installments determined under have this clause apply, any amount required SEC. 227. INCREASE IN INFORMATION RETURN this subparagraph are the amounts necessary PENALTIES. to be included in gross income for any tax- to amortize the shortfall amortization base able year beginning in 2010 by reason of this (a) FAILURE TO FILE CORRECT INFORMATION of the plan for the election year in level an- paragraph shall be so included ratably over RETURNS.— nual installments over the 15-plan-year pe- the 2-taxable-year period beginning with the (1) IN GENERAL.—Subsections (a)(1), riod beginning with the election year (using first taxable year beginning in 2011. (b)(1)(A), and (b)(2)(A) of section 6721 are the segment rates under subparagraph (C) for each amended by striking ‘‘$50’’ and insert- Any election under clause (iii) for any dis- the election year). ing ‘‘$100’’. tributions during a taxable year may not be ‘‘(iv) ELECTION.— (2) AGGREGATE ANNUAL LIMITATION.—Sub- changed after the due date for such taxable ‘‘(I) IN GENERAL.—The plan sponsor of a sections (a)(1), (d)(1)(A), and (e)(3)(A) of sec- year. plan may elect to have this subparagraph tion 6721 are each amended by striking ‘‘(B) DISTRIBUTIONS TO WHICH PARAGRAPH apply to not more than 2 eligible plan years APPLIES.—In the case of an applicable retire- ‘‘$250,000’’ and inserting ‘‘$1,500,000’’. with respect to the plan, except that in the (b) REDUCTION WHERE CORRECTION WITHIN ment plan which includes a qualified Roth case of a plan described in section 106 of the 30 DAYS.— contribution program, this paragraph shall Pension Protection Act of 2006, the plan (1) IN GENERAL.—Subparagraph (A) of sec- apply to a distribution from such plan other sponsor may only elect to have this subpara- tion 6721(b)(1) is amended by striking ‘‘$15’’ than from a designated Roth account which graph apply to a plan year beginning in 2011. and inserting ‘‘$30’’. is contributed in a qualified rollover con- ‘‘(II) AMORTIZATION SCHEDULE.—Such elec- (2) AGGREGATE ANNUAL LIMITATION.—Sub- tribution to the designated Roth account sections (b)(1)(B) and (d)(1)(B) of section 6721 maintained under such plan for the benefit of tion shall specify whether the amortization are each amended by striking ‘‘$75,000’’ and the individual to whom the distribution is schedule under clause (ii) or (iii) shall apply inserting ‘‘$250,000’’. made. to an election year, except that if a plan (c) REDUCTION WHERE CORRECTION ON OR ‘‘(C) OTHER RULES.—The rules of subpara- sponsor elects to have this subparagraph BEFORE AUGUST 1.— graphs (D), (E), and (F) of section 408A(d)(3) apply to 2 eligible plan years, the plan spon- (1) IN GENERAL.—Subparagraph (A) of sec- (as in effect for taxable years beginning after sor must elect the same schedule for both tion 6721(b)(2) is amended by striking ‘‘$30’’ 2009) shall apply for purposes of this para- years. and inserting ‘‘$60’’. graph.’’. ‘‘(III) OTHER RULES.—Such election shall be (2) AGGREGATE ANNUAL LIMITATION.—Sub- (b) CONFORMING AMENDMENT.—Section made at such time, and in such form and sections (b)(2)(B) and (d)(1)(C) of section 6721 402A(d)(3)(A) is amended by striking ‘‘A’’ and manner, as shall be prescribed by the Sec- are each amended by striking ‘‘$150,000’’ and inserting ‘‘Except as provided in paragraph retary of the Treasury, and may be revoked inserting ‘‘$500,000’’. (4), a’’. only with the consent of the Secretary of the (d) AGGREGATE ANNUAL LIMITATIONS FOR (c) EFFECTIVE DATE.—The amendments Treasury. The Secretary of the Treasury made by this section shall apply to distribu- PERSONS WITH GROSS RECEIPTS OF NOT MORE shall, before granting a revocation request, THAN $5,000,000.—Paragraph (1) of section tions in plan years beginning after December 31, 2009. provide the Pension Benefit Guaranty Cor- 6721(d) is amended— poration an opportunity to comment on the Subtitle C—Pension Funding Relief (1) by striking ‘‘$100,000’’ in subparagraph conditions applicable to the treatment of (A) and inserting ‘‘$500,000’’, PART I—SINGLE EMPLOYER PLANS any portion of the election year shortfall (2) by striking ‘‘$25,000’’ in subparagraph SEC. 231. EXTENDED PERIOD FOR SINGLE-EM- amortization base that remains unamortized (B) and inserting ‘‘$75,000’’, and PLOYER DEFINED BENEFIT PLANS as of the revocation date. (3) by striking ‘‘$50,000’’ in subparagraph TO AMORTIZE CERTAIN SHORTFALL ‘‘(v) ELIGIBLE PLAN YEAR.—For purposes of (C) and inserting ‘‘$200,000’’. AMORTIZATION BASES. this subparagraph, the term ‘eligible plan (e) PENALTY IN CASE OF INTENTIONAL DIS- (a) AMENDMENTS TO ERISA.— REGARD.—Paragraph (2) of section 6721(e) is (1) IN GENERAL.—Paragraph (2) of section year’ means any plan year beginning in 2008, amended by striking ‘‘$100’’ and inserting 303(c) of the Employee Retirement Income 2009, 2010, or 2011, except that a plan year ‘‘$250’’. Security Act of 1974 (29 U.S.C. 1083(c)) is shall only be treated as an eligible plan year (f) ADJUSTMENT FOR INFLATION.—Section amended by adding at the end the following if the due date under subsection (j)(1) for the 6721 is amended by adding at the end the fol- subparagraph: payment of the minimum required contribu- lowing new subsection: ‘‘(D) SPECIAL ELECTION FOR ELIGIBLE PLAN tion for such plan year occurs on or after the ‘‘(f) ADJUSTMENT FOR INFLATION.— YEARS.— date of the enactment of this subparagraph.

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‘‘(vi) REPORTING.—A plan sponsor of a plan ‘‘(iii) CARRYOVER OF EXCESS INSTALLMENT substantial risk of forfeiture (as defined who makes an election under clause (i) ACCELERATION AMOUNTS.— under section 83(c)(1) of such Code) for at shall— ‘‘(I) IN GENERAL.—If the installment accel- least 5 years from the date of such grant. ‘‘(I) give notice of the election to partici- eration amount for any plan year (deter- ‘‘(II) SECRETARIAL AUTHORITY.—The Sec- pants and beneficiaries of the plan, and mined without regard to clause (ii)) exceeds retary of the Treasury may by regulation ‘‘(II) inform the Pension Benefit Guaranty the limitation under clause (ii), then, subject provide for the application of this clause in Corporation of such election in such form to subclause (II), such excess shall be treated the case of a person other than a corpora- and manner as the Director of the Pension as an installment acceleration amount with tion. Benefit Guaranty Corporation may pre- respect to the succeeding plan year. ‘‘(v) OTHER EXCEPTIONS.—The following scribe. ‘‘(II) CAP TO APPLY.—If any amount treated amounts includible in income shall not be ‘‘(vii) INCREASES IN REQUIRED INSTALLMENTS as an installment acceleration amount under taken into account under clause (i)(I): IN CERTAIN CASES.—For increases in required subclause (I) or this subclause with respect ‘‘(I) COMMISSIONS.—Any remuneration pay- contributions in cases of excess compensa- any succeeding plan year, when added to able on a commission basis solely on account tion or extraordinary dividends or stock re- other installment acceleration amounts (de- of income directly generated by the indi- demptions, see paragraph (7).’’. termined without regard to clause (ii)) with vidual performance of the individual to (2) INCREASES IN REQUIRED INSTALLMENTS IN respect to the plan year, exceeds the limita- whom such remuneration is payable. CERTAIN CASES.—Section 303(c) of the Em- tion under clause (ii), the portion of such ployee Retirement Income Security Act of amount representing such excess shall be ‘‘(II) CERTAIN PAYMENTS UNDER EXISTING 1974 (29 U.S.C. 1083(c)) is amended by adding treated as an installment acceleration CONTRACTS.—Any remuneration consisting of at the end the following paragraph: amount with respect to the next succeeding nonqualified deferred compensation, re- ‘‘(7) INCREASES IN ALTERNATE REQUIRED IN- plan year. stricted stock, stock options, or stock appre- STALLMENTS IN CASES OF EXCESS COMPENSA- ‘‘(III) LIMITATION ON YEARS TO WHICH ciation rights payable or granted under a TION OR EXTRAORDINARY DIVIDENDS OR STOCK AMOUNTS CARRIED FOR.—No amount shall be written binding contract that was in effect REDEMPTIONS.— carried under subclause (I) or (II) to a plan on March 1, 2010, and which was not modified ‘‘(A) IN GENERAL.—If there is an install- year which begins after the first plan year in any material respect before such remu- ment acceleration amount with respect to a following the last plan year in the restric- neration is paid. plan for any plan year in the restriction pe- tion period (or after the second plan year fol- ‘‘(vi) SELF-EMPLOYED INDIVIDUAL TREATED riod with respect to an election year under lowing such last plan year in the case of an AS EMPLOYEE.—The term ‘employee’ in- paragraph (2)(D), then the shortfall amorti- election year with respect to which 15-year cludes, with respect to a calendar year, a zation installment otherwise determined and amortization was elected under paragraph self-employed individual who is treated as an payable under such paragraph for such plan (2)(D)). employee under section 401(c) of such Code year shall, subject to the limitation under ‘‘(IV) ORDERING RULES.—For purposes of for the taxable year ending during such cal- subparagraph (B), be increased by such applying subclause (II), installment accelera- endar year, and the term ‘compensation’ amount. tion amounts for the plan year (determined shall include earned income of such indi- ‘‘(B) TOTAL INSTALLMENTS LIMITED TO without regard to any carryover under this vidual with respect to such self-employment. SHORTFALL BASE.—Subject to rules pre- clause) shall be applied first against the lim- ‘‘(vii) INDEXING OF AMOUNT.—In the case of scribed by the Secretary of the Treasury, if itation under clause (ii) and then carryovers any calendar year beginning after 2010, the a shortfall amortization installment with re- to such plan year shall be applied against dollar amount under clause (i)(II) shall be in- spect to any shortfall amortization base for such limitation on a first-in, first-out basis. creased by an amount equal to— an election year is required to be increased ‘‘(D) EXCESS EMPLOYEE COMPENSATION.—For ‘‘(I) such dollar amount, multiplied by for any plan year under subparagraph (A)— purposes of this paragraph— ‘‘(II) the cost-of-living adjustment deter- ‘‘(i) such increase shall not result in the ‘‘(i) IN GENERAL.—The term ‘excess em- mined under section 1(f)(3) of such Code for amount of such installment exceeding the ployee compensation’ means, with respect to the calendar year, determined by sub- present value of such installment and all any employee for any plan year, the excess stituting ‘calendar year 2009’ for ‘calendar succeeding installments with respect to such (if any) of— year 1992’ in subparagraph (B) thereof. base (determined without regard to such in- ‘‘(I) the aggregate amount includible in in- If the amount of any increase under clause crease but after application of clause (ii)), come under chapter 1 of the Internal Rev- (i) is not a multiple of $1,000, such increase and enue Code of 1986 for remuneration during shall be rounded to the next lowest multiple ‘‘(ii) subsequent shortfall amortization in- the calendar year in which such plan year of $1,000. stallments with respect to such base shall, in begins for services performed by the em- ‘‘(E) EXTRAORDINARY DIVIDENDS AND RE- reverse order of the otherwise required in- ployee for the plan sponsor (whether or not DEMPTIONS.— stallments, be reduced to the extent nec- performed during such calendar year), over ‘‘(i) IN GENERAL.—The amount determined essary to limit the present value of such sub- ‘‘(II) $1,000,000. under this subparagraph for any plan year is sequent shortfall amortization installments ‘‘(ii) AMOUNTS SET ASIDE FOR NONQUALIFIED the excess (if any) of the sum of the divi- (after application of this paragraph) to the DEFERRED COMPENSATION.—If during any cal- dends declared during the plan year by the present value of the remaining unamortized endar year assets are set aside or reserved plan sponsor plus the aggregate amount paid shortfall amortization base. (directly or indirectly) in a trust (or other for the redemption of stock of the plan spon- ‘‘(C) INSTALLMENT ACCELERATION AMOUNT.— arrangement as determined by the Secretary For purposes of this paragraph— of the Treasury), or transferred to such a sor redeemed during the plan year over the ‘‘(i) IN GENERAL.—The term ‘installment trust or other arrangement, by a plan spon- greater of— acceleration amount’ means, with respect to sor for purposes of paying deferred com- ‘‘(I) the adjusted net income (within the any plan year in a restriction period with re- pensation of an employee under a non- meaning of section 4043) of the plan sponsor spect to an election year, the sum of— qualified deferred compensation plan (as de- for the preceding plan year, determined ‘‘(I) the aggregate amount of excess em- fined in section 409A of such Code) of the without regard to any reduction by reason of ployee compensation determined under sub- plan sponsor, then, for purposes of clause (i), interest, taxes, depreciation, or amortiza- paragraph (D) with respect to all employees the amount of such assets shall be treated as tion, or for the plan year, plus remuneration of the employee includible in ‘‘(II) in the case of a plan sponsor that de- ‘‘(II) the aggregate amount of extraor- income for the calendar year unless such termined and declared dividends in the same dinary dividends and redemptions deter- amount is otherwise includible in income for manner for at least 5 consecutive years im- mined under subparagraph (E) for the plan such year. An amount to which the pre- mediately preceding such plan year, the ag- year. ceding sentence applies shall not be taken gregate amount of dividends determined and ‘‘(ii) ANNUAL LIMITATION.—The installment into account under this paragraph for any declared for such plan year using such man- acceleration amount for any plan year shall subsequent calendar year. ner. not exceed the excess (if any) of— ‘‘(iii) ONLY REMUNERATION FOR CERTAIN ‘‘(ii) ONLY CERTAIN POST-2009 DIVIDENDS AND ‘‘(I) the sum of the shortfall amortization POST-2009 SERVICES COUNTED.—Remuneration REDEMPTIONS COUNTED.—For purposes of installments for the plan year and all pre- shall be taken into account under clause (i) clause (i), there shall only be taken into ac- ceding plan years in the amortization period only to the extent attributable to services count dividends declared, and redemptions elected under paragraph (2)(D) with respect performed by the employee for the plan spon- occurring, after February 28, 2010. to the shortfall amortization base with re- sor after February 28, 2010. ‘‘(iii) EXCEPTION FOR INTRA-GROUP DIVI- spect to an election year, determined with- ‘‘(iv) EXCEPTION FOR CERTAIN EQUITY PAY- DENDS.—Dividends paid by one member of a out regard to paragraph (2)(D) and this para- MENTS.— controlled group (as defined in section graph, over ‘‘(I) IN GENERAL.—There shall not be taken 302(d)(3)) to another member of such group ‘‘(II) the sum of the shortfall amortization into account under clause (i)(I) any amount shall not be taken into account under clause installments for such plan year and all such includible in income with respect to the (i). preceding plan years, determined after appli- granting after February 28, 2010, of service ‘‘(iv) EXCEPTION FOR CERTAIN REDEMP- cation of paragraph (2)(D) (and in the case of recipient stock (within the meaning of sec- TIONS.—Redemptions that are made pursuant any preceding plan year, after application of tion 409A of the Internal Revenue Code of to a plan maintained with respect to employ- this paragraph). 1986) that, upon such grant, is subject to a ees, or that are made on account of the

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death, disability, or termination of employ- year’), then, notwithstanding subparagraphs ‘‘(vii) INCREASES IN REQUIRED INSTALLMENTS ment of an employee or shareholder, shall (A) and (B)— IN CERTAIN CASES.—For increases in required not be taken into account under clause (i). ‘‘(I) the shortfall amortization install- contributions in cases of excess compensa- ‘‘(v) EXCEPTION FOR CERTAIN PREFERRED ments with respect to such base shall be de- tion or extraordinary dividends or stock re- STOCK.— termined under clause (ii) or (iii), whichever demptions, see paragraph (7).’’. ‘‘(I) IN GENERAL.—Dividends and redemp- is specified in the election, and (2) INCREASES IN REQUIRED CONTRIBUTIONS IF tions with respect to applicable preferred ‘‘(II) the shortfall amortization install- EXCESS COMPENSATION PAID.—Section 430(c) is stock shall not be taken into account under ment for any plan year in the 9-plan-year pe- amended by adding at the end the following clause (i) to the extent that dividends accrue riod described in clause (ii) or the 15-plan- paragraph: with respect to such stock at a specified rate year period described in clause (iii), respec- ‘‘(7) INCREASES IN ALTERNATE REQUIRED IN- in all events and without regard to the plan tively, with respect to such shortfall amorti- STALLMENTS IN CASES OF EXCESS COMPENSA- sponsor’s income, and interest accrues on zation base is the annual installment deter- TION OR EXTRAORDINARY DIVIDENDS OR STOCK any unpaid dividends with respect to such mined under the applicable clause for that REDEMPTIONS.— stock. year for that base. ‘‘(A) IN GENERAL.—If there is an install- ‘‘(II) APPLICABLE PREFERRED STOCK.—For ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The ment acceleration amount with respect to a purposes of subclause (I), the term ‘applica- shortfall amortization installments deter- plan for any plan year in the restriction pe- ble preferred stock’ means preferred stock mined under this clause are— riod with respect to an election year under which was issued before March 1, 2010 (or ‘‘(I) in the case of the first 2 plan years in paragraph (2)(D), then the shortfall amorti- which was issued after such date and is held the 9-plan-year period beginning with the zation installment otherwise determined and by an employee benefit plan subject to the election year, interest on the shortfall amor- payable under such paragraph for such plan provisions of this title). tization base of the plan for the election year year shall, subject to the limitation under ‘‘(F) OTHER DEFINITIONS AND RULES.—For (determined using the effective interest rate subparagraph (B), be increased by such purposes of this paragraph— for the plan for the election year), and amount. ‘‘(i) PLAN SPONSOR.—The term ‘ plan spon- ‘‘(II) in the case of the last 7 plan years in ‘‘(B) TOTAL INSTALLMENTS LIMITED TO sor’ includes any member of the plan spon- such 9-plan-year period, the amounts nec- SHORTFALL BASE.—Subject to rules pre- sor’s controlled group (as defined in section essary to amortize the remaining balance of scribed by the Secretary, if a shortfall amor- 302(d)(3)). the shortfall amortization base of the plan tization installment with respect to any ‘‘(ii) RESTRICTION PERIOD.—The term ‘re- for the election year in level annual install- shortfall amortization base for an election striction period’ means, with respect to any ments over such last 7 plan years (using the year is required to be increased for any plan election year— segment rates under subparagraph (C) for the year under subparagraph (A)— ‘‘(I) except as provided in subclause (II), election year). ‘‘(i) such increase shall not result in the the 3-year period beginning with the election ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall amount of such installment exceeding the year (or, if later, the first plan year begin- amortization installments determined under present value of such installment and all ning after December 31, 2009), and this subparagraph are the amounts necessary succeeding installments with respect to such ‘‘(II) if the plan sponsor elects 15-year am- to amortize the shortfall amortization base base (determined without regard to such in- of the plan for the election year in level an- crease but after application of clause (ii)), ortization for the shortfall amortization base nual installments over the 15-plan-year pe- and for the election year, the 5-year period begin- riod beginning with the election year (using ‘‘(ii) subsequent shortfall amortization in- ning with the election year (or, if later, the the segment rates under subparagraph (C) for stallments with respect to such base shall, in first plan year beginning after December 31, the election year). reverse order of the otherwise required in- 2009). ‘‘(iv) ELECTION.— stallments, be reduced to the extent nec- ‘‘(iii) ELECTIONS FOR MULTIPLE PLANS.—If a ‘‘(I) IN GENERAL.—The plan sponsor of a essary to limit the present value of such sub- plan sponsor makes elections under para- plan may elect to have this subparagraph sequent shortfall amortization installments graph (2)(D) with respect to 2 or more plans, apply to not more than 2 eligible plan years (after application of this paragraph) to the the Secretary of the Treasury shall provide with respect to the plan, except that in the present value of the remaining unamortized rules for the application of this paragraph to case of a plan described in section 106 of the shortfall amortization base. such plans, including rules for the ratable al- Pension Protection Act of 2006, the plan ‘‘(C) INSTALLMENT ACCELERATION AMOUNT.— location of any installment acceleration sponsor may only elect to have this subpara- For purposes of this paragraph— amount among such plans on the basis of graph apply to a plan year beginning in 2011. ‘‘(i) IN GENERAL.—The term ‘installment each plan’s relative reduction in the plan’s ‘‘(II) AMORTIZATION SCHEDULE.—Such elec- acceleration amount’ means, with respect to shortfall amortization installment for the tion shall specify whether the amortization any plan year in a restriction period with re- first plan year in the amortization period de- schedule under clause (ii) or (iii) shall apply spect to an election year, the sum of— scribed in subparagraph (A) (determined to an election year, except that if a plan ‘‘(I) the aggregate amount of excess em- without regard to this paragraph). sponsor elects to have this subparagraph ployee compensation determined under sub- ‘‘(iv) MERGERS AND ACQUISITIONS.—The Sec- apply to 2 eligible plan years, the plan spon- paragraph (D) with respect to all employees retary of the Treasury shall prescribe rules sor must elect the same schedule for both for the plan year, plus for the application of paragraph (2)(D) and years. ‘‘(II) the aggregate amount of extraor- this paragraph in any case where there is a ‘‘(III) OTHER RULES.—Such election shall be dinary dividends and redemptions deter- merger or acquisition involving a plan spon- made at such time, and in such form and mined under subparagraph (E) for the plan sor making the election under paragraph manner, as shall be prescribed by the Sec- year. (2)(D).’’. retary, and may be revoked only with the ‘‘(ii) ANNUAL LIMITATION.—The installment (3) CONFORMING AMENDMENTS.—Section 303 consent of the Secretary. The Secretary acceleration amount for any plan year shall of such Act (29 U.S.C. 1083) is amended— shall, before granting a revocation request, not exceed the excess (if any) of— (A) in subsection (c)(1), by striking ‘‘the provide the Pension Benefit Guaranty Cor- ‘‘(I) the sum of the shortfall amortization shortfall amortization bases for such plan poration an opportunity to comment on the installments for the plan year and all pre- year and each of the 6 preceding plan years’’ conditions applicable to the treatment of ceding plan years in the amortization period and inserting ‘‘any shortfall amortization any portion of the election year shortfall elected under paragraph (2)(D) with respect base which has not been fully amortized amortization base that remains unamortized to the shortfall amortization base with re- under this subsection’’, and as of the revocation date. spect to an election year, determined with- (B) in subsection (j)(3), by adding at the ‘‘(v) ELIGIBLE PLAN YEAR.—For purposes of out regard to paragraph (2)(D) and this para- end the following: this subparagraph, the term ‘eligible plan graph, over ‘‘(F) QUARTERLY CONTRIBUTIONS NOT TO IN- year’ means any plan year beginning in 2008, ‘‘(II) the sum of the shortfall amortization CLUDE CERTAIN INCREASED CONTRIBUTIONS.— 2009, 2010, or 2011, except that a plan year installments for such plan year and all such Subparagraph (D) shall be applied without shall only be treated as an eligible plan year preceding plan years, determined after appli- regard to any increase under subsection if the due date under subsection (j)(1) for the cation of paragraph (2)(D) (and in the case of (c)(7).’’. payment of the minimum required contribu- any preceding plan year, after application of (b) AMENDMENTS TO INTERNAL REVENUE tion for such plan year occurs on or after the this paragraph). CODE OF 1986.— date of the enactment of this subparagraph. ‘‘(iii) CARRYOVER OF EXCESS INSTALLMENT (1) IN GENERAL.—Paragraph (2) of section ‘‘(vi) REPORTING.—A plan sponsor of a plan ACCELERATION AMOUNTS.— 430(c) is amended by adding at the end the who makes an election under clause (i) ‘‘(I) IN GENERAL.—If the installment accel- following subparagraph: shall— eration amount for any plan year (deter- ‘‘(D) SPECIAL ELECTION FOR ELIGIBLE PLAN ‘‘(I) give notice of the election to partici- mined without regard to clause (ii)) exceeds YEARS.— pants and beneficiaries of the plan, and the limitation under clause (ii), then, subject ‘‘(i) IN GENERAL.—If a plan sponsor elects ‘‘(II) inform the Pension Benefit Guaranty to subclause (II), such excess shall be treated to apply this subparagraph with respect to Corporation of such election in such form as an installment acceleration amount with the shortfall amortization base of a plan for and manner as the Director of the Pension respect to the succeeding plan year. any eligible plan year (in this subparagraph Benefit Guaranty Corporation may pre- ‘‘(II) CAP TO APPLY.—If any amount treated and paragraph (7) referred to as an ‘election scribe. as an installment acceleration amount under

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subclause (I) or this subclause with respect vidual performance of the individual to ‘‘(II) APPLICABLE PREFERRED STOCK.—For any succeeding plan year, when added to whom such remuneration is payable. purposes of subclause (I), the term ‘applica- other installment acceleration amounts (de- ‘‘(II) CERTAIN PAYMENTS UNDER EXISTING ble preferred stock’ means preferred stock termined without regard to clause (ii)) with CONTRACTS.—Any remuneration consisting of which was issued before March 1, 2010 (or respect to the plan year, exceeds the limita- nonqualified deferred compensation, re- which was issued after such date and is held tion under clause (ii), the portion of such stricted stock, stock options, or stock appre- by an employee benefit plan subject to the amount representing such excess shall be ciation rights payable or granted under a provisions of title I of Employee Retirement treated as an installment acceleration written binding contract that was in effect Income Security Act of 1974). amount with respect to the next succeeding on March 1, 2010, and which was not modified ‘‘(F) OTHER DEFINITIONS AND RULES.—For plan year. in any material respect before such remu- purposes of this paragraph— ‘‘(III) LIMITATION ON YEARS TO WHICH neration is paid. ‘‘(i) PLAN SPONSOR.—The term ‘ plan spon- AMOUNTS CARRIED FOR.—No amount shall be ‘‘(vi) SELF-EMPLOYED INDIVIDUAL TREATED sor’ includes any member of the plan spon- carried under subclause (I) or (II) to a plan AS EMPLOYEE.—The term ‘employee’ in- sor’s controlled group (as defined in section year which begins after the first plan year cludes, with respect to a calendar year, a 412(d)(3)). following the last plan year in the restric- self-employed individual who is treated as an ‘‘(ii) RESTRICTION PERIOD.—The term ‘re- tion period (or after the second plan year fol- employee under section 401(c) for the taxable striction period’ means, with respect to any lowing such last plan year in the case of an year ending during such calendar year, and election year— election year with respect to which 15-year the term ‘compensation’ shall include earned ‘‘(I) except as provided in subclause (II), amortization was elected under paragraph income of such individual with respect to the 3-year period beginning with the election (2)(D)). such self-employment. year (or, if later, the first plan year begin- ‘‘(IV) ORDERING RULES.—For purposes of ‘‘(vii) INDEXING OF AMOUNT.—In the case of ning after December 31, 2009), and applying subclause (II), installment accelera- any calendar year beginning after 2010, the ‘‘(II) if the plan sponsor elects 15-year am- tion amounts for the plan year (determined dollar amount under clause (i)(II) shall be in- ortization for the shortfall amortization base without regard to any carryover under this creased by an amount equal to— for the election year, the 5-year period begin- clause) shall be applied first against the lim- ‘‘(I) such dollar amount, multiplied by ning with the election year (or, if later, the itation under clause (ii) and then carryovers ‘‘(II) the cost-of-living adjustment deter- first plan year beginning after December 31, to such plan year shall be applied against mined under section 1(f)(3) for the calendar 2009). such limitation on a first-in, first-out basis. year, determined by substituting ‘calendar ‘‘(iii) ELECTIONS FOR MULTIPLE PLANS.—If a ‘‘(D) EXCESS EMPLOYEE COMPENSATION.—For year 2009’ for ‘calendar year 1992’ in subpara- plan sponsor makes elections under para- purposes of this paragraph— graph (B) thereof. graph (2)(D) with respect to 2 or more plans, ‘‘(i) IN GENERAL.—The term ‘excess em- the Secretary shall provide rules for the ap- ployee compensation’ means, with respect to If the amount of any increase under clause (i) is not a multiple of $1,000, such increase plication of this paragraph to such plans, in- any employee for any plan year, the excess cluding rules for the ratable allocation of (if any) of— shall be rounded to the next lowest multiple of $1,000. any installment acceleration amount among ‘‘(I) the aggregate amount includible in in- such plans on the basis of each plan’s rel- come under this chapter for remuneration ‘‘(E) EXTRAORDINARY DIVIDENDS AND RE- ative reduction in the plan’s shortfall amor- during the calendar year in which such plan DEMPTIONS.— tization installment for the first plan year in year begins for services performed by the ‘‘(i) IN GENERAL.—The amount determined the amortization period described in sub- employee for the plan sponsor (whether or under this subparagraph for any plan year is paragraph (A) (determined without regard to not performed during such calendar year), the excess (if any) of the sum of the divi- this paragraph). over dends declared during the plan year by the ‘‘(iv) MERGERS AND ACQUISITIONS.—The Sec- ‘‘(II) $1,000,000. plan sponsor plus the aggregate amount paid retary shall prescribe rules for the applica- ‘‘(ii) AMOUNTS SET ASIDE FOR NON-QUALIFIED for the redemption of stock of the plan spon- tion of paragraph (2)(D) and this paragraph DEFERRED COMPENSATION.—If during any cal- sor redeemed during the plan year over the in any case where there is a merger or acqui- endar year assets are set aside or reserved greater of— (directly or indirectly) in a trust (or other ‘‘(I) the adjusted net income (within the sition involving a plan sponsor making the arrangement as determined by the Sec- meaning of section 4043 of the Employee Re- election under paragraph (2)(D).’’. retary), or transferred to such a trust or tirement Income Security Act of 1974) of the (3) CONFORMING AMENDMENTS.—Section 430 other arrangement, by a plan sponsor for plan sponsor for the preceding plan year, de- is amended— purposes of paying deferred compensation of termined without regard to any reduction by (A) in subsection (c)(1), by striking ‘‘the an employee under a nonqualified deferred reason of interest, taxes, depreciation, or shortfall amortization bases for such plan compensation plan (as defined in section amortization, or year and each of the 6 preceding plan years’’ 409A) of the plan sponsor, then, for purposes ‘‘(II) in the case of a plan sponsor that de- and inserting ‘‘any shortfall amortization of clause (i), the amount of such assets shall termined and declared dividends in the same base which has not been fully amortized be treated as remuneration of the employee manner for at least 5 consecutive years im- under this subsection’’, and includible in income for the calendar year mediately preceding such plan year, the ag- (B) in subsection (j)(3), by adding at the unless such amount is otherwise includible gregate amount of dividends determined and end the following: in income for such year. An amount to which declared for such plan year using such man- ‘‘(F) QUARTERLY CONTRIBUTIONS NOT TO IN- the preceding sentence applies shall not be ner. CLUDE CERTAIN INCREASED CONTRIBUTIONS.— taken into account under this paragraph for ‘‘(ii) ONLY CERTAIN POST-2009 DIVIDENDS AND Subparagraph (D) shall be applied without any subsequent calendar year. REDEMPTIONS COUNTED.—For purposes of regard to any increase under subsection ‘‘(iii) ONLY REMUNERATION FOR CERTAIN clause (i), there shall only be taken into ac- (c)(7).’’. POST-2009 SERVICES COUNTED.—Remuneration count dividends declared, and redemptions (c) EFFECTIVE DATE.—The amendments shall be taken into account under clause (i) occurring, after February 28, 2010. made by this section shall apply to plan years beginning after December 31, 2007. only to the extent attributable to services ‘‘(iii) EXCEPTION FOR INTRA-GROUP DIVI- performed by the employee for the plan spon- DENDS.—Dividends paid by one member of a SEC. 232. APPLICATION OF EXTENDED AMORTI- sor after February 28, 2010. controlled group (as defined in section ZATION PERIOD TO PLANS SUBJECT TO PRIOR LAW FUNDING RULES. ‘‘(iv) EXCEPTION FOR CERTAIN EQUITY PAY- 412(d)(3)) to another member of such group (a) IN GENERAL.—Title I of the Pension MENTS.— shall not be taken into account under clause Protection Act of 2006 is amended by redesig- ‘‘(I) IN GENERAL.—There shall not be taken (i). nating section 107 as section 108 and by in- into account under clause (i)(I) any amount ‘‘(iv) EXCEPTION FOR CERTAIN REDEMP- serting the following after section 106: includible in income with respect to the TIONS.—Redemptions that are made pursuant ‘‘SEC. 107. APPLICATION OF EXTENDED AMORTI- granting after February 28, 2010, of service to a plan maintained with respect to employ- ZATION PERIODS TO PLANS WITH recipient stock (within the meaning of sec- ees, or that are made on account of the DELAYED EFFECTIVE DATE. tion 409A) that, upon such grant, is subject death, disability, or termination of employ- ‘‘(a) IN GENERAL.—If the plan sponsor of a to a substantial risk of forfeiture (as defined ment of an employee or shareholder, shall plan to which section 104, 105, or 106 of this under section 83(c)(1)) for at least 5 years not be taken into account under clause (i). Act applies elects to have this section apply from the date of such grant. ‘‘(v) EXCEPTION FOR CERTAIN PREFERRED for any eligible plan year (in this section re- ‘‘(II) SECRETARIAL AUTHORITY.—The Sec- STOCK.— ferred to as an ‘election year’), section 302 of retary may by regulation provide for the ap- ‘‘(I) IN GENERAL.—Dividends and redemp- the Employee Retirement Income Security plication of this clause in the case of a per- tions with respect to applicable preferred Act of 1974 and section 412 of the Internal son other than a corporation. stock shall not be taken into account under Revenue Code of 1986 (as in effect before the ‘‘(v) OTHER EXCEPTIONS.—The following clause (i) to the extent that dividends accrue amendments made by this subtitle and sub- amounts includible in income shall not be with respect to such stock at a specified rate title B) shall apply to such year in the man- taken into account under clause (i)(I): in all events and without regard to the plan ner described in subsection (b) or (c), which- ‘‘(I) COMMISSIONS.—Any remuneration pay- sponsor’s income, and interest accrues on ever is specified in the election. All ref- able on a commission basis solely on account any unpaid dividends with respect to such erences in this section to ‘such Act’ or ‘such of income directly generated by the indi- stock. Code’ shall be to such Act or such Code as in

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2314 CONGRESSIONAL RECORD — SENATE April 14, 2010 effect before the amendments made by this igible plan year if the due date for the pay- ‘‘(I) clause (i) shall apply to plan years be- subtitle and subtitle B. ment of the minimum required contribution ginning after December 31, 2007, and before ‘‘(b) APPLICATION OF 2 AND 7 RULE.—In the for such plan year occurs on or after the date January 1, 2010, and case of an election year to which this sub- of the enactment of this clause. ‘‘(II) clause (i)(II) shall apply based on the section applies— ‘‘(2) PRE-EFFECTIVE DATE PLAN YEAR.—The last plan year beginning before November 1, ‘‘(1) 2-YEAR LOOKBACK FOR DETERMINING term ‘pre-effective date plan year’ means, 2007, as determined under rules prescribed by DEFICIT REDUCTION CONTRIBUTIONS FOR CER- with respect to a plan, any plan year prior to the Secretary of the Treasury. TAIN PLANS.—For purposes of applying sec- the first year in which the amendments ‘‘(iii) APPLICABLE PROVISION.—For purposes tion 302(d)(9) of such Act and section 412(l)(9) made by this subtitle and subtitle B apply to of this subparagraph, the term ‘applicable of such Code, the funded current liability the plan. provision’ means— percentage (as defined in subparagraph (C) ‘‘(3) INCREASED UNFUNDED NEW LIABILITY.— ‘‘(I) paragraph (3), but only for purposes of thereof) for such plan for such plan year The term ‘increased unfunded new liability’ applying such paragraph to a payment shall be such funded current liability per- means, with respect to a year, the excess (if which, as determined under rules prescribed centage of such plan for the second plan year any) of the unfunded new liability over the by the Secretary of the Treasury, is a pay- preceding the first election year of such amount of unfunded new liability deter- ment under a social security leveling option plan. mined as if the value of the plan’s assets de- which accelerates payments under the plan ‘‘(2) CALCULATION OF DEFICIT REDUCTION termined under subsection 302(c)(2) of such before, and reduces payments after, a partic- CONTRIBUTION.—For purposes of applying sec- Act and section 412(c)(2) of such Code equaled ipant starts receiving social security bene- tion 302(d) of such Act and section 412(l) of the product of the current liability of the fits in order to provide substantially similar such Code to a plan to which such sections plan for the year multiplied by the funded aggregate payments both before and after apply (after taking into account paragraph current liability percentage (as defined in such benefits are received, and (1))— section 302(d)(8)(B) of such Act and ‘‘(II) paragraph (4).’’. ‘‘(A) in the case of the increased unfunded 412(l)(8)(B) of such Code) of the plan for the (2) AMENDMENT TO INTERNAL REVENUE CODE new liability of the plan, the applicable per- second plan year preceding the first election OF 1986.—Section 436(j) of the Internal Rev- centage described in section 302(d)(4)(C) of year of such plan. enue Code of 1986 is amended by adding at such Act and section 412(l)(4)(C) of such Code ‘‘(4) OTHER DEFINITIONS.—The terms ‘un- the end the following: shall be the third segment rate described in funded new liability’ and ‘current liability’ ‘‘(3) SPECIAL RULE FOR CERTAIN YEARS.— sections 104(b), 105(b), and 106(b) of this Act, shall have the meanings set forth in section Solely for purposes of any applicable provi- and 302(d) of such Act and section 412(l) of such sion— ‘‘(B) in the case of the excess of the un- Code.’’. ‘‘(A) IN GENERAL.—For plan years begin- funded new liability over the increased un- (b) ELIGIBLE CHARITY PLANS.—Section 104 ning on or after October 1, 2008, and before funded new liability, such applicable per- of the Pension Protection Act of 2006 is October 1, 2010, the adjusted funding target centage shall be determined without regard amended— attainment percentage of a plan shall be the to this section. (1) by striking ‘‘eligible cooperative plan’’ greater of— ‘‘(c) APPLICATION OF 15-YEAR AMORTIZA- wherever it appears in subsections (a) and (b) ‘‘(i) such percentage, as determined with- TION.—In the case of an election year to and inserting ‘‘eligible cooperative plan or out regard to this paragraph, or which this subsection applies, for purposes of an eligible charity plan’’, and ‘‘(ii) the adjusted funding target attain- applying section 302(d) of such Act and sec- (2) by adding at the end the following new ment percentage for such plan for the plan tion 412(l) of such Code— subsection: year beginning after October 1, 2007, and be- ‘‘(1) in the case of the increased unfunded ‘‘(d) ELIGIBLE CHARITY PLAN DEFINED.—For fore October 1, 2008, as determined under new liability of the plan, the applicable per- purposes of this section, a plan shall be rules prescribed by the Secretary. centage described in section 302(d)(4)(C) of treated as an eligible charity plan for a plan ‘‘(B) SPECIAL RULE.—In the case of a plan such Act and section 412(l)(4)(C) of such Code year if the plan is maintained by more than for which the valuation date is not the first for any pre-effective date plan year begin- one employer (determined without regard to day of the plan year— ning with or after the first election year section 414(c) of the Internal Revenue Code) ‘‘(i) subparagraph (A) shall apply to plan shall be the ratio of— and 100 percent of the employers are de- years beginning after December 31, 2007, and ‘‘(A) the annual installments payable in scribed in section 501(c)(3) of such Code.’’. before January 1, 2010, and each year if the increased unfunded new li- (c) EFFECTIVE DATE.— ‘‘(ii) subparagraph (A)(ii) shall apply based ability for such plan year were amortized (1) IN GENERAL.—The amendment made by on the last plan year beginning before No- over 15 years, using an interest rate equal to subsection (a) shall take effect as if included vember 1, 2007, as determined under rules the third segment rate described in sections in the Pension Protection Act of 2006. prescribed by the Secretary. 104(b), 105(b), and 106(b) of this Act, to (2) ELIGIBLE CHARITY PLAN.—The amend- ‘‘(C) APPLICABLE PROVISION.—For purposes ‘‘(B) the increased unfunded new liability ments made by subsection (b) shall apply to of this paragraph, the term ‘applicable provi- for such plan year, and plan years beginning after December 31, 2007, sion’ means— ‘‘(2) in the case of the excess of the un- except that a plan sponsor may elect to ‘‘(i) subsection (d), but only for purposes of funded new liability over the increased un- apply such amendments to plan years begin- applying such paragraph to a payment funded new liability, such applicable per- ning after December 31, 2008. Any such elec- which, as determined under rules prescribed centage shall be determined without regard tion shall be made at such time, and in such by the Secretary, is a payment under a so- to this section. form and manner, as shall be prescribed by cial security leveling option which acceler- ‘‘(d) ELECTION.— the Secretary of the Treasury, and may be ates payments under the plan before, and re- ‘‘(1) IN GENERAL.—The plan sponsor of a revoked only with the consent of the Sec- plan may elect to have this section apply to retary of the Treasury. duces payments after, a participant starts not more than 2 eligible plan years with re- SEC. 233. LOOKBACK FOR CERTAIN BENEFIT RE- receiving social security benefits in order to spect to the plan, except that in the case of STRICTIONS. provide substantially similar aggregate pay- a plan to which section 106 of this Act ap- (a) IN GENERAL.— ments both before and after such benefits are plies, the plan sponsor may only elect to (1) AMENDMENT TO ERISA.—Section 206(g)(9) received, and have this section apply to 1 eligible plan of the Employee Retirement Income Secu- ‘‘(ii) subsection (e).’’. year. rity Act of 1974 is amended by adding at the (b) INTERACTION WITH WRERA RULE.—Sec- ‘‘(2) AMORTIZATION SCHEDULE.—Such elec- end the following: tion 203 of the Worker, Retiree, and Em- tion shall specify whether the rules under ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS.— ployer Recovery Act of 2008 shall apply to a subsection (b) or (c) shall apply to an elec- Solely for purposes of any applicable provi- plan for any plan year in lieu of the amend- tion year, except that if a plan sponsor elects sion— ments made by this section applying to sec- to have this section apply to 2 eligible plan ‘‘(i) IN GENERAL.—For plan years beginning tions 206(g)(4) of the Employee Retirement years, the plan sponsor must elect the same on or after October 1, 2008, and before Octo- Income Security Act of 1974 and 436(e) of the rule for both years. ber 1, 2010, the adjusted funding target at- Internal Revenue Code of 1986 only to the ex- ‘‘(3) OTHER RULES.—Such election shall be tainment percentage of a plan shall be the tent that such section produces a higher ad- made at such time, and in such form and greater of— justed funding target attainment percentage manner, as shall be prescribed by the Sec- ‘‘(I) such percentage, as determined with- for such plan for such year. retary of the Treasury, and may be revoked out regard to this subparagraph, or (c) EFFECTIVE DATE.— only with the consent of the Secretary of the ‘‘(II) the adjusted funding target attain- (1) IN GENERAL.—Except as provided in Treasury. ment percentage for such plan for the plan paragraph (2), the amendments made by this ‘‘(e) DEFINITIONS.—For purposes of this sec- year beginning after October 1, 2007, and be- section shall apply to plan years beginning tion— fore October 1, 2008, as determined under on or after October 1, 2008. ‘‘(1) ELIGIBLE PLAN YEAR.—For purposes of rules prescribed by the Secretary of the (2) SPECIAL RULE.—In the case of a plan for this subparagraph, the term ‘eligible plan Treasury. which the valuation date is not the first day year’ means any plan year beginning in 2008, ‘‘(ii) SPECIAL RULE.—In the case of a plan of the plan year, the amendments made by 2009, 2010, or 2011, except that a plan year be- for which the valuation date is not the first this section shall apply to plan years begin- ginning in 2008 shall only be treated as an el- day of the plan year— ning after December 31, 2007.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2315 SEC. 234. LOOKBACK FOR CREDIT BALANCE Act of 1974 (29 U.S.C. 1084(b)) is amended by graph as a separate experience amortization RULE FOR PLANS MAINTAINED BY adding at the end the following new para- base, to be amortized in equal annual install- CHARITIES. graph: ments (until fully amortized) over a period (a) AMENDMENT TO ERISA.—Paragraph (3) of ‘‘(8) SPECIAL RELIEF RULES.—Notwith- of 30 plan years rather than the period such section 303(f) of the Employee Retirement standing any other provision of this sub- liability would otherwise be amortized over. Income Security Act of 1974 is amended by section— ‘‘(C) SOLVENCY TEST.—The solvency test adding the following at the end thereof: ‘‘(A) AMORTIZATION OF NET INVESTMENT under this paragraph is met only if the plan ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS OF LOSSES.— actuary certifies that the plan is projected PLANS MAINTAINED BY CHARITIES.— ‘‘(i) IN GENERAL.—A multiemployer plan to have sufficient assets to timely pay ex- ‘‘(i) IN GENERAL.—For purposes of applying with respect to which the solvency test pected benefits and anticipated expenditures subparagraph (C) for plan years beginning under subparagraph (C) is met may treat the over the amortization period, taking into ac- after August 31, 2009, and before September 1, portion of any experience loss or gain attrib- count the changes in the funding standard 2011, the ratio determined under such sub- utable to net investment losses incurred in account under this paragraph. paragraph for the preceding plan year shall either or both of the first two plan years ‘‘(D) RESTRICTION ON BENEFIT INCREASES.— be the greater of— ending after August 31, 2008, as an item sepa- If subparagraph (A) or (B) apply to a multi- ‘‘(I) such ratio, as determined without re- rate from other experience losses, to be am- employer plan for any plan year, then, in ad- gard to this subparagraph, or ortized in equal annual installments (until dition to any other applicable restrictions on ‘‘(II) the ratio for such plan for the plan fully amortized) over the period— benefit increases, a plan amendment increas- year beginning after August 31, 2007, and be- ‘‘(I) beginning with the plan year in which ing benefits may not go into effect during ei- fore September 1, 2008, as determined under such portion is first recognized in the actu- ther of the 2 plan years immediately fol- rules prescribed by the Secretary of the arial value of assets, and lowing such plan year unless— Treasury. ‘‘(II) ending with the last plan year in the ‘‘(i) the plan actuary certifies that— ‘‘(ii) SPECIAL RULE.—In the case of a plan 30-plan year period beginning with the plan ‘‘(I) any such increase is paid for out of ad- for which the valuation date is not the first year in which such net investment loss was ditional contributions not allocated to the day of the plan year— incurred. plan immediately before the application of ‘‘(I) clause (i) shall apply to plan years be- ‘‘(ii) COORDINATION WITH EXTENSIONS.—If this paragraph to the plan, and ginning after December 31, 2008, and before this subparagraph applies for any plan year— ‘‘(II) the plan’s funded percentage and pro- January 1, 2011, and ‘‘(I) no extension of the amortization pe- jected credit balances for such 2 plan years ‘‘(II) clause (i)(II) shall apply based on the riod under clause (i) shall be allowed under are reasonably expected to be at least as last plan year beginning before September 1, subsection (d), and high as such percentage and balances would 2007, as determined under rules prescribed by ‘‘(II) if an extension was granted under have been if the benefit increase had not the Secretary of the Treasury. subsection (d) for any plan year before the been adopted, or ‘‘(iii) LIMITATION TO CHARITIES.—This sub- election to have this subparagraph apply to ‘‘(ii) the amendment is required as a condi- paragraph shall not apply to any plan unless the plan year, such extension shall not result tion of qualification under part I of sub- such plan is maintained exclusively by one in such amortization period exceeding 30 chapter D of chapter 1 of the Internal Rev- or more organizations described in section years. enue Code of 1986 or to comply with other ap- 501(c)(3) of the Internal Revenue Code of ‘‘(iii) NET INVESTMENT LOSSES.—For pur- plicable law. 1986.’’. poses of this subparagraph— ‘‘(E) REPORTING.—A plan sponsor of a plan (b) AMENDMENT TO INTERNAL REVENUE CODE ‘‘(I) IN GENERAL.—Net investment losses to which this paragraph applies shall— OF 1986.—Paragraph (3) of section 430(f) of the shall be determined in the manner prescribed ‘‘(i) give notice of such application to par- Internal Revenue Code of 1986 is amended by by the Secretary of the Treasury on the basis ticipants and beneficiaries of the plan, and adding the following at the end thereof: of the difference between actual and ex- ‘‘(ii) inform the Pension Benefit Guaranty ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS OF pected returns (including any difference at- Corporation of such application in such form PLANS MAINTAINED BY CHARITIES.— tributable to any criminally fraudulent in- and manner as the Director of the Pension ‘‘(i) IN GENERAL.—For purposes of applying vestment arrangement). Benefit Guaranty Corporation may pre- subparagraph (C) for plan years beginning ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT scribe.’’. after August 31, 2009, and before September 1, ARRANGEMENTS.—The determination as to (2) AMENDMENT TO INTERNAL REVENUE CODE 2011, the ratio determined under such sub- whether an arrangement is a criminally OF 1986.—Section 431(b) is amended by adding paragraph for the preceding plan year of a fraudulent investment arrangement shall be at the end the following new paragraph: plan shall be the greater of— made under rules substantially similar to ‘‘(8) SPECIAL RELIEF RULES.—Notwith- ‘‘(I) such ratio, as determined without re- the rules prescribed by the Secretary of the standing any other provision of this sub- gard to this subsection, or Treasury for purposes of section 165 of the section— ‘‘(II) the ratio for such plan for the plan Internal Revenue Code of 1986. ‘‘(A) AMORTIZATION OF NET INVESTMENT year beginning after August 31, 2007 and be- ‘‘(B) EXPANDED SMOOTHING PERIOD.— LOSSES.— fore September 1, 2008, as determined under ‘‘(i) IN GENERAL.—A multiemployer plan ‘‘(i) IN GENERAL.—A multiemployer plan with respect to which the solvency test with respect to which the solvency test rules prescribed by the Secretary. under subparagraph (C) is met may change under subparagraph (C) is met may treat the ‘‘(ii) SPECIAL RULE.—In the case of a plan its asset valuation method in a manner portion of any experience loss or gain attrib- for which the valuation date is not the first which— utable to net investment losses incurred in day of the plan year— ‘‘(I) spreads the difference between ex- either or both of the first two plan years ‘‘(I) clause (i) shall apply to plan years be- pected and actual returns for either or both ending after August 31, 2008, as an item sepa- ginning after December 31, 2007, and before of the first 2 plan years ending after August rate from other experience losses, to be am- January 1, 2010, and 31, 2008, over a period of not more than 10 ortized in equal annual installments (until ‘‘(II) clause (i)(II) shall apply based on the years, fully amortized) over the period— last plan year beginning before September 1, ‘‘(II) provides that for either or both of the ‘‘(I) beginning with the plan year in which 2007, as determined under rules prescribed by first 2 plan years beginning after August 31, such portion is first recognized in the actu- the Secretary. 2008, the value of plan assets at any time arial value of assets, and ‘‘(iii) LIMITATION TO CHARITIES.—This sub- shall not be less than 80 percent or greater ‘‘(II) ending with the last plan year in the paragraph shall not apply to any plan unless than 130 percent of the fair market value of 30-plan year period beginning with the plan such plan is maintained exclusively by one such assets at such time, or year in which such net investment loss was or more organizations described in section ‘‘(III) makes both changes described in sub- incurred. 501(c)(3).’’. clauses (I) and (II) to such method. ‘‘(ii) COORDINATION WITH EXTENSIONS.—If (c) EFFECTIVE DATE.— ‘‘(ii) ASSET VALUATION METHODS.—If this this subparagraph applies for any plan year— (1) IN GENERAL.—Except as provided in subparagraph applies for any plan year— ‘‘(I) no extension of the amortization pe- paragraph (2), the amendments made by this ‘‘(I) the Secretary of the Treasury shall riod under clause (i) shall be allowed under section shall apply to plan years beginning not treat the asset valuation method of the subsection (d), and after August 31, 2009. plan as unreasonable solely because of the ‘‘(II) if an extension was granted under (2) SPECIAL RULE.—In the case of a plan for changes in such method described in clause subsection (d) for any plan year before the which the valuation date is not the first day (i), and election to have this subparagraph apply to of the plan year, the amendments made by ‘‘(II) such changes shall be deemed ap- the plan year, such extension shall not result this section shall apply to plan years begin- proved by such Secretary under section in such amortization period exceeding 30 ning after December 31, 2008. 302(d)(1) and section 412(d)(1) of such Code. years. PART II—MULTIEMPLOYER PLANS ‘‘(iii) AMORTIZATION OF REDUCTION IN UN- ‘‘(iii) NET INVESTMENT LOSSES.—For pur- SEC. 241. ADJUSTMENTS TO FUNDING STANDARD FUNDED ACCRUED LIABILITY.—If this subpara- poses of this subparagraph— ACCOUNT RULES. graph and subparagraph (A) both apply for ‘‘(I) IN GENERAL.—Net investment losses (a) ADJUSTMENTS.— any plan year, the plan shall treat any re- shall be determined in the manner prescribed (1) AMENDMENT TO ERISA.—Section 304(b) of duction in unfunded accrued liability result- by the Secretary on the basis of the dif- the Employee Retirement Income Security ing from the application of this subpara- ference between actual and expected returns

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2316 CONGRESSIONAL RECORD — SENATE April 14, 2010

(including any difference attributable to any Benefit Guaranty Corporation may pre- (b) EFFECTIVE DATE.—The amendment criminally fraudulent investment arrange- scribe.’’. made by this section shall apply to fuels sold ment). (b) EFFECTIVE DATES.— or used on or after January 1, 2010. ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT (1) IN GENERAL.—The amendments made by SEC. 204. ELIMINATION OF ADVANCE ARRANGEMENTS.—The determination as to this section shall take effect as of the first REFUNDABILITY OF EARNED IN- whether an arrangement is a criminally day of the first plan year ending after Au- COME CREDIT. fraudulent investment arrangement shall be gust 31, 2008, except that any election a plan (a) IN GENERAL.—Section 3507, subsection made under rules substantially similar to makes pursuant to this section that affects (g) of section 32, and paragraph (7) of section the rules prescribed by the Secretary for pur- the plan’s funding standard account for the 6051(a) are repealed. poses of section 165. first plan year beginning after August 31, (b) CONFORMING AMENDMENTS.— ‘‘(B) EXPANDED SMOOTHING PERIOD.— 2008, shall be disregarded for purposes of ap- (1) Section 6012(a) is amended by striking ‘‘(i) IN GENERAL.—A multiemployer plan plying the provisions of section 305 of the paragraph (8) and by redesignating para- with respect to which the solvency test Employee Retirement Income Security Act graph (9) as paragraph (8). under subparagraph (C) is met may change of 1974 and section 432 of the Internal Rev- (2) Section 6302 is amended by striking sub- its asset valuation method in a manner enue Code of 1986 to such plan year. section (i). (c) EFFECTIVE DATE.—The repeals and which— (2) RESTRICTIONS ON BENEFIT INCREASES.— amendments made by this section shall ‘‘(I) spreads the difference between ex- Notwithstanding paragraph (1), the restric- apply to taxable years beginning after De- pected and actual returns for either or both tions on plan amendments increasing bene- cember 31, 2010. of the first 2 plan years ending after August fits in sections 304(b)(8)(D) of such Act and 31, 2008, over a period of not more than 10 SEC. 205. UNEMPLOYMENT INSURANCE PRO- 431(b)(8)(D) of such Code, as added by this GRAM INTEGRITY. years, section, shall take effect on the date of en- (a) REPORTING OF FIRST DAY OF EARNINGS ‘‘(II) provides that for either or both of the actment of this Act. first 2 plan years beginning after August 31, TO DIRECTORY OF NEW HIRES.— (1) IN GENERAL.—Section 453A(b)(1)(A) of 2008, the value of plan assets at any time SA 3727. Mr. COBURN proposed an shall not be less than 80 percent or greater the Social Security Act (42 U.S.C. than 130 percent of the fair market value of amendment to amendment SA 3721 pro- 653a(b)(1)(A)) is amended by inserting ‘‘the such assets at such time, or posed by Mr. BAUCUS to the bill H.R. date services for remuneration were first ‘‘(III) makes both changes described in sub- 4851, to provide a temporary extension performed by the employee,’’ after ‘‘of the clauses (I) and (II) to such method. of certain programs, and for other pur- employee,’’. ‘‘(ii) ASSET VALUATION METHODS.—If this poses; as follows: (2) REPORTING FORMAT AND METHOD.—Sec- subparagraph applies for any plan year— tion 453A(c) of the Social Security Act (42 At the end of the amendment, insert the U.S.C. 653a(c)) is amended by inserting ‘‘, to ‘‘(I) the Secretary shall not treat the asset following: valuation method of the plan as unreason- the extent practicable,’’ after ‘‘Each report able solely because of the changes in such TITLE II—OFFSETS FOR ACT required by subsection (b) shall’’. method described in clause (i), and Subtitle A—Revenue Offset Provisions (3) EFFECTIVE DATE.— (A) IN GENERAL.—Subject to subparagraph ‘‘(II) such changes shall be deemed ap- SEC. 201. AMENDMENT OF 1986 CODE. proved by the Secretary under section (B), the amendments made by this sub- Except as otherwise expressly provided, 302(d)(1) of the Employee Retirement Income section shall take effect 6 months after the whenever in this title an amendment or re- Security Act of 1974 and section 412(d)(1). date of enactment of this Act. peal is expressed in terms of an amendment ‘‘(iii) AMORTIZATION OF REDUCTION IN UN- (B) COMPLIANCE TRANSITION PERIOD.—If the to, or repeal of, a section or other provision, FUNDED ACCRUED LIABILITY.—If this subpara- Secretary of Health and Human Services de- the reference shall be considered to be made graph and subparagraph (A) both apply for termines that State legislation (other than to a section or other provision of the Inter- any plan year, the plan shall treat any re- legislation appropriating funds) is required nal Revenue Code of 1986. duction in unfunded accrued liability result- in order for a State plan under part D of title ing from the application of this subpara- SEC. 202. INFORMATION REPORTING FOR RENT- IV of the Social Security Act to meet the ad- graph as a separate experience amortization AL PROPERTY EXPENSE PAYMENTS. ditional requirements imposed by the base, to be amortized in equal annual install- (a) IN GENERAL.—Section 6041 is amended amendment made by paragraph (1), the plan ments (until fully amortized) over a period by adding at the end the following new sub- shall not be regarded as failing to meet such of 30 plan years rather than the period such section: requirements before the first day of the sec- liability would otherwise be amortized over. ‘‘(h) TREATMENT OF RENTAL PROPERTY EX- ond calendar quarter beginning after the ‘‘(C) SOLVENCY TEST.—The solvency test PENSE PAYMENTS.— close of the first regular session of the State under this paragraph is met only if the plan ‘‘(1) IN GENERAL.—For purposes of sub- legislature that begins after the effective actuary certifies that the plan is projected section (a), a person receiving rental income date of such amendment. If the State has a to have sufficient assets to timely pay ex- from real estate (other than a qualified resi- 2-year legislative session, each year of the pected benefits and anticipated expenditures dence) shall be considered to be engaged in a session is deemed to be a separate regular over the amortization period, taking into ac- trade or business of renting property. session of the State legislature. count the changes in the funding standard ‘‘(2) QUALIFIED RESIDENCE.—For purposes of (b) EXTENSION AND MODIFICATION OF COL- account under this paragraph. paragraph (1), the term ‘qualified residence’ LECTION OF PAST-DUE DEBT FOR ERRONEOUS ‘‘(D) RESTRICTION ON BENEFIT INCREASES.— means— PAYMENT OF UNEMPLOYMENT COMPENSA- If subparagraph (A) or (B) apply to a multi- ‘‘(A) the principal residence (within the TION.— employer plan for any plan year, then, in ad- meaning of section 121) of the taxpayer, and (1) PERMANENT EXTENSION.—Subsection (f) dition to any other applicable restrictions on ‘‘(B) 1 other residence of the taxpayer of section 6402 is amended by striking para- benefit increases, a plan amendment increas- which is selected by the taxpayer for pur- graph (8). ing benefits may not go into effect during ei- poses of this subsection for the taxable year (2) COLLECTION IN ALL STATES.—Subsection ther of the 2 plan years immediately fol- and which is used by the taxpayer as a resi- (f) of section 6402, as amended by paragraph lowing such plan year unless— dence (within the meaning of section (1), is amended by striking paragraph (3) and ‘‘(i) the plan actuary certifies that— 280A(d)(1)).’’. redesignating paragraphs (4) through (7) as ‘‘(I) any such increase is paid for out of ad- (b) EFFECTIVE DATE.—The amendment paragraphs (3) through (6), respectively. ditional contributions not allocated to the made by this section shall apply to payments (3) COLLECTION FOR REASONS OTHER THAN plan immediately before the application of made after December 31, 2010. FRAUD.— this paragraph to the plan, and SEC. 203. CRUDE TALL OIL INELIGIBLE FOR CEL- (A) IN GENERAL.—Paragraph (4) of section ‘‘(II) the plan’s funded percentage and pro- LULOSIC BIOFUEL PRODUCER 6402(f), as redesignated by paragraph (2), is jected credit balances for such 2 plan years CREDIT. amended by striking ‘‘due to fraud’’ each are reasonably expected to be at least as (a) IN GENERAL.—Section 40(B)(6)(E) is place it appears. high as such percentage and balances would amended by adding at the end the following (B) CONFORMING AMENDMENTS.—Section have been if the benefit increase had not new clause: 6402(f) is amended— been adopted, or ‘‘(iv) EXCLUSION OF CERTAIN PROCESSED (i) in paragraph (3), as redesignated by ‘‘(ii) the amendment is required as a condi- FUELS WITH A HIGH ACID CONTENT.—The term paragraph (2)— tion of qualification under part I of sub- ‘cellulosic biofuel’ shall not include any (I) by striking ‘‘or due to fraud’’ in sub- chapter D or to comply with other applicable processed fuel with an acid number greater paragraph (B), and law. than 25. For purposes of the preceding sen- (II) by striking ‘‘and due to fraud’’ in sub- ‘‘(E) REPORTING.—A plan sponsor of a plan tence, the term ‘processed fuel’ means any paragraph (C), and to which this paragraph applies shall— fuel other than a fuel— (ii) in the heading, by striking ‘‘RESULTING ‘‘(i) give notice of such application to par- ‘‘(I) more than 4 percent of which (deter- FROM FRAUD’’. ticipants and beneficiaries of the plan, and mined by weight) is any combination of (4) EFFECTIVE DATE.—The amendments ‘‘(ii) inform the Pension Benefit Guaranty water and sediment, or made by this subsection shall apply to re- Corporation of such application in such form ‘‘(II) the ash content of which is more than funds payable on or after the date of the en- and manner as the Director of the Pension 1 percent (determined by weight).’’. actment of this Act.

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2317 SEC. 206. PARTICIPANTS IN GOVERNMENT SEC- ‘‘(A) is not less than $75,000 and is not a ‘‘(II) the shortfall amortization install- TION 457 PLANS ALLOWED TO TREAT multiple of $500, such amount shall be round- ment for any plan year in the 9-plan-year pe- ELECTIVE DEFERRALS AS ROTH ed to the next lowest multiple of $500, and riod described in clause (ii) or the 15-plan- CONTRIBUTIONS. ‘‘(B) is not described in subparagraph (A) year period described in clause (iii), respec- (a) IN GENERAL.—Section 402A(e)(1) (defin- and is not a multiple of $10, such amount tively, with respect to such shortfall amorti- ing applicable retirement plan) is amended shall be rounded to the next lowest multiple zation base is the annual installment deter- by striking ‘‘and’’ at the end of subparagraph of $10.’’. mined under the applicable clause for that (A), by striking the period at the end of sub- (g) EFFECTIVE DATE.—The amendments year for that base. paragraph (B) and inserting ‘‘, and’’, and by made by this section shall apply with respect ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The adding at the end the following: to information returns required to be filed shortfall amortization installments deter- ‘‘(C) an eligible deferred compensation plan on or after January 1, 2011. mined under this clause are— (as defined in section 457(b)) of an eligible SEC. 208. ROLLOVERS FROM ELECTIVE DEFER- ‘‘(I) in the case of the first 2 plan years in employer described in section 457(e)(1)(A).’’. RAL PLANS TO ROTH DESIGNATED the 9-plan-year period beginning with the (b) ELECTIVE DEFERRALS.—Section ACCOUNTS. election year, interest on the shortfall amor- 402A(e)(2) (defining elective deferral) is (a) IN GENERAL.—Section 402A(c) is amend- tization base of the plan for the election year amended to read as follows: ed by adding at the end the following new (determined using the effective interest rate ‘‘(2) ELECTIVE DEFERRAL.—The term ‘elec- paragraph: for the plan for the election year), and tive deferral’ means— ‘‘(4) TAXABLE ROLLOVERS TO DESIGNATED ‘‘(II) in the case of the last 7 plan years in ‘‘(A) any elective deferral described in sub- ROTH ACCOUNTS.— such 9-plan-year period, the amounts nec- paragraph (A) or (C) of section 402(g)(3), and ‘‘(A) IN GENERAL.—Notwithstanding sec- essary to amortize the remaining balance of ‘‘(B) any elective deferral of compensation tions 402(c), 403(b)(8), and 457(e)(16), in the the shortfall amortization base of the plan by an individual under an eligible deferred case of any distribution to which this para- for the election year in level annual install- compensation plan (as defined in section graph applies— ments over such last 7 plan years (using the 457(b)) of an eligible employer described in ‘‘(i) there shall be included in gross income segment rates under subparagraph (C) for the section 457(e)(1)(A).’’. any amount which would be includible were election year). it not part of a qualified rollover contribu- (c) EFFECTIVE DATE.—The amendments ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall made by this section shall apply to taxable tion, amortization installments determined under years beginning after December 31, 2010. ‘‘(ii) section 72(t) shall not apply, and this subparagraph are the amounts necessary ‘‘(iii) unless the taxpayer elects not to to amortize the shortfall amortization base SEC. 207. INCREASE IN INFORMATION RETURN have this clause apply, any amount required PENALTIES. of the plan for the election year in level an- to be included in gross income for any tax- nual installments over the 15-plan-year pe- (a) FAILURE TO FILE CORRECT INFORMATION able year beginning in 2010 by reason of this riod beginning with the election year (using RETURNS.— paragraph shall be so included ratably over the segment rates under subparagraph (C) for (1) IN GENERAL.—Subsections (a)(1), the 2-taxable-year period beginning with the the election year). (b)(1)(A), and (b)(2)(A) of section 6721 are first taxable year beginning in 2011. each amended by striking ‘‘$50’’ and insert- ‘‘(iv) ELECTION.— Any election under clause (iii) for any dis- ‘‘(I) IN GENERAL.—The plan sponsor of a ing ‘‘$100’’. tributions during a taxable year may not be plan may elect to have this subparagraph (2) AGGREGATE ANNUAL LIMITATION.—Sub- changed after the due date for such taxable apply to not more than 2 eligible plan years sections (a)(1), (d)(1)(A), and (e)(3)(A) of sec- year. with respect to the plan, except that in the tion 6721 are each amended by striking ‘‘(B) DISTRIBUTIONS TO WHICH PARAGRAPH case of a plan described in section 106 of the ‘‘$250,000’’ and inserting ‘‘$1,500,000’’. APPLIES.—In the case of an applicable retire- Pension Protection Act of 2006, the plan (b) REDUCTION WHERE CORRECTION WITHIN ment plan which includes a qualified Roth sponsor may only elect to have this subpara- 30 DAYS.— contribution program, this paragraph shall graph apply to a plan year beginning in 2011. (1) IN GENERAL.—Subparagraph (A) of sec- apply to a distribution from such plan other ‘‘(II) AMORTIZATION SCHEDULE.—Such election 6721(b)(1) is amended by striking ‘‘$15’’ than from a designated Roth account which tion shall specify whether the amortization and inserting ‘‘$30’’. is contributed in a qualified rollover con- schedule under clause (ii) or (iii) shall apply (2) AGGREGATE ANNUAL LIMITATION.—Sub- tribution to the designated Roth account to an election year, except that if a plan sections (b)(1)(B) and (d)(1)(B) of section 6721 maintained under such plan for the benefit of sponsor elects to have this subparagraph are each amended by striking ‘‘$75,000’’ and the individual to whom the distribution is apply to 2 eligible plan years, the plan spon- inserting ‘‘$250,000’’. made. sor must elect the same schedule for both (c) REDUCTION WHERE CORRECTION ON OR ‘‘(C) OTHER RULES.—The rules of subpara- years. BEFORE AUGUST 1.— graphs (D), (E), and (F) of section 408A(d)(3) ‘‘(III) OTHER RULES.—Such election shall be (1) IN GENERAL.—Subparagraph (A) of sec- (as in effect for taxable years beginning after made at such time, and in such form and tion 6721(b)(2) is amended by striking ‘‘$30’’ 2009) shall apply for purposes of this para- manner, as shall be prescribed by the Sec- and inserting ‘‘$60’’. graph.’’. retary of the Treasury, and may be revoked (2) AGGREGATE ANNUAL LIMITATION.—Sub- (b) CONFORMING AMENDMENT.—Section only with the consent of the Secretary of the sections (b)(2)(B) and (d)(1)(C) of section 6721 402A(d)(3)(A) is amended by striking ‘‘A’’ and Treasury. The Secretary of the Treasury are each amended by striking ‘‘$150,000’’ and inserting ‘‘Except as provided in paragraph shall, before granting a revocation request, inserting ‘‘$500,000’’. (4), a’’. provide the Pension Benefit Guaranty Cor- (d) AGGREGATE ANNUAL LIMITATIONS FOR (c) EFFECTIVE DATE.—The amendments poration an opportunity to comment on the PERSONS WITH GROSS RECEIPTS OF NOT MORE made by this section shall apply to distribu- conditions applicable to the treatment of THAN $5,000,000.—Paragraph (1) of section tions in plan years beginning after December any portion of the election year shortfall 6721(d) is amended— 31, 2009. amortization base that remains unamortized (1) by striking ‘‘$100,000’’ in subparagraph Subtitle B—Pension Funding Relief as of the revocation date. (A) and inserting ‘‘$500,000’’, PART I—SINGLE EMPLOYER PLANS ‘‘(v) ELIGIBLE PLAN YEAR.—For purposes of (2) by striking ‘‘$25,000’’ in subparagraph SEC. 211. EXTENDED PERIOD FOR SINGLE-EM- this subparagraph, the term ‘eligible plan (B) and inserting ‘‘$75,000’’, and PLOYER DEFINED BENEFIT PLANS year’ means any plan year beginning in 2008, (3) by striking ‘‘$50,000’’ in subparagraph TO AMORTIZE CERTAIN SHORTFALL 2009, 2010, or 2011, except that a plan year (C) and inserting ‘‘$200,000’’. AMORTIZATION BASES. shall only be treated as an eligible plan year (e) PENALTY IN CASE OF INTENTIONAL DIS- (a) AMENDMENTS TO ERISA.— if the due date under subsection (j)(1) for the REGARD.—Paragraph (2) of section 6721(e) is (1) IN GENERAL.—Paragraph (2) of section payment of the minimum required contribu- amended by striking ‘‘$100’’ and inserting 303(c) of the Employee Retirement Income tion for such plan year occurs on or after the ‘‘$250’’. Security Act of 1974 (29 U.S.C. 1083(c)) is date of the enactment of this subparagraph. (f) ADJUSTMENT FOR INFLATION.—Section amended by adding at the end the following ‘‘(vi) REPORTING.—A plan sponsor of a plan 6721 is amended by adding at the end the fol- subparagraph: who makes an election under clause (i) lowing new subsection: ‘‘(D) SPECIAL ELECTION FOR ELIGIBLE PLAN shall— ‘‘(f) ADJUSTMENT FOR INFLATION.— YEARS.— ‘‘(I) give notice of the election to partici- ‘‘(1) IN GENERAL.—For each fifth calendar ‘‘(i) IN GENERAL.—If a plan sponsor elects pants and beneficiaries of the plan, and year beginning after 2012, each of the dollar to apply this subparagraph with respect to ‘‘(II) inform the Pension Benefit Guaranty amounts under subsections (a), (b), (d) (other the shortfall amortization base of a plan for Corporation of such election in such form than paragraph (2)(A) thereof), and (e) shall any eligible plan year (in this subparagraph and manner as the Director of the Pension be increased by such dollar amount multi- and paragraph (7) referred to as an ‘election Benefit Guaranty Corporation may pre- plied by the cost-of-living adjustment deter- year’), then, notwithstanding subparagraphs scribe. mined under section 1(f)(3) determined by (A) and (B)— ‘‘(vii) INCREASES IN REQUIRED INSTALLMENTS substituting ‘calendar year 2011’ for ‘cal- ‘‘(I) the shortfall amortization install- IN CERTAIN CASES.—For increases in required endar year 1992’ in subparagraph (B) thereof. ments with respect to such base shall be de- contributions in cases of excess compensa- ‘‘(2) ROUNDING.—If any amount adjusted termined under clause (ii) or (iii), whichever tion or extraordinary dividends or stock re- under paragraph (1)— is specified in the election, and demptions, see paragraph (7).’’.

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(2) INCREASES IN REQUIRED INSTALLMENTS IN respect to the plan year, exceeds the limita- vidual performance of the individual to CERTAIN CASES.—Section 303(c) of the Em- tion under clause (ii), the portion of such whom such remuneration is payable. ployee Retirement Income Security Act of amount representing such excess shall be ‘‘(II) CERTAIN PAYMENTS UNDER EXISTING 1974 (29 U.S.C. 1083(c)) is amended by adding treated as an installment acceleration CONTRACTS.—Any remuneration consisting of at the end the following paragraph: amount with respect to the next succeeding nonqualified deferred compensation, re- ‘‘(7) INCREASES IN ALTERNATE REQUIRED IN- plan year. stricted stock, stock options, or stock appre- STALLMENTS IN CASES OF EXCESS COMPENSA- ‘‘(III) LIMITATION ON YEARS TO WHICH ciation rights payable or granted under a TION OR EXTRAORDINARY DIVIDENDS OR STOCK AMOUNTS CARRIED FOR.—No amount shall be written binding contract that was in effect REDEMPTIONS.— carried under subclause (I) or (II) to a plan on March 1, 2010, and which was not modified ‘‘(A) IN GENERAL.—If there is an install- year which begins after the first plan year in any material respect before such remu- ment acceleration amount with respect to a following the last plan year in the restric- neration is paid. plan for any plan year in the restriction pe- tion period (or after the second plan year fol- ‘‘(vi) SELF-EMPLOYED INDIVIDUAL TREATED riod with respect to an election year under lowing such last plan year in the case of an AS EMPLOYEE.—The term ‘employee’ in- paragraph (2)(D), then the shortfall amorti- election year with respect to which 15-year cludes, with respect to a calendar year, a zation installment otherwise determined and amortization was elected under paragraph self-employed individual who is treated as an payable under such paragraph for such plan (2)(D)). employee under section 401(c) of such Code year shall, subject to the limitation under ‘‘(IV) ORDERING RULES.—For purposes of for the taxable year ending during such cal- subparagraph (B), be increased by such applying subclause (II), installment accelera- endar year, and the term ‘compensation’ amount. tion amounts for the plan year (determined shall include earned income of such indi- ‘‘(B) TOTAL INSTALLMENTS LIMITED TO without regard to any carryover under this vidual with respect to such self-employment. SHORTFALL BASE.—Subject to rules pre- clause) shall be applied first against the lim- ‘‘(vii) INDEXING OF AMOUNT.—In the case of scribed by the Secretary of the Treasury, if itation under clause (ii) and then carryovers any calendar year beginning after 2010, the a shortfall amortization installment with re- to such plan year shall be applied against dollar amount under clause (i)(II) shall be in- spect to any shortfall amortization base for such limitation on a first-in, first-out basis. an election year is required to be increased creased by an amount equal to— ‘‘(D) EXCESS EMPLOYEE COMPENSATION.—For for any plan year under subparagraph (A)— ‘‘(I) such dollar amount, multiplied by ‘‘(i) such increase shall not result in the purposes of this paragraph— ‘‘(II) the cost-of-living adjustment deter- amount of such installment exceeding the ‘‘(i) IN GENERAL.—The term ‘excess em- mined under section 1(f)(3) of such Code for present value of such installment and all ployee compensation’ means, with respect to the calendar year, determined by sub- succeeding installments with respect to such any employee for any plan year, the excess stituting ‘calendar year 2009’ for ‘calendar base (determined without regard to such in- (if any) of— year 1992’ in subparagraph (B) thereof. crease but after application of clause (ii)), ‘‘(I) the aggregate amount includible in in- If the amount of any increase under clause and come under chapter 1 of the Internal Rev- (i) is not a multiple of $1,000, such increase ‘‘(ii) subsequent shortfall amortization in- enue Code of 1986 for remuneration during shall be rounded to the next lowest multiple stallments with respect to such base shall, in the calendar year in which such plan year of $1,000. begins for services performed by the em- reverse order of the otherwise required in- ‘‘(E) EXTRAORDINARY DIVIDENDS AND RE- ployee for the plan sponsor (whether or not stallments, be reduced to the extent nec- DEMPTIONS.— performed during such calendar year), over essary to limit the present value of such sub- ‘‘(i) IN GENERAL.—The amount determined ‘‘(II) $1,000,000. sequent shortfall amortization installments under this subparagraph for any plan year is ‘‘(ii) AMOUNTS SET ASIDE FOR NONQUALIFIED (after application of this paragraph) to the the excess (if any) of the sum of the divi- DEFERRED COMPENSATION.—If during any cal- present value of the remaining unamortized dends declared during the plan year by the endar year assets are set aside or reserved shortfall amortization base. plan sponsor plus the aggregate amount paid (directly or indirectly) in a trust (or other ‘‘(C) INSTALLMENT ACCELERATION AMOUNT.— for the redemption of stock of the plan spon- arrangement as determined by the Secretary For purposes of this paragraph— sor redeemed during the plan year over the of the Treasury), or transferred to such a ‘‘(i) IN GENERAL.—The term ‘installment greater of— trust or other arrangement, by a plan spon- acceleration amount’ means, with respect to ‘‘(I) the adjusted net income (within the sor for purposes of paying deferred com- any plan year in a restriction period with re- meaning of section 4043) of the plan sponsor spect to an election year, the sum of— pensation of an employee under a nonqualified deferred compensation plan (as de- for the preceding plan year, determined ‘‘(I) the aggregate amount of excess em- without regard to any reduction by reason of ployee compensation determined under sub- fined in section 409A of such Code) of the interest, taxes, depreciation, or amortiza- paragraph (D) with respect to all employees plan sponsor, then, for purposes of clause (i), tion, or for the plan year, plus the amount of such assets shall be treated as ‘‘(II) in the case of a plan sponsor that de- ‘‘(II) the aggregate amount of extraor- remuneration of the employee includible in termined and declared dividends in the same dinary dividends and redemptions deter- income for the calendar year unless such mined under subparagraph (E) for the plan amount is otherwise includible in income for manner for at least 5 consecutive years im- year. such year. An amount to which the pre- mediately preceding such plan year, the aggregate amount of dividends determined and ‘‘(ii) ANNUAL LIMITATION.—The installment ceding sentence applies shall not be taken acceleration amount for any plan year shall into account under this paragraph for any declared for such plan year using such man- not exceed the excess (if any) of— subsequent calendar year. ner. ‘‘(I) the sum of the shortfall amortization ‘‘(iii) ONLY REMUNERATION FOR CERTAIN ‘‘(ii) ONLY CERTAIN POST-2009 DIVIDENDS AND installments for the plan year and all pre- POST-2009 SERVICES COUNTED.—Remuneration REDEMPTIONS COUNTED.—For purposes of ceding plan years in the amortization period shall be taken into account under clause (i) clause (i), there shall only be taken into ac- elected under paragraph (2)(D) with respect only to the extent attributable to services count dividends declared, and redemptions to the shortfall amortization base with re- performed by the employee for the plan spon- occurring, after February 28, 2010. spect to an election year, determined with- sor after February 28, 2010. ‘‘(iii) EXCEPTION FOR INTRA-GROUP DIVI- out regard to paragraph (2)(D) and this para- ‘‘(iv) EXCEPTION FOR CERTAIN EQUITY PAY- DENDS.—Dividends paid by one member of a graph, over MENTS.— controlled group (as defined in section ‘‘(II) the sum of the shortfall amortization ‘‘(I) IN GENERAL.—There shall not be taken 302(d)(3)) to another member of such group installments for such plan year and all such into account under clause (i)(I) any amount shall not be taken into account under clause preceding plan years, determined after appli- includible in income with respect to the (i). cation of paragraph (2)(D) (and in the case of granting after February 28, 2010, of service ‘‘(iv) EXCEPTION FOR CERTAIN REDEMP- any preceding plan year, after application of recipient stock (within the meaning of sec- TIONS.—Redemptions that are made pursuant this paragraph). tion 409A of the Internal Revenue Code of to a plan maintained with respect to employ- ‘‘(iii) CARRYOVER OF EXCESS INSTALLMENT 1986) that, upon such grant, is subject to a ees, or that are made on account of the ACCELERATION AMOUNTS.— substantial risk of forfeiture (as defined death, disability, or termination of employ- ‘‘(I) IN GENERAL.—If the installment accel- under section 83(c)(1) of such Code) for at ment of an employee or shareholder, shall eration amount for any plan year (deter- least 5 years from the date of such grant. not be taken into account under clause (i). mined without regard to clause (ii)) exceeds ‘‘(II) SECRETARIAL AUTHORITY.—The Sec- ‘‘(v) EXCEPTION FOR CERTAIN PREFERRED the limitation under clause (ii), then, subject retary of the Treasury may by regulation STOCK.— to subclause (II), such excess shall be treated provide for the application of this clause in ‘‘(I) IN GENERAL.—Dividends and redemp- as an installment acceleration amount with the case of a person other than a corporations with respect to applicable preferred respect to the succeeding plan year. tion. stock shall not be taken into account under ‘‘(II) CAP TO APPLY.—If any amount treated ‘‘(v) OTHER EXCEPTIONS.—The following clause (i) to the extent that dividends accrue as an installment acceleration amount under amounts includible in income shall not be with respect to such stock at a specified rate subclause (I) or this subclause with respect taken into account under clause (i)(I): in all events and without regard to the plan any succeeding plan year, when added to ‘‘(I) COMMISSIONS.—Any remuneration pay- sponsor’s income, and interest accrues on other installment acceleration amounts (de- able on a commission basis solely on account any unpaid dividends with respect to such termined without regard to clause (ii)) with of income directly generated by the indi- stock.

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‘‘(II) APPLICABLE PREFERRED STOCK.—For ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The ‘‘(A) IN GENERAL.—If there is an install- purposes of subclause (I), the term ‘applica- shortfall amortization installments deter- ment acceleration amount with respect to a ble preferred stock’ means preferred stock mined under this clause are— plan for any plan year in the restriction pe- which was issued before March 1, 2010 (or ‘‘(I) in the case of the first 2 plan years in riod with respect to an election year under which was issued after such date and is held the 9-plan-year period beginning with the paragraph (2)(D), then the shortfall amorti- by an employee benefit plan subject to the election year, interest on the shortfall amor- zation installment otherwise determined and provisions of this title). tization base of the plan for the election year payable under such paragraph for such plan ‘‘(F) OTHER DEFINITIONS AND RULES.—For (determined using the effective interest rate year shall, subject to the limitation under purposes of this paragraph— for the plan for the election year), and subparagraph (B), be increased by such ‘‘(i) PLAN SPONSOR.—The term ‘ plan spon- ‘‘(II) in the case of the last 7 plan years in amount. sor’ includes any member of the plan spon- such 9-plan-year period, the amounts nec- ‘‘(B) TOTAL INSTALLMENTS LIMITED TO sor’s controlled group (as defined in section essary to amortize the remaining balance of SHORTFALL BASE.—Subject to rules pre- 302(d)(3)). the shortfall amortization base of the plan scribed by the Secretary, if a shortfall amor- ‘‘(ii) RESTRICTION PERIOD.—The term ‘re- for the election year in level annual install- tization installment with respect to any striction period’ means, with respect to any ments over such last 7 plan years (using the shortfall amortization base for an election election year— segment rates under subparagraph (C) for the year is required to be increased for any plan ‘‘(I) except as provided in subclause (II), election year). year under subparagraph (A)— ‘‘(i) such increase shall not result in the the 3-year period beginning with the election ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall amount of such installment exceeding the year (or, if later, the first plan year begin- amortization installments determined under present value of such installment and all ning after December 31, 2009), and this subparagraph are the amounts necessary succeeding installments with respect to such ‘‘(II) if the plan sponsor elects 15-year am- to amortize the shortfall amortization base base (determined without regard to such in- ortization for the shortfall amortization base of the plan for the election year in level an- crease but after application of clause (ii)), for the election year, the 5-year period begin- nual installments over the 15-plan-year pe- and ning with the election year (or, if later, the riod beginning with the election year (using ‘‘(ii) subsequent shortfall amortization in- first plan year beginning after December 31, the segment rates under subparagraph (C) for stallments with respect to such base shall, in 2009). the election year). ‘‘(iii) ELECTIONS FOR MULTIPLE PLANS.—If a reverse order of the otherwise required in- ‘‘(iv) ELECTION.— stallments, be reduced to the extent nec- plan sponsor makes elections under para- ‘‘(I) IN GENERAL.—The plan sponsor of a graph (2)(D) with respect to 2 or more plans, essary to limit the present value of such sub- plan may elect to have this subparagraph sequent shortfall amortization installments the Secretary of the Treasury shall provide apply to not more than 2 eligible plan years rules for the application of this paragraph to (after application of this paragraph) to the with respect to the plan, except that in the present value of the remaining unamortized such plans, including rules for the ratable al- case of a plan described in section 106 of the location of any installment acceleration shortfall amortization base. Pension Protection Act of 2006, the plan ‘‘(C) INSTALLMENT ACCELERATION AMOUNT.— amount among such plans on the basis of sponsor may only elect to have this subpara- each plan’s relative reduction in the plan’s For purposes of this paragraph— graph apply to a plan year beginning in 2011. ‘‘(i) IN GENERAL.—The term ‘installment shortfall amortization installment for the ‘‘(II) AMORTIZATION SCHEDULE.—Such elec- acceleration amount’ means, with respect to first plan year in the amortization period de- tion shall specify whether the amortization any plan year in a restriction period with re- scribed in subparagraph (A) (determined schedule under clause (ii) or (iii) shall apply spect to an election year, the sum of— without regard to this paragraph). to an election year, except that if a plan ‘‘(I) the aggregate amount of excess em- ‘‘(iv) MERGERS AND ACQUISITIONS.—The Sec- sponsor elects to have this subparagraph ployee compensation determined under sub- retary of the Treasury shall prescribe rules apply to 2 eligible plan years, the plan spon- paragraph (D) with respect to all employees for the application of paragraph (2)(D) and sor must elect the same schedule for both for the plan year, plus this paragraph in any case where there is a years. ‘‘(II) the aggregate amount of extraor- merger or acquisition involving a plan spon- ‘‘(III) OTHER RULES.—Such election shall be dinary dividends and redemptions deter- sor making the election under paragraph made at such time, and in such form and mined under subparagraph (E) for the plan (2)(D).’’. manner, as shall be prescribed by the Sec- year. (3) CONFORMING AMENDMENTS.—Section 303 retary, and may be revoked only with the ‘‘(ii) ANNUAL LIMITATION.—The installment of such Act (29 U.S.C. 1083) is amended— consent of the Secretary. The Secretary acceleration amount for any plan year shall (A) in subsection (c)(1), by striking ‘‘the shall, before granting a revocation request, not exceed the excess (if any) of— shortfall amortization bases for such plan provide the Pension Benefit Guaranty Cor- ‘‘(I) the sum of the shortfall amortization year and each of the 6 preceding plan years’’ poration an opportunity to comment on the installments for the plan year and all pre- and inserting ‘‘any shortfall amortization conditions applicable to the treatment of ceding plan years in the amortization period base which has not been fully amortized any portion of the election year shortfall elected under paragraph (2)(D) with respect under this subsection’’, and amortization base that remains unamortized to the shortfall amortization base with re- (B) in subsection (j)(3), by adding at the as of the revocation date. spect to an election year, determined with- end the following: ‘‘(v) ELIGIBLE PLAN YEAR.—For purposes of out regard to paragraph (2)(D) and this para- ‘‘(F) QUARTERLY CONTRIBUTIONS NOT TO IN- this subparagraph, the term ‘eligible plan graph, over CLUDE CERTAIN INCREASED CONTRIBUTIONS.— year’ means any plan year beginning in 2008, ‘‘(II) the sum of the shortfall amortization Subparagraph (D) shall be applied without 2009, 2010, or 2011, except that a plan year installments for such plan year and all such regard to any increase under subsection shall only be treated as an eligible plan year preceding plan years, determined after appli- (c)(7).’’. if the due date under subsection (j)(1) for the cation of paragraph (2)(D) (and in the case of (b) AMENDMENTS TO INTERNAL REVENUE payment of the minimum required contribu- any preceding plan year, after application of CODE OF 1986.— tion for such plan year occurs on or after the this paragraph). (1) IN GENERAL.—Paragraph (2) of section date of the enactment of this subparagraph. ‘‘(iii) CARRYOVER OF EXCESS INSTALLMENT 430(c) is amended by adding at the end the ‘‘(vi) REPORTING.—A plan sponsor of a plan ACCELERATION AMOUNTS.— following subparagraph: who makes an election under clause (i) ‘‘(I) IN GENERAL.—If the installment accel- ‘‘(D) SPECIAL ELECTION FOR ELIGIBLE PLAN shall— eration amount for any plan year (deter- YEARS.— ‘‘(I) give notice of the election to partici- mined without regard to clause (ii)) exceeds ‘‘(i) IN GENERAL.—If a plan sponsor elects pants and beneficiaries of the plan, and the limitation under clause (ii), then, subject to apply this subparagraph with respect to ‘‘(II) inform the Pension Benefit Guaranty to subclause (II), such excess shall be treated the shortfall amortization base of a plan for Corporation of such election in such form as an installment acceleration amount with any eligible plan year (in this subparagraph and manner as the Director of the Pension respect to the succeeding plan year. and paragraph (7) referred to as an ‘election Benefit Guaranty Corporation may pre- ‘‘(II) CAP TO APPLY.—If any amount treated year’), then, notwithstanding subparagraphs scribe. as an installment acceleration amount under (A) and (B)— ‘‘(vii) INCREASES IN REQUIRED INSTALLMENTS subclause (I) or this subclause with respect ‘‘(I) the shortfall amortization install- IN CERTAIN CASES.—For increases in required any succeeding plan year, when added to ments with respect to such base shall be de- contributions in cases of excess compensa- other installment acceleration amounts (determined under clause (ii) or (iii), whichever tion or extraordinary dividends or stock re- termined without regard to clause (ii)) with is specified in the election, and demptions, see paragraph (7).’’. respect to the plan year, exceeds the limita- ‘‘(II) the shortfall amortization install- (2) INCREASES IN REQUIRED CONTRIBUTIONS IF tion under clause (ii), the portion of such ment for any plan year in the 9-plan-year pe- EXCESS COMPENSATION PAID.—Section 430(c) is amount representing such excess shall be riod described in clause (ii) or the 15-plan- amended by adding at the end the following treated as an installment acceleration year period described in clause (iii), respec- paragraph: amount with respect to the next succeeding tively, with respect to such shortfall amorti- ‘‘(7) INCREASES IN ALTERNATE REQUIRED IN- plan year. zation base is the annual installment deter- STALLMENTS IN CASES OF EXCESS COMPENSA- ‘‘(III) LIMITATION ON YEARS TO WHICH mined under the applicable clause for that TION OR EXTRAORDINARY DIVIDENDS OR STOCK AMOUNTS CARRIED FOR.—No amount shall be year for that base. REDEMPTIONS.— carried under subclause (I) or (II) to a plan

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year which begins after the first plan year cludes, with respect to a calendar year, a ‘‘(ii) RESTRICTION PERIOD.—The term ‘re- following the last plan year in the restric- self-employed individual who is treated as an striction period’ means, with respect to any tion period (or after the second plan year fol- employee under section 401(c) for the taxable election year— lowing such last plan year in the case of an year ending during such calendar year, and ‘‘(I) except as provided in subclause (II), election year with respect to which 15-year the term ‘compensation’ shall include earned the 3-year period beginning with the election amortization was elected under paragraph income of such individual with respect to year (or, if later, the first plan year begin- (2)(D)). such self-employment. ning after December 31, 2009), and ‘‘(IV) ORDERING RULES.—For purposes of ‘‘(vii) INDEXING OF AMOUNT.—In the case of ‘‘(II) if the plan sponsor elects 15-year am- applying subclause (II), installment accelera- any calendar year beginning after 2010, the ortization for the shortfall amortization base tion amounts for the plan year (determined dollar amount under clause (i)(II) shall be infor the election year, the 5-year period begin- without regard to any carryover under this creased by an amount equal to— ning with the election year (or, if later, the clause) shall be applied first against the lim- ‘‘(I) such dollar amount, multiplied by first plan year beginning after December 31, itation under clause (ii) and then carryovers ‘‘(II) the cost-of-living adjustment deter- 2009). to such plan year shall be applied against mined under section 1(f)(3) for the calendar ‘‘(iii) ELECTIONS FOR MULTIPLE PLANS.—If a such limitation on a first-in, first-out basis. year, determined by substituting ‘calendar plan sponsor makes elections under para- ‘‘(D) EXCESS EMPLOYEE COMPENSATION.—For year 2009’ for ‘calendar year 1992’ in subparagraph (2)(D) with respect to 2 or more plans, purposes of this paragraph— graph (B) thereof. the Secretary shall provide rules for the ap- ‘‘(i) IN GENERAL.—The term ‘excess em- If the amount of any increase under clause plication of this paragraph to such plans, in- ployee compensation’ means, with respect to (i) is not a multiple of $1,000, such increase cluding rules for the ratable allocation of any employee for any plan year, the excess shall be rounded to the next lowest multiple any installment acceleration amount among (if any) of— of $1,000. such plans on the basis of each plan’s rel- ‘‘(I) the aggregate amount includible in in- ‘‘(E) EXTRAORDINARY DIVIDENDS AND RE- ative reduction in the plan’s shortfall amor- come under this chapter for remuneration DEMPTIONS.— tization installment for the first plan year in during the calendar year in which such plan ‘‘(i) IN GENERAL.—The amount determined the amortization period described in sub- year begins for services performed by the under this subparagraph for any plan year is paragraph (A) (determined without regard to employee for the plan sponsor (whether or the excess (if any) of the sum of the divi- this paragraph). not performed during such calendar year), dends declared during the plan year by the ‘‘(iv) MERGERS AND ACQUISITIONS.—The Sec- over plan sponsor plus the aggregate amount paid retary shall prescribe rules for the applica- ‘‘(II) $1,000,000. for the redemption of stock of the plan spon- tion of paragraph (2)(D) and this paragraph ‘‘(ii) AMOUNTS SET ASIDE FOR NONQUALIFIED sor redeemed during the plan year over the in any case where there is a merger or acqui- DEFERRED COMPENSATION.—If during any cal- greater of— sition involving a plan sponsor making the endar year assets are set aside or reserved ‘‘(I) the adjusted net income (within the election under paragraph (2)(D).’’. (directly or indirectly) in a trust (or other meaning of section 4043 of the Employee Re- (3) CONFORMING AMENDMENTS.—Section 430 arrangement as determined by the Sec- tirement Income Security Act of 1974) of the is amended— retary), or transferred to such a trust or plan sponsor for the preceding plan year, de- (A) in subsection (c)(1), by striking ‘‘the other arrangement, by a plan sponsor for termined without regard to any reduction by shortfall amortization bases for such plan purposes of paying deferred compensation of reason of interest, taxes, depreciation, or year and each of the 6 preceding plan years’’ an employee under a nonqualified deferred amortization, or and inserting ‘‘any shortfall amortization compensation plan (as defined in section ‘‘(II) in the case of a plan sponsor that de- base which has not been fully amortized 409A) of the plan sponsor, then, for purposes termined and declared dividends in the same under this subsection’’, and of clause (i), the amount of such assets shall manner for at least 5 consecutive years im- (B) in subsection (j)(3), by adding at the be treated as remuneration of the employee mediately preceding such plan year, the ag- end the following: includible in income for the calendar year gregate amount of dividends determined and ‘‘(F) QUARTERLY CONTRIBUTIONS NOT TO IN- unless such amount is otherwise includible declared for such plan year using such man- CLUDE CERTAIN INCREASED CONTRIBUTIONS.— in income for such year. An amount to which ner. Subparagraph (D) shall be applied without the preceding sentence applies shall not be ‘‘(ii) ONLY CERTAIN POST-2009 DIVIDENDS AND regard to any increase under subsection taken into account under this paragraph for REDEMPTIONS COUNTED.—For purposes of any subsequent calendar year. (c)(7).’’. clause (i), there shall only be taken into ac- (c) EFFECTIVE DATE.—The amendments ‘‘(iii) ONLY REMUNERATION FOR CERTAIN count dividends declared, and redemptions made by this section shall apply to plan POST-2009 SERVICES COUNTED.—Remuneration occurring, after February 28, 2010. years beginning after December 31, 2007. shall be taken into account under clause (i) ‘‘(iii) EXCEPTION FOR INTRA-GROUP DIVI- only to the extent attributable to services SEC. 212. APPLICATION OF EXTENDED AMORTI- DENDS.—Dividends paid by one member of a ZATION PERIOD TO PLANS SUBJECT performed by the employee for the plan spon- controlled group (as defined in section TO PRIOR LAW FUNDING RULES. sor after February 28, 2010. 412(d)(3)) to another member of such group (a) IN GENERAL.—Title I of the Pension ‘‘(iv) EXCEPTION FOR CERTAIN EQUITY PAY- shall not be taken into account under clause Protection Act of 2006 is amended by redesig- MENTS.— (i). nating section 107 as section 108 and by in- ‘‘(I) IN GENERAL.—There shall not be taken ‘‘(iv) EXCEPTION FOR CERTAIN REDEMP- serting the following after section 106: into account under clause (i)(I) any amount TIONS.—Redemptions that are made pursuant ‘‘SEC. 107. APPLICATION OF EXTENDED AMORTI- includible in income with respect to the to a plan maintained with respect to employ- ZATION PERIODS TO PLANS WITH granting after February 28, 2010, of service ees, or that are made on account of the DELAYED EFFECTIVE DATE. recipient stock (within the meaning of sec- death, disability, or termination of employ- ‘‘(a) IN GENERAL.—If the plan sponsor of a tion 409A) that, upon such grant, is subject ment of an employee or shareholder, shall plan to which section 104, 105, or 106 of this to a substantial risk of forfeiture (as defined not be taken into account under clause (i). Act applies elects to have this section apply under section 83(c)(1)) for at least 5 years ‘‘(v) EXCEPTION FOR CERTAIN PREFERRED for any eligible plan year (in this section re- from the date of such grant. STOCK.— ferred to as an ‘election year’), section 302 of ‘‘(II) SECRETARIAL AUTHORITY.—The Sec- ‘‘(I) IN GENERAL.—Dividends and redemp- the Employee Retirement Income Security retary may by regulation provide for the ap- tions with respect to applicable preferred Act of 1974 and section 412 of the Internal plication of this clause in the case of a per- stock shall not be taken into account under Revenue Code of 1986 (as in effect before the son other than a corporation. clause (i) to the extent that dividends accrue amendments made by this subtitle and sub- ‘‘(v) OTHER EXCEPTIONS.—The following with respect to such stock at a specified rate title B) shall apply to such year in the man- amounts includible in income shall not be in all events and without regard to the plan ner described in subsection (b) or (c), which- taken into account under clause (i)(I): sponsor’s income, and interest accrues on ever is specified in the election. All ref- ‘‘(I) COMMISSIONS.—Any remuneration pay- any unpaid dividends with respect to such erences in this section to ‘such Act’ or ‘such able on a commission basis solely on account stock. Code’ shall be to such Act or such Code as in of income directly generated by the indi- ‘‘(II) APPLICABLE PREFERRED STOCK.—For effect before the amendments made by this vidual performance of the individual to purposes of subclause (I), the term ‘applica- subtitle and subtitle B. whom such remuneration is payable. ble preferred stock’ means preferred stock ‘‘(b) APPLICATION OF 2 AND 7 RULE.—In the ‘‘(II) CERTAIN PAYMENTS UNDER EXISTING which was issued before March 1, 2010 (or case of an election year to which this sub- CONTRACTS.—Any remuneration consisting of which was issued after such date and is held section applies— nonqualified deferred compensation, re- by an employee benefit plan subject to the ‘‘(1) 2-YEAR LOOKBACK FOR DETERMINING stricted stock, stock options, or stock appre- provisions of title I of Employee Retirement DEFICIT REDUCTION CONTRIBUTIONS FOR CER- ciation rights payable or granted under a Income Security Act of 1974). TAIN PLANS.—For purposes of applying sec- written binding contract that was in effect ‘‘(F) OTHER DEFINITIONS AND RULES.—For tion 302(d)(9) of such Act and section 412(l)(9) on March 1, 2010, and which was not modified purposes of this paragraph— of such Code, the funded current liability in any material respect before such remu- ‘‘(i) PLAN SPONSOR.—The term ‘ plan spon- percentage (as defined in subparagraph (C) neration is paid. sor’ includes any member of the plan spon- thereof) for such plan for such plan year ‘‘(vi) SELF-EMPLOYED INDIVIDUAL TREATED sor’s controlled group (as defined in section shall be such funded current liability per- AS EMPLOYEE.—The term ‘employee’ in- 412(d)(3)). centage of such plan for the second plan year

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2321 preceding the first election year of such amount of unfunded new liability deter- ment under a social security leveling option plan. mined as if the value of the plan’s assets de- which accelerates payments under the plan ‘‘(2) CALCULATION OF DEFICIT REDUCTION termined under subsection 302(c)(2) of such before, and reduces payments after, a partic- CONTRIBUTION.—For purposes of applying sec- Act and section 412(c)(2) of such Code equaled ipant starts receiving social security bene- tion 302(d) of such Act and section 412(l) of the product of the current liability of the fits in order to provide substantially similar such Code to a plan to which such sections plan for the year multiplied by the funded aggregate payments both before and after apply (after taking into account paragraph current liability percentage (as defined in such benefits are received, and (1))— section 302(d)(8)(B) of such Act and ‘‘(II) paragraph (4).’’. ‘‘(A) in the case of the increased unfunded 412(l)(8)(B) of such Code) of the plan for the (2) AMENDMENT TO INTERNAL REVENUE CODE new liability of the plan, the applicable per- second plan year preceding the first election OF 1986.—Section 436(j) of the Internal Rev- centage described in section 302(d)(4)(C) of year of such plan. enue Code of 1986 is amended by adding at such Act and section 412(l)(4)(C) of such Code ‘‘(4) OTHER DEFINITIONS.—The terms ‘un- the end the following: shall be the third segment rate described in funded new liability’ and ‘current liability’ ‘‘(3) SPECIAL RULE FOR CERTAIN YEARS.— sections 104(b), 105(b), and 106(b) of this Act, shall have the meanings set forth in section Solely for purposes of any applicable provi- and 302(d) of such Act and section 412(l) of such sion— ‘‘(B) in the case of the excess of the un- Code.’’. ‘‘(A) IN GENERAL.—For plan years begin- funded new liability over the increased un- (b) ELIGIBLE CHARITY PLANS.—Section 104 ning on or after October 1, 2008, and before funded new liability, such applicable per- of the Pension Protection Act of 2006 is October 1, 2010, the adjusted funding target centage shall be determined without regard amended— attainment percentage of a plan shall be the to this section. (1) by striking ‘‘eligible cooperative plan’’ greater of— ‘‘(c) APPLICATION OF 15-YEAR AMORTIZA- wherever it appears in subsections (a) and (b) ‘‘(i) such percentage, as determined with- TION.—In the case of an election year to and inserting ‘‘eligible cooperative plan or out regard to this paragraph, or which this subsection applies, for purposes of an eligible charity plan’’, and ‘‘(ii) the adjusted funding target attain- applying section 302(d) of such Act and sec- (2) by adding at the end the following new ment percentage for such plan for the plan tion 412(l) of such Code— subsection: year beginning after October 1, 2007, and be- ‘‘(1) in the case of the increased unfunded ‘‘(d) ELIGIBLE CHARITY PLAN DEFINED.—For fore October 1, 2008, as determined under new liability of the plan, the applicable per- purposes of this section, a plan shall be rules prescribed by the Secretary. centage described in section 302(d)(4)(C) of treated as an eligible charity plan for a plan ‘‘(B) SPECIAL RULE.—In the case of a plan such Act and section 412(l)(4)(C) of such Code year if the plan is maintained by more than for which the valuation date is not the first for any pre-effective date plan year begin- one employer (determined without regard to day of the plan year— ning with or after the first election year section 414(c) of the Internal Revenue Code) ‘‘(i) subparagraph (A) shall apply to plan shall be the ratio of— and 100 percent of the employers are de- years beginning after December 31, 2007, and ‘‘(A) the annual installments payable in scribed in section 501(c)(3) of such Code.’’. before January 1, 2010, and each year if the increased unfunded new li- (c) EFFECTIVE DATE.— ‘‘(ii) subparagraph (A)(ii) shall apply based ability for such plan year were amortized (1) IN GENERAL.—The amendment made by on the last plan year beginning before No- over 15 years, using an interest rate equal to subsection (a) shall take effect as if included vember 1, 2007, as determined under rules the third segment rate described in sections in the Pension Protection Act of 2006. prescribed by the Secretary. 104(b), 105(b), and 106(b) of this Act, to (2) ELIGIBLE CHARITY PLAN.—The amend- ‘‘(C) APPLICABLE PROVISION.—For purposes ‘‘(B) the increased unfunded new liability ments made by subsection (b) shall apply to of this paragraph, the term ‘applicable provi- for such plan year, and plan years beginning after December 31, 2007, sion’ means— ‘‘(2) in the case of the excess of the un- except that a plan sponsor may elect to ‘‘(i) subsection (d), but only for purposes of funded new liability over the increased un- apply such amendments to plan years begin- applying such paragraph to a payment funded new liability, such applicable per- ning after December 31, 2008. Any such elec- which, as determined under rules prescribed centage shall be determined without regard tion shall be made at such time, and in such by the Secretary, is a payment under a so- to this section. form and manner, as shall be prescribed by cial security leveling option which acceler- ‘‘(d) ELECTION.— the Secretary of the Treasury, and may be ates payments under the plan before, and re- ‘‘(1) IN GENERAL.—The plan sponsor of a revoked only with the consent of the Sec- plan may elect to have this section apply to retary of the Treasury. duces payments after, a participant starts receiving social security benefits in order to not more than 2 eligible plan years with re- SEC. 213. LOOKBACK FOR CERTAIN BENEFIT RE- spect to the plan, except that in the case of STRICTIONS. provide substantially similar aggregate pay- a plan to which section 106 of this Act ap- (a) IN GENERAL.— ments both before and after such benefits are plies, the plan sponsor may only elect to (1) AMENDMENT TO ERISA.—Section 206(g)(9) received, and have this section apply to 1 eligible plan of the Employee Retirement Income Secu- ‘‘(ii) subsection (e).’’. (b) INTERACTION WITH WRERA RULE.—Sec- year. rity Act of 1974 is amended by adding at the tion 203 of the Worker, Retiree, and Em- ‘‘(2) AMORTIZATION SCHEDULE.—Such elec- end the following: ployer Recovery Act of 2008 shall apply to a ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS.— tion shall specify whether the rules under plan for any plan year in lieu of the amend- Solely for purposes of any applicable provi- subsection (b) or (c) shall apply to an elec- ments made by this section applying to sec- sion— tion year, except that if a plan sponsor elects tions 206(g)(4) of the Employee Retirement ‘‘(i) IN GENERAL.—For plan years beginning to have this section apply to 2 eligible plan Income Security Act of 1974 and 436(e) of the on or after October 1, 2008, and before Octo- years, the plan sponsor must elect the same Internal Revenue Code of 1986 only to the ex- rule for both years. ber 1, 2010, the adjusted funding target at- tent that such section produces a higher ad- ‘‘(3) OTHER RULES.—Such election shall be tainment percentage of a plan shall be the justed funding target attainment percentage made at such time, and in such form and greater of— for such plan for such year. manner, as shall be prescribed by the Sec- ‘‘(I) such percentage, as determined with- (c) EFFECTIVE DATE.— retary of the Treasury, and may be revoked out regard to this subparagraph, or (1) IN GENERAL.—Except as provided in only with the consent of the Secretary of the ‘‘(II) the adjusted funding target attain- paragraph (2), the amendments made by this Treasury. ment percentage for such plan for the plan section shall apply to plan years beginning ‘‘(e) DEFINITIONS.—For purposes of this sec- year beginning after October 1, 2007, and be- on or after October 1, 2008. tion— fore October 1, 2008, as determined under (2) SPECIAL RULE.—In the case of a plan for ‘‘(1) ELIGIBLE PLAN YEAR.—For purposes of rules prescribed by the Secretary of the which the valuation date is not the first day this subparagraph, the term ‘eligible plan Treasury. of the plan year, the amendments made by year’ means any plan year beginning in 2008, ‘‘(ii) SPECIAL RULE.—In the case of a plan this section shall apply to plan years begin- 2009, 2010, or 2011, except that a plan year be- for which the valuation date is not the first ning after December 31, 2007. ginning in 2008 shall only be treated as an el- day of the plan year— SEC. 214. LOOKBACK FOR CREDIT BALANCE igible plan year if the due date for the pay- ‘‘(I) clause (i) shall apply to plan years be- RULE FOR PLANS MAINTAINED BY ment of the minimum required contribution ginning after December 31, 2007, and before CHARITIES. for such plan year occurs on or after the date January 1, 2010, and (a) AMENDMENT TO ERISA.—Paragraph (3) of of the enactment of this clause. ‘‘(II) clause (i)(II) shall apply based on the section 303(f) of the Employee Retirement ‘‘(2) PRE-EFFECTIVE DATE PLAN YEAR.—The last plan year beginning before November 1, Income Security Act of 1974 is amended by term ‘pre-effective date plan year’ means, 2007, as determined under rules prescribed by adding the following at the end thereof: with respect to a plan, any plan year prior to the Secretary of the Treasury. ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS OF the first year in which the amendments ‘‘(iii) APPLICABLE PROVISION.—For purposes PLANS MAINTAINED BY CHARITIES.— made by this subtitle and subtitle B apply to of this subparagraph, the term ‘applicable ‘‘(i) IN GENERAL.—For purposes of applying the plan. provision’ means— subparagraph (C) for plan years beginning ‘‘(3) INCREASED UNFUNDED NEW LIABILITY.— ‘‘(I) paragraph (3), but only for purposes of after August 31, 2009, and before September 1, The term ‘increased unfunded new liability’ applying such paragraph to a payment 2011, the ratio determined under such sub- means, with respect to a year, the excess (if which, as determined under rules prescribed paragraph for the preceding plan year shall any) of the unfunded new liability over the by the Secretary of the Treasury, is a pay- be the greater of—

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2322 CONGRESSIONAL RECORD — SENATE April 14, 2010 ‘‘(I) such ratio, as determined without re- rate from other experience losses, to be am- employer plan for any plan year, then, in ad- gard to this subparagraph, or ortized in equal annual installments (until dition to any other applicable restrictions on ‘‘(II) the ratio for such plan for the plan fully amortized) over the period— benefit increases, a plan amendment increas- year beginning after August 31, 2007, and be- ‘‘(I) beginning with the plan year in which ing benefits may not go into effect during ei- fore September 1, 2008, as determined under such portion is first recognized in the actu- ther of the 2 plan years immediately fol- rules prescribed by the Secretary of the arial value of assets, and lowing such plan year unless— Treasury. ‘‘(II) ending with the last plan year in the ‘‘(i) the plan actuary certifies that— ‘‘(ii) SPECIAL RULE.—In the case of a plan 30-plan year period beginning with the plan ‘‘(I) any such increase is paid for out of ad- for which the valuation date is not the first year in which such net investment loss was ditional contributions not allocated to the day of the plan year— incurred. plan immediately before the application of ‘‘(I) clause (i) shall apply to plan years be- ‘‘(ii) COORDINATION WITH EXTENSIONS.—If this paragraph to the plan, and ginning after December 31, 2008, and before this subparagraph applies for any plan year— ‘‘(II) the plan’s funded percentage and pro- January 1, 2011, and ‘‘(I) no extension of the amortization pe- jected credit balances for such 2 plan years ‘‘(II) clause (i)(II) shall apply based on the riod under clause (i) shall be allowed under are reasonably expected to be at least as last plan year beginning before September 1, subsection (d), and high as such percentage and balances would 2007, as determined under rules prescribed by ‘‘(II) if an extension was granted under have been if the benefit increase had not the Secretary of the Treasury. subsection (d) for any plan year before the been adopted, or ‘‘(iii) LIMITATION TO CHARITIES.—This sub- election to have this subparagraph apply to ‘‘(ii) the amendment is required as a condi- the plan year, such extension shall not result paragraph shall not apply to any plan unless tion of qualification under part I of sub- in such amortization period exceeding 30 such plan is maintained exclusively by one chapter D of chapter 1 of the Internal Rev- years. or more organizations described in section enue Code of 1986 or to comply with other ap- ‘‘(iii) NET INVESTMENT LOSSES.—For pur- 501(c)(3) of the Internal Revenue Code of plicable law. poses of this subparagraph— 1986.’’. ‘‘(E) REPORTING.—A plan sponsor of a plan ‘‘(I) IN GENERAL.—Net investment losses (b) AMENDMENT TO INTERNAL REVENUE CODE to which this paragraph applies shall— shall be determined in the manner prescribed OF 1986.—Paragraph (3) of section 430(f) of the ‘‘(i) give notice of such application to par- by the Secretary of the Treasury on the basis Internal Revenue Code of 1986 is amended by ticipants and beneficiaries of the plan, and adding the following at the end thereof: of the difference between actual and expected returns (including any difference at- ‘‘(ii) inform the Pension Benefit Guaranty ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS OF Corporation of such application in such form PLANS MAINTAINED BY CHARITIES.— tributable to any criminally fraudulent investment arrangement). and manner as the Director of the Pension ‘‘(i) IN GENERAL.—For purposes of applying Benefit Guaranty Corporation may pre- subparagraph (C) for plan years beginning ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT ARRANGEMENTS.—The determination as to scribe.’’. after August 31, 2009, and before September 1, (2) AMENDMENT TO INTERNAL REVENUE CODE 2011, the ratio determined under such sub- whether an arrangement is a criminally fraudulent investment arrangement shall be OF 1986.—Section 431(b) is amended by adding paragraph for the preceding plan year of a at the end the following new paragraph: plan shall be the greater of— made under rules substantially similar to the rules prescribed by the Secretary of the ‘‘(8) SPECIAL RELIEF RULES.—Notwith- ‘‘(I) such ratio, as determined without re- standing any other provision of this sub- gard to this subsection, or Treasury for purposes of section 165 of the Internal Revenue Code of 1986. section— ‘‘(II) the ratio for such plan for the plan ‘‘(A) AMORTIZATION OF NET INVESTMENT year beginning after August 31, 2007 and be- ‘‘(B) EXPANDED SMOOTHING PERIOD.— ‘‘(i) IN GENERAL.—A multiemployer plan LOSSES.— fore September 1, 2008, as determined under with respect to which the solvency test ‘‘(i) IN GENERAL.—A multiemployer plan rules prescribed by the Secretary. under subparagraph (C) is met may change with respect to which the solvency test ‘‘(ii) SPECIAL RULE.—In the case of a plan its asset valuation method in a manner under subparagraph (C) is met may treat the for which the valuation date is not the first which— portion of any experience loss or gain attrib- day of the plan year— ‘‘(I) spreads the difference between ex- utable to net investment losses incurred in ‘‘(I) clause (i) shall apply to plan years be- pected and actual returns for either or both either or both of the first two plan years ginning after December 31, 2007, and before of the first 2 plan years ending after August ending after August 31, 2008, as an item sepa- January 1, 2010, and 31, 2008, over a period of not more than 10 rate from other experience losses, to be am- ‘‘(II) clause (i)(II) shall apply based on the years, ortized in equal annual installments (until last plan year beginning before September 1, ‘‘(II) provides that for either or both of the fully amortized) over the period — 2007, as determined under rules prescribed by first 2 plan years beginning after August 31, ‘‘(I) beginning with the plan year in which the Secretary. 2008, the value of plan assets at any time such portion is first recognized in the actu- ‘‘(iii) LIMITATION TO CHARITIES.—This sub- shall not be less than 80 percent or greater arial value of assets, and paragraph shall not apply to any plan unless than 130 percent of the fair market value of ‘‘(II) ending with the last plan year in the such plan is maintained exclusively by one such assets at such time, or 30-plan year period beginning with the plan or more organizations described in section ‘‘(III) makes both changes described in sub- year in which such net investment loss was 501(c)(3).’’. clauses (I) and (II) to such method. incurred. (c) EFFECTIVE DATE.— ‘‘(ii) ASSET VALUATION METHODS.—If this ‘‘(ii) COORDINATION WITH EXTENSIONS.—If (1) IN GENERAL.—Except as provided in subparagraph applies for any plan year— this subparagraph applies for any plan year— paragraph (2), the amendments made by this ‘‘(I) the Secretary of the Treasury shall ‘‘(I) no extension of the amortization pe- section shall apply to plan years beginning not treat the asset valuation method of the riod under clause (i) shall be allowed under after August 31, 2009. plan as unreasonable solely because of the subsection (d), and (2) SPECIAL RULE.—In the case of a plan for changes in such method described in clause ‘‘(II) if an extension was granted under which the valuation date is not the first day (i), and subsection (d) for any plan year before the of the plan year, the amendments made by ‘‘(II) such changes shall be deemed ap- election to have this subparagraph apply to this section shall apply to plan years begin- proved by such Secretary under section the plan year, such extension shall not result ning after December 31, 2008. 302(d)(1) and section 412(d)(1) of such Code. in such amortization period exceeding 30 PART II—MULTIEMPLOYER PLANS ‘‘(iii) AMORTIZATION OF REDUCTION IN UN- years. SEC. 221. ADJUSTMENTS TO FUNDING STANDARD FUNDED ACCRUED LIABILITY.—If this subpara- ‘‘(iii) NET INVESTMENT LOSSES.—For pur- ACCOUNT RULES. graph and subparagraph (A) both apply for poses of this subparagraph— (a) ADJUSTMENTS.— any plan year, the plan shall treat any re- ‘‘(I) IN GENERAL.—Net investment losses (1) AMENDMENT TO ERISA.—Section 304(b) of duction in unfunded accrued liability result- shall be determined in the manner prescribed the Employee Retirement Income Security ing from the application of this subpara- by the Secretary on the basis of the dif- Act of 1974 (29 U.S.C. 1084(b)) is amended by graph as a separate experience amortization ference between actual and expected returns adding at the end the following new para- base, to be amortized in equal annual install- (including any difference attributable to any graph: ments (until fully amortized) over a period criminally fraudulent investment arrange- ‘‘(8) SPECIAL RELIEF RULES.—Notwith- of 30 plan years rather than the period such ment). standing any other provision of this sub- liability would otherwise be amortized over. ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT section— ‘‘(C) SOLVENCY TEST.—The solvency test ARRANGEMENTS.—The determination as to ‘‘(A) AMORTIZATION OF NET INVESTMENT under this paragraph is met only if the plan whether an arrangement is a criminally LOSSES.— actuary certifies that the plan is projected fraudulent investment arrangement shall be ‘‘(i) IN GENERAL.—A multiemployer plan to have sufficient assets to timely pay ex- made under rules substantially similar to with respect to which the solvency test pected benefits and anticipated expenditures the rules prescribed by the Secretary for pur- under subparagraph (C) is met may treat the over the amortization period, taking into ac- poses of section 165. portion of any experience loss or gain attrib- count the changes in the funding standard ‘‘(B) EXPANDED SMOOTHING PERIOD.— utable to net investment losses incurred in account under this paragraph. ‘‘(i) IN GENERAL.—A multiemployer plan either or both of the first two plan years ‘‘(D) RESTRICTION ON BENEFIT INCREASES.— with respect to which the solvency test ending after August 31, 2008, as an item sepa- If subparagraph (A) or (B) apply to a multi- under subparagraph (C) is met may change

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2323 its asset valuation method in a manner of 1974 and section 432 of the Internal Rev- rescinded at the end of the current fiscal which— enue Code of 1986 to such plan year. year. ‘‘(I) spreads the difference between ex- (2) RESTRICTIONS ON BENEFIT INCREASES.— SEC. 234. OVER-THE-ROAD BUS SECURITY ASSIST- pected and actual returns for either or both Notwithstanding paragraph (1), the restric- ANCE (PRESIDENTIAL TERMI- of the first 2 plan years ending after August tions on plan amendments increasing bene- NATION). 31, 2008, over a period of not more than 10 fits in sections 304(b)(8)(D) of such Act and (a) IN GENERAL.—Section 1532 of the Imple- years, 431(b)(8)(D) of such Code, as added by this menting Recommendations of the 9/11 Com- ‘‘(II) provides that for either or both of the section, shall take effect on the date of en- mission Act of 2007 (6 U.S.C. 1182) is repealed. first 2 plan years beginning after August 31, actment of this Act. (b) TECHNICAL AND CONFORMING AMEND- MENTS.—The Implementing Recommenda- 2008, the value of plan assets at any time Subtitle C—Discretionary Spending shall not be less than 80 percent or greater tions of the 9/11 Commission Act of 2007 SEC. 231. PURPOSE. (Public Law 110–53; 121 Stat. 266) is amend- than 130 percent of the fair market value of The purpose of this subtitle is to offset such assets at such time, or ed— spending in this Act with discretionary (1) in the table of contents in section 1(b), ‘‘(III) makes both changes described in sub- spending. clauses (I) and (II) to such method. by striking the item relating to section 1532; SEC. 232. PAYMENTS TO DECEASED INDIVIDUALS (2) by redesignating sections 1533 through ‘‘(ii) ASSET VALUATION METHODS.—If this AND ESTATES. subparagraph applies for any plan year— 1542 as sections 1532 through 1541, respec- (a) IN GENERAL.—Notwithstanding any ‘‘(I) the Secretary shall not treat the asset tively; other provision of law, the Secretary of Agri- valuation method of the plan as unreason- (3) in section 1531(e)(1)(E), by striking ‘‘sec- culture shall not provide to any deceased in- able solely because of the changes in such tion 1534’’ and inserting ‘‘section 1533’’; and dividual or estate of such an individual any method described in clause (i), and (4) in section 1534(c)(4) (6 U.S.C. 1185(c)(4)), agricultural payment under Public Law 110- ‘‘(II) such changes shall be deemed ap- as so redesignated, by striking ‘‘and eligible 246, or any law amended by this law, after proved by the Secretary under section recipients under section 1532’’. the date that is 1 program year (as deter- (c) APPLICABILITY.—Notwithstanding the 302(d)(1) of the Employee Retirement Income mined by the Secretary with respect to the amendment made by subsection (a), any Security Act of 1974 and section 412(d)(1). applicable payment program) after the date grant made under section 1532 of the Imple- ‘‘(iii) AMORTIZATION OF REDUCTION IN UN- of death of the individual. menting Recommendations of the 9/11 Com- FUNDED ACCRUED LIABILITY.—If this subpara- (b) REPORT.—As soon as practicable after mission Act of 2007 (6 U.S.C. 1532) before the graph and subparagraph (A) both apply for the date of enactment of this Act, and annu- date of enactment of this Act shall remain in any plan year, the plan shall treat any really thereafter, the Secretary of Agriculture effect under the terms and for the duration duction in unfunded accrued liability result- shall submit to the Committee on Agri- of the grant. ing from the application of this subpara- culture of the House of Representatives and graph as a separate experience amortization SEC. 235. RESOURCE CONSERVATION AND DE- the Committee on Agriculture, Nutrition, VELOPMENT (PRESIDENTIAL TERMI- base, to be amortized in equal annual install- and Forestry of the Senate, and post on the NATION). ments (until fully amortized) over a period website of the Department of Agriculture, a Subtitle H of title XV of the Agriculture of 30 plan years rather than the period such report that describes, for the period covered and Food Act of 1981 (16 U.S.C. 3451 et seq.) liability would otherwise be amortized over. by the report— is repealed. OLVENCY TEST ‘‘(C) S .—The solvency test (1) the number and aggregate amount of SEC. 236. BROWNFIELDS REVITALIZATION FUND- under this paragraph is met only if the plan agricultural payments described in sub- ING (PRESIDENTIAL TERMINATION). actuary certifies that the plan is projected section (a) provided to deceased individuals Section 104 of the Comprehensive Environ- to have sufficient assets to timely pay ex- and estates of deceased individuals; and mental Response, Compensation, and Liabil- pected benefits and anticipated expenditures (2) for each such payment, the length of ity Act of 1980 (42 U.S.C. 9604) is amended by over the amortization period, taking into ac- time the estate of the deceased individual striking subsection (k). count the changes in the funding standard that received the payment has been open. SEC. 237. ENVIRONMENTAL INFRASTRUCTURE account under this paragraph. SEC. 233. RESCINDING 9-YEAR OLD UNUSED EAR- CONSTRUCTION PROJECTS (PRESI- ‘‘(D) RESTRICTION ON BENEFIT INCREASES.— MARKS. DENTIAL TERMINATION). If subparagraph (A) or (B) apply to a multi- (a) DEFINITION.—In this section, the term The Water Resources Development Act of employer plan for any plan year, then, in ad- ‘‘earmark’’ means the following: 2007 (Public Law 110–114) is amended by re- dition to any other applicable restrictions on (1) A congressionally directed spending pealing the following sections: benefit increases, a plan amendment increas- item, as defined in Rule XLIV of the Stand- (1) Section 5039 (121 Stat. 1206). ing benefits may not go into effect during ei- ing Rules of the Senate. (2) Section 5061 (121 Stat. 1215). ther of the 2 plan years immediately fol- (2) A congressional earmark, as defined for (3) Section 5065 (121 Stat. 1217). lowing such plan year unless— purposes of Rule XXI of the Rules of the (4) Section 5082 (121 Stat. 1226). ‘‘(i) the plan actuary certifies that— House of Representatives. (5) Section 5085 (121 Stat. 1228). ‘‘(I) any such increase is paid for out of ad- (b) RESCISSION.—Any earmark of funds pro- SEC. 238. CAPITAL GRANTS FOR RAIL LINE RELO- ditional contributions not allocated to the vided for any Federal agency with more than CATION PROJECTS (PRESIDENTIAL plan immediately before the application of 90 percent of the appropriated amount re- TERMINATION). Section 20154 of title 49, United States this paragraph to the plan, and maining available for obligation at the end Code, is repealed. ‘‘(II) the plan’s funded percentage and proof the 9th fiscal year following the fiscal jected credit balances for such 2 plan years year in which the earmark was made avail- SEC. 239. RESCISSIONS FROM THE DEPARTMENT OF COMMERCE (HOUSE PASSED). are reasonably expected to be at least as able is rescinded effective at the end of that There are rescinded $111,500,000 from the high as such percentage and balances would 9th fiscal year, except that the agency head Department of Commerce under the heading have been if the benefit increase had not may delay any such rescission if the agency ‘‘NATIONAL TELECOMMUNICATIONS AND INFOR- been adopted, or head determines that an additional obliga- MATION ADMINISTRATION’’, under the sub- ‘‘(ii) the amendment is required as a condi- tion of the earmark is likely to occur during heading ‘‘DIGITAL-TO-ANALOG CONVERTER BOX tion of qualification under part I of sub- the following 12-month period. PROGRAM’’ to be derived from unobligated chapter D or to comply with other applicable (c) IDENTIFICATION AND REPORT.— balances made available under this heading law. (1) AGENCY IDENTIFICATION.—Each Federal in title II of division A of the American Re- ‘‘(E) REPORTING.—A plan sponsor of a plan agency shall identify and report every covery and Reinvestment Act of 2009 (Public to which this paragraph applies shall— project that is an earmark with an unobli- Law 111–5; 123 Stat. 128). ‘‘(i) give notice of such application to par- gated balance at the end of each fiscal year ticipants and beneficiaries of the plan, and to the Director of OMB. SEC. 240. RESCISSIONS FROM THE DEPARTMENT ‘‘(ii) inform the Pension Benefit Guaranty OF TRANSPORTATION (HOUSE (2) ANNUAL REPORT.—The Director of OMB PASSED). Corporation of such application in such form shall submit to Congress and publically post and manner as the Director of the Pension There are rescinded $44,000,000 from the De- on the website of OMB an annual report that partment of Transportation under the head- Benefit Guaranty Corporation may pre- includes— scribe.’’. ing ‘‘NATIONAL HIGHWAY TRAFFIC SAFETY AD- (A) a listing and accounting for earmarks MINISTRATION’’, under the subheading ‘‘CON- (b) EFFECTIVE DATES.— with unobligated balances summarized by SUMER ASSISTANCE TO RECYLE AND SAVE PRO- (1) IN GENERAL.—The amendments made by agency including the amount of the original GRAM’’ to be derived from unobligated bal- this section shall take effect as of the first earmark, amount of the unobligated balance, ances made available in title XIII of Public day of the first plan year ending after Au- and the year when the funding expires, if ap- Law 111–32 and in Public Law 111–47. gust 31, 2008, except that any election a plan plicable; SEC. 241. RESCISSIONS FROM THE FOOD AND NU- makes pursuant to this section that affects (B) the number of rescissions resulting TRITION SERVICE OF THE DEPART- the plan’s funding standard account for the from this section and the annual savings re- MENT OF AGRICULTURE (HOUSE first plan year beginning after August 31, sulting from this section for the previous fis- PASSED). 2008, shall be disregarded for purposes of ap- cal year; and There are rescinded $361,825,000 from the plying the provisions of section 305 of the (C) a listing and accounting for earmarks Department of Agriculture under the head- Employee Retirement Income Security Act provided for Federal agencies scheduled to be ing ‘‘FOOD AND NUTRITION SERVICE’’, under

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2324 CONGRESSIONAL RECORD — SENATE April 14, 2010 the subheading ‘‘SPECIAL SUPPLEMENTAL NU- SEC. 245. REPORT ON FUNDING FOR EXCESSIVE S. 1571 and H.R. 1043, to provide for a TRITION PROGRAM FOR WOMEN, INFANTS, AND ADMINISTRATION, WASTEFUL land exchange involving certain Na- PROJECTS, OR DUPLICATIVE CHILDREN (WIC)’’ to be derived from unobli- tional Forest System land in the gated balances available from amounts PROJECTS AT THE DEPARTMENT OF LABOR AND OTHER FEDERAL AGEN- Mendocino National Forest in the placed in reserve in title I of division A of CIES. State of California, and for other pur- the American Recovery and Reinvestment (a) PURPOSE.—The purpose of this section Act of 2009 (Public Law 111–5; 123 Stat. 115). poses; is to identify accounts from which funds S. 2762, to designate certain lands in SEC. 242. RESCISSION FROM THE RURAL DEVEL- could be rescinded, to assist in offset the San Miguel, Ouray, and San Juan OPMENT PROGRAM OF THE DEPART- costs of labor spending programs such as un- MENT OF AGRICULTURE (HOUSE employment insurance programs with a spe- Counties, Colorado, as wilderness, and PASSED). cific focus on the Department of Labor. for other purposes; There are rescinded $102,675,000 from the (b) STUDY.—The Secretary of Labor and S. 3075, to withdraw certain Federal Department of Agriculture under the head- the head of every other Federal agency shall land and interests in that land from lo- ing ‘‘RURAL DEVELOPMENT PROGRAMS’’ to be conduct a study in which the head of the cation, entry, and patent under the derived from the unobligated balances of agency identifies— mining laws and disposition under the funds that were provided for such accounts (1) each account of the agency that the mineral and geothermal leasing laws; in prior appropriation Acts (other than Pub- head estimates will have unobligated funds S. 3185, to require the Secretary of lic Law 111–5) and that were designated by at the end of the program year ending after the Interior to convey certain Federal the Congress in such Acts as an emergency the date of enactment of this Act, and the land to Elko County, Nevada, and to requirement pursuant to a concurrent reso- amount of the unobligated funds estimated take land into trust for the Te-moak lution on the budget or the Balanced Budget for each such account; and and Emergency Deficit Control Act of 1985. (2) each account of the agency that the Tribe of Western Shoshone Indians of head determines is overfunded (due to fund- Nevada, and for other purposes; and SEC. 243. DISPOSAL OF $4 BILLION WORTH OF EX- H.R. 86, to eliminate an unused light- CESS, SURPLUS, UNDERPER- ing for excessive administration, wasteful FORMING, AND UNNEEDED FEDERAL projects, or duplicative projects), and the house reservation, provide manage- PROPERTY. amount of the overfunding for each such ac- ment consistency by incorporating the (a) IN GENERAL.—The Director of the Office count. rocks and small islands along the coast of Management and Budget, in consultation (c) REPORT.—Not later than 30 days after of Orange County, California, into the with the heads of executive agencies, before the date of enactment of this Act, the head California Coastal National Monument FY 2011, shall dispose of up to $4,000,000,000 in of each Federal agency shall submit to Con- managed by the Bureau of Land Man- gress a report containing the results of the real property that is— agement, and meet the original Con- (1) a parcel of real property under the ad- study, and make the report publicly available on the Web site of the agency. gressional intent of preserving Orange ministrative jurisdiction of the Federal Gov- County’s rocks and small islands, and ernment that is— f for other purposes. (A) excess; NOTICES OF HEARINGS Because of the limited time available (B) surplus; COMMITTEE ON ENERGY AND NATURAL (C) underperforming; or for the hearing, witnesses may testify RESOURCES (D) otherwise not meeting the needs of the by invitation only. However, those Federal Government, as determined by the Mr. BINGAMAN. Mr. President, I wishing to submit written testimony Director; and would like to announce for the infor- for the hearing record should send it to (2) a building or other structure located on mation of the Senate and the public the Committee on Energy and Natural real property described under paragraph (1). that a hearing has been scheduled be- Resources, United States Senate, (b) EXCLUSION.—The disposal of real prop- fore the Senate Committee on Energy Washington, DC 20510–6150, or by e-mail erty under this section excludes any parcel and Natural Resources. The hearing to [email protected] of real property or building or other struc- will be held on Tuesday, April 27, 2010, .gov. ture located on such real property that is to at 10 a.m., in room SD–366 of the Dirk- For further information, please con- be closed or realigned under the Defense sen Senate Office Building. tact David Brooks or Allison Seyferth. Base Closure and Realignment Act of 1990 The purpose of the hearing is to con- (part A of title XXIX of Public Law 101-510; f 10 U.S.C. 2687 note). sider the nominations of Philip D. AUTHORITY FOR COMMITTEES TO Moeller and Cheryl A. LaFleur, to be (c) REPORTS.—The Director shall provide MEET Members of the Federal Energy Regu- an itemized report to Congress of the real COMMITTEE ON ARMED SERVICES property disposed of, including the savings latory Commission. Because of the limited time available Mr. WARNER. Mr. President, I ask and revenues resulting from such disposals unanimous consent that the Com- and the reasons each property was chosen for the hearing, witnesses may testify and how it was disposed. by invitation only. However, those mittee on Armed Services be authorized to meet during the session of the SEC. 244. ELIMINATION OF EXCESSIVE ADMINIS- wishing to submit written testimony TRATION AND WASTEFUL SPENDING, for the hearing record may do so by Senate on April 14, 2010, at 10:30 a.m. The PRESIDING OFFICER. Without AND CONSOLIDATION OF DUPLICA- sending it to the Committee on Energy TIVE PROGRAMS, AT THE DEPART- objection, it is so ordered. and Natural Resources, United States MENT OF LABOR AND OTHER FED- COMMITTEE ON COMMERCE, SCIENCE, AND ERAL AGENCIES. Senate, Washington, D.C. 20510–6150, or TRANSPORTATION (a) IN GENERAL.—Notwithstanding any by e-mail to Amandalkelly@energy Mr. WARNER. Mr. President, I ask other provision of Federal law, the Secretary .senate.gov. unanimous consent that the Com- of Labor and the heads of other Federal For further information, please con- mittee on Commerce, Science, and agencies shall consolidate all job training tact Sam Fowler or Amanda Kelly. Transportation be authorized to meet and employment programs carried out COMMITTEE ON ENERGY AND NATURAL during the session of the Senate on through the Department of Labor or any of RESOURCES those Federal agencies. In carrying out the April 14, 2010, at 2:30 p.m., in room 253 Mr. BINGAMAN. Mr. President, I of the Russell Senate Office Building. consolidated programs, the Secretary of would like to announce for the infor- Labor shall reduce the cost of administering The PRESIDING OFFICER. Without such programs. mation of the Senate and the public objection, it is so ordered. (b) DEFINITIONS.—In this section: that a hearing has been scheduled be- COMMITTEE ON ENVIRONMENT AND PUBLIC (1) FEDERAL AGENCY.—The term ‘‘Federal fore the Subcommittee on Public WORKS agency’’ includes the Department of Vet- Lands and Forests. The hearing will be Mr. WARNER. Mr. President, I ask erans Affairs, the Department of Education, held on Wednesday, April 28, 2010, at unanimous consent that the Com- the Department of Health and Human Serv- 2:30 p.m., in room SD–366 of the Dirk- mittee on Environment and Public ices, the Department of Housing and Urban sen Senate Office Building. Works be authorized to meet during Development, the Department of Commerce, The purpose of the hearing is to re- the session of the Senate on April 14, the Department of Homeland Security, and ceive testimony on the following bills: 2010, at 10 a.m. in room 406 of the Dirk- the Department of the Interior. S. 1241, to amend Public Law 106–206 sen Office Building. (2) JOB TRAINING AND EMPLOYMENT PRO- to direct the Secretary of the Interior The PRESIDING OFFICER. Without GRAM.—The term ‘‘job training and employment program’’ includes the programs car- and the Secretary of Agriculture to re- objection, it is so ordered. ried out under subtitle B of title I, section quire annual permits and assess annual COMMITTEE ON FINANCE 167, and section 173A, of the Workforce In- fees for commercial filming activities Mr. WARNER. Mr. President, I ask vestment Act of 1998 (42 U.S.C. 2811 et seq., on Federal land for film crews of 5 per- unanimous consent that the Com- 2912, and 2918a). sons or fewer; mittee on Finance be authorized to

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2325 meet during the session of the Senate Randy Aussenberg, Claire Green, and emergency situations resulting from the on April 14, 2010, at 10 a.m., in room 215 Dustin Stevens. birth defect and dramatically improve sur- of the Dirksen Senate Office Building, The PRESIDING OFFICER. Without vival rates among people with the birth de- to conduct a hearing entitled ‘‘Using objection, it is so ordered. fect; Unemployment Insurance to Help Whereas neonatal medical care is one of f the most expensive types of medical care Americans Get Back to Work: Creating NATIONAL CONGENITAL DIA- provided in the United States and patients Opportunities and Overcoming Chal- with the congenital diaphragmatic hernia lenges.’’ PHRAGMATIC HERNIA AWARE- birth defect stay in intensive care for ap- The PRESIDING OFFICER. Without NESS DAY proximately 60 to 90 days, costing millions of objection, it is so ordered. Mr. CASEY. I ask unanimous consent dollars, utilizing blood from local blood COMMITTEE ON THE JUDICIARY that the Judiciary Committee be dis- banks, and requiring the most technically Mr. WARNER. Mr. President, I ask charged from further consideration, advanced medical care; unanimous consent that the Com- and the Senate now proceed to S. Res. Whereas the congenital diaphragmatic her- mittee on the Judiciary be authorized 204. nia birth defect is a birth defect that causes damage to the lungs and the cardiovascular to meet during the session of the Sen- The PRESIDING OFFICER. Without system; ate, on April 14, 2010, at 9:30 a.m., in objection, it is so ordered. The clerk Whereas patients with the congenital dia- room SD–226 of the Dirksen Senate Of- will report the resolution by title. phragmatic hernia birth defect may have fice Building, to conduct a hearing en- The assistant legislative clerk read long-term health issues such as respiratory titled ‘‘Oversight of the Department of as follows: insufficiency, gastroesophageal reflux, poor Justice.’’ A resolution (S. Res. 204) designating growth, neurodevelopmental delay, behavior The PRESIDING OFFICER. Without March 31, 2010, as ‘‘National Congenital Dia- problems, hearing loss, hernia recurrence, objection, it is so ordered. phragmatic Hernia Awareness Day.’’ and orthopedic deformities; Whereas the severity of the symptoms and EUROPEAN AFFAIRS SUBCOMMITTEE There being no objection, the Senate outcomes of the congenital diaphragmatic Mr. WARNER. Mr. President, I ask proceeded to consider the resolution. hernia birth defect and the limited public unanimous consent that the Com- Mr. CASEY. I ask unanimous consent awareness of the birth defect cause many pa- mittee on Foreign Relations be author- that the resolution be agreed to, the tients to receive substandard care, to forego ized to meet during the session of the preamble be agreed to, and the motions regular visits to physicians, and not to re- Senate on April 14, 2010, at 2:40 p.m., to to reconsider be laid upon the table. ceive good health or therapeutic manage- hold a European Affairs subcommittee The PRESIDING OFFICER. Without ment that would help avoid serious com- hearing entitled ‘‘Unfinished Business objection, it is so ordered. plications in the future, compromising the in Southeast Europe.’’ The resolution (S. Res. 204) was quality of life of those patients; The PRESIDING OFFICER. Without agreed to. Whereas people suffering from chronic, objection, it is so ordered. The preamble was agreed to. life-threatening diseases and birth defects, similar to the congenital diaphragmatic her- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT The resolution, with its preamble, nia birth defect, and family members of MANAGEMENT, THE FEDERAL WORKFORCE, reads as follows: those people are predisposed to depression AND THE DISTRICT OF COLUMBIA S. RES. 204 and the resulting consequences of depression Mr. WARNER. Mr. President, I ask Whereas the congenital diaphragmatic her- because of anxiety over the possible pain, unanimous consent that the Com- nia birth defect is one of the most prevalent, suffering, and premature death that people mittee on Homeland Security and Gov- life-threatening birth defects in the United with such diseases and birth defects may ernmental Affairs’ Subcommittee on States; face; Oversight of Government Management, Whereas the congenital diaphragmatic her- Whereas the Senate and taxpayers of the the Federal Workforce, and the Dis- nia birth defect is a severe, often deadly United States want treatments and cures for trict of Columbia be authorized to birth defect that has a devastating impact, disease and hope to see results from invest- in both human and economic terms, affect- ments in research conducted by the National meet during the session of the Senate ing equally people of all races, sexes, nation- Institutes of Health and from initiatives on April 14, 2010, at 2:30 p.m. to conduct alities, geographic locations, and income lev- such as the National Institutes of Health a hearing entitled ‘‘Deployed Federal els; Roadmap to the Future; Civilians: Advancing Security and Op- Whereas the congenital diaphragmatic her- Whereas the congenital diaphragmatic her- portunity in Afghanistan.’’ nia birth defect occurs in 1 in every 2,000 live nia birth defect is an example of how col- The PRESIDING OFFICER. Without births in the United States and accounts for laboration, technological innovation, sci- objection, it is so ordered. 8 percent of all major congenital anomalies; entific momentum, and public-private part- Whereas, in 2004, there were approximately nerships can generate therapeutic interven- SUBCOMMITTEE ON READINESS AND 4,115,590 live births in the United States, and MANAGEMENT SUPPORT tions that directly benefit the people and in approximately 1,800 of those live births, families suffering from the congenital dia- Mr. WARNER. Mr. President, I ask the congenital diaphragmatic hernia birth phragmatic hernia birth defect; unanimous consent that the Sub- defect occurred, causing countless additional Whereas collaboration, technological inno- committee on Readiness and Manage- friends, loved ones, spouses, and caregivers vation, scientific momentum, and public-pri- ment support of the Committee on to shoulder the physical, emotional, and fi- vate partnerships can save billions of Fed- nancial burdens the congenital diaphrag- Armed Services be authorized to meet eral dollars under Medicare, Medicaid, and matic hernia birth defect causes; during the session of the Senate on other programs for therapies, and early Whereas there is no genetic indicator or intervention will increase survival rates April 14, 2010, at 2:30 p.m. any other indicator available to predict the among people suffering from the congenital The PRESIDING OFFICER. Without occurrence of the congenital diaphragmatic diaphragmatic hernia birth defect; objection, it is so ordered. hernia birth defect, other than through the Whereas improvements in diagnostic tech- SUBCOMMITTEE ON STRATEGIC FORCES performance of an ultrasound during preg- nancy; nology, the expansion of scientific knowl- Mr. WARNER. Mr. President, I ask edge, and better management of care for pa- unanimous consent that the Sub- Whereas there is no consistent treatment or cure for the congenital diaphragmatic tients with the congenital diaphragmatic committee on Strategic Forces of the hernia birth defect; hernia birth defect already have increased Committee on Armed Services be au- Whereas the congenital diaphragmatic her- survival rates in some cases; thorized to meet during the session of nia birth defect is a leading cause of neo- Whereas there is still a need for more re- the Senate on april 14, 2010, at 2:30 p.m. natal death in the United States; search and increased awareness of the con- The PRESIDING OFFICER. Without Whereas 50 percent of the patients who do genital diaphragmatic hernia birth defect objection, it is so ordered. survive the congenital diaphragmatic hernia and for an increase in funding for that re- birth defect have residual health issues, research in order to provide a better quality of f sulting in a severe strain on pediatric med- life to survivors of the congenital diaphrag- PRIVILEGES OF THE FLOOR ical resources and on the delivery of health matic hernia birth defect, and more opti- care services in the United States; mism for the families and health care profes- Mr. BAUCUS. Mr. President, I ask Whereas proactive diagnosis and the appro- sionals who work with children with the unanimous consent that the following priate management and care of fetuses af- birth defect; staff be allowed floor privileges during flicted with the congenital diaphragmatic Whereas there are thousands of volunteers the consideration of the pending bill: hernia birth defect minimize the incidence of nationwide dedicated to expanding research,

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2326 CONGRESSIONAL RECORD — SENATE April 14, 2010 fostering public awareness and under- the length and width of the Blackstone River Mr. CASEY. Mr. President, I ask standing, educating patients and their fami- Watershed, from the many tributaries in unanimous consent that the resolution lies about the congenital diaphragmatic her- southern Massachusetts, to the end of the be agreed to, the preamble be agreed nia birth defect to improve their treatment river at the headwaters of the Narragansett to, the motions to reconsider be laid and care, providing appropriate moral sup- Bay in Rhode Island; port, and encouraging people to become Whereas the Blackstone Valley Tourism upon the table, with no intervening ac- organ donors; and Council represents the Rhode Island cities of tion or debate, and any statements re- Whereas volunteers engage in an annual Pawtucket, Central Falls, and Woonsocket, lated to the resolution be printed in national awareness event held on March 31, and towns of Cumberland, Lincoln, North the RECORD. making that day an appropriate time to rec- Smithfield, Smithfield, Glocester, and The PRESIDING OFFICER. Without ognize National Congenital Diaphragmatic Burrillville; objection, it is so ordered. Hernia Awareness Day: Now, therefore, be it Whereas the Blackstone Valley is the The resolution (S. Res. 482) was Resolved, That the Senate— birthplace of the American Industrial Revo- agreed to. (1) designates March 31, 2010, as ‘‘National lution that began in 1790 in Pawtucket, Congenital Diaphragmatic Hernia Awareness Rhode Island, when Samuel Slater began tex- The preamble was agreed to. Day’’; tile manufacturing in a wooden mill on the The resolution, with its preamble, (2) supports the goals and ideals of a na- banks of the Blackstone River; reads as follows: tional day to raise public awareness and un- Whereas, since its beginning, the Black- S. RES. 482 derstanding of the congenital diaphragmatic stone Valley Tourism Council has worked to Whereas 9–1–1 is nationally recognized as hernia birth defect; develop, promote, and expand the economic the number to call in an emergency to re- (3) recognizes the need for additional re- and community development base for the ceive immediate help from police, fire, emer- search into a cure for the congenital dia- cities and towns in the Blackstone Valley to gency medical services, or other appropriate phragmatic hernia birth defect; and create a viable visitor and cultural destina- emergency response entities; (4) encourages the people of the United tion that preserves the historic heritage of Whereas in 1967, the President’s Commis- States and interested groups to support Na- the region; sion on Law Enforcement and Administra- tional Congenital Diaphragmatic Hernia Whereas the Blackstone Valley Tourism tion of Justice recommended that a ‘‘single Awareness Day through appropriate cere- Council works as an interpreter and educator number should be established’’ nationwide monies and activities, to promote public of the history and ecology of the Blackstone for reporting emergency situations, and awareness of the congenital diaphragmatic River, initiates ongoing international rela- other Federal Government agencies and var- hernia birth defect, and to foster under- tionships of major importance to the region, ious governmental officials also supported standing of the impact of the disease on pa- provides input on future riverfront and eco- and encouraged the recommendation; tients and their families. nomic development, and develops various Whereas in 1968, the American Telephone f recreational activities; and Telegraph Company (AT&T) announced Whereas the work that the Blackstone Val- HONORING BLACKSTONE VALLEY that it would establish the digits 9–1–1 as the ley Tourism Council accomplishes benefits emergency code throughout the United TOURISM COUNCIL from its partnerships with local social and States; Mr. CASEY. I ask unanimous consent community development organizations, mu- Whereas 9–1–1 was designated by Congress that the Judiciary Committee be dis- nicipalities, regional and State economic de- as the national emergency call number under charged from further consideration of velopment organizations, educational insti- the Wireless Communications and Public tutions, and National and international enti- S. Res. 468, and the Senate proceed to Safety Act of 1999 (Public Law 106–81; 113 ties; Stat. 1286); its immediate consideration. Whereas the Blackstone Valley Tourism The PRESIDING OFFICER. Without Whereas section 102 of the ENHANCE 911 Council was the first recipient of the Ulysses Act of 2004 (47 U.S.C. 942 note) declared an objection, it is so ordered. The clerk Prize from the United Nations World Tour- enhanced 9–1–1 system to be ‘‘a high national will report the resolution by title. ism Organization (UNWTO) that merits dis- priority’’ and part of ‘‘our Nation’s home- The assistant legislative clerk read tinction for innovative contributions to land security and public safety’’; as follows: tourism policy, sustainable tourism plan- Whereas it is important that policy mak- A resolution (S. Res. 468) honoring the ning, environmental protection and new ers at all levels of government understand Blackstone Valley Tourism Council on the technologies, and in 2006, the Council re- the importance of 9–1–1, how the system celebration of its 25th anniversary. ceived the UNWTO.Sbest Certification in works today, and the steps that are needed There being no objection, the Senate tourism governance, the only organization in to modernize the 9–1–1 system; the United States to earn this certification; proceeded to consider the resolution. Whereas the 9–1–1 system is the connection and between the eyes and ears of the public and Mr. CASEY. I ask unanimous consent Whereas, in 2008, the World Travel and the resolution be agreed to, the pre- the emergency response system in the Tourism Council (WTTC) recognized the United States and is often the first place amble be agreed to, the motions to re- Blackstone Valley Tourism Council with its emergencies of all magnitudes are reported, consider be laid upon the table, with no Tourism for Tomorrow Destination Award, a making 9–1–1 a significant homeland security intervening action or debate, and any prestigious sustainable tourism development asset; statements related to the resolution be award, in recognition of the integrated, com- Whereas more than 6,000 9–1–1 public safety printed in the RECORD. munity-centered, resilient approach of the answering points serve more than 3,000 coun- The PRESIDING OFFICER. Without Council to tourism development and commu- ties and parishes throughout the United objection, it is so ordered. nity building: Now, therefore, be it States; Resolved, That the Senate— Whereas dispatchers at public safety an- The resolution (S. Res. 468) was (1) honors the Blackstone Valley Tourism agreed to. swering points answer more than 200,000,000 Council on the celebration of its 25th anni- 9–1–1 calls each year in the United States; The preamble was agreed to. versary; and The resolution, with its preamble, Whereas a growing number of 9–1–1 calls (2) wishes the Council continued success. are made using wireless and Internet Pro- reads as follows: f tocol-based communications services; S. RES. 468 Whereas a growing segment of the popu- Whereas, on April 8, 2010, the Blackstone NATIONAL 9–1–1 EDUCATION lation, including the deaf, hard of hearing, Valley Tourism Council will celebrate the MONTH deaf-blind, and individuals with speech dis- 25th anniversary of its founding; Mr. CASEY. Mr. President, I ask abilities are increasingly communicating Whereas, since 1985, the Blackstone Valley unanimous consent that the Senate with nontraditional text, video, and instant Tourism Council has been at the forefront of proceed to the immediate consider- messaging communications services and ex- sustainable destination development, com- pect those services to be able to connect di- munity building, resiliency, education, and ation of S. Res. 482 submitted earlier rectly to 9–1–1; scholarly research; today. Whereas the growth and variety of means Whereas the Blackstone Valley Tourism The PRESIDING OFFICER. The of communication, including mobile and Council is a non-profit corporation reg- clerk will report the resolution by Internet Protocol-based systems, impose istered as a 501(c)(3) educational organiza- title. challenges for accessing 9–1–1 and imple- tion and is authorized under Section 42–63.1– The assistant legislative clerk read menting an enhanced 9–1–1 system and re- 5 of the Rhode Island General Laws as the as follows: quire increased education and awareness State-designated regional tourism develop- about the capabilities of different means of A resolution (S. Res. 482) designating April ment agency for the Blackstone Valley of communication; 2010 as ‘‘National 9–1–1 Education Month.’’ Rhode Island; Whereas numerous other N–1–1 and 800 Whereas the development region of the There being no objection, the Senate number services exist for nonemergency sit- Blackstone Valley Tourism Council follows proceeded to consider the resolution. uations, including 2–1–1, 3–1–1, 5–1–1, 7–1–1, 8–

VerDate Mar 15 2010 03:39 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S14AP0.REC S14AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 14, 2010 CONGRESSIONAL RECORD — SENATE S2327 1–1, poison control centers, and mental TRICT OF ILLINOIS FOR THE TERM OF FOUR YEARS, VICE period of morning business for 1 hour, KIM RICHARD WIDUP. health hotlines, and the public needs to be with Senators permitted to speak KEVIN CHARLES HARRISON, OF LOUISIANA, TO BE educated on when to use those services in ad- therein for up to 10 minutes each, with UNITED STATES MARSHAL FOR THE MIDDLE DISTRICT dition to or instead of 9–1–1; OF LOUISIANA FOR THE TERM OF FOUR YEARS, VICE the majority controlling the first 30 WILLIAM CAREY JENKINS, RETIRED. Whereas international visitors and immigrants make up an increasing percentage of minutes and the Republicans control- FOREIGN SERVICE the United States population each year, and ling the final 30 minutes; that fol- THE FOLLOWING—NAMED PERSONS OF THE AGENCIES lowing morning business, the Senate INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- visitors and immigrants may have limited FICERS OF THE CLASSES STATED. knowledge of our emergency calling system; resume consideration of H.R. 4851, the FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF Whereas people of all ages use 9–1–1 and it Continuing Extension Act. CLASS TWO, CONSULAR OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF is critical to educate those people on the The PRESIDING OFFICER. Without AMERICA. proper use of 9–1–1; objection, it is so ordered. DEPARTMENT OF STATE Whereas senior citizens are at high risk for needing to access to 9–1–1 and many senior f JUDITH HINSHAW SEMILOTA, OF ILLINOIS citizens are learning to use new technology; FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF PROGRAM CLASS THREE, CONSULAR OFFICER AND SECRETARY IN Whereas thousands of 9–1–1 calls are made THE DIPLOMATIC SERVICE OF THE UNITED STATES OF every year by children properly trained in Mr. CASEY. Mr. President, rollcall AMERICA. the use of 9–1–1, which saves lives and under- votes are expected to occur throughout DEPARTMENT OF AGRICULTURE scores the critical importance of training the day in an effort to complete action ELIZABETH A. AUTRY, OF VIRGINIA children early in life about 9–1–1; on the bill. As a reminder, cloture mo- MICHAEL G. FRANCOM, OF MARYLAND CARLOS A. GONZALEZ, OF VIRGINIA Whereas the 9–1–1 system is often misused, tions were filed on the substitute and including by the placement of prank and ROBIN H. GRAY, OF VIRGINIA the bill. The filing deadline for first-de- M. MELINDA MEADOR, OF VIRGINIA nonemergency calls; COREY W. J. PICKELSIMER, OF VIRGINIA Whereas misuse of the 9–1–1 system results gree amendments is 1 p.m. If we are un- VALERIE RALPH, OF VIRGINIA able to complete the bill tomorrow, we JORGE SANCHEZ, OF THE DISTRICT OF COLUMBIA in costly and inefficient use of 9–1–1 and REY S. SANTELLA, OF VIRGINIA emergency response resources and needs to will have a cloture vote on the sub- GERALD H. SMITH, OF MARYLAND be reduced; stitute amendment Friday morning. KELLY A. STANGE, OF THE DISTRICT OF COLUMBIA Whereas parents, teachers, and all other A. ELISABETH WAGNER, OF GEORGIA f FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF caregivers need to play an active role in 9–1– CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN 1 education for children, but will do so only ADJOURNMENT UNTIL 9:30 A.M. THE DIPLOMATIC SERVICE OF THE UNITED STATES OF after being first educated themselves; TOMORROW AMERICA. Whereas there are many avenues for 9–1–1 DEPARTMENT OF STATE public education, including safety fairs, Mr. CASEY. Mr. President, if there is EMILIA R. ADAMS, OF TENNESSEE school presentations, libraries, churches, no further business to come before the EMILY CALDWELL ANDERSON, OF NORTH CAROLINA businesses, public safety answering point STEVEN W. ANDERSON, OF NORTH CAROLINA Senate, I ask unanimous consent that DAVID E. ARNOLD, OF FLORIDA tours or open houses, civic organizations, it adjourn under the previous order. QUENTIN R. BARBER, OF INDIANA and senior citizen centers; There being no objection, the Senate, OLGA ELENA BASHBUSH, OF VIRGINIA Whereas children, parents, teachers, and ALISON WILLIAMS BAUERLEIN, OF THE DISTRICT OF at 8 p.m., adjourned until Thursday, COLUMBIA the National Parent Teacher Association STEWART WILLIAM BEITZ, OF SOUTH CAROLINA contribute importantly to the education of April 15, 2010, at 9:30 a.m. MONICA SUE BLAND, OF NEBRASKA children about the importance of 9–1–1 ASHLEY LORRAINE BRADY, OF TEXAS f KYLA LAUREN BROOKE, OF CALIFORNIA through targeted outreach efforts to public MATTHEW K. BUNT, OF WASHINGTON and private school systems; NOMINATIONS TODD V. CHRISTIANSEN, OF FLORIDA Whereas we as a Nation should strive to Executive nominations received by MARISA NICOLE COHRS, OF WASHINGTON host at least 1 educational event regarding KELLY ANN COHUN, OF VERMONT the Senate: ELLEN ANNE COLLERAN, OF MASSACHUSETTS the proper use of 9–1–1 in every school in the BARBARA HERMINIA CORDERO, OF FLORIDA country every year; THE JUDICIARY CYNDEE J. CROOK, OF WASHINGTON LYN DEBEVOISE, OF CALIFORNIA Whereas programs to promote proper use EDWARD CARROLL DUMONT, OF THE DISTRICT OF CO- ROBERT F. DOYLE III, OF THE DISTRICT OF COLUMBIA of 9–1–1 during National 9–1–1 Education LUMBIA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE JEFFRY W. DUFFY, OF PENNSYLVANIA Month could include— FEDERAL CIRCUIT, VICE PAUL R. MICHEL, RETIRING. GOTTLIEB JOHANNES DUWAN, OF VIRGINIA JOHN A. GIBNEY, JR., OF VIRGINIA, TO BE UNITED HEATHER JUNE FARRAR, OF MARYLAND (1) public awareness events, including con- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT KANISHKA GANGOPADHYAY, OF MARYLAND ferences and media outreach, training activi- OF VIRGINIA, VICE ROBERT E. PAYNE, RETIRED. MATTHEW J. GARRETT, OF KANSAS ties for parents, teachers, school administra- DEPARTMENT OF JUSTICE JEFFREY D. GRINGER, OF WASHINGTON MATTHEW M. HABINOWSKI III, OF NEW HAMPSHIRE tors, other caregivers and businesses; DONALD J. CAZAYOUX, JR., OF LOUISIANA, TO BE PAMELA JANE HACK, OF NEW HAMPSHIRE (2) educational events in schools and other UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT ANDREW HALUS, OF PENNSYLVANIA appropriate venues; and OF LOUISIANA FOR THE TERM OF FOUR YEARS, VICE SEAN R. HANTAK, OF ILLINOIS DAVID R. DUGAS. ANN MCCAMISH HARDMAN, OF KENTUCKY (3) production and distribution of informa- PAMELA COTHRAN MARSH, OF FLORIDA, TO BE UNITED BRYAN RH. HARRISON, OF ILLINOIS tion about the 9–1–1 system designed to edu- STATES ATTORNEY FOR THE NORTHERN DISTRICT OF IAN HAYWARD, OF THE DISTRICT OF COLUMBIA cate people of all ages on the importance and FLORIDA FOR THE TERM OF FOUR YEARS, VICE GREG- HENRY ALEXANDER HENEGAR III, OF GEORGIA ORY ROBERT MILLER. CHELSIA CHUNSA HETRICK, OF NEW MEXICO proper use of 9–1–1; and ZANE DAVID MEMEGER, OF PENNSYLVANIA, TO BE MARILYN J. HOLLERAN, OF FLORIDA Whereas the people of the United States UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT BRANDON ALLEN HUDSPETH, OF TEXAS deserve the best education regarding the use OF PENNSYLVANIA FOR THE TERM OF FOUR YEARS, LILIANE VERLAGE HUDSPETH, OF TEXAS VICE PATRICK LEO MEEHAN. BRANDI N. JAMES, OF GEORGIA of 9–1–1: Now, therefore, be it PETER J. SMITH, OF PENNSYLVANIA, TO BE UNITED GREGORY B. KELLER, OF ARIZONA Resolved, That the Senate— STATES ATTORNEY FOR THE MIDDLE DISTRICT OF ABDUL-RAHMAN KENYATTA, OF FLORIDA (1) designates April 2010 as ‘‘National 9–1–1 PENNSYLVANIA FOR THE TERM OF FOUR YEARS, VICE MICHELE ANN KIMPEL GUZMAN, OF CALIFORNIA THOMAS A. MARINO, RESIGNED. DAMON PATRICK KITTERMAN, OF VIRGINIA Education Month’’; and EDWARD L. STANTON, III, OF TENNESSEE, TO BE SCOTT ERIC KOFMEHL, OF PENNSYLVANIA (2) urges Government officials, parents, UNITED STATES ATTORNEY FOR THE WESTERN DIS- JUSTIN LEE KOLBECK, OF CALIFORNIA teachers, school administrators, caregivers, TRICT OF TENNESSEE FOR THE TERM OF FOUR YEARS, ADAM JESSE LENERT, OF TEXAS VICE DAVID F. KUSTOFF, RESIGNED. AARON I. MARTZ, OF TEXAS businesses, nonprofit organizations, and the JOHN F. WALSH, OF COLORADO, TO BE UNITED STATES WOSSENYELESH MAZENGIA, OF THE DISTRICT OF CO- people of the United States to observe the ATTORNEY FOR THE DISTRICT OF COLORADO FOR THE LUMBIA month with appropriate ceremonies, training TERM OF FOUR YEARS, VICE TROY A. EID, RESIGNED. CAMERON DAVID MCGLOTHLIN, OF NORTH CAROLINA STEPHEN R. WIGGINTON, OF ILLINOIS, TO BE UNITED LUIS F. MENDEZ, OF NEW JERSEY events, and activities. STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF IL- JOHANNA R. MEREJO, OF NEW JERSEY f LINOIS FOR THE TERM OF FOUR YEARS, VICE RONALD J. LORI J. MICHAELSON, OF THE DISTRICT OF COLUMBIA TENPAS, RESIGNED. ROYA MILLER, OF PENNSYLVANIA ORDERS FOR THURSDAY, APRIL HENRY LEE WHITEHORN, SR., OF LOUISIANA, TO BE BROOKE SUMMERS MOPPERT, OF FLORIDA UNITED STATES MARSHAL FOR THE WESTERN DISTRICT DAVID VAUGHAN MUEHLKE, OF NEW HAMPSHIRE 15, 2010 OF LOUISIANA FOR THE TERM OF FOUR YEARS, VICE DAVID R. MYERS, OF THE DISTRICT OF COLUMBIA WILLIAM R. WHITTINGTON, RESIGNED. CHRISTOPHER MARKLEY NYCE, OF CALIFORNIA Mr. CASEY. Mr. President, I ask ARTHUR DARROW BAYLOR, OF ALABAMA, TO BE TULA CRUZ ORUM, OF CALIFORNIA unanimous consent that when the Sen- UNITED STATES MARSHAL FOR THE MIDDLE DISTRICT C. DARREN PERDUE, OF VIRGINIA OF ALABAMA FOR THE TERM OF FOUR YEARS, VICE GREGORY WILLIAM PFLEGER, JR., OF VIRGINIA ate completes its business today, it ad- JESSE SEROYER, JR. SUSAN M. PLOTT, OF TEXAS journ until 9:30 a.m., Thursday, April MICHAEL ROBERT BLADEL, OF IOWA, TO BE UNITED BRIANNA ELIZABETH POWERS, OF FLORIDA STATES MARSHAL FOR THE SOUTHERN DISTRICT OF ROBYN KATHERINE PRINZ, OF CALIFORNIA 15; that following the prayer and IOWA FOR THE TERM OF FOUR YEARS, VICE CHARLES E. ROBERT ERIC REEVES, OF VIRGINIA pledge, the Journal of proceedings be BEACH, SR. AJ REI-PERRINE, OF WASHINGTON KEVIN ANTHONY CARR, OF WISCONSIN, TO BE UNITED VICTORIA CHARLOTTE REPPERT, OF MASSACHUSETTS approved to date, the morning hour be STATES MARSHAL FOR THE EASTERN DISTRICT OF WIS- JOHN V. RHATIGAN, OF NEW YORK deemed expired, the time for the two CONSIN FOR THE TERM OF FOUR YEARS, VICE WILLIAM KEVIN J. ROSIER, OF LOUISIANA P. KRUZIKI, RESIGNED. MELISSA A. SAN MIGUEL, OF CALIFORNIA leaders be reserved for their use later DARRYL KEITH MCPHERSON, OF ILLINOIS, TO BE AMY CHRISTINE SENNEKE, OF ILLINOIS in the day, and the Senate proceed to a UNITED STATES MARSHAL FOR THE NORTHERN DIS- EMILY C. SHAFFER, OF VIRGINIA

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BRIAN LOYD SHELBOURN, OF TEXAS COURTNEY L. JONES, OF VIRGINIA CLAYTON R. SWOPE, OF VIRGINIA SHENOA LIAN SIMPSON, OF VIRGINIA KELLY OWEN JOSEPHSON, OF VIRGINIA HUMZA TARAR, OF VIRGINIA ANNE M. SLACK, OF NEW HAMPSHIRE TODD JUNGENBERG, OF ILLINOIS DENISE M. TAYLOR, OF PENNSYLVANIA ESTHER PAN SLOANE, OF NEW YORK THEODORE M. KALMBACH, OF VIRGINIA MORGAN C. TAYLOR, OF THE DISTRICT OF COLUMBIA JOSHUA TEMBLADOR, OF NEW YORK JAYNA K. KELLNER, OF PENNSYLVANIA RONALD M. TAYLOR, OF VIRGINIA KAREEN KAY-ANN THORPE, OF NEW YORK JASON MICHAEL KELLY, OF THE DISTRICT OF COLUM- KRISTIAN A. TEMPLETON, OF NORTH CAROLINA VERONICA TORRES, OF ILLINOIS BIA DARREN THIES, OF WISCONSIN PEI J. TSAI, OF WASHINGTON MAX EDMUND KENDRICK, OF NEW YORK CHAD TIMOTHY THOMPSON, OF VIRGINIA MICHAEL JOHN WHIPPLE, OF TEXAS ANDREW Z. KERNITSKY, OF VIRGINIA JUSTIN S. THOMS, OF VIRGINIA DAVID W. WHITTED, OF GEORGIA SHANA LEE KIERAN, OF MAINE DINA MARIE TOLENTINO, OF WASHINGTON MATTHEW DOUGLAS WHITTON, OF VIRGINIA JEFFREY E. KING, OF FLORIDA SERGEY S. TROITSKY, OF FLORIDA ROSALYN NUNEZ WIESE, OF FLORIDA CHRISTINA R. KINSELL, OF VIRGINIA JAMES AUSTIN TURNER, OF VIRGINIA ANGELINA MARIE WILKINSON, OF FLORIDA JEREMY SHANE KINSELL, OF VIRGINIA ADAM C. UTESCH, OF THE DISTRICT OF COLUMBIA KATHLEEN ANNE YU, OF MARYLAND CYNTHIA B. KNUTSEN, OF VIRGINIA DANIEL A. VOGEL, OF VIRGINIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN TODD R. KONKEL, OF VIRGINIA ANNA WATSON VOTE, OF VIRGINIA SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES DANIELLE J. KORSHAK, OF NEW YORK MARY MARGARET WADSWORTH-SMITH, OF UTAH IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MICHAEL JEROME KRESSE, OF VIRGINIA JOSHUA D. WAGGENER, OF TEXAS AMERICA: ROBERT EDWARD KRIS, OF NEW YORK JASON M. WELLS, OF VIRGINIA KAREN ANN KUZIS, OF IDAHO DANIEL WHITEHALL, OF VIRGINIA DEPARTMENT OF STATE JEANNE MAE LAFLEUR, OF VIRGINIA GEORGE A. WHITNEY, OF VIRGINIA JOE D. LAIRD, OF WASHINGTON BENJAMIN J. ABBOTT, OF NEW YORK JOSEPH D. WILLIAMS, OF GEORGIA BRANDON A. LANE, OF VIRGINIA VANESSA GRACE ACKER, OF TEXAS MCQUINZA U. WILLIAMS, OF VIRGINIA JASON ERIC LANE, OF VIRGINIA AVERY ALPHA, OF THE DISTRICT OF COLUMBIA ROBERT WALTON WILLIAMS, OF VIRGINIA ANDREW R. LEDERMAN, OF THE DISTRICT OF COLUM- MATTHEW J. ARMSTRONG, OF VIRGINIA BRIAN K. WINGATE, OF WASHINGTON BIA CASSANDRA L. BABILYA, OF VIRGINIA BENJAMIN ASHER WITORSCH, OF VIRGINIA JESSICA RUTH LEVY, OF NEW JERSEY GOLDEN BAKER, OF THE DISTRICT OF COLUMBIA SUZANNE Y. WONG, OF NEW JERSEY SONAM LIBERMAN, OF THE DISTRICT OF COLUMBIA MEGAN A. BAKER, OF THE DISTRICT OF COLUMBIA THOMAS T. WONG, OF NEW JERSEY ELIZABETH LORD, OF VIRGINIA MORGAN COLLIN BAKER, OF VIRGINIA GENEVIEVE ZAPIEN, OF VIRGINIA CLINTON G. LYONS, OF MARYLAND BLAKE A. BALCH, OF VIRGINIA BENJAMIN ZEMEK, OF VIRGINIA JARRET SCOTT MACDONALD, OF THE DISTRICT OF CO- PATRICK BALL, OF TEXAS LUMBIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE WILLIAM BARNA, OF WASHINGTON ALEXANDER C. MACFARLANE, OF PENNSYLVANIA SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF SAMUEL M. BARRIENTOS, OF CALIFORNIA BRADLEY COLE MADORA, OF VIRGINIA STATE FOR PROMOTION WITHIN AND INTO THE SENIOR STEVEN JAY BARTLETT, OF VIRGINIA MONA THERESE MARTINEAU, OF THE DISTRICT OF CO- FOREIGN SERVICE TO THE CLASS INDICATED: RICHARD E. BARTON, OF VIRGINIA LUMBIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE ALISON L. BEHLING, OF WEST VIRGINIA RACHEL M. MARTINEZ, OF FLORIDA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- JOSEPH STEPHEN BERNATH, OF THE DISTRICT OF CO- EMMA OLWEN PAMELA MARWOOD, OF NEW YORK ISTER-COUNSELOR, EFFECTIVE JANUARY 17, 2010: LUMBIA KRISTIN MASON, OF MARYLAND GREGORY S. STANFORD, OF FLORIDA ERICK W. BERTRAND, OF VIRGINIA STEVEN DAVID MAYR, OF VIRGINIA SOMER BESSIRE-BRIERS, OF VIRGINIA MATTHEW R. MCALLISTER, OF PENNSYLVANIA NATIONAL OCEANIC AND ATMOSPHERIC RICHA SONI BHALA, OF ILLINOIS WILLIAM APPLETON MCCUE, OF MAINE ADMINISTRATION ALISSA BIBB, OF VIRGINIA MICHAEL MCINERNEY, OF VIRGINIA D. JAMES BJORKMAN, OF UTAH KEVIN W. MCINTYRE, OF VIRGINIA SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE JANE BLAIR, OF THE DISTRICT OF COLUMBIA SANDIP G. MEHTA, OF THE DISTRICT OF COLUMBIA FOLLOWING FOR PERMANENT APPOINTMENT TO THE BENJAMIN B. BORAAS, OF VIRGINIA JOHN DAVID MENICHETTI, OF VIRGINIA GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- STEPHANIE R. BOVEN, OF KENTUCKY ADAM L. MICHELOW, OF ARIZONA MOSPHERIC ADMINISTRATION: CYNTHIA BOWER, OF VIRGINIA ADAM H. MILLER, OF VIRGINIA ROYCE MELBERT BRANCH II, OF TEXAS To be lieutenant RUSSELL DAVID MILLER, OF THE DISTRICT OF COLUM- ERIC G. BRAY, OF THE DISTRICT OF COLUMBIA BIA REBECCA J. ALMEIDA CHERYL A. BREEDLOVE, OF VIRGINIA ALISON SARAH BROWN, OF WASHINGTON SCOTT M. MILLER, OF TEXAS PAUL S. HEMMICK EDGAR A. BROWN, OF VIRGINIA LEONEL GREENE MIRANDA, OF THE DISTRICT OF CO- LAUREL K. JENNINGS IAN T. BROWN, OF TEXAS LUMBIA ALLISON R. MAHANEY BARRETT BRYSON, OF CALIFORNIA MICHAEL JOSEPH MOODY, OF KANSAS MADELEINE M. ADLER LAUREN KAY BULCHER, OF MARYLAND KRISTINE O. MORRISSEY, OF MARYLAND JAMES L. BRINKLEY THOMAS P. BURKE, OF THE DISTRICT OF COLUMBIA KAITLIN D. MUENCH, OF CONNECTICUT SEAN M. FINNEY ALFRED JOHN CANIGLIA III, OF IOWA THOMAS A. MULLIGAN, OF THE DISTRICT OF COLUMBIA KYLE W. RYAN DANIEL M. CAPLAN, OF MARYLAND ORLANDO JUAN NESBIT, OF MARYLAND DAVID M. GOTHAN DAVID CARBAJAL, OF NEW YORK MICHAEL JAMES NEUMANN, OF MARYLAND WILLIAM G. WINNER ANGELA K. CARSON, OF THE DISTRICT OF COLUMBIA NUALA C. O’DONOHOE, OF VIRGINIA MARY A. GILL MAUREEN CHAO, OF WASHINGTON PATRICK F. O’NEILL, OF VIRGINIA VICTORIA E. ZALEWSKI ANDREW CHAPMAN, OF NORTH CAROLINA JULIE S. OTTE, OF SOUTH CAROLINA MATTHEW C. DAVIS SAMUEL I. CHERNAWSKY, OF THE DISTRICT OF COLUM- MARK L. PADGETT, OF VIRGINIA MATTHEW N. GLAZEWSKI BIA REENA PATEL, OF TEXAS CHRISTOPHER W. DANIELS WILLIAM D. CHRISTEN, OF VIRGINIA STEPHEN P. PAZAN, OF NEW JERSEY SARAH A. T. HARRIS HAYLEE COHEN, OF VIRGINIA CRISTINA T. PETRISOR, OF VIRGINIA MEGHAN E. MCGOVERN CHRISTOPHER COLLINGTON, OF FLORIDA MARCUS TAYLOR PEVERILL, OF THE DISTRICT OF CO- FRANCISCO J. FUENMAYOR JULIE MARIE CONGALTON, OF VIRGINIA LUMBIA LECIA M. SALERNO JOHN W. CROCKER, OF VIRGINIA DARIN A. PHAOVISAID, OF ILLINOIS OLIVER E. BROWN JENNIFER R. CUNNINGHAM, OF THE DISTRICT OF CO- GRANT G. PHILLIPP, OF ILLINOIS LUMBIA TONE P. PHOSAI, OF VIRGINIA IN THE NAVY PAUL B. DAVIS, OF CALIFORNIA BEVERLY R. PICACHE, OF VIRGINIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FAUSTO P. DE GUZMAN, OF WASHINGTON MICHAEL A. POINTER, OF LOUISIANA IN THE UNITED STATES NAVY TO THE GRADE INDICATED NATHAN HIROYUKI DEKIEFFER, OF VIRGINIA CHRISTOPHER THOMAS POLILLO, OF GEORGIA UNDER TITLE 10, U.S.C., SECTION 624: SHAWN J. DILLES, OF VIRGINIA JOSHUA G. PRESSLEY, OF VIRGINIA NANCY MARY DILLMAN, OF VIRGINIA ERIN FRANCINE PRICE, OF VIRGINIA To be rear admiral (lower half) DAISY A. DIX, OF COLORADO AARON DAVID RADER, OF MARYLAND ANTHONY A. DONADI, OF VIRGINIA LUKE REYNOLDS, OF SOUTH CAROLINA CAPTAIN JOHN C. AQUILINO ADAM RICHARD DONAHUE, OF THE DISTRICT OF CO- RODNEY R. RIEBSAM, OF MARYLAND CAPTAIN SEAN S. BUCK LUMBIA GLORIA P. RIGOR, OF VIRGINIA CAPTAIN DAVID M. DURYEA GIDEON T. DONOHO, OF THE DISTRICT OF COLUMBIA BENJAMIN PATRICK RINAKER, OF NEBRASKA CAPTAIN PETER J. FANTA EILEEN DOWE, OF CALIFORNIA KIMBERLY D. ROGERS, OF VIRGINIA CAPTAIN DAVID J. GALE MICHAEL S. DRUMMOND, OF VIRGINIA MACKENZIE LAEL ROWE, OF WASHINGTON CAPTAIN CHARLES M. GAOUETTE TIMOTHY J. DUNAWAY, OF FLORIDA NOAH D. ROZMAN, OF VIRGINIA CAPTAIN MICHAEL M. GILDAY RICHARD E. DYCKOFF, OF MARYLAND GIUSEPPE RUGGERI, JR., OF VIRGINIA CAPTAIN PATRICK D. HALL ALLISON D. DYESS, OF TEXAS JOSHUA ROBERT RUSHMAN, OF VIRGINIA CAPTAIN JEFFREY A. HARLEY HEIDI ELIZABETH HOLZ EATON, OF VIRGINIA AARON T. RUSSELL, OF VIRGINIA CAPTAIN RONALD HORTON JESSICA D. EL BECHIR, OF THE DISTRICT OF COLUMBIA SUSAN A. RUSSELL, OF MASSACHUSETTS CAPTAIN PHILIP G. HOWE EMILY C. ELLIOTT, OF THE DISTRICT OF COLUMBIA STEVEN CARL SCHARRE, OF THE DISTRICT OF COLUM- CAPTAIN KEVIN J. KOVACICH LISA N. EVANS, OF TEXAS BIA CAPTAIN DIETRICH H. KUHLMANN III YAYA J. FANUSIE, OF MARYLAND CASEY JAMES SCHMIDT, OF THE DISTRICT OF COLUM- CAPTAIN MARK C. MONTGOMERY DANIEL DELANEY FILLEBROWN, OF VIRGINIA BIA CAPTAIN SCOTT P. MOORE DANIEL F. FREEMAN, OF THE DISTRICT OF COLUMBIA MAURA L. NELSON SCHRAMEK, OF VIRGINIA CAPTAIN KENNETH J. NORTON CHERYL L. FRIEDLANDER, OF VIRGINIA MELVYN L. SCHRAMEK, OF VIRGINIA CAPTAIN TILGHMAN D. PAYNE SEAN MARIANO GARCA, OF FLORIDA JEROME L. SHERMAN, OF NEW YORK CAPTAIN JEFFREY R. PENFIELD EMILY H. GRANT, OF MARYLAND MEGAN C. SHORTRIDGE, OF VIRGINIA CAPTAIN FREDERICK J. ROEGGE MANISH GUPTA, OF VIRGINIA OSAMA EDWARD SHWAYHAT, OF THE DISTRICT OF CO- CAPTAIN PHILLIP G. SAWYER RENE´ GUTEL, OF ARIZONA LUMBIA CAPTAIN JOHN W. SMITH, JR. CRISTINA-ASTRID HANSELL, OF CALIFORNIA KRISTIN E. SIMERSON, OF VIRGINIA CAPTAIN DAVID F. STEINDL MATTHEW HARDESTY, OF VIRGINIA GREGORY D. SIMKISS, OF GEORGIA CAPTAIN KEVIN M. SWEENEY JEFFREY MICHAEL HARMON, OF VIRGINIA DENISE LEE SLIWINSKI, OF FLORIDA CAPTAIN JOSEPH E. TOFALO EMILY ANNE HARTER, OF THE DISTRICT OF COLUMBIA NATALIE SLOVIKOSKI, OF VIRGINIA CAPTAIN MICHAEL A. WALLEY JOHN TRYGUE HAS-ELLISON, OF TEXAS ANNE THERESE SMEDINGHOFF, OF ILLINOIS CAPTAIN MICHAEL S. WHITE DOUGLAS M. HICKEY, OF VIRGINIA BENJAMIN J. SMITH, OF ARIZONA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT HENGAMEH V. HODA, OF VIRGINIA GERALD M. SMITH, OF VIRGINIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED JONATHAN A. HOLLAND, OF GEORGIA LEVI RADMAN SMYLIE, OF NEW YORK UNDER TITLE 10, U.S.C., SECTION 624: BRAESON HOUSE, OF VIRGINIA SARA ELISABETH SNOW, OF MASSACHUSETTS SYLVIA HROCH, OF VIRGINIA NIMET SOYSALAN, OF VIRGINIA To be rear admiral (lower half) GUY C. HUGHES, OF VIRGINIA LANTA V. SPENCER, OF MASSACHUSETTS CAPT. BRETT C. HEIMBIGNER CURTIS M. HYATT, OF VIRGINIA MARISA A. STARK, OF VIRGINIA CAPT. MATTHEW J. KOHLER RACHAEL ANN ISENHART, OF THE DISTRICT OF COLUM- TERIC WILLIAM STATON, OF VIRGINIA BIA MATTHEW RYAN STEELE, OF KANSAS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RYAN M. JANDA, OF MASSACHUSETTS THEODORE R. STEHNEY, OF VIRGINIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED DANA JENSEN, OF NEW YORK MATTHEW B. STEPHENSON, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 624: RIAN JENSEN, OF WASHINGTON BRYAN GREGORY STEVINSON, OF VIRGINIA To be rear admiral (lower half) JEREMY JEWETT, OF WISCONSIN BRIAN J. STREET, OF FLORIDA ANNE DUDTE JOHNSON, OF THE DISTRICT OF COLUM- ROBERT GREGORY SUTTON, OF VIRGINIA CAPT. WILLIE L. METTS BIA STACEY SUTTON, OF SOUTH CAROLINA CAPT. JAN E. TIGHE

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RECOGNIZING OF MERIBAH MANS- men and women who won American inde- and a smile on his face the entire way. I have FIELD FOR HER 38 YEARS OF pendence during the Revolutionary War. no doubt that his kind demeanor left a lasting SERVICE TO OHIO’S LIBRARIES On the evening of April 18, 1775, Paul Re- impression on the people of Chautauqua vere was sent for by Dr. Joseph Warren and County. HON. MARY JO KILROY instructed to ride to Lexington, Massachusetts, We are truly blessed to have such strong in- OF OHIO to warn Samuel Adams and John Hancock dividuals with a desire to make this county the that British troops were marching to arrest wonderful place that we all know it can be. Mr. IN THE HOUSE OF REPRESENTATIVES them. After being rowed across the Charles Lewis is one of those people and that is why Wednesday, April 14, 2010 River to Charlestown by two associates, Paul Madam Speaker I rise to pay tribute to him Ms. KILROY. Madam Speaker, I rise today Revere borrowed a horse from his friend Dea- today. to honor Meribah Mansfield for nearly four con John Larkin. While in Charlestown, he f decades of service to Ohio’s libraries and to verified that the local ‘‘Sons of Liberty’’ com- TESTIMONY ON PROPOSED RULE congratulate her on her upcoming retirement. mittee had seen his pre-arranged signals. REGARDING UNION ELECTIONS Meribah has spent the last 38 years working (Two lanterns had been hung briefly in the UNDER THE RAILWAY LABOR in central Ohio’s libraries and has served as bell-tower of Christ Church in Boston, indi- ACT the Director of the Worthington Libraries for cating that troops would row ‘‘by sea’’ across the last nineteen years. An outstanding leader, the Charles River to Cambridge, rather than Meribah is a past president of the Ohio Library marching ‘‘by land’’ out Boston Neck. Revere HON. JOHN F. TIERNEY Association and a past chair of the Ohio Li- had arranged for these signals the previous OF MASSACHUSETTS brary Council Board of Trustees. Over the weekend, as he was afraid that he might be IN THE HOUSE OF REPRESENTATIVES course of her career, she has made countless prevented from leaving Boston); on the way to Wednesday, April 14, 2010 and lasting contributions to Ohio’s libraries in- Lexington, Revere ‘‘alarmed’’ the countryside, cluding her involvement with the construction stopping at each house, and arrived in Lex- Mr. TIERNEY. Madam Speaker, I would like and renovation of the Columbus Main Library, ington about midnight. As he approached the to submit the following testimony on the Na- the Worthington Northwest Library, and the house where Adams and Hancock were stay- tional Mediation Board’s proposed rule regard- Old Worthington Library. Meribah also has di- ing, a sentry asked that he not make so much ing union elections under the Railway Labor rected the creation of a Web site that com- noise. ‘‘Noise!’’ cried Revere, ‘‘You’ll have Act. memorated the City of Worthington’s bicenten- noise enough before long. The regulars are CHANGED TIME AND CIRCUMSTANCES JUSTIFY nial. coming out!’’ AMENDING NMB REPRESENTATION VOTE PROCEDURES Public libraries play a crucial role in our To celebrate the anniversary of Paul Re- communities, and we are indebted to all librar- vere’s Midnight Ride, the Jackson-Madison (by Frank N. Wilner) ians, especially Meribah, for the indispensable Chapter, NSDAR will sponsor a reenactment By Notice of Proposed Rule Making of the famous ride around the Madison Coun- (NPRM) dated Nov. 3, 2009, the National Me- service they perform. diation Board (NMB) proposes to amend its Following her July 23rd retirement, Meribah ty, Tennessee Courthouse on Sunday, April rules interpreting and administering the plans to pursue her dream of becoming a dea- 18, 2010. Railway Labor Act (RLA) ‘‘to provide that, con in the Episcopal Church. She also looks This Chapter is located in Jackson—named in representation disputes [determinations forward to spending time with her husband after President Andrew Jackson of Ten- as to who will be the bargaining agent for Bruce, children Matthew and Jessica, and nessee—and Madison County—named after airline and railroad and commuter railroad grandchildren Owen and Connor. It is with President James Madison of Tennessee—both employees], a majority of valid ballots cast great pride that I rise to honor Ms. Mansfield of which I am honored to represent in this will determine the craft or class representa- chamber. Nationally the NSDAR has more tives.’’ for her contributions to Ohio’s libraries. I wish The long-standing procedure of the NMB her the best in her future endeavors. than 165,000 members in approximately 3,000 requires a majority of eligible voters (as op- f chapters worldwide and is one of the world’s posed to those actually voting) to vote af- largest and most active service organizations. firmatively in favor of representation, mean- HONORING THE JACKSON-MADISON Madam Speaker, I hope you and our col- ing a failure or refusal of an eligible voter to COUNTY TENNESSEE CHAPTER, leagues will join me in commending the Jack- participate is the equivalent of a ‘‘no union’’ NATIONAL SOCIETY OF DAUGH- son-Madison County Chapter of the National vote. TERS OF THE AMERICAN REVO- Society of Daughters of the American Revolu- The NMB proposes to change its procedure LUTION tion on its 109 years of outstanding service so that, in the future, only ballots of those actually voting will be counted, and each and its ongoing commitment to the preserva- voter will make a choice between representa- HON. JOHN S. TANNER tion of our country’s history. tion by a specified union or ‘‘no union.’’ This OF TENNESSEE f will comport with the long-standing proce- IN THE HOUSE OF REPRESENTATIVES dures of the National Labor Relations Board, HONORING MR. DENNIS LEWIS which interprets and administers the Na- Wednesday, April 14, 2010 tional Labor Relations Act. Mr. TANNER. Madam Speaker, I rise today HON. BRIAN HIGGINS The NMB has authority to make this change in policy. As the Supreme Court ob- to honor and commend the Jackson-Madison OF NEW YORK County Tennessee Chapter, National Society served: IN THE HOUSE OF REPRESENTATIVES [N]ot only does the statute [RLA] fail to of Daughters of the American Revolution, Wednesday, April 14, 2010 spell out the form of any ballot that might chartered in 1901. This chapter is one of the be used but it does not even require selection oldest chapters in the great state of Ten- Mr. HIGGINS. Madam Speaker, I rise today by ballot. It leaves the details to the broad nessee. to pay tribute to the years of service given to discretion of the [National Mediation] Board It is fitting that the members of this body the people of Chautauqua County by Mr. Den- with only the caveat that it ‘insure’ freedom should salute those estimable organizations nis Lewis. Mr. Lewis served his constituency from carrier interference. that strive to promote love of country, preserve faithfully and justly during his tenure as a Says the NMB in its NPRM: The Board’s current policy requires that a American history, and support better education member of the Charlotte Town Council. majority of eligible voters in the craft or for our Nation’s children. Public service is a difficult and fulfilling ca- class must cast valid ballots in favor of rep- The members of the Jackson-Madison reer. Any person with a dream may enter but resentation. This policy is based on the Chapter, National Society of Daughters of the only a few are able to reach the end. Mr. Board’s original construction of Section 2, American Revolution are descended from the Lewis served his term with his head held high Fourth of the RLA, which provides that,

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

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K14AP8.001 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS E536 CONGRESSIONAL RECORD — Extensions of Remarks April 14, 2010 ‘[t]he majority of any craft or class of em- 1930s, its current policy—not always fol- When the railroads were handed back to ployees shall have the right to determine lowed, as will be explained—that requires a their owners by the Government (following who shall be the representative of the craft majority of eligible voters in the craft or federal takeover during World War I) they or class . . .’ class must cast valid ballots in favor of rep- were working under national agreements This interpretation was made in the NMB’s resentation. made with union representatives. That was a first annual report in 1935 ‘‘. . . not on the Consider: yoke from which the roads constantly tried basis of legal opinion and precedents, but on In 1930, there were 156 major (Class I) rail- to escape. what seemed to the Board best from an ad- road systems. In 2008, the number of major Moreover, employees, fortunate to be ministrative point of view.’’ (Class I) railroad systems was just 7, a 96 per- working during the Great Depression were In its November 2009 NPRM, the NMB says: cent reduction since 1930. frightened—if not terrified—over the pros- . . . under its broad statutory authority, In 1930, there were 1.5 million employees in pect of angering management by not sup- [the board] may also reasonably interpret the railroad industry. In 2007, employment in porting a company union and, as a result, Section 2, Fourth to allow the Board to cer- the railroad industry had declined to just losing their jobs. tify as collective bargaining representative 236,000, an 84 percent reduction since 1930. As the U.S. Fourth Circuit Court of Ap- any organization which receives a majority In 1930, there were 249,000 miles of railroad peals observed in 1936. of votes cast in an election. line in the United States. In 2007, the miles . . . any sort of influence exerted by an And the NMB has done just that in the of railroad line in the United States had de- employer upon an employee, dependent upon past, although infrequently. As the NMB clined to just 94,440, a 62 percent reduction his employment for means of livelihood, may said in its first annual report in 1935 that, since 1930. very easily become undue, in that it will co- ‘‘Where, however, the parties to a dispute While it is instructive that there has been erce the employee’s will in favor of what the agreed among themselves that they would be a significant decline in the number of major employer desires against his better judgment bound by a majority of the votes cast, the railroads, railroad employees and miles of as to what is really in the best interest of Board took the position that it would certify railroad trackage, those considerations himself and his fellow employees. on this basis . . .’’ alone are not enough to justify a change in Although there is no accessible source to The Supreme Court has held that while the the NMB’s long-standing voting procedures determine the thinking of NMB officials at words of Section 2, Fourth ‘‘confer the right for representation elections, except to dem- the time, it is logical to conclude that re- of determination upon a majority of those el- onstrate that the environment in which the quiring a majority of those eligible to vote igible to vote,’’ the statute ‘‘is silent as to NMB made its initial determination to re- (as opposed to a majority of those voting) the manner in which that right shall be exer- quire a majority of eligible voters was much more conclusively established on the part of cised.’’ different than today’s environment. the eligible employees a desire to be rep- The U.S. Fourth Circuit Court of Appeals However—and this is crucial—as the NMB resented by a labor union independent of held, in 1936: conducted representation elections during company influence. The universal rule as to elections of offi- the 1930s, the Interstate Commerce Commis- This conclusion is given validity by a com- cers and representatives is that a majority of sion was wrestling with a congressional di- ment of the nation’s Federal Coordinator of the votes cast elects, and that those not vot- rective in the Transportation Act, 1920, to Transportation (1933–1936), Joseph Eastman, ing are presumed to acquiesce in the choice formulate a plan of merging the nation’s who proposed that in organizing employee of the majority who do vote. railroads into just 19 systems. unions, ‘‘a majority shall speak for all.’’ And Chief Justice Morrison Waite held, in Thus, lurking in the shadows of each rep- RACIAL DISCRIMINATION 1877: resentation election during the 1930s was, There was, during the 1930s, a national All qualified voters who absent themselves ‘‘What is the mood of employees on the other shame of racial discrimination. from an election duly called are presumed to railroads that might become a merger part- It was not until 1955 that the Interstate assent to the expressed will of the majority ner of the railroad on which employees were Commerce Commission, taking instruction of those voting, unless the law providing for voting for representation?’’ This concern from Brown v. Board of Education of Topeka, the election otherwise declares. Any other likely steered the NMB toward seeking a Kansas, ruled that the very practice of seg- rule would be productive of the greatest in- demonstration in each representation elec- regation in interstate commerce was a viola- convenience and ought not to be adopted, un- tion that the outcome was a result of votes tion of the Interstate Commerce Act. less the legislative will to that effect is from a majority of those eligible to vote. For sure, discrimination against African- clearly expressed. There are more important facts of changed Americans existed also in railroad employ- Moreover, courts give the decisions of ex- circumstances: ment practices. pert federal agencies great deference; and COMPANY UNIONS On Atlanta Terminal Co., for example, are, in the words of the Supreme Court Among amendments to the Railway Labor there was an effort to separate, for represen- (Chevron doctrine), ‘‘reluctant to preclude Act in 1934 was one outlawing company tation, Caucasian and African-American em- any federal agency’s deliberations of policy unions—a change intended better to protect ployees. Management said it wanted a dem- because a federal agency, which is controlled employee rights to organize. Company onstration that the Brotherhood of Railroad by the political branches of the federal gov- unions were under the control of carrier offi- and Steamship Employees represented the ernment, is constitutionally better suited cers, with the carriers paying the wages of ‘‘white employees.’’ The NMB ordered that than a federal court to render policy deci- the employee representatives. one ballot be issued ‘‘among all the employ- sions.’’ The House Committee on Interstate and ees involved in the dispute regardless of The NMB enjoys even greater insulation Foreign Commerce observed at the time color to afford all of them an equal oppor- from second-guessing by the courts. The Su- (1934) that ‘‘a prolific source of dispute’’ be- tunity to indicate their choice of representa- preme Court observed in 1943 that Congress tween management and employees was ‘‘the tives.’’ left to the discretionary authority of the denial by railway management of the au- As another example, the Brotherhood of NMB the determination of certifying bar- thority of representatives chosen by their Locomotive Firemen and Enginemen had an gaining representatives. employees.’’ agreement with 10 railroads in the South to Perhaps a more pregnant question is why So substantial was this conflict that then- restrict hiring and promotion of African- the NMB for so long has permitted its voting NMB Chairman William M. Leiserson subse- Americans, and the BLF&E, according to procedures in representation elections to be quently testified that, were there a strike President Roosevelt’s Committee on Fair out of sync with the standard for all other occasioned by a dispute over wages and Employment Practices, ‘‘refuses to represent democratic elections, where a majority of hours, ‘‘we usually find we can settle those them with respect to their grievances when those voting makes the determination. This by arbitration or otherwise . . . But if the such grievances are in conflict with the in- is especially relevant where the result of issues involved were discrimination or dis- terests of junior white firemen.’’ such a procedure is that the failure or re- charge of men because they had joined the The national shame of racial discrimina- fusal of an eligible voter to participate is the organization, or the question would be the tion surely created a unique challenge for equivalent of a ‘‘no union’’ vote. right of the organization to represent them, the NMB—a challenge best met by requiring It makes for sound administrative proce- we could not have settled those strikes.’’ that representation elections be determined dure, however, to provide reasonable jus- Between 1933 (the year prior to an RLA by a majority of those eligible rather than of tification—rather than willy-nilly desire— amendment that outlawed company unions) those voting to guard against racial dis- for changing a long-standing public policy. and 1935, some 550 company unions on 77 crimination in the voting process. Determining a reasonable justification Class I railroads were replaced by inde- CONFLICT AMONG LABOR UNIONS AND CRAFTS logically begins with the NMB’s observation, pendent national unions. Indeed, two-thirds Also unique to the period of the 1930s was in its November 2009 NPRM, that Section 2, of the work of the NMB from 1934 until the the large number of competing labor organi- Fourth ‘‘was adopted in a much earlier era, start of World War II involved investigations zations and crafts. Where representation of under circumstances that differ markedly and purging of company unions. craft and class today is generally established from those prevailing today.’’ This was no simple task, as railroads were in bright line fashion on the larger railroads THE EARLIER ERA not anxious to cede negotiating power to an (which employ almost 90 percent of rail Time and circumstances have, indeed, independent labor union. The New York workers), that was not the case during the changed since the NMB adopted, during the Times observed as early as 1922. 1930s.

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A14AP8.001 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS April 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E537 In 1935, on New York, Chicago & St. Louis airlines and railroads are among the most An effort to combat technological difficul- Railroad, a dispute arose between the Broth- computerized industries in America, the per- ties in communicating with potential voters. erhood of Railroad Trainmen (BRT) and the centage of airline and railroad employees Again, requiring a positive vote among a ma- Switchmen’s Union of North America who are Internet savvy is likely higher than jority of those eligible better assured that ef- (SUNA) regarding representation of switch- 74 percent. forts would be made to reach out and com- men. The BRT claimed representation of During the 1930s, there was a communica- municate with those eligible. switchmen systemwide; and the SUNA tions challenge—in employee reading com- An effort to combat Communist agitators, sought a separate vote of switchmen in Buf- prehension as well as the ability to commu- who were using intimidation and other tac- falo and those in Cleveland, rather than sys- nicate by electronic means (including tele- tics to encourage worker militancy and temwide. phone). That communications challenge workplace discord. In 1937, on Indiana Harbor Belt Railroad, a could well have affected the ability of vot- Today: dispute arose between the Brotherhood of ing-eligible employees to be aware of the There no longer are company unions or the Railroad Trainmen and the Order of Railroad subject matter, while lower standards of threat of company unions. Racial discrimination has been outlawed, Telegraphers regarding representation of op- reading comprehension impeded the ability and procedures are in place to root out and erators, towermen, levermen, train directors of employees to understand the subject mat- prosecute racial discrimination in the work- and operator-switchtenders. ter, mechanics and rules of a representation place. In 1935, the Brotherhood of Railroad Train- election. Conflicts among RLA-covered labor unions men complained that the NMB had denied By requiring that a majority of eligible are largely non-existent today, and the num- certain brakemen a representation ballot in employees vote in favor of representation, ber of crafts and classes of workers has been a dispute involving road conductors. the procedure better assured that the major- reduced substantially. Moreover, by includ- The NMB observed in its first annual re- ity would be made aware of the election and ing a ‘‘no union’’ choice on the ballot pro- port in 1935: for what they were voting. The matter of vides eligible employees opportunity to cast [Representation disputes] arose mainly be- employee reading comprehension is far less a a ‘‘no vote.’’ cause of overlapping jurisdiction . . . the an- problem today, and there no longer exists Levels of education, especially among rail- tagonism engendered by the contests has de- impediments to dissemination of informa- road and airline workers, have been dramati- veloped a tendency for employees who are tion by electronic means (including voice). cally improved, with most using computers members of one organization to challenge CONFLICTS IN IDEOLOGY in their daily work routines. the representation of the other organiza- Not readily recognized today is that there Barriers to communication among work- tion.... was great social upheaval during the period ers, as well as between workers and their em- The NMB since has made clear that Sec- of the Great Depression. ployers and union organizers have been al- tion 2, Ninth of the RLA requires a system- Communism was viewed by many workers most entirely eliminated with near universal wide election by craft or class; but, in those at that time as superior to capitalism, and access to telephone and e-mail. Also, today’s early years, the NMB, in decisions of first communists were active agents for change. railroad and airline workers have substan- impression, surely recognized that to assure In 1938, for example, communist agitator tially higher levels of education than they a perception of equity that the vote results William Z. Foster advocated worker mili- did during the 1930s. had to be based on a majority those eligible tancy. Because of changes in circumstance, 75- to vote—that the NMB had to get it right. The president of the Switchmen’s Union of year-old NMB voting procedures are ripe for Also, technology has eliminated what were North America responded that communist change to bring them in sync with the uni- some 291 crafts or classes in 1935, and merger efforts are intended ‘‘to create disharmony, versal rule as to elections of officers and rep- among unions reduced what had been some discord and disunity among the members of resentatives, which is a majority of those 21 separate craft unions in 1935 to many standard railroad labor organizations.’’ casting ballots. fewer today. Here, again, was reason for the NMB to f Also notable is that it was not until 1954 certify representation votes on the basis of a that the AFL amended its constitution to majority of those eligible to vote rather than SUPPORTING NATIONAL LIBRARY prohibit raiding by AFL member unions of to permit, perhaps, a handful of agitators to WEEK other AFL-member unions (now memorial- determine representation votes for a radical ized by Article 20 of the AFL-CIO constitu- organization by intimidating a majority of SPEECH OF tion). workers from casting ballots. HON. EARL BLUMENAUER COMMUNICATION AND EDUCATION CONCLUSION OF OREGON Times and circumstances also have The National Mediation Board proposes to IN THE HOUSE OF REPRESENTATIVES changed with regard to education and com- bring its 75–year-old representation election munication. voting procedures in sync with those of the Tuesday, April 13, 2010 In 1930, only 30 percent of Americans were National Labor Relations Board, and what Mr. BLUMENAUER. Mr. Speaker, in Or- graduated from high school, while, today, the federal courts term, the ‘‘universal rule the number exceeds 70 percent. During the egon, we pride ourselves on our strong com- as to elections of officers and representa- munity and a commitment to quality of life and 1930s, representation elections were carried tives.’’ out by mail ballot, with each eligible voter The change would provide that the out- education. Public libraries are a vital piece of being sent a ballot along with an instruction come of an election is determined by a ma- this fabric and, in fact, Oregon has the second sheet explaining the procedures for a secret jority of those voting, scrapping the archaic highest circulation of public library materials in ballot election. A significant number of blue majority-of-those-eligible rule, which arbi- the nation and the only 5-star library in the collar workers during the 1930s may well trarily assumes that those not voting be Northwest. As the economic downturn has have been unable to read at a level sufficient counted as a ‘‘no vote.’’ pushed family budgets to the brink, these re- to ensure they understood the ballot proce- Circumstances have changed since the sources are more important than ever. In addi- dures, much less the subject matter of the NMB instituted such voting procedures in election. 1934. The reasons then included: tion to public reading and visual materials, li- It was not until 1943 that a single AT&T An effort by the NMB to demonstrate to braries offer Internet and computer access for operator could complete a long-distance tele- employers that their employees overwhelm- all, free of charge. Many also serve as vibrant phone call; previously, as many as five oper- ingly preferred an independent labor union community spaces for gatherings and events. ators and 23 minutes were required to con- to a company union controlled and financed Another library that deserves particular rec- nect a telephone in San Francisco with one by management. ognition is our very own Library of Congress. in New York. As late as 1950, the cost of a An effort to guard against racial discrimi- To highlight the world-class work of this insti- five-minute long-distance telephone call be- nation in an election and better assure ac- tution, in 2008 I formed the Library of Con- tween New York and Los Angeles cost $3.70, cess to ballots by African-American workers. which is equivalent to $32.73 in 2009. This af- An effort to resolve conflict among some 21 gress Caucus, now nearly 70 Members strong. fected the ability of independent unions—and separate independent labor unions seeking to My friend Congressman ZACH WAMP serves union supporters—to communicate with rail- represent some 291 separate crafts or classes as co-chair and our goal is to draw further at- road employees over a wide geographic area. at the time—to ‘‘get it right’’ by deter- tention to the nation’s library, its collections Today, railroad employees have near uni- mining the desires of a majority of those eli- and curators, and to encourage further use by versal access to hard-wired and wireless tele- gible to vote. Members of Congress and the public. phones, as well as e-mail, with the costs of An effort to combat substantially lower The Library of Congress not only houses communicating relatively insignificant. In levels of education and reading comprehen- the outstanding Congressional Research Serv- the words of former NMB Chairperson sion among workers. By requiring a positive Maggie Jacobsen, the Internet has become vote among a majority of those eligible, it ice, it also offers 1.6 million visitors access to ‘‘a 24-hour, seven-day-a-week union meet- was better assured that efforts would be 15 million primary-source documents and oping.’’ Indeed, the U.S. Census Bureau reports made by those asking for the election to erates the Veteran’s History Project. One of that 74 percent of Americans 18 years and reach and explain voting procedures to those my favorite programs, the Surplus Books Pro- older in the workforce use the Internet. As eligible. gram, is an innovative service through which

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A14AP8.002 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS E538 CONGRESSIONAL RECORD — Extensions of Remarks April 14, 2010 Members may send extra books from the Li- and pay tribute to Mary Canavan as she HONORING WILL RIDENOUR brary of Congress to schools and libraries in leaves Federal service. their home district. At a time when funding for HON. JOHN J. DUNCAN, JR. public schools and libraries is scarce, this is a f OF TENNESSEE simple way to reduce waste and distribute ex- IN THE HOUSE OF REPRESENTATIVES HONORING THE UNIVERSITY OF cess resources to our communities and Wednesday, April 14, 2010 schools where they are critically needed. CINCINNATI BEARCATS FOOT- I strongly encourage members to take ad- BALL TEAM Mr. DUNCAN. Madam Speaker, Steve vantage of these extraordinary programs and Ridenour and his family are longtime friends of resources, and congratulate all our nation’s li- mine and my family. HON. STEVE DRIEHAUS I have always heard it said that the worst braries, librarians, and library-enthusiasts. OF OHIO thing that can ever happen to you is to outlive f IN THE HOUSE OF REPRESENTATIVES one of your children. HONORING MARY CANAVAN ON Steve and his family suffered the terrible THE OCCASION OF HER RETIRE- Wednesday, April 14, 2010 tragedy of losing their son Will in a car accident on June 11, 2007. MENT FROM THE ENVIRON- Mr. DRIEHAUS. Madam Speaker, I rise MENTAL PROTECTION AGENCY His other son, Tanner, who is 19, prepared today to honor the University of Cincinnati the speech reprinted below to give to his sen- Bearcats football team and congratulate them ior class at Knoxville’s West High School. HON. JOHN D. DINGELL on their historic achievements in the 2009 This speech expresses Tanner’s love for OF MICHIGAN season. In addition to winning a school-record Will and also shows how this special young IN THE HOUSE OF REPRESENTATIVES 12 games, UC won its second straight Big man handled a horrible period for him and his East football title. The Bearcats finished the Wednesday, April 14, 2010 family. regular season fourth in the nation in both the I would like to call these words by Tanner Mr. DINGELL. Madam Speaker, I rise today USA Today and the Associated Press polls Ridenour to the attention of my colleagues to pay tribute to a true public servant, Mary with an undefeated record. UC also played in and other readers of the RECORD. Canavan. Mary has been with the Federal the 2010 Sugar Bowl, its second consecutive James Dean once said ‘‘Dream as if you’ll Government since a week after graduating Bowl Championship Series game. In addition, live forever, live as if you’ll die today’’. from college in 1970. After 40 years of dedi- the football team and the university community Maybe you remember him smoking ciga- cated work, Mary is retiring this spring. ‘‘adopted’’ and embraced a 12-year-old cancer rettes on his motorcycle in the movies or maybe you remember James Dean’s car acci- Mary is one of two children of Irish immi- patient named Mitch Stone through Friends of grants—who like most immigrants to the dent in 1955 which took his life. My older Jaclyn, a foundation that links youngsters with brother Will passed away June 11, 2007 in a United States—worked incredibly hard to pro- brain tumors to college and high school sports car accident. It was one of the most dev- vide for their children. The family was a close teams. Today, Mitch is cancer-free. astating things that ever happened to my one, with Mary taking care of her parents as I am proud to recognize Mitch Stone and family. But it didn’t stop at my family it af- they got older. To this day, Mary is incredibly the University of Cincinnati Bearcats football fected everyone around us. One month later close to her brother, a priest, who comes over my grandfather passed away from cancer, team, its coaches, and UC President Gregory and the following December my grandmother every Sunday for dinner with his sister. A few H. Williams for their 2009 football season, and years back, Mary’s brother was in a car acci- passed away from cancer. 2007 was one of the recognize the students, faculty, and leadership darkest years of my life, and I hope no one dent and was hurt severely. Typical for Mary, for their record-setting support for UC’s most ever has to go through what I went through. she stepped up to ensure he got the best pos- successful season in history. It made me a stronger person and taught me sible care. Roster: 14 Chazz Anderson, 86 Blake what really is important in life. Aldous Hux- As I mentioned, just a week after graduating ley said, ‘‘Experience is not what happens to Annen, 51 Alex Apyan, 43 Robby Armstrong, from college, Mary joined the Federal Water you. It is what you DO with what happens to 85 Marcus Barnett, 9 Dominique Battle, 69 Quality Administration in June of 1970. She you.’’ I tried my hardest not to cry and keep Frank Becker, 80 Armon Binns, 38 Brent joined the Environmental Protection Agency my family together because I know that is Black, 48 Maalik Bomar, 76 Austen Bujnoch, what Will would have wanted me to do. Peo- when it was established and the Federal 21 Camerron Cheatham, 57 Obadiah ple come up to me all the time and say how Water Quality Administration was abolished. Cheatham, 70 C.J. Cobb, 12 Zach Collaros, proud they are of me. But I would have never She began her career in public affairs and 55 Austin Cook, 41 Michael Cooke, 79 Andre been able to do it without my friends and the thoroughly enjoyed working with students on people around me. When bad things happen Cureton, 33 Chris Damiano, 42 Dorian Davis, college campuses. Mary also worked in the in life you can’t just crawl in a hole and die, 72 Evan Davis. water grants program and as a State coordi- even when that sounds like the easiest thing nator, working with Illinois, Michigan, and Wis- 39 Alex Delisi, 96 Tom DeTemple, 10 to do. James Thurber once said, ‘‘Let us not Romel Dismuke, 65 T.J. Franklin, 26 Drew look back in anger, nor forward in fear, but consin. In 1987, Mary became a congressional around in awareness.’’ I believe in this quote, relations officer and has served in that capac- Frey, 99 Dan Giordano, 22 John Goebel, 66 Sam Griffin, 19 Ben Guidugli, 23 Reuben and think that it has a lot to say about life ity ever since. and the values people should have. So re- Mary is very involved in her Church, Chi- Haley, 59 Steve Hancock, 81 Tomaz Hilton, member class of 2010 that these experiences cago’s 135-year-old Holy Name Cathedral. 92 Michael Hilty, 31 Quentin Hines, 59 Alex whether good or bad will last a lifetime, so She recently served as head of the parish Hoffman, 77 Sean Hooey, 31 Bruce Homer, 6 don’t look back in anger nor forward in fear. council. And after a fire damaged the cathe- Jamar Howard, 40 John Hughes, 5 Reuben f dral last year, Mary, yet again, stepped up to Johnson. 46 Scott Johnson, 11 Brendon Kay, 60 A TRIBUTE TO CHARLES L. the plate, making sure that the church could BLOCKSON continue to accept parishioners and guests Jason Kelce, 18 Travis Kelce, 64 Mitch during construction. She also helped to plan a Kessel, 13 Pat Lambert, 47 Colin Lozier, 53 fund-raiser to help with church renovations. Randy Martinez, 11 Collin McCafferty, 49 HON. ROBERT A. BRADY OF PENNSYLVANIA Mary continues to plan events like the annual Sean McClellan, 46 Mitch Meador, 83 Danny IN THE HOUSE OF REPRESENTATIVES gala. Milligan, 58 Brandon Mills, 34 Patrick I have never heard a bad word about Mary O’Donnell, 68 Craig Parmenter, 91 Ryan Wednesday, April 14, 2010 Canavan. She is universally loved and re- Paxson, 82 Lynell Payne, 23 Isaiah Pead, 67 Mr. BRADY of Pennsylvania. Madam spected. Mary is a Federal employee of the Doug Pike, 36 Quincy Quetant. Speaker, I rise to honor a true American treas- highest caliber. She has served EPA and the 41 Jared Rains, 24 Wesley Richardson, 22 ure: Historian and collector Charles L. offices she deals with tremendously well. I Aaron Roberson, 88 Adrien Robinson, 97 Jake Blockson. Mr. Blockson is the founder and cu- know my office will miss her and based on my Rogers, 16 Will Saddler, 37 J.K. Schaffer, 61 rator of the Charles L. Blockson Afro-American discussions with the rest of the Michigan dele- Jonathan Simmons, 51 Brady Slusher, 63 Dan Collection of rare texts, slave narratives, art gation, we are not alone. Sprague, 94 Jordan Stepp, 54 Walter Stewart, and other historically significant artifacts lo- I wish Mary all the best in retirement, as she 52 Ricardo Thompson, 45 Rob Trigg, 14 Chris cated at Temple University in the First Con- looks forward to travel and being able to de- Williams, 2 Darrin Williams, 32 George Winn, gressional District. It is one of the largest Afri- vote more of her time to her Church and her 95 Derek Wolfe, 84 Orion Woodard, 3 D.J. can American collections of its kind at a major beloved brother. I ask all my colleagues to rise Woods. university.

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A14AP8.004 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS April 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E539 Comprised of more than 40,000 items, the In Rome itself, I have seen the Arch of own brother is believed by many to run the Blockson Collection continues to grow through Titus with the sculpture showing enslaved drug traffic taking place in Afghanistan— the acquisition of both current and retrospec- Jews and the treasures of the Jewish Temple and shows the utmost contempt for the U.S. of Solomon with the Menorah, the symbol of tive materials. An estimated 25,000 volumes is being hailed by the Obama administration the Jewish state, being carted away as booty as an ally and publicly treated with dignity. fill the shelves of the collection and an addi- during the sacking of Jerusalem. Karzai recently even threatened to join the tional 3,500 volumes are rare books. Another Oh, you may say, that is a farfetched anal- Taliban if we don’t stop making demands on 15,000 items of rare Afro-Americana include ogy. Please hear me out. him. Nevertheless, Karzai is receiving a gra- pamphlets, slave narratives, antislavery broad- The most recent sacking of the old city of cious thank-you letter from President sides, signed letters, posters, photographs, Jerusalem—its Jewish quarter—took place Obama. The New York Times of April 10th sheet music, original phonograph recordings under the Jordanians in 1948 in the first war reported, ‘‘. . . that Mr. Obama had sent Mr. between the Jews and the Arabs, with at and statues. Karzai a thank-you note expressing grati- least five Muslim states—Egypt, Jordan, tude to the Afghan leader for dinner in On March 10, 2010, in recognition of Wom- Lebanon, Syria and Iraq—seeking to destroy en’s History Month and on the 188th anniver- Kabul. ‘It was a respectful letter,’ General the Jewish state. At that time, Jordan con- Jones said.’’ sary of the birth of the African American aboli- quered East Jerusalem and the West Bank On the other hand, our closest ally—the tionist Harriet Tubman, I was pleased to honor and expelled every Jew living in the Jewish one with the special relationship with the Mr. Blockson for his donation of his collection quarter of the old city, destroying every U.S., has been demeaned and slandered, held building, including the synagogues in the old of Harriet Tubman artifacts to the Smithsonian responsible by the administration for our quarter and expelling from every part of National Museum of African American History problems in Afghanistan and Iraq and else- Judea and Samaria every Jew living there so and Culture (NMAAHC). The donated artifacts where in the Middle East. The plan I suspect that for the first time in thousands of years, included a shawl given to Harriet Tubman by is to so weaken the resolve of the Jewish the old walled city of Jerusalem and the ad- state and its leaders that it will be much England’s Queen Victoria, historic photo- jacent West Bank were ‘‘Judenrein’’—a term easier to impose on Israel an American plan graphs and a hymnal signed by Tubman. used by the Nazis to indicate the forced re- to resolve the Israeli-Palestinian conflict, By making this donation to the moval or murder of all Jews. Smithsonian’s National Museum of African Jews had lived for centuries in Hebron, the leaving Israel’s needs for security and defen- American History and Culture, Mr. Blockson city where Abraham, the first Jew, pitched sible borders in the lurch. has ensured that this unparalleled collection his tent and where he now lies buried, it is I believe President Obama’s policy is to will be shared with millions of visitors to the believed, in a tomb with his wife, Sarah, as create a whole new relationship with the museum. Madam Speaker, I ask you and my well as other ancient Jewish patriarchs and Arab states of Saudi Arabia, Jordan and Egypt, and Iraq as a counter to Iran—The other distinguished colleagues to join me in matriarchs. I have visited that tomb and at the time asked an Israeli soldier guarding Tyrannosaurus Rex of the Muslim world commending Mr. Blockson whose donation it—so that it was open to all pilgrims, Chris- which we are now prepared to see in posses- represents a continuum of a life dedicated to tians, Muslims and Jews—‘‘where is the sev- sion of a nuclear weapon. If throwing Israel preserving African American history. enth step leading to the tomb of Abraham under the bus is needed to accomplish this f and Sarah,’’ which was the furthest entry for alliance, so be it. Jews when the Muslims were the authority A DANGEROUS SILENCE—FORMER I am shocked by the lack of outrage on the controlling the holy place? He replied, part of Israel’s most ardent supporters. The NEW YORK CITY MAYOR ED KOCH ‘‘When we retook and reunited the whole members of AIPAC, the chief pro-Israel lob- city of Jerusalem and conquered the West bying organization in Washington, gave Sec- HON. PETER T. KING Bank in 1967, we removed the steps, so now retary of State Hillary Clinton a standing OF NEW YORK everyone can enter,’’ whereas when Muslims ovation after she had carried out the instruc- were in charge of the tomb, no Jew could IN THE HOUSE OF REPRESENTATIVES tions of President Obama and, in a 43–minute enter it. And I did. telephone call, angrily hectored Prime Min- Wednesday, April 14, 2010 I am not a religious person. I am com- ister Benjamin Netanyahu. Mr. KING of New York. Madam Speaker, no fortable in a synagogue, but generally attend only twice a year, on the high holidays. Members of Congress in both the House one is more dedicated to maintaining the When I entered the tomb of Abraham and and Senate have made pitifully weak state- strength of the American-Israeli relationship Sarah, as I recall, I felt connected with my ments against Obama’s mistreatment of than former New York City Mayor Ed Koch. past and the traditions of my people. One is Israel, if they made any at all. The Demo- Mayor Koch is a true American patriot who a Jew first by birth and then by religion. cratic members, in particular, are weak. knows that Israel is an indispensable partner Those who leave their religion, remain Jews They are simply afraid to criticize President Obama. in the war against Islamic terrorism. Israel, of forever by virtue of their birth. If they don’t course, shares America’s belief in freedom think so, let them ask their neighbors, who What bothers me most of all is the shameful silence and lack of action by community and democracy. Like many of us, Mayor Koch will remind them. I recall the words of the columnist Robert Novak, who was for most leaders—Jew and Christian. Where are they? is concerned that President Obama’s policies of his life hostile to the Jewish state of If this were a civil rights matter, the Jews have ‘‘damaged the relationship between the Israel in an interview with a reporter stating would be in the mall in Washington pro- U.S. and Israel . . . to one in which there is that while he had converted to Catholicism, testing with and on behalf of our fellow an absence of trust on both sides.’’ Mayor he was still a cultural Jew. I remain with American citizens. I asked one prominent Koch has written a very thoughtful article in pride a Jew both by religion and culture. Jewish leader why no one is preparing a which he describes his opposition to the My support for the Jewish state has been march on Washington similar to the one in Obama policies—policies which have caused long and steadfast. Never have I thought 1963 at which I was present and Martin Lu- ther King’s memorable speech was given? His the Mayor to ‘‘weep’’. I commend this article to that I would leave the U.S. to go and live in Israel. My loyalty and love is first to the reply was ‘‘Fifty people might come.’’ Re- my colleagues. U.S. which has given me, the son of Polish member the 1930s? Few stood up. They were A DANGEROUS SILENCE Jewish immigrants, so much. But, I have silent. Remember the most insightful state- I weep as I witness outrageous verbal at- also long been cognizant of the fact that ment of one of our greatest teachers, Rabbi tacks on Israel. What makes these verbal as- every night when I went to sleep in peace Hillel: ‘‘If I am not for myself, who is for me? saults and distortions all the more painful is and safety, there were Jewish communities And if I am only for myself, what am I? And that they are being orchestrated by Presi- around the world in danger. And there was if not now, when?’’ dent Obama. one country, Israel, that would give them We have indeed stood up for everyone else. For me, the situation today recalls what sanctuary and would send its soldiers to When will we stand up for our brothers and occurred in 70 AD when the Roman emperor fight for them and deliver them from evil, as sisters living in the Jewish state of Israel? Vespasian launched a military campaign Israel did at Entebbe in 1976. against the Jewish nation and its ancient I weep today because my president, Barack If Obama is seeking to build a siege ramp capital of Jerusalem. Ultimately, Masada, a Obama, in a few weeks has changed the rela- around Israel, the Jews of modern Israel will rock plateau in the Judean desert became tionship between the U.S. and Israel from not commit suicide. They are willing to ne- the last refuge of the Jewish people against that of closest of allies to one in which there gotiate a settlement with the Palestinians, the Roman onslaught. I have been to Jeru- is an absence of trust on both sides. The con- but they will not allow themselves to be salem and Masada. From the top of Masada, trast between how the president and his ad- bullied into following self-destructive poli- you can still see the remains of the Roman ministration deals with Israel and how it has cies. fortifications and garrisons, and the stones decided to deal with the Karzai administra- To those who call me an alarmist, I reply and earth of the Roman siege ramp that was tion in Afghanistan is striking. that I’ll be happy to apologize if I am proven used to reach Masada. The Jews of Masada The Karzai administration, which operates wrong. But those who stand silently by and committed suicide rather than let them- a corrupt and opium-producing state, refuses watch the Obama administration abandon selves be taken captive by the Romans. to change its corrupt ways—the president’s Israel, to whom will they apologize?

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A14AP8.008 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS E540 CONGRESSIONAL RECORD — Extensions of Remarks April 14, 2010 HONORING DR. JOHN HARTIG ON affects the present and the future of one of President of the American Legion Auxiliary for HIS SELECTION AS A MICHIGAN our nation’s great treasures and I am proud to 2009/2010. GREEN LEADER stand before you today in order to honor him During her time as Department President, and the causes he has so diligently cham- Karyn has worked tirelessly to assist our vet- HON. JOHN D. DINGELL pioned. erans and communities throughout New York. OF MICHIGAN f The Department Presidents Project, which she IN THE HOUSE OF REPRESENTATIVES oversees, is divided into two programs. The HONORING THE LIFE OF TOM first, the Creative Arts, New York project, Wednesday, April 14, 2010 TURNER works to incorporate the arts into Veterans Af- Mr. DINGELL. Madam Speaker, I rise today fairs recreational therapy programs. The in appreciation of Dr. John Hartig of Michigan. HON. STEVE COHEN project raises funds to purchase medals, cer- On April 22nd he, along with 15 others se- OF TENNESSEE tificates, program books, and art supplies, and lected from over 300 nominations, will be rec- IN THE HOUSE OF REPRESENTATIVES allows veterans to enter their work into a na- ognized by the Detroit Free Press as a Michi- Wednesday, April 14, 2010 tional competition. gan Green Leader. This is the first year of the The second of Karyn’s projects is designed Michigan Green Leader awards to honor the Mr. COHEN. Madam Speaker, I rise today to provide help for veterans of the Gulf War, 40th anniversary of Earth Day, our environ- to honor the life of Tom Turner, a man who Operation Iraqi Freedom, and Operation En- ment, and the hard work and dedication of devoted his life in service to the Memphis during Freedom. The project works alongside these outstanding institutions and people. community. He was born in Atlanta, Georgia in the Veterans Administration to provide much Dr. Hartig currently serves the United States 1924, and graduated from Georgia Institute of needed services that might otherwise fall Fish and Wildlife Service as the Refuge Man- Technology, after which he served his country through the cracks because of red tape or ager for the Detroit River International Wildlife as a Lieutenant in the U.S. Army Air Corps budgetary constraints. The funds she raises Refuge. He is responsible for the conserva- during World War II. Afterwards, he moved to for this project will help to provide transpor- tion, protection, and restoration of habitat for Memphis, Tennessee where he worked as the tation, grocery cards, and refreshments for 29 species of waterfowl, 65 different species Division Manager for External Affairs at Buck- group events. of fish, and 300 species of migratory birds in eye Cellulose Technology for forty years. Karyn is expected to raise an impressive the nearly 6000 acres abutting the Detroit Tom Turner was active in a multitude of $50,000 in funding for these projects. These River in Southeast Michigan. The Refuge was local organizations during his career and in re- donations did not come easily, but instead are established in 2001 as part of an effort to pre- tirement. He was Chairman of the Boards of the result of many trips throughout New York. serve this beautiful area, which is the intersec- Agricenter International, the Memphis Cham- Karyn’s enthusiasm and commitment to the tion of the Atlantic and Mississippi Flyways ber of Commerce, Junior Achievement, and American Legion extends throughout her fam- and where an estimated 7 million ducks, Goodwill Industries. In addition, Mr. Turner ily as well. Her husband Joseph is a past Post geese, swans, and coots traverse the region served as Vice Chairman of the Boards of the Commander and District Commander. Karyn’s annually as part of their migratory patterns. Airport Authority and Christian Brothers Uni- two daughters Holly and Tracey are members As a Trenton native, Dr. Hartig spent his versity. He was an active participant with Le of the Auxiliary, her granddaughters Rebecca youth fishing on the Detroit River. He is Moyne Owen College, MIFA and was a big and Jenna are junior members, and her trained as a limnologist and has over 30 years fundraiser for the United Way and the Salva- grandson Jared is a member of the Sons of of experience in environmental science, man- tion Army. He was active in the Rotary Club, the American Legion. Her father, sister, and, agement, and policy. He served a term as Memphis in May, Memphis partners and the until recently, mother were also members of President of the International Association for Tennessee Independent College Fund. Mr. the American Legion; Karyn lost her mother Great Lakes Research—a group dedicated to Turner was an active member of his Church, this past year. the study of large lakes and watersheds Wesleyan Hills United Methodist, where he Madam Speaker, I ask my fellow Members around the world. He spent 5 years as the De- was Chairman of the administrative board and to join me in recognizing Ms. Karyn Porempski troit River Navigator, a federal liaison identi- taught Sunday School. for her over forty years of service to the Amer- fying and enacting valuable economic devel- This is only a partial list of Mr. Turner’s in- ican Legion Auxiliary, our veterans, and west- opment, environmental stewardship, and his- volvement in the Memphis community. He was ern New York. torical preservation, for the Greater Detroit truly a tireless proponent of civic involvement. f American Heritage River Initiative, established The Volunteer Center of Memphis awarded by Presidential Executive Order to protect and him the Golden Rule Award as the ‘‘Top Vol- CELEBRATING THE BIRTH OF preserve America’s Rivers. He also worked for unteer in Memphis.’’ Christian Brothers Univer- CATHERINE GRACE MCCAULEY the International Joint Commission, estab- sity also awarded him the Maurelian Medal for lished by the United States and Canada to re- ‘‘exceptional service to the university and to HON. JEB HENSARLING solve Boundary Water issues, and helped es- the wider community.’’ Thomas Turner’s im- OF TEXAS tablish the Canada-US Great Lakes Water pact was deeply felt in the Memphis Commu- IN THE HOUSE OF REPRESENTATIVES Quality Agreement for more than a decade. nity and his absence will undoubtedly be Wednesday, April 14, 2010 He has taught Environmental Management deeply felt. and Sustainable Development as an Adjunct Tom Turner passed away on March 27, Mr. HENSARLING. Madam Speaker, today I Professor at Wayne State University. Dr. 2010, at the age of 85. He is survived by his wish to celebrate the birth of Catherine Grace Hartig has written over 100 published articles wife of 60 years, Doris Turner, two daughters, McCauley to her parents, Juli and Jared on the Great Lakes and authored or co-au- Terri Panitz and Lisa Turner and partner Rob McCauley of Lubbock, Texas. Cate was born thored a number of books including ‘‘UNDER Sangster, and five grandchildren. Memphis on April 13, 2010, at 11:15 p.m., weighing 7 RAPS: Toward Grassroots Ecological Democ- mourns the loss of Mr. Turner who was tire- pounds, 8 ounces and measuring 20 and one- racy in the Great Lakes Basin,’’ ‘‘Honoring Our lessly involved in his community’s growth. His half inches. Detroit River, Caring for Our Home,’’ and re- life was a reminder of just how much one per- Cate’s proud grandparents are Michael and cently ‘‘Burning Rivers: Revival of Four Urban- son can accomplish while serving the commu- Cathy Buchanan and Roger and Diane Industrial Rivers That Caught on Fire.’’ His nity. McCauley. She is the great-grandchild of Joe work has garnered numerous other accolades, f and the late Billy Gene Buchanan, Troy and including the 2003 Anderson-Everett Award for Marge Jones, Arline and the late Ward contributions to the International Association HONORING MS. KARYN POREMPSKI McCauley and Robert and Betty Minemier, Sr. for the Great Lakes, the 2003 Community Lu- Cameron and Stacey Buchanan and Dee and minary Award from the DTE Energy Founda- HON. BRIAN HIGGINS Jessica Buchanan are Cate’s excited aunts tion for his leadership in the development of OF NEW YORK and uncles. communities in Michigan, and the 1993 Sus- IN THE HOUSE OF REPRESENTATIVES Madam Speaker, as a father of two children, tainable Development Award for Civic Leader- I know what a momentous celebration this is Wednesday, April 14, 2010 ship from the Global Tomorrow Coalition. for Juli, Jared and their entire family, for a John Hartig has dedicated his career to the Mr. HIGGINS. Madam Speaker, I rise today child truly is a gift of the Lord. This family has protection of some of Michigan’s most valu- to recognize the commitment to service of Ms. prayed about Cate’s arrival for years, and able and most vulnerable resources. His work Karyn Porempski, the serving Department today, Madam Speaker, they can proclaim

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A14AP8.011 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS April 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E541 with a spirit of joy and thanksgiving, ‘‘For this join me in requesting the Obama administra- the gaming industry for nearly thirty years. In child I prayed; and the Lord hath given me my tion to immediately move ahead with the sale 1976, Rick earned a Bachelor’s degree in petition which I asked of him.’’ of F–16s to Taiwan at this time. One of the Business Administration from Boston Univer- f main reasons to move now is that the produc- sity. His lifelong career in the gaming industry tion of the F–16s is nearing its end, as more began in 1979, in Atlantic City, where he held U.S. AND TAIWAN’S AIR DEFENSE countries are switching to the advanced F–35 various positions at Caesar’s Entertainment Joint Strike Fighter. and Resorts International. In 1991, Rick’s ca- HON. KAY GRANGER f reer led him to Peoria, Illinois where he played OF TEXAS an instrumental role in the grand opening of IN THE HOUSE OF REPRESENTATIVES HONORING LIONVILLE YOUTH Par-A-Dice Riverboat Casino, where he Wednesday, April 14, 2010 ASSOCIATION served as Vice President of Marketing. In late 1995, Mr. Mazer became the Director of Mar- Ms. GRANGER. Madam Speaker, I rise keting and Advertising at the Empress Casino today to talk about an issue of concern to me HON. JIM GERLACH in Joliet, Illinois. He joined the team at Horse- and to my Taiwanese American constituents. OF PENNSYLVANIA shoe Casino nearly fifteen years ago and suc- Today’s Taiwan is a strong ally of the IN THE HOUSE OF REPRESENTATIVES United States that shares with us the ideals of cessfully maintained a leadership role through Wednesday, April 14, 2010 three ownerships. In 2007, due to his out- freedom, democracy, and self-determination. standing management skills and superior busi- Taiwan enjoys elements of independence, al- Mr. GERLACH. Madam Speaker, I rise ness strategies, Rick was subsequently pro- though Taiwan continues to be under an omi- today to honor the Lionville Youth Association moted to oversee the two Harrah’s Entertain- nous shadow cast by the over 1400 short and as it celebrates 40 years of providing excellent recreational opportunities and sports programs ment casinos that book-end the state, picking medium-range ballistic missiles that the Peo- up responsibilities for what was known as ple’s Republic of China (PRC) has aimed in its to boys and girls in Chester County, Pennsyl- vania. Caesars Indiana, now Horseshoe Southern In- direction. China continues to refuse to re- diana. Mr. Mazer led the transformation from nounce the use of force against Taiwan, con- The Association has come a long way since its inception in 1970 when it developed playing one great brand to another. The ‘‘mother of all tinues to claim Taiwan as a renegade prov- boats’’, or MOAB, is the moniker fondly used ince, and in 2005 passed an ‘‘Anti-Secession fields on two, pie-shaped parcels along Devon Drive in an era when backstops were made of internally to reference the $500 million casino Law’’ that mandated military action if Taiwan that Rick spearheaded. The design, construc- moves towards formal and legal independ- chicken wire and the snow fences served as outfield walls. Last year, more than 1,600 chil- tion, and opening of one of the most stunning ence. The U.S. Congress quickly and strongly casinos in America could have only happened condemned China for this action with a vote dren participated in sports leagues organized by the Association and competed on well- under his guidance. For his efforts, Mr. Mazer on the House Floor. has been presented with the Lakeshore A 2009 Pentagon report on the military groomed playing fields with dugouts, electronic scoreboards and press boxes. Countless Chamber of Commerce Business Person of power of the PRC stated that ‘‘in the near- the Year award. After years of service in the term, China’s armed forces are rapidly devel- youth teams have celebrated championships earned while playing on one of the athletic Indiana market, Rick was given an opportunity oping coercive capabilities for the purpose of to oversee multiple casinos in America’s gam- deterring Taiwan’s pursuit of de jure independ- fields faithfully maintained by the Association. More importantly, the Association has afforded ing capital, Las Vegas. Staying within the ence.’’ It added that these ‘‘same capabilities Harrah’s Entertainment family has made the boys and girls a chance to learn valuable les- could in the future be used to pressure Taiwan transition very smooth. toward a settlement of the cross-Strait dispute sons in team work, hard work and persever- Rick Mazer exemplifies what it means to be on Beijing’s terms while simultaneously at- ance that will benefit them long after they a true leader. His outstanding leadership skills tempting to deter, delay, or deny any possible leave the playing field. are reflected by staff members, who have U.S. support for the island in case of conflict.’’ The Association’s tremendous success and been quoted as saying, ‘‘Rick actively en- Madam Speaker, the 1979 Taiwan Relations increased participation in youth sports can be gages members of his team, constantly chal- Act is the cornerstone of United States-Taiwan attributed to the 550 volunteers who gener- lenging them to expand their expertise while relations and the ‘‘Law of the Land.’’ It de- ously give 180,000 hours each year to serve fostering their talent and growth. Rick under- clares that it is the policy of the United States as coaches, umpires, referees, concession stands that with a truly engaged team, any- ‘‘to consider any effort to determine the future stand workers, league officials and in various thing is possible.’’ of Taiwan by other than peaceful means, in- other roles. In addition to his impressive professional ca- cluding by boycotts or embargoes, a threat to Madam Speaker, I ask that my colleagues reer, Rick passionately serves the people of the peace and security of the Western Pacific join me today in congratulating the Lionville Northwest Indiana through his involvement in area and of grave concern to the United Youth Association as it commemorates this many community organizations. Among his States.’’ very special milestone and offering best wish- many contributions, Rick is actively involved Furthermore, section 3(b) of the Act stipu- es for continued success in enriching the lives with the Northwest Indiana Forum, Tradewinds lates that both the President and the Congress of our youth and strengthening the bonds with- Rehabilitative Services, Northwest Indiana shall determine the nature and quantity of in our community. Symphony Orchestra, Casino Association of such defense articles and services ‘based f Indiana, Lake Area United Way, Crisis Center, solely’ upon their judgment of the needs of Haven House, American Cancer Society, RICK MAZER Taiwan. Lakeshore Chamber of Commerce, Lake On January 29, 2010 the Obama Adminis- County Convention and Visitor’s Bureau Hos- tration notified Congress of a long-awaited HON. PETER J. VISCLOSKY pitality Committee, and the Indiana Black package of arms sale to Taiwan, totaling US$ OF INDIANA Expo. For his many charitable efforts, Rick 6.4 billion. The package included 114 Patriot IN THE HOUSE OF REPRESENTATIVES was awarded the prestigious Raoul PAC–3 missiles, 60 Black Hawk helicopters, Wednesday, April 14, 2010 Wallenberg Humanitarian Award. For his con- 12 Harpoon missiles for training purposes, two tinuous, selfless devotion to the community of Osprey-class refurbished mine hunters and Mr. VISCLOSKY. Madam Speaker, it is with Northwest Indiana, Mr. Mazer is to be highly military communication equipment. However, great pleasure that I take this time to honor commended. not included in the package were 66 F–16 C/ one of Northwest Indiana’s most respected Rick’s dedication to his community is ex- D fighter aircraft, which Taiwan requested in business and community leaders, Mr. Rick ceeded only by his devotion to his amazing 2006. Mazer, from Saint John, Indiana. On April 8, family. This coming May, he and his wonderful Prior to the notification, in a report dated 21 2010, Rick was honored by Horseshoe Casino wife, Aria, will celebrate 30 years of marriage. January 2010, the U.S. Defense Intelligence and the Northwest Indiana Forum in apprecia- They have two beloved daughters, Ericka and Agency made an assessment of the status of tion for his many years of service as a dedi- Racquel. Taiwan’s air defense. It concluded that Tai- cated executive and for his numerous con- Madam Speaker, at this time, I ask that you wan’s air defense is showing increasing vul- tributions to the community of Northwest Indi- and my other distinguished colleagues join me nerability due to the aging of the air force ana. The celebration took place at Gamba in commending Mr. Rick Mazer as he is hon- fighter aircraft. Ristorante in Merrillville, Indiana. ored for his lifetime of service and dedication Madam Speaker, let me conclude my re- Rick Mazer’s professional and academic ca- to the Northwest Indiana community. Rick con- marks with urging my esteemed colleagues to reer led him to become a prominent leader in tinues to touch the lives of countless people,

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K14AP8.005 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS E542 CONGRESSIONAL RECORD — Extensions of Remarks April 14, 2010 and for his unselfish, lifelong commitment, he expected to improve. To achieve this, the bill nized for his role in building and supporting is worthy of the highest praise. gives the Department the flexibility to effi- Jewish institutions on campus such as the f ciently hire qualified new employees, and to Casden Institute, Chabad at USC, the Jewish manage its workforce in a manner that pro- Studies Department, and most recently, the INTRODUCTION OF THE IMPROVE motes superior performance. DOD is required Shoah Institute, as well as off campus institu- ACQUISITION ACT OF 2010 to develop new regulations for the acquisition tions such as USC Hillel and Hebrew Union workforce which include fair, credible, and College. HON. ROBERT E. ANDREWS transparent methods for hiring and assigning Professor Sample is an extraordinary indi- OF NEW JERSEY personnel, and for appraising and rewarding vidual. In addition to being an electrical engi- IN THE HOUSE OF REPRESENTATIVES employee performance. The bill also extends neer he is a musician, outdoorsman, author, Wednesday, April 14, 2010 and codifies the Acquisition Workforce Dem- and inventor. In February 1998, he was elect- onstration Program, which already incor- ed to the National Academy of Engineering for Mr. ANDREWS. Madam Speaker, I’m porates a number of these important ele- his contributions to consumer electronics and pleased to be joined by a number of my col- ments, but has been dormant while the De- leadership in interdisciplinary research and leagues today in introducing the IMPROVE partment tried to implement NSPS. education. In 2003, he was elected to the Acquisition Act of 2010. On March 23, the Another key pillar of success for the de- American Academy of Arts and Sciences in House Armed Services Committee’s Panel on fense acquisition system is the Department’s recognition of his accomplishments as a uni- Defense Acquisition Reform completed its financial management system. DOD’s inability versity president. work by unanimously agreeing to its final re- to provide accurate and timely financial infor- Professor Sample has received numerous port after a year-long investigation of the de- mation prevents it from adequately managing awards and great support from the community fense acquisition system. We held 14 hearings its acquisition programs and from imple- in recognition of his achievements. He recently and 2 briefings and looked at the whole spec- menting true acquisition reform. The bill re- received the Distinguished Business Leader trum of the acquisition system. We found that quires DOD to establish meaningful incentives Award from the Los Angeles Area Chamber of while the nature of defense acquisition has for the military services to achieve unqualified Commerce, the Heart of the City Award from substantially changed since the end of the audits well before the current mandate of Sep- the Central City Association of Los Angeles, Cold War, the defense acquisition system has tember 30, 2017. It also requires con- and the Chancellor Charles P. Norton Medal, not kept pace. sequences if they do not meet this mandate, the highest award bestowed by the State Uni- It is still a system primarily designed for the which was enacted in the National Defense versity of New York at Buffalo. He has also re- acquisition of weapon systems at a time when Authorization Act for Fiscal Year 2010. ceived the Humanitarian Award from the Na- the acquisition of services, and of information The last pillar underpinning the defense ac- tional Conference for Community and Justice, technology, represents a much larger share of quisition system is the industrial base. The bill the Hollzer Memorial Award from the Jewish the Department’s budget. These other areas requires the Department to enhance competi- Federation Council of Greater Los Angeles, of acquisition operate very differently from tion and gain access to more innovative tech- and the Eddy Award for excellence in eco- weapons acquisition, but are just as complex nology by taking measures to utilize more of nomic development from the Los Angeles and just as risky for taxpayers. It was clear to the industrial base, especially small and mid- County Economic Development Corporation. our Panel that changes are needed, but the tier businesses. And in managing that indus- Madam Speaker and distinguished col- extent and complexity of the problem pre- trial base, the bill directs DOD to work with re- leagues, I ask you to join me in saluting Pro- sented a real challenge to us. sponsible contractors with strong business fessor Sample for his impressive career and Ultimately, we did find a group of common, systems. It requires contractors to disclose dedication to the people of Southern Cali- overarching issues that we were convinced whether they are delinquent on their taxes fornia, and congratulating him on the occasion needed to be addressed. Across all categories when they bid on a federal contract. of his retirement. of acquisition significant improvements can I look forward to working with my colleagues f and should be made in: managing the acquisi- to pass this important legislation through the tion system; improving the requirements proc- House in the coming weeks. TRIBUTE TO OLYMPIC ess; developing and incentivizing the highest SNOWBOARDER LOUIE VITO f quality acquisition workforce; reforming financial management; and getting the best from USC PRESIDENT STEVEN SAMPLE HON. JIM JORDAN the industrial base. The IMPROVE Acquisition OF OHIO Act of 2010 goes directly at each of these HON. HOWARD L. BERMAN IN THE HOUSE OF REPRESENTATIVES issues. OF CALIFORNIA Wednesday, April 14, 2010 It requires DOD to regularly and com- IN THE HOUSE OF REPRESENTATIVES prehensively assess the performance of the Mr. JORDAN of Ohio. Madam Speaker, I defense acquisition system, and puts the Wednesday, April 14, 2010 am proud to honor the achievements of Louie newly created Office of Performance Assess- Mr. BERMAN. Madam Speaker, I am hon- Vito on his outstanding snowboarding perform- ment and Root Cause Analysis in charge of ored to pay tribute to my friend Professor Ste- ance at the 2010 Olympic Winter Games. these assessments. These assessments ven Sample, on the occasion of his retirement Louie is a native of Bellefontaine, Ohio, and would not simply be material to fill reports to from the University of Southern California. I got his first snowboarding experience at Congress. These performance assessments have had the pleasure of working with him on Bellefontaine’s Mad River Mountain. He cred- would be linked directly with the things that many issues of concern to USC and edu- its his father, Lou, with helping to nurture his matter most to the people in the system: pay, cational reform, and I know firsthand of his passion for the sport early on. promotion, and the scope of their authority. A many accomplishments. At age 13, Louie was present at the 2002 similar performance management system is In 1991, Professor Sample was appointed Olympic Winter Games in Salt Lake City to required for the current requirements process USC President. Under his leadership, USC watch American snowboarders capture the for weapon systems and the bill requires DOD has become world-renowned in the fields of gold, silver, and bronze in the men’s halfpipe to develop a requirements process for the ac- communication and multimedia technologies, competition. Inspired by their example, he quisition of services. These systems will now received national acclaim for its innovative dedicated himself to the sport, turning pro in be held accountable to the Department’s sen- community partnerships, and solidified its sta- 2005. He immediately made his mark in the ior leaders. The bill also requires DOD to re- tus as one of the nation’s leading research world of snowboarding with a first-place finish visit its acquisition policy to correct the bias to- universities. in the superpipe at that year’s Burton Aus- wards weapons system acquisition, and re- President Sample transformed Jewish life at tralian Open—a feat he repeated in 2006. quires DOD to assign actual military units to USC by bolstering the school’s efforts to iden- His strong showing in Australia set the assist in the development and evaluation of tify, reach, and direct talented Jewish students stage for many future successes. Louie won major weapon systems. into community activities and involvement. He the 2008 US Grand Prix and was Grand Prix The central pillar of the defense acquisition also attracted successful Jewish philan- co-champion in 2009. This year alone, he won system is the acquisition workforce. Only thropists, through the Board of Trustees, gen- a bronze at the Winter Euro X Games, took through supporting, empowering, rewarding, erating unparalleled financial support to the second in superpipe at the US Open, and fin- and holding accountable the acquisition work- USC Hillel Foundation’s schools, centers and ished fifth in the halfpipe competition at the force can the defense acquisition system be institutes. President Sample is to be recog- Vancouver Olympic Games. The people of

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K14AP8.008 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS April 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E543 Bellefontaine and from across Ohio were CONTRATULATING THE UNIVER- ceptable to teach in any U.S. school, he proud to cheer on our native son at the SITY OF ALABAMA STUDENTS IN mopped floors at a coffee shop while he en- Games, spellbound by his amazing runs. FREE ENTERPRISE TEAM rolled in English classes and repeated his un- An all-around athlete, Louie became known dergraduate education and teacher training. At to millions more throughout the nation during HON. ROBERT B. ADERHOLT the age of 44, Mr. Escalante left his job at an electronics company, taking a pay cut, to join his appearances on ABC’s Dancing with the OF ALABAMA the math department at Garfield High School Stars last season. IN THE HOUSE OF REPRESENTATIVES in East Los Angeles. Madam Speaker, on behalf of the people of Wednesday, April 14, 2010 When Mr. Escalante arrived at Garfield in Ohio’s Fourth Congressional District, I am Mr. ADERHOLT. Madam Speaker, I would 1974, 85 percent of the students were low-in- honored to celebrate Louie’s accomplish- like to congratulate the University of Alabama come and the school was riddled with gang vi- ments, his dedication to sports, his integrity Students In Free Enterprise Team (UA–SIFE) olence and on the verge of losing its accredi- and work ethic, and his outstanding contribu- for winning their fourth consecutive Regional tation. Mr. Escalante taught lower level math tions to the Olympic tradition. We wish him all Championship. classes and soon earned a reputation for turn- the best in his career, and look forward to The UA–SIFE team was the League 9 ing around students who initially lacked moti- watching him compete again in the 2014 Champion and will be traveling to Minneapolis, vation. Escalante began teaching more difficult Olympic Winter Games. MN on May 10–13 to compete in National math classes which led to his establishment of Finals. an Advanced Placement (AP) calculus class f Founded in 2005, the UA–SIFE team has for students who were willing to work hard, re- grown from 5 members to 64 active members. jecting the usual markers of academic excel- PERSONAL EXPLANATION Since its inception UA–SIFE. has won lence, such as previous GPA scores. In 1978, Jaime Escalante enrolled 14 stu- Rookie of the Year, First Runner Up, Second dents in his first AP class. Only five students Runner Up at National’s and four consecutive survived his rigorous homework and attend- HON. CHRISTOPHER P. CARNEY Regional Championships. ance standards, and two passed the AP The University of Alabama has always OF PENNSYLVANIA exam. Two years later, seven of nine students upheld the highest standards of excellence in IN THE HOUSE OF REPRESENTATIVES passed the exam, and three years later, 14 of all its endeavors, and this team of outstanding 15 students passed. In 1982, Mr. Escalante student leaders is no exception. Wednesday, April 14, 2010 helped 18 students prepare for the AP test by During these tough economic times, I am working on lessons after school each day and Mr. CARNEY. Madam Speaker, on Tues- encouraged that students would give their time holding Saturday and summer classes. All 18 day, April 13, I was unable to cast my vote on and talent to teach others the principles of free students passed, with seven students earning three suspension bills. enterprise. a score of 5, the highest score possible on the I commend the leadership of Clinical Pro- Had I been present, I would like the record test. However, 14 of the 18 students were ac- fessor and Sam Walton Fellow David Ford on to reflect that I would have voted: ‘‘yes’’ on cused of cheating by the Education Testing his successful career not only with the Univer- rollcall vote 196, ‘‘yes’’ on rollcall vote 197, Service, and 12 students agreed to retake the and ‘‘yes’’ on rollcall vote 198. sity of Alabama but also as a soldier and a test. All 12 passed again under highly mon- business leader, and I look forward to the con- itored conditions. f tinuation of a tradition of solid and consistent In 1987, Garfield students took 129 AP cal- performance in both academics and free en- culus exams, more than all but four high IN RECOGNITION OF MS. SUSAN terprise. schools, public or private, in the country. That ERRETT CORD PEREIRA 70TH Madam Speaker, I congratulate each mem- year more than a quarter of all Mexican Amer- BIRTHDAY ber of this dedicated SIFE team, the alumni ican students in the United States who passed and the University of Alabama for their com- the calculus AP exam attended Garfield. mitment to achieving their fourth consecutive Jaime Escalante’s commitment to his students HON. MIKE ROGERS championship. and high standards allowed him to make Good luck at the Nationals. OF ALABAMA waves in the teaching world, drawing attention f on the national scale from educators across IN THE HOUSE OF REPRESENTATIVES HONORING THE LIFE OF JAIME A. America. Jaime Escalante’s achievements were high- Wednesday, April 14, 2010 ESCALANTE lighted in the 1988 movie ‘‘Stand and Deliver’’ Mr. ROGERS of Alabama. Madam Speaker, and the book ‘‘Escalante: The Best Teacher in I would like to request the House’s attention HON. GRACE F. NAPOLITANO America’’ by Jay Mathews. Mr. Escalante was today to pay recognition to Ms. Susan Errett OF CALIFORNIA instrumental in changing the notion that social Cord Pereira who will be turning 70 years old IN THE HOUSE OF REPRESENTATIVES class and race were the best indicators of who on May 21st. Ms. Pereira is both praised for Wednesday, April 14, 2010 could learn complex concepts and who could her entrepreneurial spirit as well as for her not. He proved that Hispanic, working class Mrs. NAPOLITANO. Madam Speaker, it is students from a failing school in East Los An- generosity. She is a great contribution to the with great reverence that I rise to honor the community. geles could achieve top educational goals if life of Jaime A. Escalante, a husband, father, they were given enough time and attention Ms. Pereira and her husband of 48 years, immigrant, and teacher who dedicated his life from a dedicated educator. William L. Pereira, Jr., have a natural eye for to educating and mentoring youth. Mr. Jaime A. Escalante was honored with sev- business. Together they have started several Escalante was most notable for his dynamic eral teaching awards, including the Presi- businesses which include Air California, Dia- role as a teacher at Garfield High School in dential Medal of Excellence in Education, the mond Sports, Inc., and a very well-known and East Los Angeles, California where he Andres Bello Prize from the Organization of respected Arabian horse farm. pressed disadvantaged students to reach new American States, and the Free Spirit Award Besides running successful companies with levels of understanding in mathematics and to from the Freedom Forum, as well as being in- her husband, Ms. Pereira uses her business pass the challenging AP calculus exam. He ducted into the National Teachers Hall of smarts to play a large role in many charities was instrumental in transforming one of the Fame in 1999. including Junior League, Dunn School Board lowest-performing high schools in the country I wish to express my sincere sympathy to of Trustees, Reno Chamber Music Board of into a national model for improving academic the family members that Mr. Escalante leaves Trustees, and is a co-sponsor of the Pereira achievement of disadvantaged children in all behind. He is survived by his wife, Fabiola, his Visiting Writers program at University of Cali- subjects. two children, Jaime Jr. and Fernando, and his fornia Irvine. Mr. Escalante was born on December 31, six grandchildren. I ask that all of my col- 1930, in La Paz, Bolivia. Early in his teaching leagues join me to honor Jaime Escalante’s She has five children, a passion for Arabian career, he taught at top-rated Bolivian schools commitment to our nation’s students and his horses, and is a Life Master in bridge. before he moved to California in 1963 to pur- achievements that have changed education in Best wishes and Happy Birthday to Ms. sue a more promising future for his family. Be- America and will continue to inspire educators Susan Errett Cord Pereira. cause his Bolivian credentials were not ac- and students for years to come.

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A14AP8.015 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS E544 CONGRESSIONAL RECORD — Extensions of Remarks April 14, 2010 NUCLEAR POSTURE REVIEW What the new security guarantee in NPR of- hires many clients through the organization’s fers is an incentive for those nations that do JobSource Community Employment Program HON. IKE SKELTON not seek nuclear weapons and comply with and passionately assists these individuals in OF MISSOURI the NPT. developing their skills. The Business of the IN THE HOUSE OF REPRESENTATIVES We have an unmatched conventional mili- Year award recipient is Framing Concepts tary capability at our hands, and my col- Gallery, which gives tremendous support to Wednesday, April 14, 2010 leagues should not try to minimize this very the organization’s Art Enrichment Program. Mr. SKELTON. Madam Speaker, one of the powerful tool in our toolkit. The Jeanne Baird Volunteer of the Year award most serious threats facing our nation today is Our new nuclear policy seeks to strengthen recipient is Cheryl Kozrowski. Cheryl continu- the risk of terrorist organizations like al Qaeda strategic deterrence and stability at reduced ously and selflessly gives her time to Oppor- obtaining nuclear weapons—and we can all nuclear force levels, with the New START tunity Enterprises and its many programs. The rest assured that they are trying their hardest Treaty that we signed with Russia last week JobSource Client of the Year award recipient to turn this risk into a reality. as an important first step. It also strengthens is Mike Biggs. Mike has been employed This is much different than the nuclear regional deterrence, broadening regional secu- through the JobSource Program for eighteen threat we faced thirty years ago in the midst rity architectures—including through missile years. Despite being hearing impaired, Mike of the Cold War. We no longer need to build defenses and improved conventional forces— maintains an outstanding positive attitude and up our nuclear stockpile to prepare for a world to provide reassurance to our partners and al- is beloved by everyone who works with him. war. That threat is diminishing, instead being lies. The Amazing Client of the Year award recipi- replaced by the risk of nuclear materials being Finally, the NPR maintains a robust nuclear ents are: Samuel Collins, Paula Norfleet, and spread to countries and terrorists who are deterrence and sustains it by investing in our Derek Rogers. Samuel, who receives respite hostile to the U.S. As this nuclear landscape existing stockpile and the workforce that main- services, has made remarkable progress since continues to change, we cannot be effective in tains it—a process that will keep our nuclear becoming an Opportunity Enterprises client. protecting our great nation unless our nuclear weapons reliable, safe, and secure without the Paula is employed through the Supported Em- policy changes, too. need to make new nuclear warheads. ployment Program and the Community Em- Over the past several weeks, the Obama Madam Speaker, this is not 1980. The nu- ployment Program. Although she has limited administration has made historic efforts to fi- clear threats facing our nation have moved be- use of her hands and legs, Paula is constantly nally bring our nuclear policy out of the Cold yond those of the Cold War, and we must helping and supporting other clients. Derek is War era and into the 21st century. This is an move our nuclear policy beyond the narrow involved in the Supported Living Department administration that recognizes the importance Cold War mentality. President Obama is tak- and has made extraordinary improvement of pursuing a comprehensive agenda to pre- ing the right steps to match up our nuclear since joining the team at Opportunity Enter- vent the spread of nuclear weapons to our en- policy with our current needs, and I commend prises. For their dedication and commitment to emies and to secure vulnerable nuclear mate- him for his leadership to protect American Opportunity Enterprises and the community of rials from those who seek to do us harm. families. Northwest Indiana, the 2010 Achievement Earlier this month, the President released f the Nuclear Posture Review, a responsible Award recipients are to be commended. plan that aligns our nuclear strategy to better OPPORTUNITY ENTERPRISES Opportunity Enterprises also honored and address the threats we face today. We know congratulated President and Chief Executive that it doesn’t make sense to try to keep nu- HON. PETER J. VISCLOSKY Officer, Mr. Gary Mitchell, who will be retiring clear material away from terrorists by creating OF INDIANA this year. In 1986, Gary joined the team at more nuclear material. IN THE HOUSE OF REPRESENTATIVES Opportunity Enterprises as the Chief Executive The Nuclear Posture Review instead fo- Officer. Opportunity Enterprises has enjoyed Wednesday, April 14, 2010 cuses on taking steps to work with other na- unprecedented growth and success under tions to secure the nuclear material that is al- Mr. VISCLOSKY. Madam Speaker, it is with Gary’s leadership. In 1986, the organization ready out there—while at the same time mak- deep respect and admiration that I recognize served 263 individuals with disabilities on a ing sure that we maintain a robust nuclear de- Opportunity Enterprises Incorporated, which daily basis. Since then, Opportunity Enter- terrence here at home. hosted its Celebration of Achievement Award prises has constantly expanded and now The NPR, for the first time ever, places the Ceremony on Thursday, April 8, 2010, at serves over 1,000 individuals within Porter prevention of nuclear terrorism at the top of Strongbow Inn in Valparaiso, Indiana. Oppor- County and throughout Northwest Indiana. For our nuclear agenda. It defines key steps to tunity Enterprises honored the accomplish- the past 15 years, Opportunity Enterprises has strengthen our global non proliferation regime ments of members of its noteworthy staff, cli- received accreditation by the Commission on and keep nuclear material secure. Just yester- ents, volunteers and community partners. Op- Accreditation of Rehabilitation Facilities day, President Obama wrapped up a historic portunity Enterprises also paid special tribute (CARF), a not-for-profit organization that es- nuclear security summit here in Washington, to President and Chief Executive Officer, Mr. tablishes standards of quality for service to where nearly 50 nations committed to secure Gary Mitchell, who will be retiring in June of people with disabilities. For his efforts over the all of their nuclear material in four years. This this year. For his outstanding leadership and years on behalf of his community, Gary has is a significant achievement, and makes real his lifelong commitment to those in need, he received numerous honors, including the Indi- progress toward keeping this dangerous mate- is worthy of our respect and admiration. ana Association of Rehabilitation Facilities rial out of the hands of those who seek to do Opportunity Enterprises is a non-profit orga- (INARF) President’s Award in 1992 and the us harm. nization that serves to create opportunities for Sagamore of the Wabash in 1993 from then- The NPR also renews our commitment to individuals with unique challenges and abili- Governor EVAN BAYH. For his selfless and hold fully accountable any state, terrorist ties. Because of many dedicated, loyal, and passionate support for helping individuals to group, or other entity that supports or enables passionate people who believe in the organi- re-establish their roles in community life, Mr. terrorist efforts to obtain or use weapons of zation and its goals, Opportunity Enterprises is Mitchell is to be commended and admired. mass destruction. able to provide day and enrichment services, Madam Speaker, I have heard some critics residential and children’s programs, and voca- Gary’s dedication to the people he serves is try to distort the facts about this piece of the tional opportunities for individuals of all ages matched only by his devotion to his family. NPR, but here is the truth: whether they have physical, emotional or de- Gary has been married to his wife, Paula, for President Obama made it very clear that if velopmental disabilities. an astonishing 44 years. They have three chil- we see states developing biological or chem- This year, Opportunity Enterprises honored dren and seven grandchildren. ical weapons that we think endanger our safe- individuals and organizations who have played Madam Speaker, I ask that you and my ty, he reserves the right to revise this policy. a major role in their success. The Spirit of Op- other distinguished colleagues join me in hon- He also made it clear that if any state not portunity Enterprises award recipient is Jake oring the Opportunity Enterprises 2010 compliant with the Non-Proliferation Treaty— Wagner. Jake has been a board member for Achievement Award winners, as well as Mr. and this includes countries like Iran and North many years and has played an instrumental Gary Mitchell, for their outstanding contribu- Korea—were to attack us with chemical or bio- role in terms of property acquisition, identifying tions. Their unwavering commitment to im- logical weapons, Secretary Gates made it lead donors, and seeking grant funding. The proving the quality of life for countless individ- clear that ‘‘all options are on the table,’’ includ- Community Employer of the Year award re- uals in Northwest Indiana is truly inspirational, ing responding with nuclear weapons. cipient is Strack and Van Til. The company and they are worthy of the highest praise.

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A14AP8.020 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS April 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E545 RECOGNIZING THE EMERGENCY These talented students are collecting It is my honor to rise today to recognize the NURSES ASSOCIATION healthy breakfast and lunch items to distribute Sikh festival of Vaisakhi and recognize the to Loudoun County families this summer. achievements and contributions of all Amer- HON. LOIS CAPPS Many families depend on free and reduced ican Sikhs to our country. OF CALIFORNIA price hot meals for their children during the f IN THE HOUSE OF REPRESENTATIVES school year, and will greatly benefit for receiv- RECOGNIZING THE UNITED WAY Wednesday, April 14, 2010 ing meals during the summer months. This is the second food drive that the VOLUNTEERS OF EAST TEN- Mrs. CAPPS. Madam Speaker, I rise today Loudoun Country Day students have imple- NESSEE to recognize the Emergency Nurses Associa- mented this year. Last fall, the students col- tion and to congratulate them on their 40th an- lected 1,296 pounds of food that allowed 40 HON. DAVID P. ROE niversary. families to have a complete Thanksgiving OF TENNESSEE The Emergency Nurses Association, or feast. IN THE HOUSE OF REPRESENTATIVES ENA, is the only professional nursing associa- I ask that my colleagues join me in con- Wednesday, April 14, 2010 tion dedicated to defining the future of emer- gratulating the following students for their Mr. ROE of Tennessee. Madam Speaker, I gency nursing and emergency care through commitment to helping the hungry in their rise today to commend the United Way volun- advocacy, expertise, innovation and leader- community. teers of Washington County, Jonesborough, ship. It boasts more than 37,000 members Aidan Kennedy worldwide. Alex Moran and Johnson City for their service to East Ten- Founded in 1970 as the Emergency Depart- Annabella Stavrou nessee. I am proud of the example these fine ment Nurses Association and led by Anita M. Ben Kowkowski volunteers set and for all they give back to the Dorr, RN and Judith C. Kelleher, RN, it was Greyson Sequino great state of Tennessee. originally established to set standards for best Hunter Gowin Nearly 125 volunteers will be attending the practices in emergency nursing care. It also Lindsey Fouty annual Volunteer Breakfast on April 23, 2010. provided continuing education programs for Lyndsey Coleman With approximately 150 volunteers of their emergency nurses and a united voice for Lauren Miller own, United Way of Washington County part- nurses involved in emergency care. In 1985, Peyton Carter ners with many other organizations and thou- the Association name was changed to Emer- TJ Donovan sands of other volunteers to change the lives gency Nurses Association, ENA. Lauren Rubino of people in East Tennessee. Among its many accomplishments, ENA McKenna Martinez I sincerely thank the United Way of Wash- published its first Roadway Safety Scorecard Maddi Moran ington County and all partnering organizations in 2006, providing an overview of the kinds of Ella Parsons for all they do for the Volunteer State. roadway laws that prevent injuries and save Brian Wilmans f lives, and a listing of the States that have en- Christophe Atkinson WELCOMING HEARTLAND CHURCH acted those laws. The initial report and the fol- Luke Miller low-up report in 2008 have provided the impe- Stephen Kalivokas tus for more States to pass roadway laws that Drew Johnson HON. KENNY MARCHANT protect lives and prevent injuries. Gabrielle Latimer OF TEXAS ENA is also working to make emergency Zyannah Malick IN THE HOUSE OF REPRESENTATIVES departments safer by pressing for Occupa- f Wednesday, April 14, 2010 tional Safety and Health Administration stand- COMMEMORATION OF VAISAKHI Mr. MARCHANT. Madam Speaker, it is with ards that would help prevent violence in emer- great pleasure and pride that I rise today to gency departments. A recent ENA report on HON. MICHAEL M. HONDA welcome Heartland Church to its new location workplace violence found that more than half in the 24th District of Texas. Heartland Church of emergency nurses have been physically as- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES has been a centerpiece of spiritual growth and saulted on the job in the past 3 years and community outreach in the greater Irving area scores more endure verbal abuse regularly. Wednesday, April 14, 2010 for 58 years. Violence in the emergency department ad- Mr. HONDA. Madam Speaker, I rise today On Christmas Eve of 1951, The First United versely affects patient care and also puts pain commemoration of Vaisakhi, a festival cele- Pentecostal Church of Irving held its inaugural tients themselves at risk of assault or worse. brating the founding of the Khalsa Sikh com- service in the Irving Community Center. This Madam Speaker, I ask my colleagues to join munity in 1699. It has special significance for was the beginning of the rich spiritual history me in thanking the Emergency Nurses Asso- Sikhs because the tenth guru, Guru Gobind of Heartland Church which today has grown ciation and its more than 37,000 members for Singh, chose Vaisakhi as the occasion to for- into a caring, compassionate, service centered their commitment to establishing public poli- malize the Sikh identity and religious practice congregation. Soon after opening, The First cies that reduce the need for emergency care by forming the Khalsa, the body of initiated United Pentecostal Church of Irving moved and for working to improve the quality of that Sikhs. Vaisakhi also marks the new solar year from the Irving Community Center to its first care when it is needed. I also ask that my col- and harvest season. building on Camano Road and then eventually leagues join me in congratulating ENA on the I would also like to take this opportunity to to Story Road. Heartland Church has made occasion of its 40th anniversary. recognize the contributions American Sikhs several building transitions and a name f make to our society. According to the 2000 change (originally Christ Temple and then RECOGNIZING THE THIRD GRADE Census, more than 650,000 Sikhs live in the later Heartland Church) to more adequately STUDENTS AT LOUDOUN COUN- United States, and more than 250,000 reside reflect its desire to meet the needs of its con- TRY DAY SCHOOL in my home state of California. Throughout gregation and the community. In December of history, American Sikhs have made great con- 1984, the building dedication ceremony was HON. FRANK R. WOLF tributions to our cultural landscape, the gov- held for what Heartland Church called home ernment, business and civil sector, as well as up until December 2009. OF VIRGINIA the military. In 1956, the Hon. Dalip Singh Guided by faith, in 2000, Heartland Church IN THE HOUSE OF REPRESENTATIVES Saund was the first Sikh, Asian- or Indian- made the decision to purchase 25.8 acres lo- Wednesday, April 14, 2010 American elected to the House of Representa- cated on the west side of Highway 161. But Mr. WOLF. Madam Speaker, I rise today to tives. In addition to making great progress for God in His infinite wisdom had other plans recognize the third grade students at the racial equality and diversity in American gov- and that was to bring Heartland Church to Loudoun Country Day School in Leesburg, Vir- ernment, Rep. Saund was instrumental in end- Carrollton. Today, through the vision and lead- ginia. They are conducting a food drive called ing statutory discrimination against Asian- and ership of the church’s founders and with the ‘‘Kids Helping Kids’’ to benefit Loudoun Inter- Indian-Americans by working to grant natu- help of the surrounding community, Heartland faith Relief. I am honored to recognize the on- ralization rights for immigrants from the Phil- Church has flourished from a small congrega- going contributions of these special young ippines and India. Around the country, Sikhs tion, meeting in a 3,000 square foot building, people to help feed the hungry in their com- serve as mayors, business leaders, athletes, to a thriving congregation with more than munity. actors and other leadership positions. 22,000 square feet of meeting space.

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A14AP8.021 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS E546 CONGRESSIONAL RECORD — Extensions of Remarks April 14, 2010 On behalf of the 24th District of Texas, I Mr. Ford is a lifelong environmentalist and HONORING WILMA PEARL would like to welcome Heartland Church to its throughout his time at Ford he has not only MANKILLER new location in Carrollton, Texas. I am certain given to our environment through personal that Heartland Church will succeed and con- choices, but has proposed rigorous environ- tinue to be an example of Christ’s love to oth- mental policy changes for the company. The HON. EDDIE BERNICE JOHNSON ers in the community. company published its first corporate citizen- OF TEXAS f ship report in 2000 with him at the helm. The report assessed the environmental, economic, IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION and social ramifications of the company’s Wednesday, April 14, 2010 projects and products around the world. In HON. JIM JORDAN 2004, while Mr. Ford was CEO, the company Ms. EDDIE BERNICE JOHNSON of Texas. finished the world’s largest brownfield rec- Madam Speaker, I rise today in support of H. OF OHIO lamation project with the Ford Rouge Center Res. 1237 to honor Wilma Pearl Mankiller, the IN THE HOUSE OF REPRESENTATIVES in Detroit. As a long-time advocate of hybrid first female Chief of the Cherokee Nation, who Wednesday, April 14, 2010 vehicle technologies, Mr. Ford not only owns passed away on April 6, 2010. Mr. JORDAN of Ohio. Madam Speaker, I a hybrid, but has overseen the launch of ex- Wilma Mankiller was a remarkable human was absent from the House Floor during four pansive plans to offer electric and hybrid-pow- being and served as Principal Chief of the recent rollcall votes. ered automobiles to consumers. Cherokee Nation from 1985 to 1995. While Had I been present, I would have voted in In addition to his work with Ford Motor Cherokee culture has traditionally embraced favor of H. Res. 1215, H. Res. 1222, H. Res. Company, Mr. Ford is a vice chairman of the the concept of both male and female leader- 1041, and H. Res. 1042. Detroit Lions and has championed the envi- ship, this custom had fallen out of practice in recent years. At the time she became Chief, f ronmentally friendly stadium in Detroit. He chairs the Detroit Economic Club board, co- the hierarchical system of the Cherokee Na- HONORING WILLIAM CLAY FORD chaired the National Summit in 2009, is the tion had become male dominated, and ON HIS SELECTION AS A MICHI- vice chair of the Business Leaders for Michi- Mankiller faced numerous gender barriers in GAN GREEN LEADER gan, serves on the board of directors of eBay, becoming and serving as Chief. During her and is a member of the board of trustees for tenure, she would go to great lengths to resur- HON. JOHN D. DINGELL The Henry Ford. rect the balance of male and female leadership in the Cherokee Nation, and additionally, This is the first year the Detroit Free Press OF MICHIGAN she worked to reinvigorate the Nation through has held the Green Leaders event. Mr. Ford is IN THE HOUSE OF REPRESENTATIVES community projects and programs. a superb choice. His great drive and dedica- Wednesday, April 14, 2010 tion are assets to us, our community, and our Throughout our daily lives, we rarely stop to Mr. DINGELL. Madam Speaker, I rise today environment. reflect on the remarkable accomplishments of in honor of William Clay Ford Jr. Mr. Ford has women across the country and world. I am been chosen as one of 16 people and institu- f emboldened by people like Wilma Mankiller tions by the Detroit Free Press as a Michigan who worked diligently for others and tore down Green Leader. Selected from over 300 nomi- RECOGNIZING NEW YORK LGBT gender barriers in the process. Today young nations, Mr. Ford will be recognized on April HEALTH MONTH girls know that they too can grow up to be- 22 as part of a 40th anniversary celebration of come Indian Chiefs and it is because of the Earth Day. Green Leaders are people or enti- work and life of Wilma Mankiller that this is ties who have had exceptional impact on the HON. PAUL TONKO true. community through their leadership and con- OF NEW YORK Madam Speaker, Wilma Mankiller was a tributions in their efforts to protect our environ- great leader and extraordinary advocate for ment. IN THE HOUSE OF REPRESENTATIVES the Cherokee Nation. I ask my fellow col- Born May 3, 1957, in Detroit, Michigan, Mr. Wednesday, April 14, 2010 leagues to join me today in honoring her Ford is the great-grandson of both Henry Ford memory and celebrating her distinguished life and Harvey Firestone. He received a bachelor Mr. TONKO. Madam Speaker, I rise today and work. of arts degree from Princeton University in to recognize March 2010 as Lesbian, Gay, Bi- 1979 and a master of science degree in man- sexual and Transgender, or LGBT Health f agement as an Alfred P. Sloan fellow from Month in the state of New York. The health Massachusetts Institute of Technology in and happiness of all LGBT individuals in New OUR UNCONSCIONABLE NATIONAL 1984. Immediately after graduating from York and across the country is of tremendous DEBT Princeton, Mr. Ford went to work as a financial importance. I applaud the efforts of the analyst for Ford Motor Company. In his first 10 Healthcare Committee in organizing LGBT years with Ford he held 11 jobs. In 1987 he month for March 2010, and I look forward to HON. MIKE COFFMAN became managing director for Ford Switzer- seeing this tradition grow and thrive in the OF COLORADO land and in 1990 he was head of business years to come. IN THE HOUSE OF REPRESENTATIVES strategy. In 1992 he was appointed general The Healthcare Committee of the NYS manager of Climate Control Division where he LGBT Health and Human Services Network, in Wednesday, April 14, 2010 created the company’s first wildlife habitat at a conjunction with the Empire State Pride Agen- Mr. COFFMAN of Colorado. Madam Speak- plant and established the first automotive plant da, declared the theme of this year’s inaugural er, today our national debt is to use 25 percent post-consumer materials in event ‘‘31 Ways for 31 Days.’’ The Committee $12,831,193,383,690.69. all of its plastic parts. Under his lead, the divi- has gathered 31 simple and useful health tips, sion won the President’s Commission on Envi- one for each day in March, to serve as a re- On January 6th, 2009, the start of the 111th ronmental Quality Award for the substitution of source for the LGTB community. Congress, the national debt was water for hazardous chemicals in a production $10,638,425,746,293.80. process. He was elected vice president and LGTB Health Month is an opportunity for the LGTB community, and all New Yorkers, to This means the national debt has increased headed the Commercial Truck Vehicle Center by $2,192,767,637,396.89 so far this Con- in 1994 and in 1995 took the chair of the unite around the common goal of good health. In following the 31 Ways for 31 Days, we are gress. The debt has increased board of directors finance committee. He was $4,813,927,403.84 since just yesterday. elected chairman of the board of directors and all reminded that a healthy community is also took office at the start of 1999, served as a happy community. This debt and its interest payments we are Ford’s chief executive officer from October of Madam Speaker, I ask that you and my dis- passing to our children and all future Ameri- 2001 to September of 2006, and was subse- tinguished colleagues join me in recognizing cans. quently named executive chairman. March 2010 as New York LGTB Health Month.

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A14AP8.025 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS April 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E547 SENATE COMMITTEE MEETINGS Judiciary parcels of land to the town of Mantua, Title IV of Senate Resolution 4, To hold an oversight hearing to examine Utah, S. 2798, to reduce the risk of cat- the Department of Justice, Civil Rights astrophic wildfire through the facilita- agreed to by the Senate on February 4, Division. tion of insect and disease infestation 1977, calls for establishment of a sys- SD–226 treatment of National Forest System tem for a computerized schedule of all 10:30 a.m. and adjacent land, S. 2830, to amend meetings and hearings of Senate com- Appropriations the Surface Mining Control and Rec- mittees, subcommittees, joint commit- State, Foreign Operations, and Related lamation Act of 1977 to clarify that tees, and committees of conference. Programs Subcommittee uncertified States and Indian tribes This title requires all such committees To hold hearings to examine proposed have the authority to use certain pay- budget estimates for fiscal year 2011 for to notify the Office of the Senate Daily ments for certain noncoal reclamation operations and programs of the U.S. projects, and S. 2963, to designate cer- Digest—designated by the Rules Com- Agency for International Development. mittee—of the time, place, and purpose tain land in the State of Oregon as wil- SD–192 derness, to provide for the exchange of of the meetings, when scheduled, and 11 a.m. certain Federal land and non-Federal any cancellations or changes in the Homeland Security and Governmental Af- land. meetings as they occur. fairs SD–366 As an additional procedure along To hold hearings to examine border secu- Small Business and Entrepreneurship rity. with the computerization of this infor- To examine the President’s proposed SD–342 mation, the Office of the Senate Daily budget request for fiscal year 2011 for 2 p.m. the Small Business Administration. Digest will prepare this information for Homeland Security and Governmental Af- SR–428A printing in the Extensions of Remarks fairs section of the CONGRESSIONAL RECORD To hold hearings to examine the nomina- Armed Services on Monday and Wednesday of each tions of Michael D. Kennedy, of Geor- Strategic Forces Subcommittee week. gia, and Dana Katherine Bilyeu, of Ne- To hold hearings to examine environ- Meetings scheduled for Thursday, vada, both to be a Member of the Fed- mental management funding in review of the Defense Authorization request April 15, 2010 may be found in the Daily eral Retirement Thrift Investment Board, Dennis P. Walsh, of Maryland, for fiscal year 2011 and funding under Digest of today’s RECORD. to be Chairman of the Special Panel on the American Recovery and Reinvest- Appeals, and Milton C. Lee, Jr., Judith ment Act. MEETINGS SCHEDULED Anne Smith, and Todd E. Edelman, all SR–222 APRIL 16 to be an Associate Judge of the Supe- APRIL 22 9:30 a.m. rior Court of the District of Columbia. Homeland Security and Governmental Af- SD–342 9:15 a.m. fairs 2:30 p.m. Health, Education, Labor, and Pensions Intelligence Investigations Subcommittee To hold hearings to examine Elementary To hold closed hearings to consider cer- To resume hearings to examine Wall and Secondary Education Act (ESEA) tain intelligence matters. Street and the financial crisis, focusing reauthorization, focusing on meeting SH–219 on the role of bank regulators. the needs of the whole student. SD–106 SD–106 APRIL 21 10 a.m. 9:30 a.m. Judiciary 9:30 a.m. Armed Services To hold hearings to examine the nomina- Veterans’ Affairs To hold hearings to examine the Nuclear tions of Goodwin Liu, of California, to To hold an oversight hearing to examine Posture Review. be United States Circuit Judge for the implementation of the new post-9/11 SD–G50 Ninth Circuit, Kimberly J. Mueller, to Government Issue (GI) Bill. 10 a.m. be United States District Judge for the SR–418 Appropriations Eastern District of California, Richard 10 a.m. Commerce, Justice, Science, and Related Mark Gergel, and J. Michelle Childs, Armed Services Agencies Subcommittee both to be United States District Judge Emerging Threats and Capabilities Sub- To hold hearings to examine proposed for the District of South Carolina, and committee budget estimates for fiscal year 2011 for Catherine C. Eagles, to be United To hold hearings to examine non- the National Aeronautics and Space States District Judge for the Middle proliferation programs at the Depart- Administration. District of North Carolina. ments of Defense and Energy in review SD–192 SD–226 of the Defense Authorization request 2:15 p.m. for fiscal year 2011 and the Future Indian Affairs Years Defense Program. APRIL 20 To hold hearings to examine the discus- SR–222 9:30 a.m. sion draft of the ‘‘Indian Energy Pro- Homeland Security and Governmental Af- motion and Parity Act of 2010’’. Armed Services fairs SD–628 To hold hearings to examine ballistic To hold hearings to examine the lessons 2:30 p.m. missile defense policies and programs and implications of the Christmas Day Intelligence in review of the Defense Authorization attack, focusing on securing the visa To hold closed hearings to consider cer- request for fiscal year 2011 and the Fu- process. tain intelligence matters. ture Years Defense Program; with the SD–342 SH–219 possibility of a closed session in SVC– Judiciary 217 following the open session. To hold hearings to examine combating Commission on Security and Cooperation SD–G50 cyber crime and identity theft in the in Europe Health, Education, Labor, and Pensions digital age. To hold hearings to examine the link be- To hold hearings to examine protection SD–226 tween revenue transparency and from premiums. 10:30 a.m. human rights, focusing on programs SD–430 Appropriations such as the Extractive Industries 10 a.m. Defense Subcommittee Transparency Initiative (EITI) and Energy and Natural Resources To hold hearings to examine proposed their ability to improve human right in To hold hearings to examine S. 1856, to budget estimates for fiscal year 2011 for resource-rich countries. amend the Energy Policy Act of 2005 to Missile Defense Agency programs. SD–430 clarify policies regarding ownership of SD–192 pore space, and S. 1134, to ensure the 2:30 p.m. APRIL 27 energy independence and economic via- Commerce, Science, and Transportation 10 a.m. bility of the United States by pro- To hold hearings to examine securing the Energy and Natural Resources moting the responsible use of coal nation’s rail and other surface trans- To hold hearings to examine the nomina- through accelerated carbon capture portation networks. tions of Philip D. Moeller, of Wash- and storage and through advanced SR–253 ington, and Cheryl A. LaFleur, of Mas- clean coal technology research, devel- Energy and Natural Resources sachusetts, both to be a Member of the opment, demonstration, and deploy- Public Lands and Forests Subcommittee Federal Energy Regulatory Commis- ment programs. To hold hearings to examine S. 1546, to sion. SD–366 provide for the conveyance of certain SD–366

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\M14AP8.000 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS E548 CONGRESSIONAL RECORD — Extensions of Remarks April 14, 2010 APRIL 28 ignate certain lands in San Miguel, MAY 5 2 p.m. Ouray, and San Juan Counties, Colo- 9:30 a.m. Health, Education, Labor, and Pensions rado, as wilderness, S. 3075, to with- Veterans’ Affairs draw certain Federal land and interests To hold hearings to examine Elementary To hold an oversight hearing to examine in that land from location, entry, and and Secondary Education Act (ESEA) Veterans Affairs (VA) Disability Com- patent under the mining laws and dis- reauthorization, focusing on standards position under the mineral and geo- pensation, focusing on presumptive dis- and assessments. thermal leasing laws, S. 3185, to require ability decision-making. SD–430 the Secretary of the Interior to convey SR–418 2:30 p.m. certain Federal land to Elko County, 10 a.m. Energy and Natural Resources Nevada, and to take land into trust for United States Senate Caucus on Inter- Public Lands and Forests Subcommittee the Te-moak Tribe of Western Sho- national Narcotics Control To hold hearings to examine S. 1241, to shone Indians of Nevada, and H.R. 86, To hold hearings to examine violence in amend Public Law 106–206 to direct the to eliminate an unused lighthouse res- Mexico and Ciudad Juarez and its im- Secretary of the Interior and the Sec- ervation, provide management consist- plications for the United States. retary of Agriculture to require annual ency by incorporating the rocks and SD–124 permits and assess annual fees for com- small islands along the coast of Orange mercial filming activities on Federal County, California, into the California MAY 19 land for film crews of 5 persons or Coastal National Monument managed 9:30 a.m. fewer, S. 1571 and H.R. 1043, bills to pro- by the Bureau of Land Management, Veterans’ Affairs vide for a land exchange involving cer- and meet the original Congressional in- tain National Forest System lands in tent of preserving Orange County’s To hold hearings to examine pending leg- the Mendocino National Forest in the rocks and small islands. islation. State of California, S. 2762, to des- SD–366 SR–418

VerDate Nov 24 2008 04:53 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\M14AP8.000 E14APPT1 pwalker on DSK8KYBLC1PROD with REMARKS Wednesday, April 14, 2010 Daily Digest Senate Pending: Chamber Action Baucus Modified Amendment No. 3721, in the Routine Proceedings, pages S2251–S2329 nature of a substitute. Pages S2266–69 Measures Introduced: Eleven bills and five resolu- Coburn Amendment No. 3726 (to Amendment tions were introduced, as follows: S. 3197–3207, S. No. 3721), to pay for the full cost of extending ad- Res. 479–482, and S. Con. Res. 57. Page S2295 ditional unemployment insurance and other Federal programs. Page S2286 Measures Passed: Coburn Amendment No. 3727 (to Amendment Expressing Sympathy for the People of Poland: No. 3721), to pay for the full cost of extending ad- Senate agreed to S. Res. 479, expressing sympathy ditional unemployment insurance and other Federal for the people of Poland in the aftermath of the dev- programs. Pages S2286–88 astating plane crash that killed the country’s Presi- A motion was entered to close further debate on dent, First Lady, and 94 other high ranking govern- Baucus Modified Amendment No. 3721 (listed ment, military, and civic leaders on April 10, 2010. above), and, in accordance with the provisions of Pages S2251–54 Rule XXII of the Standing Rules of the Senate, a National Congenital Diaphragmatic Hernia vote on cloture will occur on Friday, April 16, 2010. Awareness Day: Committee on the Judiciary was Page S2288 discharged from further consideration of S. Res. 204, A motion was entered to close further debate on designating March 31, 2010, as ‘‘National Con- the bill, and, in accordance with the provisions of genital Diaphragmatic Hernia Awareness Day’’, and Rule XXII of the Standing Rules of the Senate, a vote on cloture will occur upon disposition of Bau- the resolution was then agreed to. Pages S2325–26 cus Modified Amendment No. 3721 (listed above). 25th Anniversary of the Blackstone Valley Tour- Page S2288 ism Council: Committee on the Judiciary was dis- During consideration of this measure today, Senate charged from further consideration of S. Res. 468, also took the following action: honoring the Blackstone Valley Tourism Council on By 58 yeas to 40 nays (Vote No. 110), three-fifths the celebration of its 25th anniversary, and the reso- of those Senators duly chosen and sworn, not having lution was then agreed to. Page S2326 voted in the affirmative, Senate rejected the motion National 9–1–1 Education Month: Senate agreed to waive pursuant to section 904 of the Congres- to S. Res. 482, designating April 2010 as ‘‘National sional Budget Act of 1974 and section 4(g)(3) of the 9–1–1 Education Month’’. Pages S2326–27 Statutory Pay-As-You-Go Act of 2010, all applicable provisions of those Acts and applicable budget reso- Measures Considered: lutions, with respect to the emergency designation Continuing Extension Act—Agreement: Senate provision within Baucus Modified Amendment No. continued consideration of H.R. 4851, to provide a 3721, in the nature of a substitute. Subsequently, temporary extension of certain programs, taking ac- the point of order that the emergency provision tion on the following amendments proposed thereto: within Baucus Modified Amendment No. 3721 (list- Pages S2265–69, S2275–89 ed above), was in violation of section 4(g) of the Rejected: Statutory Pay-As-You-Go Act of 2010, was sus- Coburn Modified Amendment No. 3723 (to tained, and the emergency designation within the Amendment No. 3721), to pay for the full cost of amendment was stricken. Page S2269 extending additional unemployment insurance and Senator Reid entered a motion to reconsider the other Federal programs by rescinding unspent Fed- vote by which the motion to waive pursuant to sec- eral funds not obligated for any purpose. (By 51 yeas tion 904 of the Congressional Budget Act of 1974 to 46 nays (Vote No. 111), Senate tabled the amend- and section 4(g)(3) of the Statutory Pay-As-You-Go ment.) Pages S2275–82 Act of 2010, all applicable provisions of those Acts D376

VerDate Nov 24 2008 07:31 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14AP0.REC D14APPT1 pwalker on DSK8KYBLC1PROD with DIGEST April 14, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D377 and applicable budget resolutions, with respect to Arthur Darrow Baylor, of Alabama, to be United Baucus Modified Amendment No. 3721, was re- States Marshal for the Middle District of Alabama jected. Page S2288 for the term of four years. By 60 yeas to 40 nays (Vote No. 112), three-fifths Michael Robert Bladel, of Iowa, to be United of those Senators duly chosen and sworn, having States Marshal for the Southern District of Iowa for voted in the affirmative, Senate upon reconsideration the term of four years. agreed to the motion to waive pursuant to section Kevin Anthony Carr, of Wisconsin, to be United 904 of the Congressional Budget Act of 1974 and States Marshal for the Eastern District of Wisconsin section 4(g)(3) of the Statutory Pay-As-You-Go Act for the term of four years. of 2010, all applicable provisions of those Acts and Darryl Keith McPherson, of Illinois, to be United applicable budget resolutions, with respect to the States Marshal for the Northern District of Illinois emergency designation provision within Baucus for the term of four years. Modified Amendment No. 3721, in the nature of a Kevin Charles Harrison, of Louisiana, to be substitute. Subsequently, the motion to waive the United States Marshal for the Middle District of point of order made pursuant to section 4(g) of the Louisiana for the term of four years. Statutory Pay-As-You-Go Act of 2010, having been 34 Navy nominations in the rank of admiral. reconsidered and agreed to, the Chair’s previous ac- Routine lists in the Foreign Service, National tion sustaining the point of order is annulled, and Oceanic and Atmospheric Administration, and Navy. the language previously stricken by the Chair is now Pages S2327–29 restored to the amendment. Page S2288 A unanimous-consent agreement was reached pro- Nomination Withdrawn: Senate received notifica- viding for further consideration of the bill at ap- tion of withdrawal of the following nomination: proximately 10:30 a.m., on Thursday, April 15, Stephanie Villafuerte, of Colorado, to be United States Attorney for the District of Colorado for the 2010. Page S2327 term of four years, which was sent to the Senate on Nominations Received: Senate received the fol- September 30, 2009. Page S2329 lowing nominations: Edward Carroll DuMont, of the District of Co- Messages from the House: Page S2293 lumbia, to be United States Circuit Judge for the Executive Communications: Pages S2293–95 Federal Circuit. Additional Cosponsors: Pages S2295–96 John A. Gibney, Jr., of Virginia, to be United States District Judge for the Eastern District of Vir- Statements on Introduced Bills/Resolutions: ginia. Pages S2296–S2302 Donald J. Cazayoux, Jr., of Louisiana, to be Additional Statements: Pages S2291–93 United States Attorney for the Middle District of Amendments Submitted: Pages S2302–24 Louisiana for the term of four years. Pamela Cothran Marsh, of Florida, to be United Notices of Hearings/Meetings: Page S2324 States Attorney for the Northern District of Florida Authorities for Committees to Meet: for the term of four years. Pages S2324–25 Zane David Memeger, of Pennsylvania, to be Privileges of the Floor: Page S2325 United States Attorney for the Eastern District of Pennsylvania for the term of four years. Record Votes: Three record votes were taken today. Peter J. Smith, of Pennsylvania, to be United (Total—112) Page S2269, S2282, S2288 States Attorney for the Middle District of Pennsyl- Adjournment: Senate convened at 9:31 a.m. and vania for the term of four years. adjourned at 8 p.m., until 9:30 a.m. on Thursday, Edward L. Stanton, III, of Tennessee, to be United April 15, 2010. (For Senate’s program, see the re- States Attorney for the Western District of Ten- marks of the Acting Majority Leader in today’s nessee for the term of four years. Record on page S2327.) John F. Walsh, of Colorado, to be United States Attorney for the District of Colorado for the term of Committee Meetings four years. Stephen R. Wigginton, of Illinois, to be United (Committees not listed did not meet) States Attorney for the Southern District of Illinois for the term of four years. APPROPRIATIONS: DEPARTMENT OF Henry Lee Whitehorn, Sr., of Louisiana, to be EDUCATION United States Marshal for the Western District of Committee on Appropriations: Subcommittee on Labor, Louisiana for the term of four years. Health and Human Services, Education, and Related

VerDate Nov 24 2008 07:31 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14AP0.REC D14APPT1 pwalker on DSK8KYBLC1PROD with DIGEST D378 CONGRESSIONAL RECORD — DAILY DIGEST April 14, 2010 Agencies concluded a hearing to examine proposed READINESS OF UNITED STATES FORCES budget estimates for fiscal year 2011 for the Depart- Committee on Armed Services: Subcommittee on Readi- ment of Education and the education jobs crisis, ness and Management Support concluded a hearing after receiving testimony from Arne Duncan, Sec- to examine the current readiness of United States retary of Education; Chris Bern, Iowa State Edu- forces, after receiving testimony from General Peter cation Association, Des Moines; Joe Morton, Ala- W. Chiarelli, Vice Chief of Staff, United States bama Department of Education, Montgomery; Marc Army, General James F. Amos, Assistant Com- S. Herzog, Connecticut Community Colleges, Hart- mandant, United States Marine Corps, Admiral Jon- ford; and Ramon C. Cortines, Los Angeles Unified athan Greenert, Vice Chief of Naval Operations, School District, Los Angeles, California. United States Navy, and General Carrol H. Chan- dler, Vice Chief of Staff, United States Air Force, all APPROPRIATIONS: NATIONAL AND of the Department of Defense. MILITARY INTELLIGENCE NATIONAL BROADBAND PLAN Committee on Appropriations: Subcommittee on Defense concluded a hearing to examine proposed budget es- Committee on Commerce, Science, and Transportation: timates for fiscal year 2011 for national and military Committee concluded a hearing to examine review- intelligence, after receiving testimony from Dennis ing the national broadband plan, after receiving tes- C. Blair, Director of National Intelligence, and timony from Julius Genachowski, Chairman, Federal James R. Clapper, Jr., Undersecretary for Intel- Communications Commission. ligence, both of the Department of Defense. IMPROVING TRANSPORTATION SAFETY Committee on Environment and Public Works: Com- APPROPRIATIONS: CONSUMER PRODUCT mittee concluded a hearing to examine opportunities SAFETY COMMISSION to improve transportation safety, after receiving testi- Committee on Appropriations: Subcommittee on Finan- mony from John D. Porcari, Deputy Secretary of cial Services and General Government concluded a Transportation; Kirk T. Steudle, Michigan Depart- hearing to examine proposed budget estimates for ment of Transportation Director, Lansing, on behalf fiscal year 2011 for the Consumer Product Safety of the American Association of State Highway and Commission, after receiving testimony from Inez Transportation Officials; Laura Dean-Mooney, Moth- Tenenbaum, Chairman, Consumer Product Safety ers Against Drunk Driving, Jacqueline S. Gillan, Commission. Advocates for Highway and Auto Safety, and Greg- ory M. Cohen, American Highway Users Alliance, U.S. POLICY TOWARDS ISLAMIC REPUBLIC all of Washington, D.C.; Deborah A. Hubsmith, OF IRAN Safe Routes to School National Partnership, Fairfax, Committee on Armed Services: Committee concluded California; and Ted R. Miller, Center for Public open and closed hearings to examine United States Health Improvement and Innovation, Calverton, policy towards the Islamic Republic of Iran, after re- Maryland. ceiving testimony from Michele A. Flournoy, Under UNEMPLOYMENT INSURANCE Secretary for Policy, General James E. Cartwright, USMC, Vice Chairman of the Joint Chiefs of Staff, Committee on Finance: Committee concluded a hearing and Lieutenant General Ronald L. Burgess, USA, Di- to examine using unemployment insurance to help rector of the Defense Intelligence Agency, all of the Americans get back to work, focusing on creating Department of Defense; William J. Burns, Under opportunities and overcoming challenges, after re- Secretary of State for Political Affairs; and Andrew ceiving testimony from Jane Oates, Assistant Sec- M. Gibb, National Intelligence Officer for Weapons retary of Labor for Employment and Training; Doug of Mass Destruction, National Intelligence Council. Holmes, Strategic Services on Unemployment and Workers Compensation, Washington, D.C.; Karen DEFENSE AUTHORIZATION Lee, National Association of State Workforce Agen- cies (NASWA), Olympia, Washington; and Mark Committee on Armed Services: Subcommittee on Stra- Zandi, Moody’s Analytics, West Chester, Pennsyl- tegic Forces concluded a hearing to examine strategic vania. forces programs of the National Nuclear Security Administration in review of the Defense Authoriza- WESTERN BALKANS tion request for fiscal year 2011, after receiving testi- Committee on Foreign Relations: Subcommittee on Eu- mony from Thomas P. D’Agostino, Administrator, ropean Affairs concluded a hearing to examine National Nuclear Security Administration, Depart- Southeast Europe, focusing on opportunities and ment of Energy. challenges in the Western Balkans, after receiving

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testimony from Philip H. Gordon, Assistant Sec- livery of compensation and medical benefits to de- retary of State for European and Eurasian Affairs; Al- ployed civilians, after receiving testimony from John exander Vershbow, Assistant Secretary of Defense for Berry, Director, Office of Personnel Management; International Security Affairs; Kurt Volker, Johns Patrick Kennedy, Under Secretary of State for Man- Hopkins University Center on Transatlantic Rela- agement; Clifford Stanley, Under Secretary of De- tions, Washington, D.C.; and Ivan Vejvoda, Balkan fense for Personnel and Readiness; and Janet A. St. Trust for Democracy, Belgrade, Serbia. Laurent, Managing Director, Defense Capabilities DEPLOYED FEDERAL CITIZENS and Management, Government Accountability Of- Committee on Homeland Security and Governmental Af- fice. fairs: Subcommittee on Oversight of Government Management, the Federal Workforce, and the Dis- DEPARTMENT OF JUSTICE OVERSIGHT trict of Columbia concluded a hearing to examine Committee on the Judiciary: Committee concluded an deployed Federal civilians, focusing on advancing se- oversight hearing to examine the Department of Jus- curity and opportunity in Afghanistan, and status ac- tice, after receiving testimony from Eric H. Holder, tions needed to improve the timely and accurate de- Jr., Attorney General, Department of Justice. h House of Representatives Eliminate Privacy Notice Confusion Act: H.R. Chamber Action 3506, amended, to amend the Gramm-Leach-Bliley Public Bills and Resolutions Introduced: 15 pub- Act to provide an exception from the continuing re- lic bills, H.R. 5013–5027; and 8 resolutions, H.J. quirement for annual privacy notices for financial in- Res. 82; and H. Res. 1246–1247, 1249–1253 were stitutions which do not share personal information introduced. Pages H2578–79 with affiliates; Pages H2513–14 Additional Cosponsors: Pages H2579–80 Agreed to amend the title so as to read: ‘‘To Report Filed: A report was filed today as follows: amend the Gramm-Leach-Bliley Act to provide an H. Res. 1248, providing for consideration of the exception from the continuing requirement for an- bill (H.R. 4715) to amend the Federal Water Pollu- nual privacy notices for financial institutions which tion Control Act to reauthorize the National Estuary do not change their policies and practices with re- Program, and for other purposes, waiving a require- gard to disclosing nonpublic personal information ment of clause 6(a) of rule XIII with respect to con- from the policies and practices that were disclosed in sideration of certain resolutions reported from the the most recent disclosure sent to consumers, and for Committee on Rules, and providing for consider- other purposes.’’. Page H2514 ation of motions to suspend the rules (H. Rept. Commending the American Sail Training Asso- 111–463). Page H2555 ciation: H. Res. 197, amended, to commend the Chaplain: The prayer was offered by the Guest American Sail Training Association for its advance- Chaplain, Bishop Fred T. Simms, Heart of God Min- ment of character building under sail and for its ad- istries, Beckley, WV. Page H2507 vancement of international goodwill; Pages H2514–16 Suspensions: The House agreed to suspend the rules John C. Godbold United States Judicial Admin- and pass the following measures: istration Building Designation Act: H.R. 4275, Haiti Debt Relief and Earthquake Recovery Act amended, to designate the annex building under of 2010: Agreed to the Senate amendments to H.R. construction for the Elbert P. Tuttle United States 4573, to urge the Secretary of the Treasury to in- Court of Appeals Building in Atlanta, Georgia, as struct the United States Executive Directors at the the ‘‘John C. Godbold United States Judicial Ad- International Monetary Fund, the World Bank, the ministration Building’’; Pages H2516–17 Inter-American Development Bank, and other multi- Agreed to amend the title so as to read: ‘‘To des- lateral development institutions to use the voice, ignate the annex building under construction for the vote, and influence of the United States to cancel Elbert P. Tuttle United States Court of Appeals immediately and completely Haiti’s debts to such Building in Atlanta, Georgia, as the ‘John C. institutions; Pages H2512–13 Godbold Federal Building’.’’. Page H2517

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Further proceedings were postponed: sit Regulation Compact; Pages H2521–22 Truth in Caller ID Act: H.R. 1258, amended, to Recognizing the Coast Guard Group Astoria’s amend the Communications Act of 1934 to prohibit more than 60 years of service to the Pacific North- manipulation of caller identification information; west: H. Res. 1062, amended, to recognize the Coast Pages H2522–24 Guard Group Astoria’s more than 60 years of service Agreed to amend the title so as to read: ‘‘To to the Pacific Northwest; Pages H2517–19 amend the Communications Act of 1934 to prohibit Recognizing the leadership and historical con- manipulation of caller ID information, and for other tributions of Dr. Hector Garcia: H. Con. Res. 222, purposes.’’ Page H2524 to recognize the leadership and historical contribu- Radio Spectrum Inventory Act: H.R. 3125, tions of Dr. Hector Garcia to the Hispanic commu- amended, to require an inventory of radio spectrum nity and his remarkable efforts to combat racial and bands managed by the National Telecommunications ethnic discrimination in the United States of Amer- and Information Administration and the Federal ica; and Pages H2519–21 2 Communications Commission, by a ⁄3 yea-and-nay Congratulating the Duke University men’s bas- vote of 394 yeas to 18 nays, Roll No. 201; ketball team for winning the 2010 NCAA Divi- Pages H2525–30, H2552–53 sion I Men’s Basketball National Championship: Authorizing the use of Emancipation Hall in H. Res. 1242, to congratulate the Duke University the Capitol Visitor Center for an event to celebrate men’s basketball team for winning the 2010 NCAA the birthday of King Kamehameha: H. Con. Res. Division I Men’s Basketball National Championship. 243, to authorize the use of Emancipation Hall in Pages H2542–45 the Capitol Visitor Center for an event to celebrate the birthday of King Kamehameha; Pages H2530–31 Moment of Silence: The House observed a moment of silence in honor of the men and women in uni- Taxpayer Assistance Act of 2010: H.R. 4994, amended, to amend the Internal Revenue Code of form who have given their lives in the service of our 1986 to reduce taxpayer burdens and enhance tax- nation in Iraq and Afghanistan, their families, and all who serve in the armed forces and their families. payer protections, by a 2⁄3 yea-and-nay vote of 399 yeas to 9 nays, Roll No. 200; Page H2552 Pages H2531–35, H2551–52 Privileged Resolution—Motion to Refer: The Honoring the life of Wilma Pearl Mankiller: H. House agreed to refer H. Res. 1249, raising a ques- Res. 1237, to honor the life of Wilma Pearl tion of the privileges of the House, to the Com- Mankiller and to express condolences of the House mittee on Standards of Official Conduct by a re- of Representatives on her passing; Pages H2535–37 corded vote of 235 ayes to 157 noes with 17 voting Honoring the coal miners who perished in the ‘‘present’’, Roll No. 202, after the previous question Upper Big Branch Mine-South in Raleigh County, was ordered without objection. Pages H2553–54 West Virginia: H. Res. 1236, to honor the coal Moment of Silence: The House observed a moment miners who perished in the Upper Big Branch Mine- of silence in honor of President Lech Kaczynski of South in Raleigh County, West Virginia, to extend Poland, the First Lady of Poland, and all the victims condolences to their families and to recognize the of the plane crash on April 10, 2010 and in soli- valiant efforts of emergency response workers at the darity with the Polish people. Page H2554 2 mine disaster, by a ⁄3 yea-and-nay vote of 409 yeas Privileged Resolution—Intent to Offer: Rep- with none voting ‘‘nay’’, Roll No. 199; and resentative Flake announced his intent to offer a Pages H2537–42, H2551 privileged resolution. Pages H2555–56 Expressing sympathy to the people of Poland in the aftermath of the tragic plane crash that killed Senate Message: Message received from the Senate the country’s President, First Lady, and 94 others today appears on page H2507. on April 10, 2010: H. Res. 1246, to express sym- Senate Referrals: S. 1749 was referred to the Com- pathy to the people of Poland in the aftermath of mittee on the Judiciary. Page H2576

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Quorum Calls—Votes: Four yea-and-nay votes and west Border: The Challenges that DHS Continues to one recorded vote developed during the proceedings Face. Testimony was heard from the following offi- of today and appear on pages H2551, H2551–52, cials of the Department of Homeland Security: Alan H2552–53, H2553–54, H2554–55. There were no D. Bersin, Commissioner, U.S. Customs and Border quorum calls. Protection; and John Morton, Assistant Secretary, Adjournment: The House met at 10 a.m. and ad- U.S. Immigration and Customs Enforcement. journed at 7:32 p.m. INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS Committee Meetings Committee on Appropriations: Subcommittee on Inte- FEDERAL NUTRITION PROGRAMS; rior, Environment, and Related Agencies held a HEALTHY FOOD ACCESS hearing on Maintaining National Cultural and Sci- Committee on Agriculture: Subcommittee on Depart- entific Centers: FY 2011 Budget Request for the ment Operations, Nutrition, and Forestry held a Smithsonian Institution, National Gallery of Art, hearing to review access to healthy foods for bene- Kennedy Center, Woodrow Wilson Center, and Pre- ficiaries of Federal nutrition programs and explore sidio Trust. Testimony was heard from G. Wayne innovative methods to improve availability. Testi- Clough, Secretary, Smithsonian Institution; Earl A. mony was heard from the following officials of the Powell, III, Director, National Gallery of Art; Mi- USDA: Kevin Concannon, Under Secretary, Food, chael Kaiser, President, John F. Kennedy Center for Nutrition, and Consumer Services; Michele Ver the Performing Arts; former Representative Lee Ploeg, Economist, Economic Research Service; and Hamilton of Indiana, Director, Woodrow Wilson public witnesses. International Center for Scholars; and Craig Mid- dleton, Executive Director, The Presidio Trust. COMMERCE, JUSTICE, SCIENCE AND RELATED AGENCIES APPROPRIATIONS LABOR, HHS, EDUCATION, AND RELATED Committee on Appropriations: Subcommittee on Com- AGENCIES APPROPRIATIONS merce, Justice, Science and Related Agencies contin- Committee on Appropriations: Subcommittee on Labor, ued appropriation hearings. Testimony was heard Health and Human Services, Education, and Related from Members of Congress and public witnesses. Agencies held a hearing on FY 2011 Budget Over- DEFENSE APPROPRIATIONS view: Social Security Administration. Testimony was heard from Michael J. Astrue, Commissioner, Social Committee on Appropriations: Subcommittee on Defense Security Administration. held a hearing on National Guard and U.S. Army Reserve Readiness. Testimony was heard from the MILITARY CONSTRUCTION, VETERANS following officials of the Department of Defense: AFFAIRS, AND RELATED AGENCIES GEN Craig R. McKinley, Chief, National Guard APPROPRIATIONS Bureau; LTG Harry M. Wyatt, Director, Air Na- Committee on Appropriations: Subcommittee on Mili- tional Guard; MG Raymond W. Carpenter, Acting tary Construction, Veterans Affairs, and Related Director, Army National Guard; and LTG Jack C. Agencies held a hearing on Quality of Life—Senior Stultz, Chief, U.S. Army Reserve. Enlisted. Testimony was heard from the following ENERGY AND WATER DEVELOPMENT, officials of the Department of Defense: SMA of the AND RELATED AGENCIES Army, Kenneth O. Preston; MSgt of the Marine APPROPRIATIONS Corps, Carlton W. Kent; Master Chief Petty Officer Committee on Appropriations: Subcommittee on Energy of the Navy, Rick D. West; and CMSgt of the Air and Water Development, and Related Agencies held Force, James A. Roy; and public witnesses. a hearing on the Bureau of Reclamation FY 2011 STATE, FOREIGN OPERATIONS, AND Budget. Testimony was heard from the following of- RELATED AGENCIES APPROPRIATIONS ficials of the Department of the Interior: Michael L. Connor, Commissioner, Bureau of Reclamation; Committee on Appropriations: Subcommittee on State, Anne Castle, Assistant Secretary, Water and Science; Foreign Operations, and Related Agencies held a and Reed Murray, Program Director, Central Utah hearing on Millennium Challenge Corporation Project Completion Act Office. (MCC). Testimony was heard from Daniel W. Yohannes, Chief Executive Officer, Millennium HOMELAND SECURITY APPROPRIATIONS Challenge Corporation. Committee on Appropriations: Subcommittee on Home- The Subcommittee also held a hearing on Security land Security, held a hearing on Update on South- Assistance. Testimony was heard from the following

VerDate Nov 24 2008 07:31 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D14AP0.REC D14APPT1 pwalker on DSK8KYBLC1PROD with DIGEST D382 CONGRESSIONAL RECORD — DAILY DIGEST April 14, 2010 officials of the Department of State: David T. John- ciate Director, Science, Office on Smoking and son, Assistant Secretary, Bureau of International and Health, Centers for Disease Control and Prevention; Law Enforcement Affairs; Andrew J. Shapiro, Assist- Deborah Winn, Deputy Director, Division of Cancer ant Secretary, Bureau of Political-Military Affairs; Control and Population Science, National Cancer In- and Daniel Benjamin, Coordinator for Counterter- stitute; and public witnesses. rorism. HOUSING FINANCE SYSTEM REFORM U.S. NUCLEAR WEAPONS POLICY Committee on Financial Services: Held a hearing enti- Committee on Armed Services: Held a hearing on the tled ‘‘Housing Finance—What Should the New Sys- United States nuclear weapons policy and force tem Be Able to Do?: Part II—Government and structure. Testimony was heard from the following Stakeholder Perspectives.’’ Testimony was heard from officials of the Department of Defense: James N. Shaun Donovan, Secretary of Housing and Urban Af- Miller, Principal Deputy Under Secretary, Policy; fairs; and public witnesses. and GEN Kevin P. Chilton, USAF, Commander, U.S. Strategic Command; Thomas P. D’Agostino, HOME AFFORDABLE MODIFICATION Under Secretary, Nuclear Security, Administrator, PROGRAM REVISIONS National Nuclear Security Administration, Depart- Committee on Financial Services: Subcommittee on ment of Energy; and Ellen O. Tauscher, Under Sec- Housing and Community Opportunity held a hear- retary, Arms Control and International Security, De- ing entitled ‘‘The Recently Announced Revisions to partment of State. the Home Affordable Modification Program THREAT REDUCTION/CHEM-BIO DEFENSE (HAMP).’’ Testimony was heard from David Stevens, COUNTERPROLIFERATION BUDGET Assistant Secretary, Housing/Federal Housing Com- Committee on Armed Services: Subcommittee on Ter- missioner, Department of Housing and Urban Af- rorism, Unconventional Threats and Capabilities fairs; Phyllis Caldwell, Chief, Homeownership Pres- held a hearing on the FY 2011 National Defense ervation Office, Department of the Treasury; and Authorization Budget Request for the Defense public witnesses. Threat Reduction Agency, Chemical Biological De- COMBATING ANTI-SEMITISM fense Program and counterproliferation initiatives. Committee on Foreign Affairs: Testimony was heard from the following officials of Subcommittee on Inter- the Department of Defense: Andrew Weber, Assist- national Organizations, Human Rights and Over- ant to the Secretary, Nuclear and Chemical and Bio- sight held a hearing on Combating Anti-Semitism: logical Defense Programs, Office of the Secretary; Protecting Human Rights. Testimony was heard Kenneth A. Myers, III, Director, Defense Threat Re- from Hannah Rosenthal, Special Envoy to Monitor duction Agency, Office of the Secretary; and BG Jess and Combat Anti-Semitism, Department of State; A. Scarbrough, USA, Joint Program Executive Offi- and public witnesses. cer, Chemical and Biological Defense, Office of the FEDERALIZING GUARDS AT CRITICAL Secretary. FACILITIES EDUCATION DATA SYSTEMS Committee on Homeland Security: Held a hearing enti- Committee on Education and Labor: Held a hearing on tled ‘‘Federal Protective Service: Would Federaliza- How Data Can Be Used to Inform Educational Out- tion of Guards Improve Security at Critical Facili- come. Testimony was heard from Richard J. ties?’’ Testimony was heard from Gary W. Schenkel, Wenning, Associate Commissioner, Department of Director, Federal Protective Service, National Protec- Education, State of Colorado; Joe Kitchens, Super- tion and Programs Directorate, Department of intendent of Schools, Western Heights Schools, Homeland Security; Mark L. Goldstein, Director, Oklahoma City, State of Oklahoma; and public wit- Physical Infrastructure Issues, GAO; and public witnesses. nesses. KIDS AND TOBACCO USE IN MAJOR FBI TELEPHONE RECORDS REQUESTS LEAGUE BASEBALL Committee on the Judiciary: Subcommittee on the Con- Committee on Energy and Commerce: Subcommittee on stitution, Civil Rights, and Civil Liberties held a Health held a hearing entitled ‘‘Smokeless Tobacco: hearing on the Report by the Office of the Inspector Impact on the Health of our Nation’s Youth and General of the Department of Justice on the Federal Use in Major League Baseball.’’ Testimony was heard Bureau of Investigation’s Use of Exigent Letters and from the following officials of the Department of Other Informal Requests for Telephone Records. Health and Human Services: Terry Pechacek, Asso- Testimony was heard from the following officials of

VerDate Nov 24 2008 07:31 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D14AP0.REC D14APPT1 pwalker on DSK8KYBLC1PROD with DIGEST April 14, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D383 the Department of Justice: Valerie Caproni, General CLEAN ESTUARIES ACT OF 2010 Counsel, FBI; and Glenn Fine, Inspector General. Committee on Rules: Granted, by voice vote, a struc- MISCELLANEOUS MEASURES tured rule providing for consideration of H.R. 4715, the ‘‘Clean Estuaries Act of 2010.’’ The rule provides Committee on Oversight and Government Reform: to con- one hour of general debate equally divided and consider the following measures: H.R. 1722, amended, trolled by the chair and ranking minority member Telework Improvements Act of 2009; H.R. 4865, of the Committee on Transportation and Infrastruc- amended, Federal Employees and Uniformed Services ture. The rule waives all points of order against con- Retirement Equity Act of 2010; H.R. 3913, Major sideration of the bill except those arising under General David F. Wherley, Jr., District of Columbia clause 9 or 10 of rule XXI. The rule provides that National Guard Retention and College Access Act; the bill shall be considered as read. The rule waives S. 806, Federal Executive Board Authorization Act all points of order against the bill. The rule further of 2009; S. 1510, amended, United States Secret makes in order only those amendments printed in Service Uniformed Division Modernization Act of the report of the Committee on Rules. The amend- 2009; H. Con. Res. 255, amended, Commemorating ments made in order may be offered only in the the 40th anniversary of Earth Day and honoring the order printed in the report, may be offered only by founder of Earth Day, the late Senator Gaylord Nel- a Member designated in the report, shall be consid- son of Wisconsin; H. Res. 855, Expressing support ered as read, shall be debatable for the time specified for designation of May 1 as ‘‘Silver Star Service Ban- in this report equally divided and controlled by the ner Day;’’ H.R. 1103, amended, Celebrating the life proponent and an opponent, shall not be subject to of Sam Houston on the 217th anniversary of his amendment, and shall not be subject to a demand birth; H. Res. 1189, Commending Lance Mackey on for division of the question. All points of order winning a record 4th straight Iditarod Trail Sled against the amendments are waived except those Dog Race; H.R. 4861, To designate the facility of arising under clause 9 or 10 of rule XXI. The rule the United States Postal Service located at 1343 provides that for those amendments reported from West Irving Park Road in Chicago, Illinois, as the the Committee of the Whole, the question of their ‘‘Steve Goodman Post Office Building;’’ and H.R. adoption shall be put to the House en gros and 4543, To designate the facility of the United States without demand for division of the question. The Postal Service located at 4285 Payne Avenue in San rule provides one motion to recommit with or with- Jose, California, as the ‘‘Anthony J. Cortese Post Of- out instructions. The rule provides that the Chair fice Building.’’ may entertain a motion that the Committee rise only NATIONAL DRUG CONTROL BUDGET if offered by the chair of the Committee on Trans- Committee on Oversight and Government Reform: portation and Infrastructure or a designee. The rule Sub- provides that the Chair may not entertain a motion committee on Domestic Policy held a hearing enti- to strike out the enacting words of the bill. tled ‘‘ONDCP’s Fiscal Year 2011 National Drug Control Budget: Are We Still Funding a War on The rule waives clause 6(a) of rule XIII (requiring Drugs?’’ Testimony was heard from R. Gil a two-thirds vote to consider a rule on the same day Kerlikowske, Director, Office of National Drug Con- it is reported from the Rules Committee) against a trol Policy; and public witnesses. resolution reported through the legislative day of Friday, April 16, 2010, providing for consideration OVERSIGHT—FEDERAL FINANCIAL of a measure relating to the extension of unemploy- MANAGEMENT ment insurance. The rule provides that it shall be in Committee on Oversight and Government Reform: Sub- order at any time through the legislative day of Fri- committee on Government Management, Organiza- day, April 16, 2010, for the Speaker to entertain tion, and Procurement held a hearing entitled motions that the House suspend the rules relating to ‘‘Oversight of Federal Financial Management.’’ Testi- a measure addressing the extension of unemployment mony was heard from Gene L. Dodaro, Acting insurance. Testimony was heard from Chairman Comptroller General, GAO; Richard L. Gregg, Act- Oberstar. ing Fiscal Assistant Secretary, Department of the Treasury; Danny Werfel, Controller, Office of Fed- NATIONAL SCIENCE FOUNDATION eral Financial Management, OMB; James L. Millette, PROGRAMS Deputy Assistant Secretary, Global Financial Serv- Committee on Science and Technology: Subcommittee on ices, Department of State; Mark E. Easton, Deputy Research and Science Education approved for full Chief Financial Officer, Department of Defense; and Committee action, as amended, a Committee public witnesses. Print—the National Science Foundation programs.

VerDate Nov 24 2008 07:31 Apr 15, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D14AP0.REC D14APPT1 pwalker on DSK8KYBLC1PROD with DIGEST D384 CONGRESSIONAL RECORD — DAILY DIGEST April 14, 2010 IRS POLICY AND SMALL BUSINESSES COMMITTEE MEETINGS FOR THURSDAY, Committee on Small Business: Held a hearing entitled APRIL 15, 2010 ‘‘Entrepreneurs and Tax Day: How IRS Policies and (Committee meetings are open unless otherwise indicated) Procedures Impact Small Businesses?’’ Testimony was heard from Douglas H. Shulman, Commissioner, Internal Revenue, IRS, Department of the Treasury. Senate Committee on Appropriations: Subcommittee on Com- INNOVATIVE FINANCING OF HIGHWAY merce, Justice, Science, and Related Agencies, to hold TRANSIT PROJECTS hearings to examine proposed budget estimates for fiscal year 2011 for the Federal Bureau of Investigation; to be Committee on Transportation and Infrastructure: Sub- immediately followed by a closed hearing in SH–219, 10 committee on Highways and Transit held a hearing a.m., SD–192. on Using Innovative Financing to Deliver Highway Subcommittee on Military Construction and Veterans and Transit Projects.’’ Testimony was heard from Affairs, and Related Agencies, to hold hearings to exam- Chris Bertram, Assistant Secretary, Budget and Pro- ine proposed budget estimates for fiscal year 2011 for the Department of Veterans Affairs, 2 p.m., SD–124. grams and Chief Financial Officer, Department of Subcommittee on Legislative Branch, to hold hearings Transportation; Eugene A. Conti, Secretary, Depart- to examine proposed budget estimates for fiscal year 2011 ment of Transportation, State of North Carolina; and for the Government Accountability Office (GAO), the public witnesses. Government Printing Office (GPO), and the Congres- sional Budget Office (CBO), 3:15 p.m., SD–138. GREEN JOBS ENERGY TAX INCENTIVES Committee on Armed Services: to hold hearings to examine the nominations of Vice Admiral James A. Winnefeld, Committee on Ways and Means: Held a hearing on en- Jr., United States Navy, to be admiral and Commander, ergy tax incentives and the green job economy. Tes- United States Northern Command, and to be Com- timony was heard from Michael Mundaca, Assistant mander, North American Aerospace Defense Command, Secretary, Tax Policy, Department of the Treasury; and Lieutenant General Keith B. Alexander, United Matt Rogers, Senior Advisor to the Secretary, De- States Army, to be general and Director, National Secu- partment of Energy; and public witnesses. rity Agency, to be Chief, Central Security Service, and to be Commander, United States Cyber Command, both of DEFENSE INTELLIGENCE AGENCY BUDGET the Department of Defense; with the possibility of a closed session in SVC–217 following the open session, FY 2011 9:30 a.m., SD–G50. Permanent Select Committee on Intelligence: Met in execu- Subcommittee on Airland, to hold hearings to examine tive session to hold a hearing on Defense Intelligence Army modernization in review of the Defense Authoriza- Agency Budget for Fiscal Year 2011. Testimony was tion request for fiscal year 2011 and the Future Years De- fense Program, 2 p.m., SR–222. heard from LTG Ronald L. Burgess, Jr., USA, Direc- Committee on Banking, Housing, and Urban Affairs: to tor, Defense Intelligence Agency, Department of De- hold hearings to examine legislative proposals in the De- fense. partment of Housing and Urban Development’s fiscal year 2011 budget request, 9:30 a.m., SD–538. ROLE OF COAL IN A NEW ENERGY AGE Committee on Commerce, Science, and Transportation: Sub- Select Committee on Energy Independence and Global committee on Oceans, Atmosphere, Fisheries, and Coast Guard, to hold hearings to examine S. 817, to establish Warming: Held a hearing entitled ‘‘The Role of Coal a Salmon Stronghold Partnership program to conserve in a New Energy Age.’’ Testimony was heard from wild Pacific salmon, 10 a.m., SR–253. public witnesses. Committee on Finance: to hold hearings to examine filing season update, focusing on current IRS issues, 10 a.m., SD–215. Joint Meetings Committee on Foreign Relations: Subcommittee on East Asian and Pacific Affairs, to hold hearings to examine ECONOMIC OUTLOOK United States and Japan relations, 11 a.m., SD–419. Committee on Health, Education, Labor, and Pensions: to Joint Economic Committee: Committee concluded a hold hearings to examine Elementary and Secondary Edu- hearing to examine the economic outlook, after re- cation Act (ESEA) reauthorization, focusing on teachers ceiving testimony from Ben S. Bernanke, Chairman, and leaders, 10 a.m., SD–106. Board of Governors of the Federal Reserve System. Committee on Homeland Security and Governmental Affairs: Ad Hoc Subcommittee on Contracting Oversight, to hold hearings to examine contracts for Afghan National Police training, 2:30 p.m., SD–342.

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Committee on the Judiciary: business meeting to consider 2011 National Defense Authorization Budget Request for S. 3111, to establish the Commission on Freedom of In- missile defense programs, 1:30 p.m., 210–HVC. formation Act Processing Delays, S. 3031, to authorize Committee on Education and Labor, Subcommittee on Drug Free Communities enhancement grants to address Healthy Families and Communities, hearing on Corporal major emerging drug issues or local drug crises, S. 1346, Punishment in Schools and its Effect on Academic Suc- to penalize crimes against humanity and for other pur- cess, 10 a.m., 2175 Rayburn. poses, and the nominations of Sharon Johnson Coleman, Committee on Energy and Commerce, full Committee, to and Gary Scott Feinerman, both to be United States Dis- consider the following: the Home Star Energy Retrofit trict Judge for the Northern District of Illinois, and Wil- Act of 2010; the Grid Reliability and Infrastructure De- liam Joseph Martinez, to be United States District Judge fense (GRID) Act; H.R. 4451, Collinsville Renewable for the District of Colorado, and Loretta E. Lynch, to be Energy Promotion Act; and pending Committee business, United States Attorney for the Eastern District of New 10 a.m., 2123 Rayburn. York, Noel Culver March, to be United States Marshal Committee on Financial Services, Subcommittee on Finan- for the District of Maine, George White, to be United cial Institutions and Consumer Credit, hearing entitled States Marshal for the Southern District of Mississippi, and Brian Todd Underwood, to be United States Marshal ‘‘Perspectives and Proposals on the Community Reinvest- for the District of Idaho, all of the Department of Justice, ment Act,’’ 10 a.m., 2128 Rayburn. 10 a.m., SD–226. Committee on Foreign Affairs, Subcommittee on Africa Committee on Rules and Administration: to hold hearings and Global Health, hearing on Combating Climate to examine the nomination of Stephen T. Ayers, of Mary- Change in Africa, 10 a.m., 2172 Rayburn. land, to be Architect of the Capitol, 10 a.m., SR–301. Committee on Homeland Security., to mark up H.R. 4842, Committee on Small Business and Entrepreneurship: to hold Homeland Security Science and Technology authorization hearings to examine assessing access, focusing on obstacles Act of 2010, 10 a.m., 311 Cannon. and opportunities for minority small business owners in Committee on the Judiciary, Subcommittee on Commer- today’s capital markets, 10 a.m., SD–562. cial and Administrative Law, hearing on State Taxation: Select Committee on Intelligence: to hold closed hearings to The Impact of Congressional Legislation on State and consider certain intelligence matters, 2:30 p.m., SH–219. Local Government Revenues, 11 a.m., 2141 Rayburn. Committee on Oversight and Government Reform, and the House Subcommittee on Federal Workforce, Postal Service, and Committee on Appropriations, Subcommittee on Financial the District of Columbia, joint hearing entitled ‘‘Con- Services, and General Government, on FY 2011 Budget tinuing to Deliver: An Examination of the Post Services’s Request for the U.S. Supreme Court, 10 a.m., 2358A Current Financial Crisis and its Future Viability,’’ 10 Rayburn. a.m., 2154 Rayburn. Subcommittee on Homeland Security, on DHS Cyber Committee on Transportation and Infrastructure, Sub- Security Programs—What progress has been made and committee on Water Resources and Environment, hearing what still needs to be improved?, 11 a.m., H–140 Cap- on Proposals for a Water Resources Development Act of itol. 2010 Part II, 10 a.m., 2167 Rayburn. Subcommittee on Interior, Environment, and Related Committee on Veterans’ Affairs, Subcommittee on Eco- Agencies, on Voices from Our Native American Commu- nomic Opportunity, hearing on the Status of Veterans nities, 2 p.m., and on Strengthening Native American Employment, 1 p.m., 334 Cannon. Communities: Indian Health Service FY 2011 Budget Committee on Ways and Means, Subcommittee on Social Request, 4:30 p.m., B–308 Rayburn. Security, oversight hearing on SSA’s field office service Subcommittee on Transportation, and Housing and delivery, 10 a.m., B–318 Rayburn. Urban Development, and Related Agencies, on Member Permanent Select Committee on Intelligence, executive, hear- Requests, 1 p.m., 2358A Rayburn. Committee on Armed Services, hearing on the Independent ing on National Geospatial Program Budget for Fiscal Panel’s assessment of the Quadrennial Defense Review, 10 Year 2011, 9:30 a.m., 304–HVC. a.m., 2118 Rayburn. Joint Meetings Subcommittee on Military Personnel, hearing on supporting the reserve components as an operational reserve Commission on Security and Cooperation in Europe: to re- and key reserve personnel legislative initiatives, 2 p.m., ceive a briefing on a new international convention aimed 2118 Rayburn. at helping resource-rich developing countries make the Subcommittee on Strategic Forces, hearing on the re- best economic and social use of their natural resources, 11 port on the ballistic missile defense review and the FY a.m., 2325 Rayburn Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, April 15 10 a.m., Thursday, April 15

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 4715— morning business (not to extend beyond one hour), Senate Clean Estuaries Act of 2010 (Subject to a Rule). will continue consideration of H.R. 4851, Continuing Extension Act.

Extensions of Remarks, as inserted in this issue

HOUSE Dingell, John D., Mich., E538, E540, E546 King, Peter T., N.Y., E539 Driehaus, Steve, Ohio, E538 Marchant, Kenny, Tex., E545 Aderholt, Robert B., Ala., E543 Duncan, John J., Jr., Tenn., E538 Napolitano, Grace F., Calif., E543 Andrews, Robert E., N.J., E542 Gerlach, Jim, Pa., E541 Roe, David P., Tenn., E545 Berman, Howard L., Calif., E542 Granger, Kay, Tex., E541 Rogers, Mike, Ala., E543 Blumenauer, Earl, Ore., E537 Hensarling, Jeb, Tex., E540 Skelton, Ike, Mo., E544 Brady, Robert A., Pa., E538 Higgins, Brian, N.Y., E535, E540 Tanner, John S., Tenn., E535 Capps, Lois, Calif., E545 Honda, Michael M., Calif., E545 Tierney, John F., Mass., E535 Carney, Christopher P., Pa., E543 Johnson, Eddie Bernice, Tex., E546 Tonko, Paul, N.Y., E546 Coffman, Mike, Colo., E546 Jordan, Jim, Ohio, E542, E546 Visclosky, Peter J., Ind., E541, E544 Cohen, Steve, Tenn., E540 Kilroy, Mary Jo, Ohio, E535 Wolf, Frank R., Va., E545

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