[Congressional Record (Bound Edition), Volume 156 (2010), Part 3]
[Issue]
[Pages 3145-3268]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 3145]]

           HOUSE OF REPRESENTATIVES--Thursday, March 11, 2010

  The House met at 10 a.m. and was called to order by the Speaker.

                          ____________________




                                 PRAYER

  The Chaplain, the Reverend Daniel P. Coughlin, offered the following 
prayer:
  Lord, we humble ourselves in Your presence. You are all powerful. We 
accept our limitations and turn to You in time of deepest need.
  During this National Week of Prayer For Healing, we pray for the 
healing of AIDS in this Nation and across the globe. This devastating 
epidemic does not discriminate, and people of any gender, age, 
ethnicity, income, or sexual orientation can and are contracting this 
disease.
  Help us, Lord, to improve the lives of those living with HIV/AIDS and 
enable us to spread resources, awareness, and hope to communities 
around the world to fight this aggressive virus.
  In good times and bad, in sickness and health we find compassion in 
You, O Lord, and seek Your healing now and forever. Amen.

                          ____________________




                              THE JOURNAL

  The SPEAKER. The Chair has examined the Journal of the last day's 
proceedings and announces to the House her approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER. Will the gentlewoman from Florida (Ms. Ros-Lehtinen) 
come forward and lead the House in the Pledge of Allegiance.
  Ms. ROS-LEHTINEN led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




                        MESSAGE FROM THE SENATE

  A message from the Senate by Ms. Curtis, one of its clerks, announced 
that the Senate has passed a bill of the following title in which the 
concurrence of the House is requested:

       S. 1067. An act to support stabilization and lasting peace 
     in northern Uganda and areas affected by the Lord's 
     Resistance Army through development of a regional strategy to 
     support multilateral efforts to successfully protect 
     civilians and eliminate the threat posed by the Lord's 
     Resistance Army and to authorize funds for humanitarian 
     relief and reconstruction, reconciliation, and transitional 
     justice, and for other purposes.

                          ____________________




                      ANNOUNCEMENT BY THE SPEAKER

  The SPEAKER. The Chair will entertain up to 10 requests for 1-minute 
speeches on each side of the aisle.

                          ____________________




                  CONGRATULATING UNIVERSITY OF ARIZONA

  (Ms. GIFFORDS asked and was given permission to address the House for 
1 minute.)
  Ms. GIFFORDS. Madam Speaker, I rise today to recognize the University 
of Arizona for its dedication to excellence and achievement in higher 
education. One hundred and twenty-five years ago tomorrow, the 13th 
Territorial Legislature of the Arizona Territory--we were a territory 
at that time--authorized the establishment of the University of 
Arizona. And since that date in 1885, the U of A has maintained a 
steadfast dedication to building a better Arizona and a better future. 
The U of A is a testament to the vision of land-grant universities 
established across the country. For over 100 years, they have led, 
being the most important drivers for research and innovation that has 
powered our Nation's economy.
  The U of A today continues to be at the forefront of that research. 
Whether it is mapping the corn genome, teaming with NASA, or using 
advanced optics to harvest and utilize the power of the sun, the U of A 
continues to press forward with cutting-edge technology. Most 
importantly, the university understands that its strength is in the 
diversity of its students.
  I ask my colleagues to please join me in honoring and recognizing the 
125th anniversary of the University of Arizona. Congratulations, 
President Shelton, to the students, the region, and to everyone 
associated with the U of A.

                          ____________________




                     CONGRATULATING PHILLIS OETERS

  (Ms. ROS-LEHTINEN asked and was given permission to address the House 
for 1 minute.)
  Ms. ROS-LEHTINEN. Mr. Speaker, today I rise to honor Phillis Oeters, 
chair of the 2009-2010 Orange Bowl Committee. Phillis has offered 
outstanding public service to Miami-Dade for the past 25 years. She has 
served on numerous community boards and has been active in several 
community arts organizations. She has also been recognized for her 
altruistic works many times, receiving awards and honors from the 
Greater Miami Chamber of Commerce, the American Red Cross, and United 
Way of Miami-Dade.
  Phillis' strong professional background and her commitment to serving 
others made her the ideal candidate to chair the prestigious Orange 
Bowl Committee. She became the second woman in 100 years to chair a 
college bowl game.
  Phillis, on behalf of all of south Florida and the United States 
Congress, congratulations on this achievement. Thank you for what you 
have done to make our community a much better place. Thank you, 
Phillis.

                          ____________________




                         TIGHTENING FISCAL BELT

  (Mr. ARCURI asked and was given permission to address the House for 1 
minute.)
  Mr. ARCURI. Mr. Speaker, during these tough economic times, American 
families have been forced to cut back and tighten their financial 
belts. It is time that Congress do the same and set an example for the 
rest of the Federal Government.
  That is why I have introduced the Congressional Belt Tightening Act 
of 2010, which would cut our salaries as Members of Congress and our 
office budgets by 5 percent next year. Last year, my office tightened 
its financial belt and returned more than 8 percent of our official 
office budget to the Treasury for deficit reduction.
  Additionally, we should pass legislation that requires votes on pay 
raises every year, no more automatic pay raises. My bill would require 
an up-or-down vote on all salary increases indefinitely. If Members 
think they are deserving of a pay raise, they will have to vote on it 
or answer to the American people.
  Congress cannot seriously talk about reining in spending in 
Washington and working to decrease our Nation's debt if we are not 
willing to do it ourselves.

                          ____________________




       GEERT WILDERS IS PROSECUTED AND PERSECUTED FOR FREE SPEECH

  (Mr. POE of Texas asked and was given permission to address the House 
for 1 minute.)
  Mr. POE of Texas. Mr. Speaker, freedom of speech continues to be 
shouted down by the politically correct police.

[[Page 3146]]

In the Netherlands, it is against the law to say something that offends 
someone else's religion.
  That is why Dutch lawmaker Geert Wilders is on trial for hurting 
people's feelings. He made a movie about terrorists and radical Islamic 
clerics encouraging violence in the name of hate. Now he is on trial 
for insulting Islam. He is charged with discrimination and incitement 
to hatred. Because Dutch law is intolerant of intolerance.
  The Dutch courts say even truthful insult speech is a crime. Sounds 
like the law has become the enemy of free speech and a protector of 
radicals.
  Geert Wilders boldly brings to the world's attention the dangers of 
religious radicals who believe in hateful violence, and he gets in 
trouble for it. He ought to be commended rather than condemned and 
charged with a crime. Freedom of speech is a universal human right, 
granted by God, especially if that speech is political, religious, or 
truthful. A free people won't tolerate intolerance for freedom for very 
long.
  And that's just the way it is.

                          ____________________




              HONORING WOMEN IN PENNSYLVANIA'S LEGISLATURE

  (Mrs. DAHLKEMPER asked and was given permission to address the House 
for 1 minute.)
  Mrs. DAHLKEMPER. Mr. Speaker, March is Women's History Month, and 
this year will be the 90th anniversary of the adoption of the 19th 
Amendment. Yet after nine decades, the United States ranks only 74th 
out of 187 countries for the percentage of women in Federal 
legislature, with only 17 percent as Members of Congress that are 
female.
  In my home State of Pennsylvania, only 14 percent of the general 
assembly are women. For Women's History Month, I would like to 
recognize the women of my district who serve in the Pennsylvania 
General Assembly: State Senators Jane Earll, Jane Clare Orie and Mary 
Jo White; and State Representatives Michele Brooks, Donna Oberlander, 
and Kathy Rapp.
  I am proud so many women represent western Pennsylvania in 
Harrisburg. It is my hope that women in Pennsylvania and across this 
country will be inspired to seek office at the local, State, and 
Federal level.

                          ____________________




                       START OVER ON HEALTH CARE

  (Mr. SMITH of Texas asked and was given permission to address the 
House for 1 minute.)
  Mr. SMITH of Texas. Mr. Speaker, here are the results of a new 
Investor's Business Daily public opinion poll about health care, and if 
you look at the chart right here, you will see those results.
  Asked if Congress should pass the current health care bill or start 
over, respondents said ``start fresh'' by a 2 to 1 ratio, by 61 percent 
to 32 percent, start over.
  For Independents, the split was 65 percent to only 24 percent.
  On using the budget reconciliation process to circumvent a Senate 
filibuster to help pass the bill, 51 percent were opposed and 35 
percent in favor.
  Independents disliked the idea by 57 percent to 29 percent, with 39 
percent opposing it strongly.
  By 41 percent to 27 percent, Americans were more likely to oppose 
than support lawmakers who voted for the current health care reform 
bill.
  The American people are right: Congress should listen, start over, 
and do it right.

                          ____________________




                           HEALTH CARE REFORM

  (Mr. BACA asked and was given permission to address the House for 1 
minute.)
  Mr. BACA. Mr. Speaker, Anthem Blue Cross in my district of California 
has requested raising premiums by 39 percent.
  If we do nothing, the American people will continue to pay higher 
premiums and higher out-of-pocket costs now and in the future. And the 
insurance companies will continue to control the high cost of health 
care. A step-by-step approach is not enough, and it is not the answer, 
especially for the 219,000 families in my district without coverage, 
and with a 14 percent unemployment rate.
  Health care reform holds the insurance companies accountable, ends 
discrimination based on preexisting conditions, cuts and eventually 
closes the doughnut hole for thousands of seniors, including 5,200 in 
seniors in my district, expands coverage for 31 million Americans who 
do not have health care coverage, and cuts the national deficit by $100 
billion over the next 10 years.
  Health care reform must make insurance more affordable, providing the 
largest middle class cut for health care in history, reducing the 
premium costs for tens of millions of families and small business 
owners who are priced out of coverage today. I ask us to support health 
care reform.

                          ____________________




                     COMMENDING GREEN MOUNTAIN CLUB

  (Mr. WELCH asked and was given permission to address the House for 1 
minute.)
  Mr. WELCH. Mr. Speaker, I rise today to mark the 100th anniversary of 
the Long Trail in Vermont, and to honor the Green Mountain Club for 
creating, maintaining, and preserving this national treasure.
  Founded March 11, 1910, by James P. Taylor, the Green Mountain Club 
has been dedicated to, in Taylor's words, ``making the Vermont 
mountains play a larger part in the life of the people.''
  In the past century, Taylor's dream has become a reality as seasoned 
hikers have taken to the trail, traversing the peaks and valleys of 
Vermont. From Massachusetts to Canada, they have hiked the spine of the 
Green Mountains, some for a day and some for the length of the 237-mile 
beautiful trail. And in the process, they have gained an appreciation 
for the glory of Vermont and the importance of stewardship and 
conservation.
  I commend members of the Green Mountain Club, and I wish them another 
100 years of success.

                          ____________________




                       BROKEN HEALTH CARE SYSTEM

  (Mr. YARMUTH asked and was given permission to address the House for 
1 minute.)
  Mr. YARMUTH. Mr. Speaker, yesterday Jewish Hospital in my home town 
of Louisville, Kentucky, was forced to lay off 250 workers and 
announced plans to eliminate a total of 500 jobs. These hardworking 
people who played by the rules now, through no fault of their own, must 
figure out a new way to provide for their families.
  Here are the reasons the CEO gave for the layoffs: ``With 900,000 
Kentuckians now without health insurance, we are experiencing a perfect 
storm of declining volumes and increasing levels of uncompensated 
care.''
  To my colleagues who argue health care should be scrapped and focus 
given to jobs and the economy, I urge you to note this tragic situation 
and understand: Health care is all about jobs and the economy.
  To my Senator and constituent, Mitch McConnell, who keeps saying we 
should start over and take our time, 250 Louisvillians, your 
constituents and mine, Senator, are the ones who are now starting over.
  Louisville is anything but alone in this crisis, and the unemployed 
workers in my community are far from the only casualties of this failed 
system. I urge my colleagues to directly address our struggling economy 
and high unemployment without delay by working together to reform our 
broken health care system.

                          ____________________




                        JOB CREATION IS THE KEY

  (Mr. SIRES asked and was given permission to address the House for 1 
minute.)
  Mr. SIRES. Mr. Speaker, during the 111th Congress, Democrats have 
taken numerous measures to restore our Nation's fiscal health. Job 
creation is an essential element of this financial recovery.
  We have passed the Small Business Financing and Investment Act, which 
will make it more affordable for small businesses to get loans and will 
save or create 1.3 million jobs annually.
  We have passed the American Clean Energy and Security Act, which will

[[Page 3147]]

create millions of jobs and also provide skilled training for workers.
  We passed the Jobs for Main Street Act out of the House, which has 
targeted investment for job training, small businesses, affordable 
housing, school renovation, hiring teachers, and much more.
  At the very beginning of this session, the American Recovery and 
Reinvestment Act was signed into law, and this legislation has saved or 
created nearly 2 million jobs. The Recovery Act was the largest middle 
class tax cut in history, and has helped to provide over 300,000 jobs 
in the education sector.
  As the weather gets warmer, thousands of infrastructure jobs will be 
created through Recovery Act funds to build bridges, roads, and rails.
  Additionally, community health centers around the country are being 
created through Recovery Act funding.
  I ask all of my friends to continue to support job creation.

                          ____________________




                              {time}  1015
          DO HEALTH INSURANCE COMPANIES REALLY CARE ABOUT YOU?

  (Ms. TITUS asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Ms. TITUS. Mr. Speaker, as you know, the people in southern Nevada 
have been hit hard during these tough economic times, caused largely by 
unbridled corporate greed and complicitous government action during the 
8 years of the Bush administration. We have the highest foreclosure 
rate in the country, second highest unemployment rate, and we are one 
of the highest States for rates of uninsured.
  People are struggling every day just to keep body and soul together. 
But do the insurance companies care? No, no, they don't. They continue 
to raise premiums up 39 percent in some States while making record 
profits and handing out obscene bonuses. They finance thousands of 
lobbyists to come to the Hill to argue against meaningful reform, and 
they brag about the millions that they are spending on television and 
radio ads that are filled with lies and distortions aimed at confusing 
and scaring the people, especially seniors.
  So I ask the folks in District Three and beyond: Next time you see or 
hear one of those ads on TV or the radio, ask yourself, are the 
insurance companies concerned more about you or more about protecting 
and growing their bottom line?

                          ____________________




                         HEALTH CARE REFORM NOW

  (Mr. COURTNEY asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. COURTNEY. Mr. Speaker, as we've heard this morning, in the last 
month this country has been subjected to jaw-dropping increases of 
health insurance rates--39 percent in California, over 20 percent in 
the State of Connecticut. Small businesses and the self-employed are 
being asked to make a choice between jobs and paying for health care. 
But it is not just limited to small businesses. School districts that 
are now putting together their school budgets are getting increases. In 
the State of Connecticut, 14 percent increase in Coventry, 16 percent 
in Old Saybrook, 18 percent in Clinton, 21 percent in Plainfield, and 
25 percent in Waterford.
  For school districts who cannot afford their budgets because of the 
bad economy, they are now going to be forced with making choices 
between laying off teachers, closing schools, forcing our kids into 
bigger school classrooms, or paying for health insurance.
  For those who say start over, the insurance companies aren't going to 
start over. These school districts have to make decisions now, and it 
is time for this Congress to make a decision now to reform our health 
care system, protect our school districts, and help small businesses 
who are getting killed with these rate increases.

                          ____________________




                IMPEACHING JUDGE G. THOMAS PORTEOUS, JR.

  Mr. CONYERS. Mr. Speaker, by direction of the Committee on the 
Judiciary, I call up House Resolution 1031 and ask for its immediate 
consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 1031

       Resolved, That G. Thomas Porteous, Jr., a judge of the 
     United States District Court for the Eastern District of 
     Louisiana, is impeached for high crimes and misdemeanors, and 
     that the following articles of impeachment be exhibited to 
     the Senate:
        Articles of impeachment exhibited by the House of 
     Representatives of the United States of America in the name 
     of itself and all of the people of the United States of 
     America, against G. Thomas Porteous, Jr., a judge in the 
     United States District Court for the Eastern District of 
     Louisiana, in maintenance and support of its impeachment 
     against him for high crimes and misdemeanors.


                               article i 

       G. Thomas Porteous, Jr., while a Federal judge of the 
     United States District Court for the Eastern District of 
     Louisiana, engaged in a pattern of conduct that is 
     incompatible with the trust and confidence placed in him as a 
     Federal judge, as follows:
       Judge Porteous, while presiding as a United States district 
     judge in Lifemark Hospitals of Louisiana, Inc. v. Liljeberg 
     Enterprises, denied a motion to recuse himself from the case, 
     despite the fact that he had a corrupt financial relationship 
     with the law firm of Amato & Creely, P.C. which had entered 
     the case to represent Liljeberg. In denying the motion to 
     recuse, and in contravention of clear canons of judicial 
     ethics, Judge Porteous failed to disclose that beginning in 
     or about the late 1980s while he was a State court judge in 
     the 24th Judicial District Court in the State of Louisiana, 
     he engaged in a corrupt scheme with attorneys, Jacob Amato, 
     Jr., and Robert Creely, whereby Judge Porteous appointed 
     Amato's law partner as a ``curator'' in hundreds of cases and 
     thereafter requested and accepted from Amato & Creely a 
     portion of the curatorship fees which had been paid to the 
     firm. During the period of this scheme, the fees received by 
     Amato & Creely amounted to approximately $40,000, and the 
     amounts paid by Amato & Creely to Judge Porteous amounted to 
     approximately $20,000.
       Judge Porteous also made intentionally misleading 
     statements at the recusal hearing intended to minimize the 
     extent of his personal relationship with the two attorneys. 
     In so doing, and in failing to disclose to Lifemark and its 
     counsel the true circumstances of his relationship with the 
     Amato & Creely law firm, Judge Porteous deprived the Fifth 
     Circuit Court of Appeals of critical information for its 
     review of a petition for a writ of mandamus, which sought to 
     overrule Judge Porteous's denial of the recusal motion. His 
     conduct deprived the parties and the public of the right to 
     the honest services of his office.
       Judge Porteous also engaged in corrupt conduct after the 
     Lifemark v. Liljeberg bench trial, and while he had the case 
     under advisement, in that he solicited and accepted things of 
     value from both Amato and his law partner Creely, including a 
     payment of thousands of dollars in cash. Thereafter, and 
     without disclosing his corrupt relationship with the 
     attorneys of Amato & Creely PLC or his receipt from them of 
     cash and other things of value, Judge Porteous ruled in favor 
     of their client, Liljeberg.
       By virtue of this corrupt relationship and his conduct as a 
     Federal judge, Judge Porteous brought his court into scandal 
     and disrepute, prejudiced public respect for, and confidence 
     in, the Federal judiciary, and demonstrated that he is unfit 
     for the office of Federal judge.
       Wherefore, Judge G. Thomas Porteous, Jr., is guilty of high 
     crimes and misdemeanors and should be removed from office.


                              article ii 

       G. Thomas Porteous, Jr., engaged in a longstanding pattern 
     of corrupt conduct that demonstrates his unfitness to serve 
     as a United States District Court Judge. That conduct 
     included the following: Beginning in or about the late 1980s 
     while he was a State court judge in the 24th Judicial 
     District Court in the State of Louisiana, and continuing 
     while he was a Federal judge in the United States District 
     Court for the Eastern District of Louisiana, Judge Porteous 
     engaged in a corrupt relationship with bail bondsman Louis M. 
     Marcotte, III, and his sister Lori Marcotte. As part of this 
     corrupt relationship, Judge Porteous solicited and accepted 
     numerous things of value, including meals, trips, home 
     repairs, and car repairs, for his personal use and benefit, 
     while at the same time taking official actions that 
     benefitted the Marcottes. These official actions by Judge 
     Porteous included, while on the State bench, setting, 
     reducing, and splitting bonds as requested by the Marcottes, 
     and improperly setting aside or expunging felony convictions 
     for two Marcotte employees (in one case after Judge Porteous 
     had been confirmed by the Senate but before being sworn in as 
     a Federal judge). In addition, both while on the State bench 
     and on the Federal bench, Judge Porteous used the power and

[[Page 3148]]

     prestige of his office to assist the Marcottes in forming 
     relationships with State judicial officers and individuals 
     important to the Marcottes' business. As Judge Porteous well 
     knew and understood, Louis Marcotte also made false 
     statements to the Federal Bureau of Investigation in an 
     effort to assist Judge Porteous in being appointed to the 
     Federal bench.
       Accordingly, Judge G. Thomas Porteous, Jr., has engaged in 
     conduct so utterly lacking in honesty and integrity that he 
     is guilty of high crimes and misdemeanors, is unfit to hold 
     the office of Federal judge, and should be removed from 
     office.


                              article iii 

       Beginning in or about March 2001 and continuing through 
     about July 2004, while a Federal judge in the United States 
     District Court for the Eastern District of Louisiana, G. 
     Thomas Porteous, Jr., engaged in a pattern of conduct 
     inconsistent with the trust and confidence placed in him as a 
     Federal judge by knowingly and intentionally making material 
     false statements and representations under penalty of perjury 
     related to his personal bankruptcy filing and by repeatedly 
     violating a court order in his bankruptcy case. Judge 
     Porteous did so by--
       (1) using a false name and a post office box address to 
     conceal his identity as the debtor in the case;
       (2) concealing assets;
       (3) concealing preferential payments to certain creditors;
       (4) concealing gambling losses and other gambling debts; 
     and
       (5) incurring new debts while the case was pending, in 
     violation of the bankruptcy court's order.
       In doing so, Judge Porteous brought his court into scandal 
     and disrepute, prejudiced public respect for and confidence 
     in the Federal judiciary, and demonstrated that he is unfit 
     for the office of Federal judge.
       Wherefore, Judge G. Thomas Porteous, Jr., is guilty of high 
     crimes and misdemeanors and should be removed from office.


                              article iv 

       In 1994, in connection with his nomination to be a judge of 
     the United States District Court for the Eastern District of 
     Louisiana, G. Thomas Porteous, Jr., knowingly made material 
     false statements about his past to both the United States 
     Senate and to the Federal Bureau of Investigation in order to 
     obtain the office of United States District Court Judge. 
     These false statements included the following:
       (1) On his Supplemental SF-86, Judge Porteous was asked if 
     there was anything in his personal life that could be used by 
     someone to coerce or blackmail him, or if there was anything 
     in his life that could cause an embarrassment to Judge 
     Porteous or the President if publicly known. Judge Porteous 
     answered ``no'' to this question and signed the form under 
     the warning that a false statement was punishable by law.
       (2) During his background check, Judge Porteous falsely 
     told the Federal Bureau of Investigation on two separate 
     occasions that he was not concealing any activity or conduct 
     that could be used to influence, pressure, coerce, or 
     compromise him in any way or that would impact negatively on 
     his character, reputation, judgment, or discretion.
       (3) On the Senate Judiciary Committee's ``Questionnaire for 
     Judicial Nominees'', Judge Porteous was asked whether any 
     unfavorable information existed that could affect his 
     nomination. Judge Porteous answered that, to the best of his 
     knowledge, he did ``not know of any unfavorable information 
     that may affect [his] nomination''. Judge Porteous signed 
     that questionnaire by swearing that ``the information 
     provided in this statement is, to the best of my knowledge, 
     true and accurate''.
       However, in truth and in fact, as Judge Porteous then well 
     knew, each of these answers was materially false because 
     Judge Porteous had engaged in a corrupt relationship with the 
     law firm Amato & Creely, whereby Judge Porteous appointed 
     Creely as a ``curator'' in hundreds of cases and thereafter 
     requested and accepted from Amato & Creely a portion of the 
     curatorship fees which had been paid to the firm and also had 
     engaged in a corrupt relationship with Louis and Lori 
     Marcotte, whereby Judge Porteous solicited and accepted 
     numerous things of value, including meals, trips, home 
     repairs, and car repairs, for his personal use and benefit, 
     while at the same time taking official actions that 
     benefitted the Marcottes. As Judge Porteous well knew and 
     understood, Louis Marcotte also made false statements to the 
     Federal Bureau of Investigation in an effort to assist Judge 
     Porteous in being appointed to the Federal bench. Judge 
     Porteous's failure to disclose these corrupt relationships 
     deprived the United States Senate and the public of 
     information that would have had a material impact on his 
     confirmation.
       Wherefore, Judge G. Thomas Porteous, Jr., is guilty of high 
     crimes and misdemeanors and should be removed from office.

  Mr. CONYERS (during the reading). Mr. Speaker, I ask unanimous 
consent that the resolution be considered as read.
  The SPEAKER pro tempore (Mr. Jackson of Illinois). Is there objection 
to the request of the gentleman from Michigan?
  There was no objection.

                          ____________________




                           CALL OF THE HOUSE

  Mr. SENSENBRENNER. Mr. Speaker, I move a call of the House.
  A call of the House was ordered.
  The call was taken by electronic device, and the following Members 
responded to their names:

                             [Roll No. 101]

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Campbell
     Cao
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     Dent
     Diaz-Balart, M.
     Dicks
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
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     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes remain in this 
vote.

                              {time}  1046

  The SPEAKER pro tempore. On this rollcall, 405 Members have recorded 
their presence.
  A quorum is present.

                          ____________________




                IMPEACHING JUDGE G. THOMAS PORTEOUS, JR.

  The SPEAKER pro tempore. The gentleman from Michigan (Mr. Conyers) is 
recognized for 1 hour.


                             General Leave

  Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
therein extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. Mr. Speaker, I yield 30 minutes to my friend the 
distinguished ranking member, the gentleman from Texas (Mr. Smith), and 
ask unanimous consent that he be allowed to control the time on his 
side for purposes of debate.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. I yield myself such time as I may consume.
  Members of the House, it is a sad day that we must find that a 
Federal judge has betrayed his office and should be impeached, and yet 
that is our task today. It is assigned to us by the Constitution to 
protect the institutions of government from those who show themselves 
unfit to hold positions of public trust, and, of course, we take this 
duty very seriously.
  The judge in question is G. Thomas Porteous, who has cast a long 
shadow on the administration of justice under his watch. Your House 
Judiciary Committee has completed an independent investigation 
conducted with thoroughness by a special task force on our committee 
chaired by Adam Schiff, with much distinction. I also thank his co-
Chair, Bob Goodlatte, and Hank Johnson, the subcommittee Chair on 
Judiciary from which this matter arose.
  Members of the House, our investigation has demonstrated that Judge 
Porteous has engaged in misconduct in various spheres of his public 
life spanning decades. His misconduct is described in detail in the 
report filed by our committee, which is available to any Member that 
wishes a copy, and our committee has subsequently voted unanimously to 
recommend four articles of impeachment. Our Chair of the Impeachment 
Task Force, Adam Schiff, is going to expand on the details.
  Since so many Members want time, I just want to make this opening 
comment: The Department of Justice and the Judicial Conference have 
determined that Judge Porteous had clearly committed serious misconduct 
in various spheres of his personal and professional life. The Judicial 
Conference referred the matter to the House for possible impeachment. 
The Fifth Circuit suspended him from sitting on the bench.
  This committee, through a specially appointed task force, has 
thoroughly and independently investigated the facts, held detailed 
factual hearings relating to the judge's misconduct in connection with 
his relationships with lawyers, in connection with his personal 
bankruptcy filing, and his relationship with bail bondsmen. Additional 
hearings included testimony from experts on judicial ethics and on the 
constitutional standards that surround impeachment.
  So the four separate articles before us today are laid out in detail 
and include a variety of offenses that we will go into shortly. The 
misconduct, I am sorry to say, easily satisfies the constitutional 
standard of being high crimes and misdemeanors, and clearly renders the 
judge unfit to continue service.
  I bring this resolution to the floor with regret that we are called 
upon to take this action, but I have no doubt that we must take action. 
The grounds for impeachment are overwhelmingly established, and, 
therefore, I urge my colleagues' careful consideration in support of 
the resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, we are here today to consider and vote on four articles 
of impeachment against United States District Judge G. Thomas Porteous. 
Thanks go to Congressman Schiff and Congressman Goodlatte for the way 
they have worked together in overseeing the Impeachment Task Force's 
very thorough inquiry into a number of serious allegations involving 
Judge Porteous. They have set an outstanding example of how an inquiry 
like this can in fact be conducted in a bipartisan manner.
  The Constitution grants the House of Representatives the sole power 
to impeach a sitting Federal judge. This is a very serious power which 
Congress does not take lightly. Impeachment by the House constitutes 
one of the few checks on the judiciary and is to be used only in 
instances when a judge betrays his office or proves unfit to hold that 
position of trust. In fact, only 14 Federal judges have been impeached 
by the House in our entire Nation's history, with four of these 
occurring in the past 24 years.
  After an extensive investigation and a series of hearings by the 
Impeachment Task Force, clear and convincing evidence has been 
developed involving a number of different actions by Judge Porteous 
that make him unfit to serve as a Federal judge. The report, which 
accompanies the articles of impeachment, sets forth in detail the 
various incidents of improper conduct by Judge Porteous.
  Though judges rule on the law, they are not above the law. To 
preserve equality and fairness in our constitutional democracy, we must 
protect the integrity of the courts. It is clear that Judge Porteous' 
actions are a violation of the American people's trust and a threat to 
the integrity of the Federal bench. The American people deserve better 
from their Federal judges.
  I also hope our vote today sends a message of encouragement to the 
great majority of judges who serve our Nation with distinction. We will 
not let a few bad actors mar the reputation of others on the Federal 
bench.
  The time has come for the House of Representatives to conclude that 
Judge Porteous' conduct has made him unworthy to serve on the Federal 
bench.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California, Adam Schiff, who was our task force chairman 
and who had ample time over these many months to display his 
legislative and judicial skills.
  Mr. SCHIFF. I thank the gentleman, and want to commend the leadership 
of Chairman Conyers in bringing this matter to conclusion here on the 
House floor and for all your leadership on the committee, Mr. Chairman.
  Mr. Speaker, today we again find ourselves in the regrettable 
circumstance where we must act to remove a Federal judge from the 
bench. The task before us is not one that we would welcome, however it 
is an important responsibility entrusted to us by the Founders and one 
that we cannot shrink from.
  Unlike elected officials who may be removed periodically by the 
voters or serve a term that comes to an end, the Founding Fathers 
provided only one extraordinary method of removing a Federal judge, 
that of impeachment, which has only been used 14 times in our Nation's 
history. Regrettably, the

[[Page 3150]]

matter before us today warrants its use once again.
  The House of Representatives directed the House Judiciary Committee 
Task Force on Judicial Impeachment to inquire into whether Judge 
Porteous of the Eastern District of Louisiana should be impeached. As 
Chair of the task force, I would like to report on our work and provide 
the Members of the House with a procedural history of the matter, as 
well as an overview of the relevant facts.
  I want to thank each of the members of the task force that worked on 
the matter, and in particular the ranking member, Bob Goodlatte, for 
his extraordinary work. Together we have tried to ensure that we 
proceed in a fair, open, and deliberate manner, and this has been done 
in a bipartisan, really nonpartisan, basis.
  G. Thomas Porteous, Jr., was appointed to the Federal bench in 1994 
and has served in the New Orleans Courthouse in the Eastern District of 
Louisiana. After a multiyear FBI and Federal grand jury investigation, 
the Department of Justice in May 2007 submitted a complaint referring 
allegations of judicial misconduct.
  The complaint noted that the department had determined not to seek 
criminal charges for reasons including the statute of limitations and 
other factors impacting prosecution, but the complaint stated that the 
investigation uncovered evidence of pervasive misconduct and evidence 
that Judge Porteous may have violated Federal and State criminal laws 
controlling canons of judicial conduct, rules of professional 
responsibility, and conducted himself in a manner antithetical to the 
constitutional standard of good behavior required of all Federal 
judges.
  After an extensive disciplinary proceeding in the Fifth Circuit Court 
of Appeals, at which Judge Porteous, representing himself, made 
statements, cross-examined witnesses, and called witnesses on his own 
behalf, the Judicial Conference of the United States voted unanimously 
to refer this matter to the House of Representatives based on 
substantial evidence of conduct that individually and collectively 
brought disrepute to the Federal judiciary. The Fifth Circuit also 
moved to take the maximum disciplinary action allowed by law against 
Judge Porteous, suspending him for 2 years or until Congress takes 
final action on the impeachment proceedings.
  As a part our initial investigation, Impeachment Task Force staff 
interviewed over 65 individuals, deposed about 25 witnesses under oath, 
obtained documents from various sources, including from witnesses, the 
24th Judicial Court in Jefferson Parish, and the Department of Justice.
  After the initial investigatory phase, the task force held four 
separate evidentiary hearings over 5 days in November and December of 
2009 in order to determine whether Judge Porteous' conduct provides a 
sufficient basis for impeachment and to develop a record upon which to 
recommend whether to adopt articles of impeachment.

                              {time}  1100

  Our first hearing focused on allegations of misconduct in relation to 
Judge Porteous presiding over the case In re: Liljeberg Enterprises, 
Inc. The record reflects that Judge Porteous was engaged in a corrupt 
kickback scheme with the law firm of Amato & Creely, that he failed to 
disclose his relationship with the firm, and that he denied a motion to 
recuse himself from the case, despite the firm's representation of one 
of the parties. The kickback scheme involved appointing Mr. Creely as a 
curator in hundreds of cases, with fees amounting to approximately 
$40,000 paid to the Amato & Creely firm, approximately half of which 
was then paid back to Judge Porteous. Judge Porteous made intentionally 
misleading statements at the recusal hearing intended to minimize the 
extent of his personal relationship with the firm.
  The record also reflects that Judge Porteous engaged in corrupt 
conduct after the bench trial and while the case was under advisement 
by soliciting and accepting things of values from attorneys at the 
firm, including $2,000 in cash. This corrupt relationship and his 
conduct as a Federal judge have brought his court into scandal and 
disrepute and demonstrates that he is unfit for office. Our 
investigation also uncovered evidence that his solicitation and 
acceptance of things from Creely & Amato were not isolated events 
limited to two attorneys, but a pattern of using his perch on the 
Federal bench to extract and to receive things of value from attorneys 
and parties in front of him.
  Our second hearing focused on allegations that Judge Porteous 
repeatedly made false and misleading statements, including the 
concealment of debts, under oath and in disregard of a bankruptcy 
court's orders. The record reflects that as a Federal judge he 
knowingly and intentionally made material false statements and 
representations under penalty of perjury and repeatedly violated a 
court order in his case. This included using a false name and post 
office box to conceal his identity as a debtor in the case; concealing 
assets, preferential payments to certain creditors, and gambling losses 
and debts; as well as incurring new debts while the case was pending, 
all in violation of the court's order.
  Our investigation also uncovered further evidence of his willful 
efforts to conceal his financial situation and the extent of his 
gambling over the years. Taken together, it is clear that his false 
statements and the bankruptcy proceedings were not the result of an 
oversight or mistake, but reflected instead an effort to conceal his 
financial affairs and his gambling.
  Our third hearing focused on allegations that Judge Porteous engaged 
in a corrupt relationship with bail bondsman Louis Marcotte and his 
sister Lori. The record reflects that as part of this corrupt 
relationship, Judge Porteous solicited and received numerous things of 
value, including meals, trips, home and car repairs, for his personal 
use and benefit while at the same time taking official actions on 
behalf of the Marcottes. This included setting, reducing, and splitting 
bonds for the Marcottes while on the State bench, and improperly 
setting aside or expunging felony convictions for two Marcotte 
employees.
  Judge Porteous used the power and prestige of his office to assist 
the Marcottes in forming relationships with other State judicial 
officers and others. Judge Porteous also knew and understood that Louis 
Marcotte made false statements to the FBI in an effort to assist his 
appointments to the Federal bench.
  At our fourth and final hearing, we received testimony from a panel 
of constitutional scholars on whether Judge Porteous' conduct renders 
him unfit to hold office, and provided a sufficient basis for 
impeachment. The record reflects that Judge Porteous knowingly made 
false material statements about his past to both the U.S. Senate and 
the FBI in connection with his nomination to the Federal bench in order 
to conceal corrupt relationships.
  In addition, Judge Porteous knew that another individual made false 
statements to the FBI in an effort to assist his appointment to the 
Federal bench. Judge Porteous' failure to disclose these corrupt 
relationships deprived the U.S. Senate and the public of the 
information that would have had a material impact on his confirmation. 
Our panel of experts testified that such behavior clearly constitutes 
impeachable conduct.
  I'd like to note that the task force invited Judge Porteous to 
testify, but he declined our offer. In addition, the task force 
afforded the opportunity for Judge Porteous and his counsel to request 
that the task force hear from a witness or witnesses that they wish to 
call. Judge Porteous' counsel informed the task force that they did not 
wish to avail themselves of that opportunity. The task force permitted 
Judge Porteous' counsel to participate in our hearings on behalf of his 
client, and he was permitted to question the witnesses. This was an 
extraordinary prerogative that was granted to counsel.
  Our proceeding today does not constitute a trial, as the 
constitutional power to try impeachment resides in the Senate. Rather, 
the House's role is to inquire whether Judge Porteous'

[[Page 3151]]

conduct provides a sufficient basis for impeachment. According to 
leading commentators and historical precedent on this issue, there are 
two broad categories of conduct that have been recognized as justifying 
impeachment: serious abuse of power, and conduct that demonstrates that 
an official is ``unworthy to fill'' the office that he or she holds.
  After concluding that the full record establishes that Judge Porteous 
should be impeached for high crimes and misdemeanors, the Impeachment 
Task Force met in late January and unanimously voted in favor of 
recommending four Articles of Impeachment for consideration by the 
Judiciary Committee. On January 27, the House Judiciary Committee voted 
unanimously in favor of each article and to favorably report H. Res. 
1031 to the full House. A 147-page report has been filed detailing the 
inquiry for Members of the House.
  Mr. Speaker, Judge Porteous engaged in a pattern of conduct that is 
incompatible with the trust and confidence placed in him as a Federal 
judge. His longstanding pattern of corrupt conduct, so utterly lacking 
in honesty or integrity, demonstrates his unfitness to serve as a U.S. 
District Court judge. His material false statements about his past, 
made knowingly to both the U.S. Senate and to the FBI in order to 
obtain his Federal office, deprived the Senate and the public of 
information that would have had a material impact on his confirmation. 
Accordingly, I urge the House to approve the Articles of Impeachment 
included in House Resolution 1031.
  Mr. SMITH of Texas. Mr. Speaker, I yield 7 minutes to the ranking 
member of the Impeachment Task Force, the gentleman from Virginia (Mr. 
Goodlatte.)
  Mr. GOODLATTE. I want to thank our ranking member, the gentleman from 
Texas, for yielding me time and for his active engagement in support of 
moving this process forward.
  Mr. Speaker, Article III of the Constitution provides that Federal 
judges are appointed for life and that they ``shall hold their offices 
during good behavior.'' Indeed, the Framers new that an independent 
judiciary free of political motivations was necessary to the fair 
resolution of disputes and the fair administration of our laws. 
However, the Framers were also pragmatists and had the foresight to 
include checks against the abuse of the independence and power that 
comes with a judicial appointment.
  Article I, Section 2, Clause 5 of the Constitution grants the House 
of Representatives the sole power of impeachment. This is a very 
serious power that should not be undertaken lightly. Indeed, it is a 
rare and solemn occasion when the House of Representative must vote on 
Articles of Impeachment against a Federal judge. Today's vote will mark 
only the second time in over 20 years that this has occurred. However, 
when the evidence emerges that an individual is abusing his judicial 
office for his own advantage, the integrity of the judicial system 
becomes compromised, and the House of Representatives has the duty to 
investigate the matter and take the appropriate actions to end the 
abuse and restore confidence in the judicial system.
  On June 17, 2008, the Judicial Conference of the United States 
certified to the House of Representatives that ``consideration of 
impeachment of U.S. District Judge G. Thomas Porteous may be 
warranted.'' This certification was the culmination of an investigation 
and formal complaint by the Department of Justice, an investigation and 
final report by a special investigatory committee appointed by the 
Fifth Judicial Circuit, and consideration and vote by the Judicial 
Council of the Judicial Conference of the United States.
  In September 2008, the House passed a resolution instructing the 
Judiciary Committee to further investigate whether Judge Porteous 
should be impeached. The Task Force on Judicial Impeachment was then 
created by the House Judiciary Committee to further investigate the 
matter. The task force conducted an exhaustive investigation, working 
with law enforcement and judicial officials, conducting numerous 
interviews, taking depositions from key witnesses, gathering evidence 
and transcripts from previous investigations, and conducting 
congressional hearings. Those efforts have uncovered a large amount of 
information, including much new evidence that was not uncovered in 
previous investigations.
  The evidence shows that, among other instances of misconduct, while 
on the Federal bench, Judge Porteous refused to recuse himself from a 
Federal case when he had previously engaged in a corrupt kickback 
scheme with the attorneys representing the defense; that he later took 
thousands of dollars in cash from those same attorneys while the case 
was still pending; that he took gifts from a bail bondsman in exchange 
for granting favorable bond rates for him and then improperly expunged 
the records of two of the bail bondsman's employees, one after Porteous 
was confirmed by the Senate to be a Federal judge; that he used his 
influence as a Federal judge to help the Marcottes establish beneficial 
relationships with State court judges; that he lied to a bankruptcy 
court when he filed for bankruptcy and then violated a bankruptcy court 
order mandating that he not incur further debt; and that he made 
materially false statements to the U.S. Senate and the FBI during his 
confirmation process.
  Based on the evidence gathered on January 21, 2010, I joined with 
Chairman Conyers, Ranking Member Smith, and Task Force Chairman Schiff 
to introduce House Resolution 1031, which contains four separate 
Articles of Impeachment against Judge Porteous. The details of these 
Articles have been discussed already today. It is important to note 
that every member of the Task Force on Judicial Impeachment joined as 
an original cosponsor of these articles. Furthermore, these Articles of 
Impeachment were reported from the Judiciary Committee with a unanimous 
vote of 24-0, a very rare occurrence. It is my strong recommendation 
that the Members of the House now support these Articles of Impeachment 
against Judge Porteous.
  It is also important to note that during the task force investigation 
Judge Porteous was invited to come testify, but declined this 
invitation. His attorney was also invited to attend the hearings, was 
given the privilege of asking questions of the witnesses at the 
hearings, and was offered the opportunity to bring forth witnesses on 
behalf of Judge Porteous.
  I would like to take this opportunity to thank Adam Schiff, the 
chairman of the Task Force on Judicial Impeachment, for his leadership 
in this effort, along with all of the Members of the Task Force on both 
sides of the aisle. As ranking member of the Impeachment Task Force, I 
appreciate the fact that this effort was undertaken in a nonpartisan 
fashion.
  I would like to thank the task force staff on both sides of the aisle 
and Branden Ritchie, legislative counsel in my office, for their 
dedicated and invaluable work on this matter.
  I would like to also thank Chairman Conyers and Ranking Member Smith 
for their comprehensive, yet expeditious, consideration of these 
Articles of Impeachment in the full Judiciary Committee. I'd also like 
to extend additional thanks to the gentleman from Wisconsin (Mr. 
Sensenbrenner), who's the only Member who participated in the last 
series of impeachment of Federal judges back in the 1980s. His 
experience and knowledge has been invaluable as well.
  I urge my colleagues in the House, not in a bipartisan manner, but in 
a nonpartisan manner, to join in supporting all four of these Articles 
of Impeachment and send this measure to the United States Senate for 
trial.
  Mr. CONYERS. Mr. Speaker, how much time remains on both sides?
  The SPEAKER pro tempore. The gentleman from Michigan has 15 minutes. 
The gentleman from Texas has 22 minutes.
  Mr. CONYERS. I yield such time as she may consume to a member of the 
committee, the gentlewoman from Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE of Texas. Mr. Speaker, this is indeed a sad day and a 
solemn day. As indicated by my colleagues on the floor of the House, 
however, it is an obligation of this body.

[[Page 3152]]

I'd like to acknowledge the chairman of the Impeachment Task Force, 
Congressman Schiff, for his leadership, but also for his balance and 
temperament in a very serious challenge that we have in providing the 
guideposts and the moral guideposts for a number of tough issues that 
deal with our Federal Judiciary and a number of other instances where 
impeachment is in fact the authority of this body and the Constitution. 
I'd like to acknowledge the ranking member, Mr. Goodlatte; the chairman 
of the full committee, Mr. Conyers; and the ranking member, Mr. Smith.
  This is an instance where you would have hoped that we would have had 
a different outcome. But as my colleagues have so articulately 
expressed, there was a long pattern that many of us found very 
disturbing. Judge Thomas Porteous seemingly began these actions without 
reproof while he was a State district judge, soliciting and accepting 
cash and other things of values from attorneys practicing before him, 
and failing to recuse himself from a prominent case in which those 
attorneys were involved.

                              {time}  1115

  As a State judge, he repeatedly accepted things of value from bail 
bondsmen in exchange for setting bonds at levels to increase profits 
for the bail bondsmen and, after becoming a Federal judge, assisting 
them in forming corrupt relationships with other State judges. The 
pattern continued.
  As a Federal judge, he fraudulently concealed his personal 
bankruptcy, income, assets, gambling activities, gambling debts, and in 
violation of court order, incurring additional gambling debt while his 
bankruptcy proceeding was pending.
  He fraudulently concealed, in his FBI background check and on his 
Senate questionnaire, the corrupt relationships with attorneys and bail 
bondsmen.
  I think it is worth noting that Judge Porteous began his career as a 
State court judge, but because of the concealment of these activities, 
he was then nominated to the Federal bench. In the essence of being 
nominated, let me be very clear, one could have personally taken one's 
self out of the running for a bench as high and as sacred as a Federal 
Judiciary. That is a lifetime appointment, but at no time during the 
time that his nomination was put before the President of the United 
States, the United States Senate, did Judge Porteous think that his 
previous behavior did not warrant him ascending to the Federal bench. 
That saddens me. Maybe we need to look more at counseling individuals 
who are seeking or have the opportunity to be nominated to these high 
offices. Maybe they need that to understand the flaws or failures in 
their character or performance.
  Again, fraudulently concealing in his FBI background check and on his 
Senate questionnaire the corrupt relationships with the attorneys and 
bail bondsmen, evidence that the committee was able to see when 
questions were asked whether there was anything in your background that 
would warrant you not being able to be appointed to the Federal bench, 
this judge did not answer truthfully.
  The Department of Justice attempted to reprimand, and their complaint 
indicated that the instances of Judge Porteous' dishonesty in his own 
sworn statements and court filings, his decade-long course of conduct 
in soliciting and accepting streams of payments and gifts from 
litigants and lawyers with matters before him, and his repeated failure 
to disclose those dealings to interested parties and the court all 
render him unfit as an Article III judge, that is, a Federal judge.
  Although the Department did not seek criminal charges for reasons 
that involve partly the statute of limitations, their complaint 
indicated that his actions would render him unfit as an Article III 
judge. The Fifth Circuit also moved to take the maximum disciplinary 
action allowed by law against Judge Porteous, suspending him for 2 
years or until Congress takes final action on the impeachment 
proceedings.
  Unfortunately and sadly, that day has come, and as we had asked, 
through the task force, for the opportunity for Judge Porteous to have 
due process, and that is to give him the opportunity to speak before 
the task force and, the alternative, to allow witnesses to come on his 
behalf, none of that was accepted. So today I rise on the floor of the 
House to accept the findings of our task force and the vote of our 
committee in full and ask this body to address the concern by sending 
this to the United States Senate for hearings on impeachment. This is a 
resolution to suggest that the Articles of Impeachment should be passed 
to the United States Senate under our constitutional process.
  Again, this is a sad day and a solemn day. But sadly, this indicates 
that a behavior of an individual who has achieved one of the highest 
offices in the land, that is, of the Article III courts, judge for life 
on the Federal bench, deserves, if you will, to be recommended for 
impeachment.
  I ask for a vote of ``yes'' on the resolution.
  Mr. Speaker, I rise in support of H. Res 1031, a resolution setting 
forth four Articles of Impeachment against G. Thomas Porteous, Jr., 
judge of the U.S. District Court for the Eastern District of Louisiana, 
for high crimes and misdemeanors. I would like to thank our Judiciary 
Chairman Conyers for shepherding this bill through the Judiciary 
Committee so that justice can be served.
  The Judiciary Committee was charged with determining whether federal 
Judge Thomas Porteous should be impeached for the following: soliciting 
and accepting cash and other things of value from attorneys practicing 
before him and failing to recuse himself from a prominent case in which 
those attorneys were involved; as a State judge, repeatedly accepting 
things of value from bail bondsmen in exchange for setting bonds at 
levels to increase profits for the bail bondsmen and, after becoming a 
federal judge, assisting them in forming corrupt relationships with 
other State judges; as a federal judge, fraudulently concealing, in his 
personal bankruptcy, income, assets, gambling activities, and gambling 
debts and, in violation of court order, incurring additional gambling 
debt while his bankruptcy proceeding was pending; and fraudulently 
concealing, in his FBI background check and on his Senate 
questionnaire, the corrupt relationships with the attorneys and bail 
bondsmen.
  As a federal judge, Judge Thomas Porteous's number one responsibility 
under the oath that he is sworn to is to ensure that the laws of the 
land under the United States Constitution are protected and supported. 
The Justice Department investigated whether or not Judge Porteous broke 
his oath. In May 2007, the Department of Justice and the Federal Bureau 
of Investigation completed a multi-year criminal investigation of Judge 
Porteous and submitted a formal complaint of judicial misconduct to the 
U.S. Court of Appeals for the Fifth Circuit.
  Although the Department decided not to seek criminal charges for 
reasons including statute of limitations issues and other factors 
impacting prosecution, the complaint stated that the investigation 
uncovered evidence that ``indicates that Judge Porteous may have 
violated federal and state criminal laws, controlling canons of 
judicial conduct, rules of professional responsibility, and conducted 
himself in a manner antithetical to the constitutional standard of good 
behavior required of all federal judges.'' The complaint concluded that 
``the instances of Judge Porteous's dishonesty in his own sworn 
statements and court filings, his decade-long course of conduct in 
soliciting and accepting a stream of payments and gifts from litigants 
and lawyers with matters before him, and his repeated failures to 
disclose those dealings to interested parties and the Court all render 
him unfit as an Article III judge.''
  Mr. Speaker, there was also an investigation by the Fifth Circuit. 
The Fifth Circuit appointed a Special Investigatory Committee to 
investigate the allegations. Hearings were held at which Judge 
Porteous, representing himself, made statements, cross-examined 
witnesses, and called witnesses on his own behalf. Based on the Special 
Committee's report concluding that Judge Porteous had engaged in 
conduct which might constitute grounds for impeachment, the Judicial 
Conference voted unanimously to certify the matter to the U.S. House of 
Representatives, based on substantial evidence that Judge Porteous had 
repeatedly committed perjury, willfully and systematically concealed 
information from litigants and the public, violated several criminal 
statutes and ethical canons, and made false representations with the 
intent to defraud.
  The Fifth Circuit also moved to take the maximum disciplinary action 
allowed by law

[[Page 3153]]

against Judge Porteous, suspending him for two years or ``until 
Congress takes final action on the impeachment proceedings.''
  As Members of the House Judiciary Impeachment Task Force, my 
colleagues were directed by the House to determine whether there was 
sufficient evidence to impeach Judge Porteous for the alleged crimes 
for which he was being charged. As part of the initial investigation, 
our staff interviewed over 65 individuals, deposed approximately 25 
witnesses under oath, and obtained documents from various sources, 
including from witnesses, the 24th Judicial Court in Jefferson Parish, 
Louisiana, and the Department of Justice.
  After the initial investigatory phase, the task force held four 
separate hearings over five days in November and December 2009 in order 
to determine whether Judge Porteous's conduct provides a sufficient 
basis for impeachment and to develop a record upon which to recommend 
whether to adopt Articles of Impeachment.
  The first task force hearing focused on allegations of misconduct in 
relation to Judge Porteous presiding over the case In re: Liljeberg 
Enterprises, Inc. The record reflects that Judge Porteous was engaged 
in a corrupt kickback scheme with the law firm of Amato & Creely, that 
he failed to disclose his relationship with the firm, and that he 
denied a motion to recuse himself from the case despite the firm's 
representation of one of the parties. The kickback scheme involved 
appointing Mr. Creely as a curator in hundreds of cases, with fees 
amounting to approximately $40,000 paid to the Amato & Creely firm, 
approximately half of which was paid back to Judge Porteous. Judge 
Porteous made intentionally misleading statements at the recusal 
hearing, intended to minimize the extent of this personal relationship 
with the firm. The record also reflects that Judge Porteous engaged in 
corrupt conduct after the bench trial and while the case was under 
advisement, by soliciting and accepting things of value from attorneys 
at the firm, including $2,000 in cash. This corrupt relationship and 
his conduct as a federal judge have brought his court into scandal and 
disrepute and demonstrate that he is unfit for office.
  The second task force hearing focused on allegations that Judge 
Porteous repeatedly made false and misleading statements, including the 
concealment of debts, under oath and in disregard of a bankruptcy 
court's orders. The record reflects that as a federal judge, he 
knowingly and intentionally made material false statements and 
representations under penalty of perjury and repeatedly violated a 
court order in his case. This included using a false name and post 
office box to conceal his identity as a debtor in the case; concealing 
assets, preferential payments to certain creditors, and gambling losses 
and debts; and incurring new debts while the case was pending in 
violation of the court's order.
  The third task force hearing focused on allegations that Judge 
Porteous engaged in a corrupt relationship with bail bondsman Louis 
Marcotte and his sister Lori. The record reflects that as part of this 
corrupt relationship, Judge Porteous solicited and accepted numerous 
things of value, including meals, trips, and home and car repairs, for 
his personal use and benefit, while at the same time taking official 
actions to improperly benefit the Marcottes. This included setting, 
reducing, and splitting bonds for the Marcottes while on the State 
bench, and improperly setting aside or expunging felony convictions for 
two Marcotte employees. Judge Porteous also used the power and prestige 
of his office to assist the Marcottes in forming relationships with 
State judicial officers and others. Judge Porteous also knew and 
understood that Louis Marcotte made false statements to the FBI in an 
effort to assist his appointment to the federal bench.


Fourth Hearing--False and Misleading Statements in Confirmation; Expert 
                                 Views

  At the fourth hearing, the Task Force received testimony from a panel 
of constitutional scholars on whether Judge Porteous's conduct renders 
him unfit to hold office and provides a sufficient basis for 
impeachment. The scholars considered not only allegations that were the 
subject of the previous hearings, but also the record reflecting that 
Judge Porteous had knowingly made material false statements about his 
past to both the U.S. Senate and to the FBI in connection with his 
nomination to the federal bench in order to conceal corrupt 
relationships. In addition, Judge Porteous knew that another individual 
made false statements to the FBI in an effort to assist his appointment 
to the federal bench. Judge Porteous's failure to disclose these 
corrupt relationships deprived the U.S. Senate and the public of 
information that would have had a material impact on his confirmation. 
The panel of experts testified that making these materially false 
statements. clearly constituted impeachable conduct, as did the conduct 
established in the previous task force hearings.
  The task force invited Judge Porteous to testify, but he declined the 
offer. In addition, the task force afforded the opportunity for Judge 
Porteous and his counsel to request that the task force hear from a 
witness or witnesses that they wish to call. Judge Porteous's counsel 
informed the task force that they did not wish to avail themselves of 
that opportunity. The task force permitted Judge Porteous's counsel to 
participate in the hearings on behalf of his client and to question the 
witnesses. This was an extraordinary prerogative that was granted to 
counsel.
  After the task force concluded that the full record established that 
Judge Porteous should be impeached for high crimes and misdemeanors, we 
met on January 21st and unanimously voted in favor of recommending four 
Articles of Impeachment for consideration by the House Judiciary 
Committee. These Articles were subsequently introduced in the House in 
the form of H. Res. 1031. On January 27th, the House Judiciary 
Committee individually approved each Article unanimously and ordered H. 
Res. 1031 favorably reported by a rollcall vote of 24-0.
  Mr. Speaker, today we must determine whether we fulfill our duty to 
uphold the laws of the Constitution and allow justice to be served or 
whether we will condone what has been determined by my colleagues on 
the judiciary committee as impeachable actions. As a member of the 
Impeachment Task Force, I had an opportunity to see firsthand the 
evidence that was presented in this case and believe that Judge 
Porteous should be impeached for his actions.
  Mr. Speaker, I strongly support H. Res. 1031 and urge my colleagues 
to join me in upholding the laws of our great nation.
  Mr. SMITH of Texas. Mr. Speaker, I yield 5 minutes to the gentleman 
from Wisconsin (Mr. Sensenbrenner), former chairman of the Judiciary 
Committee.
  Mr. SENSENBRENNER. Before I begin, I demand a division of the 
question for a separate vote on each of the four Articles of 
Impeachment.
  The SPEAKER pro tempore. The question is divisible and will be 
divided for the vote by article.
  Mr. SENSENBRENNER. Mr. Speaker, both the Task Force on Judicial 
Impeachment and the full Judiciary Committee unanimously adopted and 
reported out House Resolution 1031. The overwhelming support for this 
resolution is indicative of the weight of evidence supporting the four 
Articles of Impeachment against Judge G. Thomas Porteous.
  Impeaching a Federal judge is not something that the House of 
Representatives takes lightly, and impeachment proceedings are not 
something that we consider too often around here. By my count, this is 
only the 20th time that the House of Representatives will impeach a 
civil officer under the Constitution, and these tasks are not pleasant. 
When we need to do them from time to time, it is our responsibility, as 
Members of the House of Representatives. I have been involved in a 
number of impeachment proceedings over the years, but never before have 
I seen the overwhelming and blatant corruption we have before us here 
today. Judge Porteous is one of a kind, and it is time for him to 
receive his comeuppance.
  The FBI and Justice Department have spent years investigating the 
wrongdoings by this judge. After their investigation, the Judicial 
Conference of the United States unanimously voted to refer this matter 
to the United States House of Representatives. In addition to the 
Justice Department's investigation, the staff of our Impeachment Task 
Force conducted a systematic investigation. This investigation resulted 
in four evidentiary hearings over the course of 5 days late last year, 
and it culminated in the full Judiciary Committee unanimously voting to 
approve four Articles of Impeachment against Judge Porteous.
  The Impeachment Task Force hearings laid out overwhelming corruption 
orchestrated by Judge Porteous. My colleagues on the task force have 
detailed the specific actions taken by Judge Porteous, but I think it 
is worthwhile to focus on a few of them.
  Judge Porteous was engaged in a crooked kickback scheme with his 
buddies at the law firm of Amato & Creely. The firm received tens of 
thousands of dollars in curator fees, and they kicked

[[Page 3154]]

back about half of it to the judge. The kickback scheme wasn't the only 
shady dealing Judge Porteous engaged in with Amato & Creely. He was so 
emboldened that he would solicit gifts and cash while sitting on the 
bench. Sometimes he accepted trips. Other days, it was an expensive 
lunch or dinner. On another occasion, Creely helped pay for the judge's 
son's bachelor party in Las Vegas.
  He didn't just solicit from Amato & Creely but also from others with 
business before his court. With this information alone, there should be 
no question about his blatant ethical lapses, rendering him unfit to 
serve on the Federal bench, but there's more.
  Judge Porteous made false and misleading statements under the penalty 
of perjury with regard to his debts and bankruptcy proceedings. He 
misrepresented his name on court filings and used a post office box to 
conceal his identity. He also attempted to conceal assets and violated 
court rules.
  While it's sad to say these actions almost seemed innocuous compared 
to his other actions and corrupt relationships, our task force spent a 
day focusing our attention on Judge Porteous' relationship with a bail 
bondsman named Louis Marcotte and his sister Lori. This hearing 
included testimony about the judge soliciting meals and trips like he 
did with the lawyers but also other things of value, such as auto and 
home repairs. In return, Judge Porteous assisted the Marcottes.
  Judge Porteous had the opportunity to testify before the task force, 
but he chose not to participate in the proceedings. The entirety of the 
record by the task force plainly shows a pattern of unethical conduct 
that is not worthy of a Federal judge. The evidence demonstrates that 
he clearly abused his office and had complete disregard for the laws 
that he took an oath to uphold.
  Soon, the onus will fall on the Senate to hold a trial. The clock is 
ticking, and it's important this trial take place promptly. Judge 
Porteous' suspension is set to expire in September, making him eligible 
to return to the bench. It is imperative that the Senate act 
expeditiously to ensure that this corrupt judge does not resume his 
perch on the Federal bench and preside again.
  I urge my colleagues to join me in voting to impeach Judge G. Thomas 
Porteous on each of the four Articles of Impeachment.
  Mr. CONYERS. I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield 3 minutes to the gentleman 
from Louisiana (Mr. Scalise), a Member of Congress who has taken an 
active interest in this case.
  Mr. SCALISE. I thank the gentleman from Texas for yielding.
  I rise in support of the resolution to impeach U.S. District Judge 
Thomas Porteous, who is a judge representing the Eastern District of 
Louisiana. I want to thank Representatives Schiff of California, 
Goodlatte of Virginia, Chairman Conyers of Michigan, Ranking Member 
Smith of Texas, and the entire Judiciary Committee and task force for 
their diligent investigation and for keeping this a priority in your 
committee.
  After I read through all four Articles of Impeachment, it is clear 
that the task force's findings warrant Judge Porteous' removal from the 
Federal bench. In order to remove the cloud that exists, we need to 
pass this resolution so the Eastern District of Louisiana can once 
again provide the citizens a justice system free from corruption.
  It is important that we pass this resolution today and that the 
Senate takes this up in a time frame that doesn't allow Judge Porteous 
to return to the bench, as would be the case in September if no further 
action is taken. Passing this resolution will be yet another shot 
across the bow and a strong reminder to everyone in public office that 
we will not tolerate corruption and that we will maintain a zero 
tolerance policy against public corruption at every level of 
government.
  Since Katrina, we've been vigilant against corruption at all levels 
of government in south Louisiana. From Members of Congress to our local 
levee boards, Louisiana is rebuilding the way our government works, and 
we have made a commitment to upholding a zero tolerance policy against 
public corruption at every level. This resolution reiterates that our 
commitment is not just in word but in tough action.
  Following Hurricane Katrina, those of us who vowed to rebuild the New 
Orleans region both structurally and politically didn't just want to 
simply rebuild the same old broken system that existed before the 
storm. In fact, we committed to rebuild better. Part of that better New 
Orleans includes reforming the old, corrupt system of the past. 
Corruption might be a part of Louisiana's past, but it's no longer 
acceptable behavior for our future.
  I urge my colleagues to pass this resolution and also urge the Senate 
to move swiftly in carrying out justice. A number of times I have urged 
Judge Porteous to resign from the bench, and I would still encourage 
him to do that. But short of that, Senate action in a swift timeframe 
is necessary. Help us usher in a new day in Louisiana.
  Mr. CONYERS. I continue to reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield 2 minutes to the gentleman 
from North Carolina (Mr. Coble), a distinguished and senior member of 
the Judiciary Committee.
  Mr. COBLE. Mr. Speaker, I thank my friend, the distinguished 
gentleman from Texas, for yielding.
  It has been said time and again today, Mr. Speaker, and I reiterate 
it, it is, indeed, a sad day today. Hopefully, none of us takes great 
glee in another's misfortune, but it appears, regarding the case at 
hand, we have little or no choice.
  The issue of ethics has become a prominent issue, and the American 
citizenry justifiably insists as well as demands that high 
officeholders practice high ethical values. In this case, it appears 
clear that the judge did, indeed, violate the oath of his office. He 
violated the trust that the public extended to him. I know of no 
greater office than that of a United States Federal judge. People 
clamor for it. They fight for it, to get on that bench. And once on the 
bench, I think we are justified in insisting that they comply 
ethically, accordingly.
  The House Judiciary Committee, as you know, is the committee of 
jurisdiction on impeachment matters. Nothing's happy about it. 
Nothing's gleeful about it, but we discharge our duties.
  I thank everyone on the floor for having spoken on this resolution, 
and I urge its passage.
  Mr. CONYERS. I continue to reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, today's vote on the Articles of Impeachment against 
Judge Porteous is necessary to ensure justice is applied to a corrupt 
Federal judge. When a judge is given a lifetime appointment, it is a 
tremendous honor and responsibility. They serve the ideals of justice. 
But when a judge abuses this authority, they must be held accountable 
for any violation of those same principles of justice. Congress has an 
obligation to put an end to Judge Porteous' abuse of authority and 
remove him from the bench.
  I urge my colleagues to vote in favor of each of the four Articles of 
Impeachment being considered today and to help restore integrity to the 
Federal bench. I also hope the Senate will act quickly to conduct the 
trial of Judge Porteous.
  Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to support H. Res. 
1031. As Chairman of the Subcommittee on Courts and Competition Policy 
and a member of the Impeachment Task Force which heard evidence of the 
unacceptable conduct of Judge Porteous, I continue to feel strongly 
that the integrity of our judiciary is of the utmost importance. Based 
on the evidence provided to the Task Force, Judge Porteous violated his 
responsibility to uphold the honesty of our judiciary. Congress must 
vote in favor of this resolution to demonstrate that such conduct 
cannot and will not be tolerated from our judiciary.

                              {time}  1130

  Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
  Mr. CONYERS. Mr. Speaker, I want to commend my colleagues on both

[[Page 3155]]

sides of the aisle for the very thoughtful discussion that has gone on 
around this matter.
  I yield back the balance of my time.
  The SPEAKER pro tempore. All time having been yielded back, the Chair 
will divide the question for voting among the four articles of 
impeachment.
  The question is on resolving the first article of impeachment.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on resolving the first article of impeachment 
will be followed by 5-minute votes, if ordered, on resolving each of 
the three succeeding articles, and motions to suspend the rules with 
regard to House Resolution 1107 and House Resolution 1047, if ordered.
  The vote was taken by electronic device, and there were--yeas 412, 
nays 0, not voting 18, as follows:

                             [Roll No. 102]

                               YEAS--412

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--18

     Bilirakis
     Boehner
     Brown (SC)
     Buyer
     Davis (AL)
     Davis (CA)
     Deal (GA)
     Diaz-Balart, L.
     Hoekstra
     Jackson Lee (TX)
     Larson (CT)
     Lowey
     McCarthy (NY)
     Richardson
     Schakowsky
     Tonko
     Towns
     Young (FL)

                              {time}  1157


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes remain in this 
vote.
  So the first article of impeachment was adopted.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Ms. SCHAKOWSKY. Mr. Speaker, on rollcall No. 102, had I been present, 
I would have voted ``yea.''
  Mr. TONKO. Mr. Speaker, on rollcall No. 102, I was detained with 
legislative business. Had I been present, I would have voted ``yea.''
  Mrs. DAVIS of California. Mr. Speaker, on rollcall No. 102, had I 
been present, I would have voted ``yea.''
  Mr. BILIRAKIS. Mr. Speaker, on rollcall No. 102, had I been present, 
I would have voted ``yea.''
  Mr. LARSON of Connecticut. Mr. Speaker, on rollcall No. 102, had I 
been present, I would have voted ``yea.''
  The SPEAKER pro tempore. The question is on resolving the second 
article of impeachment.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. SENSENBRENNER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 410, 
noes 0, not voting 20, as follows:

                             [Roll No. 103]

                               AYES--410

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown, Corrine
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison

[[Page 3156]]


     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--20

     Baldwin
     Bilbray
     Brown (SC)
     Brown-Waite, Ginny
     Butterfield
     Buyer
     Davis (AL)
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Griffith
     Hoekstra
     Hunter
     Larson (CT)
     Miller, George
     Ros-Lehtinen
     Shuster
     Towns
     Woolsey
     Young (FL)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes remain in this 
vote.

                              {time}  1204

  So the second article of impeachment was adopted.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. LARSON of Connecticut, Mr. Speaker, on rollcall No. 103, had I 
been present, I would have voted ``aye.''
  Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, on rollcall No. 103, I 
was unavoidably detained. Had I been present, I would have voted 
``aye.''
  The SPEAKER pro tempore. The question is on resolving the third 
article of impeachment.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. SENSENBRENNER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 416, 
noes 0, not voting 14, as follows:

                             [Roll No. 104]

                               AYES--416

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan

[[Page 3157]]


     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--14

     Bishop (UT)
     Brown (SC)
     Buyer
     Davis (AL)
     Deal (GA)
     Diaz-Balart, L.
     Griffith
     Hoekstra
     Larson (CT)
     Miller, George
     Rangel
     Speier
     Woolsey
     Young (FL)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes remain in this 
vote.

                              {time}  1211

  So the third article of impeachment was adopted.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. LARSON of Connecticut. Mr. Speaker, on rollcall No. 104, had I 
been present, I would have voted ``aye.''
  The SPEAKER pro tempore. The question is on resolving the fourth 
article of impeachment.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. SENSENBRENNER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 423, 
noes 0, not voting 7, as follows:

                             [Roll No. 105]

                               AYES--423

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E.B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--7

     Buyer
     Davis (AL)
     Deal (GA)
     Diaz-Balart, L.
     Griffith
     Hoekstra
     Young (FL)

                              {time}  1244

  So the fourth article of impeachment was adopted.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




           RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE

  Mr. BOEHNER. Mr. Speaker, I send to the desk a privileged resolution 
and ask for its immediate consideration in the House.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read as follows:

                              H. Res. 1164

       Whereas, on March 8, 2010, Representative Eric Massa 
     resigned from the House;
       Whereas, numerous newspapers and other media organizations 
     reported in the days before and after Mr. Massa's resignation 
     that the Committee on Standards of Official Conduct was 
     investigating allegations that Mr. Massa sexually harassed 
     Members of his congressional staff;
       Whereas, on March 3, 2010, Majority Leader Hoyer's office 
     issued a statement saying, ``The week of February 8th, a 
     member of Rep. Massa's staff brought to the attention of Mr. 
     Hoyer's staff allegations of misconduct that had been made 
     against Mr. Massa. Mr. Hoyer's staff immediately informed him 
     of what they had been told'';
       Whereas, on Thursday, March 4, Roll Call newspaper 
     reported, ``Speaker Nancy Pelosi said she only learned 
     Wednesday of misconduct allegations against freshman Rep. 
     Eric Massa, though her staff had learned of it earlier and 
     decided against briefing her. `There had been a rumor, but 
     just that,' Pelosi told reporters at her weekly news 
     conference. `A one-, two-, three-person rumor that had been 
     reported to Mr. Hoyer's office and reported to my staff which 
     they did not report to me because you know what? This is 
     rumor city. There are rumors.''';
       Whereas, on March 11, 2010, The Washington Post reported, 
     ``House Speaker Nancy Pelosi's office was notified in October 
     by then-Rep. Eric Massa's top aide [Joe Racalto] of concerns 
     about the New York Democrat's behavior'';
       Whereas, on March 11, 2010, Politico newspaper reported, 
     ``Democratic insiders say Pelosi's office took no action 
     after Racalto expressed his concerns about his then-boss in 
     October'';
       Whereas, on March 9, 2010, The Corning Leader newspaper 
     reported, ``Hoyer said last

[[Page 3158]]

     week he told Massa to inform the House Ethics Committee of 
     the charges within 48 hours. `Steny Hoyer has never said a 
     single word to me, never, not once, not a word,' Massa said 
     Sunday. `This is a lie. It is a blatant false statement.''';
       Whereas, numerous confusing and conflicting media reports 
     that House Democratic leaders knew about, and may have failed 
     to handle appropriately, allegations that Rep. Massa was 
     sexually harassing his own employees have raised serious and 
     legitimate questions about what Speaker Pelosi as well as 
     other Democratic leaders and their respective staffs were 
     told, and what those individuals did with the information in 
     their possession;
       Whereas, the aforementioned media accounts have held the 
     House up to public ridicule;
       Whereas, the possibility that House Democratic leaders may 
     have failed to immediately confront Rep. Massa about 
     allegations of sexual harassment may have exposed employees 
     and interns of Rep. Massa to continued harassment;
       Whereas, clause one of rule XXIII of the Rules of the House 
     of Representatives, titled ``Code of Conduct,'' states ``A 
     Member, Delegate, Resident Commission, officer, or employee 
     of the House shall conduct himself at all times in a manner 
     that shall reflect creditably on the House'';
       Whereas, the Committee on Standards of Official Conduct is 
     charged under House Rules with enforcing the Code of Conduct: 
     Now, therefore, be it
       Resolved:
       (1) The Committee on Standards of Official Conduct is 
     directed to investigate fully, pursuant to clause 3(a)(2) of 
     House rule XI, which House Democratic leaders and members of 
     their respective staffs had knowledge prior to March 3, 2010 
     of the aforementioned allegations concerning Mr. Massa, and 
     what actions each leader and staffer having any such 
     knowledge took after learning of the allegations;
       (2) Within ten days following adoption of this resolution, 
     and pursuant to Committee on Standards of Official Conduct 
     rule 19, the committee shall establish an Investigative 
     Subcommittee in the aforementioned matter, or report to the 
     House no later than the final day of that period the reasons 
     for its failure to do so;
       (3) All Members and staff are instructed to cooperate fully 
     in the committee's investigation and to preserve all records, 
     electronic or otherwise, that may bear on the subject of this 
     investigation;
       (4) The Chief Administrative Officer shall immediately take 
     all steps necessary to secure and prevent the alteration or 
     deletion of any e-mails, text messages, voicemails and other 
     electronic records resident on House equipment that have been 
     sent or received by the Members and staff who are the 
     subjects of the investigation authorized under this 
     resolution until advised by the Committee on Standards of 
     Official Conduct that it has no need of any portion of said 
     records; and,
       (5) The Committee shall issue a final report of its 
     findings and recommendations in this matter no later than 
     June 30, 2010.

  The SPEAKER pro tempore. The resolution presents a question of 
privilege.


                     Motion to Refer the Resolution

  Mr. CLYBURN. Mr. Speaker, I move that the resolution be referred to 
the Committee on Standards of Official Conduct.
  The SPEAKER pro tempore. The gentleman from South Carolina is 
recognized for 1 hour.
  Mr. CLYBURN. Mr. Speaker, this is a matter that properly belongs 
before the Committee on Standards of Official Conduct.
  I yield back the balance of my time, and I move the previous question 
on the motion.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. BOEHNER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 404, 
noes 2, answered ``present'' 15, not voting 9, as follows:

                             [Roll No. 106]

                               AYES--404

     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                                NOES--2

     Johnson (IL)
     Rohrabacher
       

                        ANSWERED ``PRESENT''--15

     Bonner
     Butterfield
     Castor (FL)
     Chandler
     Conaway
     Dent
     Harper
     Hastings (WA)
     Johnson (GA)
     Lofgren, Zoe
     McCaul
     Myrick
     Simpson
     Walden
     Welch

                             NOT VOTING--9

     Akin
     Buyer
     Davis (AL)
     Deal (GA)
     Diaz-Balart, L.
     Griffith
     Hoekstra
     Ryan (OH)
     Young (FL)

[[Page 3159]]




                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes remain in this 
vote.

                              {time}  1314

  Mr. KING of Iowa changed his vote from ``no'' to ``aye.''
  Mr. McCAUL changed his vote from ``aye'' to ``present.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the motion to refer.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. CANTOR. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to refer the resolution will be followed by a 
5-minute vote on suspending the rules and agreeing to House Resolution 
1107.
  The vote was taken by electronic device, and there were--ayes 402, 
noes 1, answered ``present'' 15, not voting 12, as follows:

                             [Roll No. 107]

                               AYES--402

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Etheridge
     Fallin
     Farr
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth

                                NOES--1

       
     Fattah
       

                        ANSWERED ``PRESENT''--15

     Bonner
     Butterfield
     Castor (FL)
     Chandler
     Conaway
     Dent
     Harper
     Hastings (WA)
     Johnson (GA)
     Lofgren, Zoe
     McCaul
     Myrick
     Simpson
     Walden
     Welch

                             NOT VOTING--12

     Berry
     Buyer
     Davis (AL)
     Deal (GA)
     Diaz-Balart, L.
     Eshoo
     Griffith
     Hoekstra
     Mitchell
     Speier
     Young (AK)
     Young (FL)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes remain in this 
vote.

                              {time}  1331

  So the motion was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




        RECOGNIZING THE 189TH ANNIVERSARY OF GREEK INDEPENDENCE

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 1107, 
on which the yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Connolly) that the House suspend the rules 
and agree to the resolution, H. Res. 1107.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 414, 
nays 0, answered ``present'' 1, not voting 15, as follows:

                             [Roll No. 108]

                               YEAS--414

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx

[[Page 3160]]


     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                        ANSWERED ``PRESENT''--1

       
     Gohmert
       

                             NOT VOTING--15

     Buyer
     Conyers
     Davis (AL)
     Deal (GA)
     Diaz-Balart, L.
     Griffith
     Herseth Sandlin
     Hoekstra
     Linder
     Murphy, Tim
     Paul
     Pence
     Speier
     Waters
     Young (FL)

                              {time}  1341

  So (two-thirds being in the affirmative) the rules were suspended and 
the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




     COMMENDING OHIO STATE FOOTBALL TEAM ON 2010 ROSE BOWL VICTORY

  The SPEAKER pro tempore (Mr. Driehaus). The unfinished business is 
the question on suspending the rules and agreeing to the resolution, H. 
Res. 1047.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Puerto Rico (Mr. Pierluisi) that the House suspend the 
rules and agree to the resolution, H. Res. 1047.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                    FURTHER MESSAGE FROM THE SENATE

  A further message from the Senate by Ms. Curtis, one of its clerks, 
announced that the Senate has passed with an amendment in which the 
concurrence of the House is requested, a bill of the House of the 
following title:

       H.R. 2194. An act to amend the Iran Sanctions Act of 1996 
     to enhance United States diplomatic efforts with respect to 
     Iran by expanding economic sanctions against Iran.

  The message also announced that the Senate insists upon its amendment 
to the bill (H.R. 2194) ``An Act to amend the Iran Sanctions Act of 
1996 to enhance United States diplomatic efforts with respect to Iran 
by expanding economic sanctions against Iran,'' requests a conference 
with the House on the disagreeing votes of the two Houses thereon, and 
appoints Mr. Dodd, Mr. Kerry, Mr. Lieberman, Mr. Menendez, Mr. Shelby, 
Mr. Bennett, and Mr. Lugar to be the conferees on the part of the 
Senate.

                          ____________________




  APPOINTING AND AUTHORIZING MANAGERS FOR THE IMPEACHMENT OF JUDGE G. 
                          THOMAS PORTEOUS, JR.

  Mr. SCHIFF. Mr. Speaker, I send to the desk a resolution and ask 
unanimous consent for its immediate consideration.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The text of the resolution is as follows:

                              H. Res. 1165

       Resolved, That Mr. Schiff, Ms. Zoe Lofgren of California, 
     Mr. Johnson of Georgia, Mr. Goodlatte, and Mr. Sensenbrenner 
     are appointed managers on the part of the House to conduct 
     the trial of the impeachment of G. Thomas Porteous, Jr., a 
     Judge for the United State District Court for the Eastern 
     District of Louisiana, that a message be sent to the Senate 
     to inform the Senate of these appointments, and that the 
     managers on the part of the House may exhibit the articles of 
     impeachment to the Senate and take all other actions 
     necessary in connection with preparation for, and conduct of, 
     the trial, which may include the following:
       (1) Employing legal, clerical, and other necessary 
     assistants and incurring such other expenses as may be 
     necessary, to be paid from amounts available to the Committee 
     on the Judiciary under House Resolution 15, One Hundred 
     Eleventh Congress, agreed to January 13, 2009, or any other 
     applicable expense resolution on vouchers approved by the 
     Chairman of the Committee on the Judiciary.
       (2) Sending for persons and papers, and filing with the 
     Secretary of the Senate, on the part of the House of 
     Representatives, any subsequent pleadings which they consider 
     necessary.

  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




  COMMUNICATION FROM STAFF MEMBER, THE HONORABLE TIM RYAN, MEMBER OF 
                                CONGRESS

  The SPEAKER pro tempore laid before the House the following 
communication from Matt Vadas, Constituent Liaison, the Honorable Tim 
Ryan, Member of Congress:

                                Congress of the United States,

                               17th District, Ohio, March 3, 2010.
     Hon. Nancy Pelosi,
     Speaker, U.S. House of Representatives,
     Washington, DC.
       Dear Madam Speaker: This is to notify you formally, 
     pursuant to Rule VIII of the Rules of the House of 
     Representatives, that I have been served with a subpoena, 
     issued in the Youngstown, Ohio Municipal Court, for testimony 
     in a criminal case.
       After consultation with the Office of General Counsel, I 
     have determined that compliance with the subpoena is 
     consistent with the precedents and privileges of the House.
           Sincerely,
                                                       Matt Vadas,
     Constituent Liaison.

                          ____________________




  COMMUNICATION FROM STAFF MEMBER, THE HONORABLE TIM RYAN, MEMBER OF 
                                CONGRESS

  The SPEAKER pro tempore laid before the House the following 
communication from Pearlette Wigley, Staff

[[Page 3161]]

Assistant, the Honorable Tim Ryan, Member of Congress:

                                Congress of the United States,

                               17th District, Ohio, March 3, 2010.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: This is to notify you formally, 
     pursuant to Rule VIII of the Rules of the House of 
     Representatives, that I have been served with a subpoena, 
     issued in the Youngstown, Ohio Municipal Court, for testimony 
     in a criminal case.
       After consultation with the Office of General Counsel, I 
     have determined that compliance with the subpoena is 
     consistent with the precedents and privileges of the House.
           Sincerely,
                                                 Pearlette Wigley,
     Staff Assistant.

                          ____________________




                              {time}  1345
                          WHERE ARE THE JOBS?

  (Mr. FLEMING asked and was given permission to address the House for 
1 minute.)
  Mr. FLEMING. Mr. Speaker, where are the jobs? Our Nation's 
unemployment rate continues to hover around 10 percent and 36,000 more 
Americans lost their jobs last month; yet, once again, the current 
administration is failing to listen.
  Despite public opinion 2-1 supporting opening new areas of the Outer 
Continental Shelf to drilling, the administration announced last week 
that it would discard the 2010-2015 lease plan for new development on 
the Outer Continental Shelf and wait until 2012 to put a new plan in 
place. This decision flies in the face of the bipartisan action in 2008 
lifting the decades-long ban on energy development on 500 million acres 
on the Outer Continental Shelf, and it certainly goes against the idea 
of energy independence and lower energy costs.
  As the number one producer of oil and number two producer of natural 
gas in this country, we in Louisiana know that energy development means 
good-paying jobs. It has been estimated that the 500 million acres, 
when producing, would provide 1.2 million new jobs and contribute $273 
billion annually to our gross domestic product.
  Where are the jobs, Mr. Speaker?

                          ____________________




                      PARTISAN HEALTH CARE PROCESS

  (Mr. WILSON of South Carolina asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. WILSON of South Carolina. Mr. Speaker, the process that liberals 
are considering to take to pass the government health care takeover is 
almost as bad as the bill itself. The latest plan includes the House 
passing the Senate's version of the takeover bill, complete with the 
kickbacks and backroom deals that have become regular under the current 
liberal leadership.
  An informative memo put together by Senator John Kyl and Congressman 
Eric Cantor helps explain this process to the American people. The memo 
goes on to explain that House Democrats would fast-track the 
reconciliation bill, fixing some, but not all, of the problems. Next, 
the Senate will then take up the House version and send it to the 
President.
  Americans need to know that House Democrats must pass the Senate's 
health care takeover before the Senate can alter or try to improve it. 
The Senate bill is too bitter of a pill for my colleagues to swallow 
because it kills jobs. On the good side, The Hill today reports, front 
page, the Senate bill provides for citizenship verification to buy 
insurance.
  In conclusion, God bless our troops, and we will never forget 
September the 11th in the global war on terrorism.

                          ____________________




                             SPECIAL ORDERS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, and under a previous order of the House, the following 
Members will be recognized for 5 minutes each.

                          ____________________




                          MANAGING THE BORDER

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Utah (Mr. Bishop) is recognized for 5 minutes.
  Mr. BISHOP of Utah. Mr. Speaker, you know, we, as Americans, have a 
responsibility to protect our environment and to protect our homeland, 
and unfortunately we are failing at both.
  Our border patrol has done a wonderful job in the urban areas of this 
country; however, in rural areas, where the United States Federal 
Government owns about 40 percent of the land from California to Texas, 
we seem to not be doing quite as well, and that now becomes the prime 
area where evil groups like drug cartels and human traffickers and 
potential terrorists are now entering into this country.
  The rules, the regulations, and our interpretations of the law are 
prohibiting our Border Patrol from actually fulfilling their functions. 
We have gaps, not only gaps in the fence, but gaps in our virtual 
fence, gaps in our monitoring that allow these groups to have open 
access--drug cartels, human trafficking cartels, potential terrorists--
undetected and unfettered into this country.
  Secretary Salazar is currently at the border. On Saturday, he will be 
at the Chris Eggle Visitors Center. Chris Eggle is a Border Patrol 
agent who was shot and killed in the line of duty at Oregon Pipe 
National Monument back in August of 2002. He was pursuing a drug cartel 
hit squad who had fled across these open areas into the United States 
after committing a string of murders in Mexico.
  These people we are talking about who are illegally coming into this 
country are those who are bringing massive amounts of illegal drugs 
into this country, who are involved in human trafficking--illegally 
coming into this country--who are involved in unthinkable acts of 
aggression, and especially violence against women.
  We have wilderness law protection that is supposedly there to protect 
the sanctity of the land; unfortunately, in some of our laws or 
interpretation of those laws about wilderness area we are actually 
opening up this land to some of those evil people who are coming 
across. And in so doing, they are destroying the wilderness 
characteristics we are trying to protect. What it means is that we are 
destroying that which we wish to protect.
  Therefore, I am asking Secretary Salazar for four items in his visit 
when he sees firsthand the problems we have on our southern border.
  Number one, I am asking him to end the Department of the Interior's 
requirement that the Department of Homeland Security must negotiate 
access and seek permission before entering onto Interior lands to 
enforce the law and secure the border.
  Two, I want him to acknowledge that Department of the Interior 
policies have contributed to severe environmental damage and 
destruction by hampering Homeland Security from fulfilling their job to 
stop organized crime, drug and human traffickers, and potential 
terrorists from crossing the border through protected natural areas.
  Three, I want him to stop impeding Border Patrol access to public 
lands, including wilderness areas, for the purpose of siting and 
building electronic surveillance.
  And, four, I want to end the Department of the Interior's practice of 
extorting mitigation funds from Homeland Security. Money appropriated 
for border security should only be spent on making our borders secure, 
not diverted to unrelated Interior spending projects.
  To secure our borders, we must do so to stop the evils of drug 
traffic, human trafficking, and potential terrorism. Common sense tells 
us that should be our goal; common sense tells us we should agree to 
that particular goal.

                          ____________________




                 SOMBER ANNIVERSARY OF ALABAMA TRAGEDY

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Alabama (Mr. Bright) is recognized for 5 minutes.
  Mr. BRIGHT. Mr. Speaker, 1 year ago yesterday, a terrible tragedy 
occurred in south Alabama. On March 10, 2009, a lone gunman went on a 
murderous rampage through Coffee and Geneva Counties, leaving 10 people 
dead and

[[Page 3162]]

several wounded in Kinston, Samson, and Geneva, Alabama. It was truly 
one of the worst acts of violence our part of the country has ever 
seen.
  We can never fully understand what would drive someone to commit such 
a monstrous act, especially against his own family and a helpless 
child. Be it personal, economic, or mental problems that led to such 
cruelty, it is unimaginable that something like this could happen until 
it strikes your friends and neighbors.
  Even though the tragedy was a devastating shock to our small and 
close-knit community, it also showed the resolve of those who help 
protect and defend our way of life. We all owe a debt of gratitude to 
the first responders--the Alabama State Troopers of the Dothan Troopers 
Post, officers of the Geneva Police Department, officers of the Geneva 
County Sheriff's Department, and an officer of the Alabama Conservation 
and Natural Resources Department who pursued and eventually found the 
gunman dead from a self-inflicted gunshot wound. Without their swift 
action and response, the loss of life could have been even worse. A 
year's time of reflection has only made their brave efforts more worthy 
of our respect and praise.
  Another group that must be recognized are the soldiers of nearby Fort 
Rucker, Alabama. Since World War II, Fort Rucker has been an invaluable 
part of the Wiregrass area. They were quick to answer the call of local 
officials still reeling from the shock to serve their communities and 
keep the peace. We are proud of Fort Rucker's presence in the Second 
District of Alabama and are very appreciative of everything they do.
  I would also like to thank my colleagues in the House, especially the 
58 cosponsors of the resolution expressing sympathy to the victims of 
that terrible day, for showing their steadfast support. Though nothing 
could replace those who are lost, I know the folks in Geneva and Coffee 
Counties certainly appreciate that Congress was thinking of them during 
their time of mourning.
  I encourage those watching across the country to remember the wounded 
as we pray for their continued recovery--State Trooper Mike Gillis, 
Greg McCullough, Ella Meyers, and Jeffrey Nelson--and to join me in 
praying for the departed victims and their families, Bruce Maloy, Lisa 
McClendon, Andrea Myers, Corrine Gracy Myers, Sonya Smith, James 
Starling, James White, Virginia White, Dean Wise and Tracy Wise. Even 
though those 10 souls are no longer with us, I know we will never 
forget them and will do all that we can to honor their memories.
  As elected officials, we never want to come to the House floor for 
these purposes. In many ways, however, it is one of the most important 
duties we have as Members of Congress to honor and call the attention 
of the Nation to those in our districts who have experienced great loss 
and committed brave acts in the most difficult times. I hope for all of 
us that these appearances are few and far between.
  May our thoughts and prayers be with the citizens of Geneva and 
Coffee Counties as they remember the tragic event that happened in 
their community 1 year ago today.

                          ____________________




                              THIRD FRONT

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
  Mr. POE of Texas. Mr. Speaker, I bring you news from the third front. 
The battle wages for control of the border, and I'm not talking about 
the border between Afghanistan and Pakistan where the Taliban runs back 
and forth at will to commit crimes in Afghanistan and then goes and 
hides in Pakistan. No, I'm bringing you news from the border, the 
southern border of the United States, which is very violent.
  In Reynosa, Mexico, right across the border from the Rio Grande River 
in Texas, recently the U.S. consulate closed because of the violence on 
the border. In fact, Americans are prohibited from being in that 
consulate office because of the kidnappings, the murders, the 
shootings, the Old West-style events that are taking place on this 
border town south of our border.
  The inconvenient truth is there is a battle for the border that is 
taking place in our own country. Across the southern border of the 
United States the drug cartels, all in the name of money and their 
financing of illegal activities, including organized crime and 
violence, and working with the coyotes--those people, for money, that 
smuggle people into the United States--are seeking control of our 
border so that they can bring in drugs and people. It seems as though 
drugs and people are coming into the United States and going south are 
money and guns.
  Someone has said recently that the northern border is porous and the 
southern border is porous. But at the northern border all you've got to 
do is walk across; on the southern border you can shoot your way across 
into the United States. But be that as it may, we have a problem. It's 
an inconvenient truth that we spend time on other issues besides 
national security of our own borders, and it seems to me that we ought 
to solve this problem.
  But before we do this, we now hear this talk again, this talk by 
those who don't live on the border about, well, let's just give 
everybody that's in the country illegally a little amnesty. Amnesty for 
all is what they say. But these individuals that preach amnesty are 
ignoring the obvious: if we grant amnesty, that means all of the 
criminals that have come into the United States--like drug dealers, 
like those bandits that come here to commit crimes--they get that free 
amnesty as well. And they get the permission to stay here in the United 
States, not just those people that come here trying to seek a better 
life and to work.
  Some have estimated that in our county jails and our prisons up to 20 
percent of the people incarcerated are in this country from foreign 
countries. And yet we want to grant amnesty to all of these people? 
Amnesty has proven in this country it doesn't work; it encourages 
people to come here illegally.
  So what should we do? We should do three things and we should do them 
in this order: the first thing we do is secure the border and mean it 
when we say we will secure the border. If necessary, we should have our 
military on the southern border of the United States so that people 
don't cross into this country illegally without permission of the 
United States. We have given lipservice to border security, and we 
haven't solved that problem.

                              {time}  1400

  You tell me, Mr. Speaker, that the greatest country that has ever 
existed, the greatest country militarily that has ever existed, the 
strongest country that has ever existed in the history of the world 
can't protect its own borders? I think not. We can do it, but we don't 
have the moral will to do it, and we have to make the decision that we 
will secure the Nation's border. The first duty of government is 
national security.
  After we secure the border, we've got to deal with the immigration 
problem. The legal immigration system we have now is a disaster. It has 
been a disaster since the fifties. It is time to set that aside and to 
draw up an easier model, a more efficient model, a business model that 
solves the issues of immigration, a model that makes it more 
streamlined, efficient, and secure so that, when people come into the 
United States legally, we know who they are and so that we keep up with 
who they are--whether they want to be here as citizens, whether they 
want to work, whether they want to be tourists, or whether they're 
coming over here just to visit somebody.
  Solve the border problem first. Solve the immigration problem second. 
Then deal with the problem of the 20 million-plus people illegally in 
the United States. We can solve that problem, but we can't solve that 
problem until we deal with the first two. It is time for the government 
to do its job. The duty of government is to protect us, not to give our 
country away to other people who want to come here illegally.
  So, right now, the border war continues--controlled by the drug 
cartels,

[[Page 3163]]

controlled by the human smugglers who wish to make money and who 
profiteer from illegal activities on the southern border of the United 
States. We owe it to the citizens of this country, and we also owe it 
to the citizens of the countries which are south of the United States 
to secure the border, to fix the immigration issue, and then to deal 
with the issue of the illegal immigrants who are here.
  And that's just the way it is.

                          ____________________




                       PRO-LIFE WOMEN IN HISTORY

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentlewoman from Ohio (Mrs. Schmidt) is recognized 
for 60 minutes as the designee of the minority leader.
  Mrs. SCHMIDT. Thank you, Mr. Speaker.
  I am here today, joined by my good colleague from the other side of 
the aisle, Mrs. Dahlkemper from Pennsylvania.
  Today, we really want to focus this next hour on women in history 
because this is the month for women in history. Toward that end, we 
really want to focus on women in history who were pro-life.
  I would like to begin by talking about the fact that National Women's 
History Month traces its origins back to 1911, to the first observance 
of International Women's Day. Since that year, countries around the 
world have devoted each March 8 to celebrate the economic, political, 
and social achievements of women, and they have recognized the many 
obstacles women have had to overcome.
  In the United States, this day is celebrated as part of National 
Women's History Month, first established in 1987 by Congress. A similar 
resolution is approved with bipartisan support in the House and Senate 
each year, therein recognizing women here in the United States and 
around the world. Though, today, as I said, we are going to focus on 
pro-life women in history. I am going to start off by talking about a 
woman who began this movement in the United States way back in 1792. In 
1792, as you well know, we were just becoming the United States--
developing our Constitution, developing our institutions, our Congress, 
our Presidency, et cetera.
  There was a woman by the name of Mary Wollstonecraft. This woman, 
Mary Wollstonecraft, was very, very pro-life. She actually wrote a 
book, ``A Vindication of the Rights of Woman.'' In that, she condemned 
those who would either destroy the embryo in the womb or who would cast 
it off when born, saying, ``Nature in everything demands respect, and 
those who violate her laws seldom violate them with impunity.'' She was 
really the first pro-life woman in the United States, and we have been 
blessed with many since then.
  Right now, Mr. Speaker, I would like to ask my good colleague from 
Pennsylvania if she would like to join me in this wonderful discussion.
  Mrs. DAHLKEMPER. Well, thank you. I thank the gentlelady from Ohio 
for leading this special hour today to talk about the importance of 
women in history, particularly pro-life women.
  I am just pleased that we can work together on this issue, one of 
which I find to be of great importance. It is an issue that really is 
not defined by party, that is not defined by geography, and that is not 
defined by demographics. This is an issue which, I believe, has 
national importance, and I am proud to stand here today with my 
colleague from Ohio and with my colleagues from other areas to raise 
our voices in defense of all in this country.
  During the March for Life in January of this year, hundreds of my 
constituents from western Pennsylvania, pro-life advocates, visited my 
office in the Capitol. I spoke to a large group of Pennsylvanians who 
had traveled all day and all night. They'd marched in the cold to 
demonstrate their commitment to the unborn, and I was so impressed by 
their dedication. Overwhelmingly, it was women and young women who came 
to my office to show solidarity in our cause.
  When I go home to western Pennsylvania, where my district is 
overwhelmingly pro-life in its beliefs, I talk to mothers and 
daughters, women of all ages, who thank me for supporting life and who 
encourage me to stay strong in this fight.
  It is so important that we have women representing the pro-life 
movement both here in Washington and in our districts back home. We can 
speak to this issue, I believe, in a more personal way than can men. No 
one can dismiss us for not understanding. No one can look at me and 
say, ``You don't know what it's like.'' I have been in those shoes. At 
the age of 20, as a student in college, I found myself unmarried and 
pregnant. So I know what it means. I know what it means to choose life.
  Today, we are here because National Women's History Month and pro-
life issues do go hand in hand.
  The suffragettes who worked so hard to secure our voting rights as 
women believed in the right to life. Susan B. Anthony, Elizabeth Cady 
Stanton, Alice Paul, and so many others whose names are lesser known 
believed in the sanctity of life as strongly as they believed in the 
rights of women. Women led the feminist movement, and women led the 
pro-life movement. Our voices are the loudest and the clearest for both 
of these very important causes. Contrary to what media or other 
organizations would have us believe, women can be both feminists and 
pro-life.
  The bottom line is this: Respect--respect for women in the workplace, 
women in the home, in schools, and in the voting booth--and respect for 
the rights of the unborn. The principle that motivates both the 
feminists and the pro-life movement is one and the same, which is the 
belief that people have rights and freedom.
  As pro-life women, we believe these rights and these freedoms belong 
also to the unborn. We believe they have the right to be born and the 
right to live. This is not only consistent with the legacy of the early 
advocates of women's rights, but it reinforces their beliefs in the 
rights of all Americans.
  So I am happy to stand here today with my other colleagues in 
Congress, pro-life Members, who are speaking in support of women and 
who are speaking in support of pro-life issues.
  I yield to my colleague from Ohio.
  Mrs. SCHMIDT. Thank you very much to my very good friend from 
Pennsylvania.
  Right now, I would like to give as much time as needed to my very, 
very good friend from North Carolina, Ms. Foxx.
  Ms. FOXX. I want to thank my colleagues from Ohio and Pennsylvania 
for organizing this Special Order today.
  Today, we are marking National Women's History Month, and we are 
commemorating the brave and principled women who have spoken out and 
who have fought for the unborn as well as those who have spoken out for 
equal rights for women in terms of our voting. It remains more 
important than ever that women speak out on behalf of defenseless, 
unborn children, for, each year, more than 1 million of the unborn are 
aborted in America.
  I want to strongly agree with my colleague from Pennsylvania that one 
can be a feminist and that one can also be pro-life.
  Today, I am pleased to highlight how some North Carolina women are 
standing up for the unborn back in my district. Two women in particular 
come to mind today. Toni Buckler and Donna Dyer are in the midst of 
leading a 40-day-long vigil in Winston-Salem to bring an end to the 
practice of abortion. Their efforts, dubbed 40 Days of Life, are 
focused on 40 days of peaceful prayer, of fasting, and of community 
outreach on the issue of abortion.
  One of the most important and visible parts of their 40 Days of Life 
effort is the prayer vigil that is held outside the local Planned 
Parenthood facility in Winston-Salem. Every day between February 17 and 
March 28, they are bringing together concerned pro-life citizens to 
take a stand for the cause of life.
  What is truly amazing about this effort is that it does not stand 
alone. Hundreds of other cities in 45 States have similar 40 Days of 
Life vigils, which seek to raise awareness about

[[Page 3164]]

the scourge of abortion and to bring an end to abortion in America.
  It is an honor to represent such committed pro-life women as Toni and 
Donna. Their efforts echo the voices of early women's rights leaders 
like Susan B. Anthony and Elizabeth Cady Stanton, who stood up for 
women and for the unborn.
  I want to thank all of the pro-life women who are participating in 
the Winston-Salem 40 Days of Life vigil. I commend them for their 
dedication to the pro-life cause.
  With that, I yield back.
  Mrs. SCHMIDT. Thank you so much.
  At this time, I will yield as much time as he may consume to my good 
friend from Louisiana (Mr. Fleming).
  Mr. FLEMING. I want to thank the gentlelady, Mrs. Schmidt, for giving 
me the opportunity to speak on this subject.
  Of course, for those who are in the audience, in the gallery, the 
question is probably, What does this guy know about National Women's 
History Month? Certainly, what does he know about women in general?
  Well, what I can tell you is that a very important woman in my life 
gave me life, itself--my mother. She passed away many years ago, but, 
obviously, she is someone I can never forget. I have a wife of almost 
32 years, and I also have two daughters, one of whom has gifted to me 
two grandsons. So I think I know something about the appreciation of 
women when it comes to National Women's History Month. Let me just 
mention about abortion and about my pro-life stance.
  Mr. Speaker, I really oppose abortion for four reasons. Number one, I 
am a Christian. I believe that only God can give or can take away 
innocent life. That is within his prerogative and within his power and 
his only.
  Number two, as a physician, practicing for over 30 years, I believe 
in the protection of life. I don't see any way that abortion could be 
considered health care. Health care and abortion are totally different 
things.
  Number three, as a scientist, I understand that, at the moment of 
conception, the unique DNA combination that results remains unique into 
history. That unique person can never be replicated by anyone else.
  Number four, as a person, I believe that the only way that one can 
accept abortion is through something we call dehumanization. What do I 
mean by that? We human beings have the distinct ability to think of 
other human beings in a less than human way. What are some examples of 
this? Well, oftentimes, those who were pro-slavery gave certain 
explanations which would suggest that slaves were somehow less than 
human beings. Certainly, during the pre-World War II period and during 
World War II, we know that the Nazis used a similar characterization in 
order to justify what they did to the Jewish people and to many others.
  I think that we have to deal with that today, that to accept taking 
innocent life, even if it is preborn, requires dehumanization, and I 
think we need to come to that recognition.

                              {time}  1415

  If we accept that the unborn child is indeed a human, then I don't 
see any way we can justify taking that innocent life.
  I also stand today, Mr. Speaker, to just briefly mention that I think 
abortion is exploitive of women. There are a lot of reasons for this, 
and I will just speak to the area of health care.
  Today, there are more than 3,000 American mothers who are victimized 
by a procedure, abortion, that ends the lives of small children, the 
small children they carry. The harm to women is real and the physical 
ramifications are significant.
  As a physician, I can tell you that women who have abortions are more 
likely to experience more infertility, ectopic pregnancies, 
stillbirths, miscarriages, and premature births than other women who 
have not had abortions.
  Studies have shown that women having had abortions are 3.5 times more 
likely to die in the following year; six times more likely to die of 
suicide; 7 to 15-fold more likely to have placenta previa in a 
subsequent pregnancy, which is a life-threatening condition for the 
mother and the baby, and which increases, of course, the chance of 
death or stillbirth; and twice as likely to have preterm or postterm 
deliveries--and pre-term delivery increases the risk of neonatal death 
and certainly handicaps.
  In conclusion, Mr. Speaker, I do appreciate the gentlelady giving me 
an opportunity to speak on this subject. I think that anytime we think 
about women, we have to think about moms, and anytime we think about 
moms, we have to think about children, and those children, of course, 
are children, in my opinion, from the moment of conception. That is 
when life begins. And anything that disrupts that deliberately that is 
not of the nature of God is indeed the taking of innocent life and is 
not health care.
  So I thank the gentlelady, and appreciate the time you have given me 
today.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. All Members are reminded to refrain from 
references to occupants of the gallery.
  The gentlewoman from Ohio is recognized.
  Mrs. SCHMIDT. Thank you again, Mr. Speaker.
  To continue with Women's History Month and to focus on pro-life 
women, I want you to imagine, Mr. Speaker, what it was like to be an 
American woman in the 1700s and 1800s.
  It surprises me to have to say this, but at that time women could not 
vote, we could not hold property, we could not inherit property if we 
were married, we could not control our own money or sit on a jury or 
testify on our own behalf. We needed somebody to testify for us if we 
were involved in a criminal case. We couldn't assemble or speak freely. 
We couldn't keep our children if we were divorced, and sometimes even 
when we were widowed. There was no such thing as marital rape, and no 
woman had ever graduated from college.
  Mr. Speaker, that almost sounds likes some Third World countries 
today, and yet that is the kind of an environment women faced in the 
1700s and 1800s. Once women realized that we needed to have our rights 
reserved in the Constitution, other feminists stepped forward.
  One of those feminists was Elizabeth Cady Stanton. She was a pretty 
moxie woman, because at the time when women were pregnant--and you 
couldn't even say the term ``pregnant,'' I am not even you could say 
the term ``with child''--they were supposed to stay at home and not be 
seen until the child was born.
  What did Elizabeth Cady Stanton do? She shocked Victorian society, 
because she paraded through the streets showing the baby inside of her. 
And people were aghast. But people were also surprised at the voice of 
the message that she was carrying, because, you see, at the time of the 
feminist movement as we know it today with Elizabeth Cady Stanton and 
Susan B. Anthony, they were fighting for all people's rights; not just 
the right of women, but the right of the African American, man and 
woman, and also the right of the child, African American and white. 
They were fighting for everyone.
  It was Elizabeth Cady Stanton who I think was the most shocking of 
all, because what she did was she showed her feminism on the streets. 
One of the things that she said was, ``When we consider that women are 
treated as property, it is degrading to women that we should treat our 
children as property to be disposed of as we see fit.''
  Now, think about that: ``When we consider that women are treated as 
property''--I think you could probably put in there the African 
American as well--``it is degrading to women that we should treat our 
children''--at that time the African American slave child as well--"as 
property to be disposed of as we see fit.''
  This was a letter to Julia Ward Howe, October 16, 1873, recorded in 
Howe's diary at Harvard University library. So these are a pro-life 
feminist's words.
  Mr. Speaker, her statue is in the hall just beyond these doors, and 
yet when I was a child in school, I never heard she was pro-life. I 
knew she was pro-

[[Page 3165]]

woman and pro-freedom for all mankind, but nobody ever said she was 
also protecting the unborn. And yet she was.
  But it wasn't just Elizabeth Cady Stanton that was holding these 
views. It was also her good friend, Susan B. Anthony. Susan B. Anthony, 
who also wrote, ``Guilty? Yes, no matter what the motive, love of ease, 
or a desire to save from suffering the unborn innocent, the woman is 
awfully guilty who commits the deed. It will burden her conscience in 
life, it will burden her soul in death.''
  Mr. Speaker, these words were written over 100 years ago. I want to 
repeat them. ``Guilty? Yes, no matter what the motive, love of ease, or 
a desire to save from suffering the unborn innocent, the woman is 
awfully guilty who commits the deed. It will burden her conscience in 
life, it will burden her soul in death.''
  Mr. Speaker, we hear that sentiment today from women who have had 
abortions and come around and realized that this was the wrong decision 
for them, and that they wish they hadn't made that decision, that they 
wish they could have made the decision for life.
  But she wasn't the only person, Elizabeth Cady Stanton, or Susan B. 
Anthony, that felt like this. I bet most people in Congress don't know, 
Mr. Speaker, but we actually had a female candidate at the time of the 
feminist movement in the 1800s, and her name was Victoria Woodhull. She 
was the first female candidate for President.
  December 24, 1870, this was the first female President candidate, a 
strong opponent of abortion. She said, ``The rights of children as 
individuals begin while they remain the fetus.''
  Think about that. First off, in 1870, long before women had the right 
to vote, the right to have a divorce, the right to own property, the 
right to represent themselves in court, this courageous woman ran for 
President. Now, we know she didn't get very far, but criminy, Mr. 
Speaker, she certainly had a voice, and it is a voice that I think is a 
shame that history doesn't highlight, regardless of her message on 
abortion. Again, as a history major, I never knew that this woman ran 
for as a history major, I never knew that this woman ran for President 
in the 1870s, Mr. Speaker, and I will bet most of our colleagues didn't 
know that either.
  But it wasn't just Victoria Woodhull that talked abortion. It was 
also someone by the name of Alice Paul. Alice Paul, another person that 
was part of the Equal Rights Amendment, stated in 1923 that ``abortion 
is the ultimate exploitation of women.'' That was Alice Paul. She was 
the author of the original Equal Rights Amendment and opposed the later 
version of the ERA because it promoted abortion.
  But before I forget, I also want to talk about Sarah Norton. Sarah 
Norton first challenged Cornell University to admit women. Think about 
that: Women couldn't go to college. Sarah Norton, right out there 
fighting to go to college, just as a man, also pondered whether there 
would ever come a time when the right of the unborn to be born would 
not be denied or interfered with.
  You know, Mr. Speaker, we have to think about the way women were 
treated back then and why they came to this conclusion. Again, as I 
said a moment ago, they had no rights. They were very much like the 
slaves of that time. They had no voice, no right in court, no real 
rights at home. If they were raped, they had no way to address the 
rape. And if they found themselves in a situation where they had a 
child as an accident, there was no other choice but to either carry it 
and be like Hester Prynne in ``The Scarlet Letter'' or to have an 
abortion. And many times the people they were involved with didn't want 
society to know that they were the father of that child, and so they 
would force these women into a situation to have an abortion.
  Again, Mr. Speaker, there were no rights for women at the time. They 
couldn't go to court and say, ``my neighbor raped me'' or ``I had an 
affair with a neighbor, he was a married man,'' kind of like Hester 
Prynne in ``The Scarlet Letter.'' They had no rights. But they could be 
forced into situations that they disagreed with.
  I think that is why these women who were so much at the forefront of 
the feminist movement were also at the forefront in talking about the 
right of life for all people.
  What amazes me in all of this struggle is that up until the 1970s, 
people really didn't believe that abortion should be legal in the 
United States. There was a lot of controversy going on at the time, and 
I think I became involved in this movement because where I come from in 
Cincinnati, Ohio, a piece of the Right to Life movement in the Nation 
was actually born in my district, or actually not my district, but the 
First Congressional District, the district that borders mine.
  It was with folks like Barbara and Jack Willke and folks like my 
parents, who are from my district, that really realized that abortion 
could become the law of the land, and they wanted to prevent that. So 
they became very proactive at the State level. They went to the State 
legislature and talked with the legislators, telling them if they were 
going to consider having abortion legal in Ohio, that was the wrong 
thing to do.
  They weren't unique to Ohio or unique to Cincinnati. This was really 
going on all throughout the United States, these little pockets of 
discontent about the issue of abortion, and they were beginning to 
weave together into a national movement.
  But it is Barbara Willke who said to her husband Jack, a physician, 
``You know, Jack, the Constitution gives everybody the right to life, 
including the unborn child.'' And he looked at her and he said, 
``Barbara, that will be the name of our movement.''
  Well, we know that that name didn't just stay in Ohio, but there is 
also the National Right to Life Movement, and Barbara and Jack Willke 
have been at the forefront of this movement since its inception in the 
early 1970s. Jack Willke has served not only on the board of the 
Greater Cincinnati Right to Life, but he has also been on the board of 
the National Right to Life, serving as its president. Currently today 
he is with the Life Issues Institute, but he and Barbara continue to be 
on the forefront of abortion.
  I am going to ask those wonderful folks if they could bring those two 
posters over for me.
  Now, back in the 1970s, when the ERA movement was going around, 
people wanted to have an additional amendment to the Constitution 
stating in full force that women were equal and should have equal 
protections, but the problem with the movement was that they also 
wanted an equal protection for abortion.

                              {time}  1430

  At that time, the public really started to figure out where they were 
on that issue: Did they believe in abortion or not believe in abortion? 
And toward that end, there were a lot of mixed reviews. People 
certainly didn't want to have women suffer from back-alley abortions, 
but at the same time the question was: Should they have an abortion 
after all? And before the States could figure it out on their own, the 
Supreme Court, in 1973, handed down the decision of Roe v. Wade. And we 
all know what that said: that women have the right to an abortion.
  Well, folks like Barbara and Jack Willke and my parents and myself 
were aghast because we really understood that life begins at its 
inception. And you can't question life at its inception, because if you 
do, you compromise life throughout history. So we began to work very, 
very hard to end it.
  What I really think is interesting is that while in the beginning of 
the seventies and eighties it appeared that women were on the edge of 
believing that women should have abortion rights, today the trend is 
changing. I have to digress a minute because the pro-choice women have 
been very smart on this. In fact, it was in the late eighties, early 
nineties, that they realized with ultrasounds that women were 
recognizing that that baby inside of their womb really was alive and 
breathing and moving and had a little personality. And so they started 
to wane back on whether they agreed women should have the right to an 
abortion or not. And so they made a language change. What they said 
was,

[[Page 3166]]

instead of calling it pro-life or pro-abortion, anti-abortion or pro-
abortion, they changed the name to pro-life or pro-choice.
  Now the pro-choice, pro-abortion folks were very smart in that 
marketing approach because we as a society believe in choices, Mr. 
Speaker. We go to the grocery store--in my town, it would be Kroger, 
Meijers, Biggs, or Super Value--and you have an array of deli meats, 
you have an array of cheeses, you have an array of fruits and 
vegetables, and just anything that you're willing to pay for. In fact, 
in some of these stores you can even buy furniture. We love choice. How 
many restaurants offer a salad bar where you can get all kinds of 
salad? We like choice. You go to a department store and how many kinds 
of shirts and shoes and ties and sweaters can we buy? We like choice.
  And so it was a very smart marketing strategy because at the time 
when women were starting to hesitate on whether women should have the 
right to an abortion because of the ultrasound, the pro-choice tag made 
them feel that yes, indeed, maybe women should have that right.
  But you know, Mr. Speaker, it's interesting, because as technology 
has come full forward and as we've had 3D with technology, women 
stepped back a few years ago--back about 10 years ago--with ultrasounds 
that we have today and recognized that even as a child is at the age of 
2 weeks, it begins to appear to look like a child. And they started to 
hesitate on whether abortion should be legalized and women should have 
that right.
  And if you look at this chart, what you see is that this was a Gallup 
Poll. A 2009 Gallup Poll. The majority of Americans--this was the first 
time, Mr. Speaker--a majority of Americans, 51 percent, consider 
themselves to be pro-life over the terminology pro-choice. So this 
isn't pro-abortion versus anti-abortion. This is pro-life over pro-
choice, the pro-abortion marketing verbiage.
  What we see is that in 2001, 40 percent believed in pro-life. Forty-
nine percent believed in pro-choice. Back in 2005, it was 42 to 52. In 
2006, 45 to 47. We're tightening up. In 2007, 42 to 51. In 2008, 46 to 
48. In 2009, 43 to 50. And in 2009, it has finally come full circle to 
where the pro-lifers are at 49 and the pro-choicers are at 44.
  So we have seen this very narrow trend all the way through, finally 
eclipsing just about a year ago. And I think it's because women 
especially, but men as well, realize that that baby in the womb is 
actually a human being. And that human being deserves to have the right 
to life.
  The other interesting thing that I think we need to talk about as we 
focus on women in history is that women really oppose the use of 
Federal funds for abortion. Even if they're pro-choice women, they just 
don't think Federal funds should be used for abortion.
  Now, the late Henry Hyde--Mr. Speaker, I'm not sure whether you had a 
chance to serve with Henry Hyde. I did have the luxury to serve with 
the gentleman from Illinois. But it was Henry Hyde after Roe v. Wade 
became the law of the land that decided that maybe we shouldn't have 
Federal funding for abortion. And so in the appropriation bill he put 
in an amendment, which we still continue to use today, that said there 
shall be no Federal funding for abortion, period. And this has been the 
law of the land for the last 30 years.
  And when you ask folks today--now this was a Quinnipiac poll, 
December 2009, and this was for women: Do you support or oppose 
allowing abortions to be paid for by public funds under a health care 
reform bill, well, 25 percent support it, 70 percent oppose it, and 
folks that weren't sure of the answer were about 5 percent.
  So I really think that, Mr. Speaker, there's a real clear message 
here that women, whether they're pro-choice or pro-life, do not believe 
that we should have Federal funding for abortion. They just don't think 
that's a smart way of using taxpayer dollars. I have to agree because, 
Mr. Speaker, when we are discussing the bill of the moment--and the 
bill of the moment is health care, it's the bill that touches 
everyone's mind. It's a bill that is something that will be a game-
changer in the United States, if passed.
  One of the things that is in that bill is the public funding of 
abortion. From what I have gleaned, there will be a dollar of every 
premium paid to women's reproductive health that will allow for all 
kinds of things for women, including abortions. I think that when you 
look at the polling and you see that 70 percent of women oppose Federal 
funding of abortion, I think we should listen to the will of the 
people. And whatever we do on this health care bill, at least let's 
listen to the women of today. Because as we look at women in history, 
we really have to recognize that we do have a choice today.
  My good friend, Dr. Roe, just came. Before I give Dr. Roe a chance to 
speak on this, I want to mention that in women in history we've come a 
long way, but we still have a long way to go. And when you think about 
the first woman to try to run for President way back in 1870, I think 
it's ironic that the first woman to serve in this House was in 1917. 
Her name was Jeannette Rankin. This was 2 years before women got the 
right to vote. Yet, today in the House there's about 275 women in total 
that have ever served here, Mr. Speaker.
  We have a lot of pro-choice women, we have got pro-life, we have got 
some that probably haven't made up their mind. But we have really got a 
long way to go when you think of the thousands of men that have served 
here. I think that's why it's so important, as we debate this issue of 
health care, to listen to women, because it is women that are saying, 
Wait a minute, not with my tax dollar.
  Right now I've been joined by my good friend from Tennessee. I will 
give you as much time as you need, sir.
  Mr. ROE of Tennessee. Thank you very much for holding this Special 
Order on health care and the life issue. As I was walking over here, I 
thought back to my medical school years and how this issue of abortion 
ever came up. I followed it from the time I was a medical student, when 
abortion was illegal in this country, until it was legalized. At that 
time, pregnancy was basically a mystery. It was described as tissue. 
I've heard of a human being described in a lot of different ways.
  But as ultrasound came along and we were able to view noninvasively 
inside the woman's uterus to see what was actually going on, an 
astonishing thing happened. I will tell you, after 30-plus years of 
practicing medicine, it will make your adrenaline flow to look at a 
baby and watch it grow from the time you see a flicker of a heart beat. 
We can see that around 28 days post-conception. I can remember the 
first time to this day. It's been over 30 years since I saw that. And 
to see that within weeks develop into a little person at around 12 
weeks. And certainly now with the new 3D ultrasounds, it is amazing 
what you can see.
  This is a person there. You watch them move, you watch them breathe, 
you watch their eyes blink, and so on. They're people. If you have any 
question about what's in the uterus, simply look at an ultrasound and 
there will be no doubt in your mind that it is a person there. I know 
that in our area certainly a higher percentage than even 70 percent 
oppose abortion funding using their tax dollars to end life. That's 
exactly what it is. It's certainly illegal in this country now. But I 
think the pendulum is swinging. We have a very limited amount of 
resources for health care in this country. I think we will talk about 
certainly the need for reform. But abortion is not health care. It is 
not. And we should not be using our tax dollars, as precious as they 
are, to provide care.
  Let me just give you an example of what we're trying to do in our 
State of Tennessee right now. This year, because of the budget crunch, 
we're limiting our State health insurance plan; and Medicaid, or 
TennCare in our case, is limiting doctor visits to eight per year. So 
you as a patient, if you were a patient of mine in Tennessee and you 
had Tennessee Medicaid, you can only come see me, and that's all the 
State will pay for, no matter what your condition is. Also, we will 
only pay $10,000

[[Page 3167]]

per year, no matter how many hospitalizations. That's all you're going 
to get paid. So those costs are shifted.
  Right now, in Tennessee, with our Medicaid system, we're rationing 
care. What we should be doing before we massively expand the system is 
to adequately fund what we currently have. Certainly, funding abortion, 
not only is it just the public doesn't want it, it's the wrong policy. 
So I think the current bill that currently has this language in there 
should not be passed certainly in this body.
  I yield back.
  Mrs. SCHMIDT. I thank you. I have just been joined my good friend 
from Minnesota, Mrs. Bachmann. Would you like to add to the 
conversation?
  Mrs. BACHMANN. I'd love to. Thank you so much. I appreciate the 
gentlelady from Ohio for inviting me. I also want to honor her for her 
service as the head of the Pro-Life Women's Caucus here in the United 
States Congress. We benefit greatly from your leadership, and we 
appreciate all that you do.
  This is the first issue that all of us have to deal with, the issue 
of life, going all the way back to the Declaration of Independence. If 
you look at the Declaration, the inalienable rights, the rights that no 
government can give, that no government can take away, that were given 
to each one of us, a very personal right by our Creator, the first one 
is life. And that's why this issue is central in every debate that we 
have--how will we as an American government and society deal with 
vouchsafing life. Because in the Declaration it goes on to say that 
governments were instituted to secure the inalienable right of life. 
That's why we're here--to make sure that life is a value that we uphold 
and that we save.
  I appreciate so much the chart that the gentlelady has put up to 
demonstrate that 70 percent of Americans oppose funding for abortions. 
That's what we're going to see in this health care bill going forward. 
I'm sure my colleague, Dr. Roe, had addressed that very well: that 
Americans don't want to have their tax dollars pay for other people's 
abortions and have their consciences violated. That's why we have seen 
the Catholic bishops all across the country so heavily involved in this 
health care debate, because they know what will happen.
  The Alan Gutmaker Institute tells us that there will be more 
abortions if we have government-subsidized abortions. As a matter of 
fact, there will probably be a good 30 percent increase in the number 
of abortions that we currently have today. That wouldn't be good for 
the women of America, abortion-minded women, and it certainly wouldn't 
be good for the next generation.

                              {time}  1445

  You know, in so many countries across the world today, whether it's 
Russia or in Eastern Europe or Western Europe, certainly Italy--Greece 
has a population replacement rate of 1.3--all of those nations are not 
replacing themselves. There is a very high level of abortion that is 
occurring in those nations. We don't want to see that here in the 
United States. We are at replacement, but our population levels could 
fall. It's not good when a Nation's population levels fall below 
replacement. The countries now, like Russia and in Western Europe, are 
dealing with that fact.
  It's also a vital interest, just for the sake of abortion-minded 
women, that they have alternatives. All too often what we see are women 
that are put into a position that they don't want to be in by their 
parents, by pressuring boyfriends, to tell them, Have an abortion 
because it will cost me money. It will cost me embarrassment. But it's 
the woman who pays the price. The woman pays the price emotionally.
  I have just looked at some figures that said that women who have an 
abortion have a higher risk of death and are six times more likely to 
commit suicide. That's such a terrible, horrible outcome for women. 
There are things that we can do for women who find themselves in an 
unplanned pregnancy.
  We have pro-life centers all across the Nation that would love to 
help women, whether it's with free pregnancy tests, free ultrasound 
tests where they can see their unborn baby alive, moving within their 
womb. And then there is also help, whether it comes from free clothing 
during the pregnancy, free help with baby supplies once the baby comes.
  If a mother chooses that she would like to have her baby adopted, 
there are services that are available that are free, open to women to 
help them with the adoption, and situations where women can actually 
help and choose the family that her baby will be raised in. There are 
great options for life. My husband and I have been involved in foster 
care, helping children as well who are in less than ideal 
circumstances.
  I thank Dr. Roe for all the very strong work that he's done with the 
pro-life movement, and also my colleague Congresswoman Jean Schmidt.
  Mrs. SCHMIDT. Thank you.
  You know, one of the things that I'm proud of is the fact that it's 
not just conservative women that have been at the forefront of this 
debate. As we all know, this debate, as I said before, began in 1792, 
and when Mrs. Wollstonecraft was the first pro-life woman, she really 
wasn't that conservative. She was very, very radical.
  One of the things I forgot to mention was that her name may be 
unknown, but her daughter's name is not. You see, if you have ever read 
the book Frankenstein, her daughter Mary Wollstonecraft Shelley wrote 
it. And this lovely little girl never even really got a chance to know 
her wonderful mother because her mother died giving birth to her.
  But it was women like Mrs. Mary Wollstonecraft; it was women like 
Lucretia Mott; it was women like Susan B. Anthony; it was women like 
Cady Stanton who really brought this to the attention of America over 
100 years ago. And even today, we have women from all over the country 
making a difference on this issue.
  There is a group of women called Feminists for Life, and they've got 
some pretty liberal thoughts on other social issues in America, but 
they're really dead on on this issue. I had a chance to meet with them 
the other day, and Serrin Foster is one of the leaders in that. She 
wrote a paper that she gave to Wellesley College on March 3, 2004, that 
talks about the feminist case against abortion, and that's really where 
I got a lot of my literature. It's amazing what she talks about in here 
and how women throughout society who have had abortions, what social 
ills tend to fall to them, just as my good colleague from Minnesota 
brought up. The depression, the anger, the suicide rate. There's even 
talk that there could be some physical harm that could happen with 
abortion.
  And I don't know if my good friend Tennessee knows anything about 
that, being the doctor that he is, but are there any physical risks to 
abortion?
  Mr. ROE of Tennessee. Oh, certainly, there are. Again, thank you for 
having this conversation, because what you're doing today is that you 
and Michele are speaking for the unborn. They cannot speak for 
themselves, so you're here on the floor of the House speaking for them.
  Yes. I mean, throughout my career, I remember a case that I had--and 
I won't obviously disclose anything other than just a case I had in 
over a 30-year career--of a patient that I had known for years. She 
came in one day and had tears in her eyes. This was a woman in her 
fifties now. And she told me, she said, I have to tell you something. I 
had known her for a long time very well, even as a friend I had known 
her. And she told me, I had an abortion years ago, and I have got to 
share this.
  Many of the problems I traced back through the 20 years, 25 years I 
cared for her were directly related to that abortion and the 
psychological impact that it had on her and her life. And we had a long 
talk that day, just as a friend to a friend. I hope she left there that 
day and could go on and continue her life.
  So many women won't share things that are very negative--or people, 
not just women, but men and women both--a very negative part of their 
life that they're not very happy about and later realize it was a very 
bad decision.

[[Page 3168]]

What we're trying to do here today is to prevent women from suffering 
that psychological damage.
  And the other thing that Congresswoman Bachmann just brought up a 
minute ago was adoption. As an OB/GYN doctor--that's what I do. I have 
delivered almost 5,000 babies. I can assure you, I can find hundreds of 
babies a home right now in one town. I can't tell you how many friends 
of mine that have gone to Eastern Europe, to Russia, and to China to 
adopt babies. And those are very lucky children who get to come and 
live with these families.
  But why are we doing that when we have babies right here in America 
that you can adopt? And I will assure you that it would be no cost to 
the families. Those medical costs will be cared for by these families 
who desperately need and want children. And what you brought out about 
a life that is lost, you never have the opportunity to find out what 
that person could and would be, boy or girl. Maybe they will be a 
Congressman or a President or a doctor or someone who discovers a cure 
for----
  Mrs. SCHMIDT. Or a Heisman Trophy winner.
  Mr. ROE of Tennessee. Exactly. Or a Heisman Trophy winner. And even 
though he is from the University of Florida, and I am from Tennessee, I 
have to brag about that young man, that great young person. But those 
are the things that I think we have to talk about.
  And the other thing that you hear discussed a lot, Congresswoman 
Schmidt, is that you will hear about third trimester abortions. It's 
about the life of the mother. And I have to say this right now, there 
are no medical indications whatsoever for that procedure, a third 
trimester termination of life. There are none. I will be willing to sit 
and debate with over 30 years of experience to tell you there's only 
one reason for that procedure, and that is to kill the baby. That's the 
only reason. And if anyone wants to debate that, I will be glad to do 
it here on this House floor or in a medical setting. But I want to make 
that a part of the Record today. We, again, are here today to advocate 
not only for the unborn but for the mother who bears the problem, the 
brunt of what happens to her.
  Mrs. SCHMIDT. And I think it's interesting that as we continue to 
debate this since Roe v. Wade, sometimes the media inadvertently sends 
a pro-life message. There was a movie a few years ago which captured 
Hollywood's attention, and it was called ``Juno.'' It was about a young 
girl and a young guy, high school age, and she found herself pregnant. 
I remember the scene vividly in the movie where she was going to go to 
have an abortion, and her friend was standing outside the abortion 
clinic with a sign. And she said, ``What are you going to do, Juno?'' 
and she kind of sloughed her off. Her friend screamed, ``It's got 
fingernails.''
  So when Juno goes in and she fills out the paperwork, she hears 
somebody wrapping their fingernails, somebody filing them, somebody 
chewing on them. And what does she do? She leaves. The end of the 
story, we know the outcome, she finds a wonderful woman who wanted a 
child, wanted to be a mother, and she gives that child to a loving arm.
  Now, I know that sounds like a Hollywood fantasy, except I have 
someone very close to me who worked with me on a daily basis, and 11 
years ago, he and his current wife, the lady he married, had a Juno 
experience, and yet today, they are a loving family. They had their own 
child, and they're doing just fine. I got to meet his birth daughter, 
and she is a beautiful young lady. Who knows in another 10 years or 20 
years what she will aspire to. Maybe to just be the greatest mother of 
all or maybe be the next President of the United States. But he and his 
wife made that decision.
  And so when I saw ``Juno'' and knowing his story, I thought, This is 
real. And yet Hollywood, for whatever reason, didn't see the power in 
the message. Mr. Speaker, I truly believe this country is recognizing 
that every life is precious, and I think what is equally compelling is 
the fact that last year in the Presidential debate, the issue of 
abortion took center stage, and it took center stage because a little 
unknown Governor from Alaska was suddenly thrust into the limelight and 
could have been the Vice President of the United States. And with her 
came a family, and in that family came their last child, and their last 
child has some issues. And most cases in the United States when parents 
are met after an ultrasound where indications say that your child will 
have a mental handicap, a mental issue, they are given the opportunity 
to abort the child. I think the numbers are--Doctor, am I correct?--
about 80 percent do have an abortion when they believe that they're 
going to have a child that will not have what society deems as a 
``normal life.'' And yet she had Trig, and Trig has become the face of 
life.
  I think it's interesting that as history continues to develop, that 
this wonderful woman, Sarah Palin, continues to be at the forefront of 
the media, and her child is right there. And together, that family is 
the face of life. And she is, I think, our most current and prominent 
member of women's history. Yet again, another woman who was pro-life.
  I was hoping my good friend Mrs. Dahlkemper could get back. She had 
to go to a hearing. But I want to say that--is she here? Oh, good. Mrs. 
Dahlkemper just came back.
  Mrs. Dahlkemper, my good friend from Pennsylvania, I want to give you 
the opportunity to close this wonderful hour and to thank you for your 
participation and all that you do for the cause.
  Mrs. DAHLKEMPER. Well, thank you. And again, thank you to my 
colleague Mrs. Schmidt from Ohio, who has been a good friend and is 
obviously a defender of women's rights and a defender of the rights of 
the unborn. And to all those who have joined us here this afternoon as 
we have had this special hour, as we recognize Women's History Month 
and we recognize the women that fought for our right to vote, for our 
right to serve our country as so many of us are now; although, 
unfortunately, still only 17 percent of Congress. Those women also 
fought for the right of the unborn, and I think it's important that we 
remember that as we remember them and what they do for us.
  As I was on a plane flying down here yesterday, I was sitting next to 
a woman who was from my hometown, and we were talking about many 
different things. And as we got up to leave the plane, in front of us 
sat her daughter and her granddaughter and her granddaughter with Down 
syndrome. She was telling me how it was only her granddaughter's second 
time to fly on a plane. One of the things that she expressed to me is 
that she is afraid that someday there will no longer be Down syndrome 
children in our world, and yet they are so loving and the beauty that 
they bring to our world, if you have ever known or been hugged by a 
child with Down syndrome.
  We have a wonderful place in my community called the Gertrude Barber 
Center that just has done wonderful work with those children over the 
years. But they are precious. They are very precious, and I think 
that's the important thing here is that they all bring gifts to our 
world and they bring gifts to our lives.
  When I think about, as I mentioned in the beginning, my own son who 
is now 30 and the grandchild that he's brought into my life and what 
he's doing as a young man, the value of all of these children, born, 
unborn, we have yet to see what they will bring to our world.
  Mrs. SCHMIDT. Thank you. This is really a bipartisan debate. One of 
the things I know my good friend from Pennsylvania and I will agree 
with, there is nothing better than having grandchildren. It is worth 
having children, isn't it?
  But to my good colleagues from Tennessee and Minnesota, do either one 
you have want to add anything before we lose this hour?
  Mr. ROE of Tennessee. I agree with both of you. I'm not sure why I 
had kids first. I just need to go to

[[Page 3169]]

grandkids. They are so much better. But I think that you can't imagine 
life--I know I have heard this right here--without our children and 
without our grandchildren. When you see a child out there--anybody that 
would abuse a child, I have no tolerance for them whatsoever. But to 
have a hug from a child, it doesn't matter whether that child is 
challenged or not, it's love. And I can't imagine life without mine and 
my grandchildren.
  I thank you for the opportunity to be here today.
  Mrs. BACHMANN. And if I could just add, I think that it's so 
important that you have offered this opportunity for us to honor and 
recognize Susan B. Anthony, Elizabeth Cady Stanton, Mattie Brinkerhoff, 
Victoria Woodhull, Mary Wollstonecraft, Alice Paul, among many other 
women who stood strong for women's rights and for the value of women in 
the country, but also, to be clear, that these women also stood for the 
unborn. They weren't on a wild tear to make sure that women could have 
the right to an abortion. They stood strong for women's rights, 
understanding that it's all women, born and preborn, that need to have 
their rights secured.
  So I am very grateful that you posted this Women's History Month, and 
especially highlighting the fact that our foremothers who went before 
stood for life, just as we stand for life today. So I thank you, and I 
thank Representative Dahlkemper.

                              {time}  1500

  Mrs. SCHMIDT. As we go back out into the hall and we look at that 
statue of the women who gave us the opportunity to be able to be here 
on the floor today, not only did they give us the right to vote, they 
gave all children the opportunity to have the right to life. And it 
wasn't until Roe v. Wade that that was taken away.
  Maybe we can be the generation of women that will find ourselves with 
a statue out in the hall that will give all children, all God's 
children back the right to life. Thank you all for this.
  I yield back the balance of my time.

                          ____________________




                           HEALTH CARE REFORM

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from Arizona (Mr. Shadegg) is recognized 
for 60 minutes.
  Mr. SHADEGG. I thank the Speaker.
  I would like to begin an hour where I hope to discuss with my 
colleagues and with the American people the extraordinary situation we 
face with respect to health care reform here in the United States 
House. I believe most people across America know that we have been 
debating health care reform for almost a year now--actually, quite 
frankly, a little over a year now. And I think most Americans agree 
with me and probably with almost everybody who comes to this floor that 
our health care system needs to be reformed.
  I have been a passionate advocate for health care reform since I was 
elected in 1994. I believe I have written more health care reform 
proposals and introduced them in this Congress than perhaps any other 
Member who began serving in 1995 or thereafter. I began working on 
patients' bill of rights legislation, and have moved onto comprehensive 
reform legislation because I think our system can be much better than 
it currently is.
  Indeed, if you look at it, the President is absolutely right that the 
cost of health care is going up dramatically faster than the cost of 
all of the other goods and services we buy in our society. And the 
President is right that that increase in cost is not sustainable over 
time. We have got to rein in this spiking cost of health care, the 
spike in the cost of health insurance premiums. Unfortunately, I don't 
believe the President is right about the manner in which he wants to go 
about it. I believe we are being confronted with an effort now to cram 
through this House, as early perhaps as next week, legislation which is 
proposed to reform health care in America, but will not do that. 
Certainly it will not rein in costs.
  I want to reiterate I am a supporter of health care reform. I not 
only think we need to take steps to rein in the cost of health care, I 
believe we need to address other problems, such as preexisting 
conditions. I happen to have an older sister who is a breast cancer 
survivor, thankfully. She is now almost a 20-year breast cancer 
survivor. And she at certain points in her career, because of her 
breast cancer, could have been placed into a situation where she would 
have been denied care or denied coverage by a health insurance company 
because she had a preexisting condition of breast cancer. But there are 
lots of ideas out there to deal with the problem of preexisting 
conditions rather than the heavy-handed edict or mandate which is in 
the President's legislation.
  I am joined right now by one of my colleagues, Dr. Roe from 
Tennessee, and I would like to conduct this particular hour in an 
informal fashion where each of us talk about issues within the health 
care bill that is going to be before us as early as next week and kind 
of banter those back and forth and try to make this interesting for the 
people of America to look at what we are being confronted with to 
confront the issue of is this a better bill to pass than so-called 
``doing nothing.'' And I think the answer to that is fairly clear. I 
believe this bill would be disastrous.
  Let me begin by yielding some time to my colleague, Mr. Roe, and let 
him give you some of his thoughts on what we confront at this point.
  Mr. ROE of Tennessee. Thank you very much, Mr. Shadegg. I appreciate 
the opportunity to be here on the House floor, Mr. Speaker.
  When I was elected to Congress, I had a 31-year medical career, and 
was coming to the tail end of that. I had been an obstetrician/
gynecologist and surgeon. And I had seen various changes from the late 
1960s, when I was in medical school, until now. I had seen absolutely 
incredible changes in the way we deliver health care and what we can do 
for our patients.
  Just a brief example. When I graduated from medical school in 1970, 
there were about five high blood pressure medicines, five 
antihypertensives. And three of them made you sicker almost than high 
blood pressure. Today, 40 years later, there are probably 50 or more, 
and with relatively minor side effects. And patients now have the 
opportunity with high blood pressure, with diabetes, with heart 
disease--we have just seen recently former Vice President Dick Cheney 
and former President Clinton get state-of-the-art health care.
  The question is, how can we get this health care to the majority of 
our people and not bankrupt the country? Because it is not the quality 
of care we are talking about, whether it is heart disease or cancer or 
any other cadre of diseases that we are talking about.
  In the mid eighties we started seeing a shift in the way we discussed 
and delivered health care. What fee-for-service health care is, is that 
you as a patient come to me, and I see you, and I give you a bill when 
you leave, and you pay the bill. That is fee-for-service health care. 
We saw that that was creating a situation where there was 
overconsumption of the services, we didn't have enough money in the 
system to provide that, so a new system of, quotes, ``managed care'' 
came along where insurance companies said, look, we can manage this 
care and we can do this by limiting the number of visits and very 
specifically saying what we are going to pay for in this particular 
health care contract that you have. That is your insurance plan. And 
there were various methods out there to do this.
  In Tennessee, we saw costs rising ever so slowly, but rising faster 
than our inflation was. We tried to control these in our State Medicaid 
program called TennCare. We got a waiver from HHS, the Health and Human 
Services here in Washington, to try an experiment with managed care. We 
had about seven or eight different plans that were going to compete for 
your health insurance business.
  What happened to us was that it was a very generous plan, as this 
plan is as we will discuss later, John, in this hour. When you mandate 
what is in a particular plan and you provide more health care in it 
than someone needs to

[[Page 3170]]

consume, it costs a lot of money. What our plan did in Tennessee, it 
was first dollar coverage, all prescription drugs paid for, so the 
patient had no cost in this. They had no so-called ``skin in the 
game.''
  In 1993 when we instituted this plan, the State spent about $2.6 
billion on health care for the entire State. Ten years later we were 
spending $8 billion. Every new dollar that the State brought in, we 
spent on health care. There was no money in our State for schools, for 
new construction in colleges, and so on, new capital, other things that 
the State does; roads. We had to rein those in. And our Democratic 
Governor did that. The way we did that wasn't a very good way. It was 
basically we rationed care by cutting people off the rolls.
  Today in the State of Tennessee, and the other unknown about these 
Federal plans, is they never pay for the cost of the care. In 
Tennessee, the State TennCare plan paid about 60 percent of the cost of 
actually providing the care. So the more people you got on that plan, 
the more costs that were shifted to private insurers, forcing those 
plans to charge higher premium benefits. So we shifted the costs with a 
hidden tax over from the government plan to the private sector, forcing 
costs to be passed onto businesses, and businesses much like I had.
  Today what we are doing in Tennessee is that in this particular year 
right now, our State legislature is in the process of looking at our 
State health insurance plan. They have cut the cost down to about $7 
billion. And how did they do that? Well, they simply just disenroll 
people. And what the plan is paying for this year are only eight doctor 
visits. In the State of Tennessee, if you have that type plan, you can 
only come to a physician eight times that the State will pay for. And 
they will only pay for a total of $10,000, no matter what your hospital 
bill is. That means that cost is being shifted.
  John, in our State this year, the hospitals are going to have a bed 
tax. They will pass a tax on again to other paying patients to be able 
to make the Medicaid match that they have right here in the State. So 
an expansion that the Senate bill currently has of Medicaid will be 
disastrous for the State of Tennessee. We cannot pay for the plan we 
have.
  Mr. SHADEGG. If I can jump in, let me just talk about an update with 
the experience of the State of Arizona. I happen to have here a letter 
dated yesterday from the Governor of Arizona. And she explains, 
Governor Janice Brewer of the State of Arizona, my Governor, explains 
that our State is already taking a deep financial hit as a result of 
the economy. We have had a loss of State revenues in excess of 30 
percent. This letter is from the Governor to the President of the 
United States. And I just think some of the points the letter makes 
reiterate what you have just said, Doctor, and I think they are 
important for the people of America to understand.
  She writes, ``As the Governor of a State that is bleeding red ink,'' 
this is a direct quote, ``I am imploring our congressional delegation 
to vote against your proposal to expand government health care and to 
help vote it down. The reason for my position is simple: we cannot 
afford it.'' She said, based on our own experience with government 
health care expansion, we doubt the rest of America can afford it. She 
then goes on to lay out the extra burdens that that legislation will 
place unfairly, in her view, on the State of Arizona.
  She says, ``Unfortunately, your proposal to further expand government 
health care does not fix the problem we face in Arizona. In fact, it 
makes our situation much worse, exacerbating our State's fiscal woes by 
billions of dollars.'' And she cites a series of points. One, it makes 
Arizonans pay twice to fund other States' expansions. She writes, 
``Your proposal continues the inequities established in the Senate 
health bill''--by the way, that is the very bill we are being asked to 
pass verbatim without changing so much as a comma, because we can't 
change a comma--``with regard to early expansion States. It is clear it 
will not fully cover the costs we,'' the State of Arizona, ``will 
experience as a result of the mandated expansion. Therefore, Arizona 
taxpayers will have the misfortune to pay twice: once for our program 
and once more for the higher match for other States.'' She then says, 
``It makes States responsible for financing national health care.''
  I won't read the entire paragraph, but she says, ``For 28 years, 
Arizona and the Federal Government have been partners in administering 
the Medicaid program. However,'' she writes, ``under your proposal, 
more power is centralized in Washington, D.C., and the States become 
just another financing mechanism.'' Now, that might not be bad, but she 
points out, ``Not only will States be forced to pay for this massive 
new entitlement program, but our ability,'' Arizona's ability, ``to 
control the costs of our existing program will be limited.'' She then 
says it creates a massive new entitlement program which our country 
cannot afford. And her letter says, Your proposal creates a program 
that does not have the resources and our country does not have the 
resources to support.
  I think the point is made that it is great to have good intentions, 
but it is important to be able to pay for these programs. And this is 
simply one Governor of I think many Governors who are deeply concerned 
that what we are doing is expanding the health care entitlement on the 
backs of States already in deep financial trouble.
  Mr. ROE of Tennessee. Our State Governor, who is a Democrat, has said 
that this is the mother of all unfunded mandates. And let me give you 
an example of what has happened in our State. We are now being asked, 
if this bill were to pass as is, to have a massive expansion of 
government-run health care. It would cost the State $1.5 billion. In 
our State, we have 50 less State troopers than we had 30 years ago, and 
we have 2 million more people. We are not doing a single new capital 
project on the campus of a university this year in our State because we 
cannot afford it. So it is a matter of not do you do health care 
reform, it is a matter of can you afford this.
  And when I have heard the President say that premiums will go down, 
well, I beg to differ. If you look at the Tennessee experience, I can 
assure you if you extrapolate our experience with what they are 
proposing nationwide, I did the math this morning on the way into the 
office, it will be exactly twice what they are saying. And if you look 
at the estimates that the government has done on health care plans, let 
me just run through a couple of those for you. When Medicare came on 
board in 1965, it was a $3 billion program. The government estimated, 
the CBO didn't occur until 1974, but the government estimate in 1965 
was that by 1990, Medicare would be a $15 billion program. It was a $90 
billion program. And today it is a $500 billion program in 2010. That 
particular plan, Medicare, will go upside down, there will be less 
revenue coming in than going out in 6 or 7 years depending on current 
estimates.

                              {time}  1515

  What we are proposing in this, and our senior citizens get this, is 
that one of the proposals in this plan is to take out $500 billion. 
Here is a news flash. Next year the baby boomers, which are a large 
number of people, hit Medicare age. That is 2011. They will begin at 
the rate of several million, tens of millions in the next 10 years, to 
be in a plan that is now underfunded by $500 billion.
  One of the things that the Senate plan does have, which I totally 
agree with, is that we should have been doing this instead of, are the 
fraud and abuse. There is no question that anywhere there is fraud and 
abuse in the Medicare plan, we should be going after it. I couldn't 
agree more.
  Also, in this plan, the new taxes that are in the plan over the next 
10 years which equal about $500 billion, this is the absolute worst 
time on the planet Earth to have new taxes when the economy is still 
reeling from the worst recession since the 1930s. To increase taxes on 
business, whether it is device makers, or whatever it may be, is 
absolutely the wrong time.
  Mr. SHADEGG. I think it is important to understand the burden that 
this legislation does place on our economy

[[Page 3171]]

at a time when we ought to be focused on jobs.
  I know when I go home on the weekends, I encounter many of my 
constituents. I get to see them at the Safeway or the Home Depot. I 
have to tell you, quite frankly, and I don't understand why the 
President and the majority don't get this message, but they do not come 
up to me and say: Congressman, when are you going to fix health care? 
I'm deeply worried about it.
  What they come up to me and say is: Congressman, what are you doing 
about this economy? I need a job. My son just graduated from college, 
and he can't get a job.
  That is where they are.
  But one of the issues I want to focus on in this hour goes to how we 
propose to pass this legislation because I think it shows that we are 
not a functioning institution and are not doing what the people want, 
and that they have reason to be, quite frankly, very upset with us.
  Speaker Pelosi, when she ran and captured the majority in 2006, said 
she was going to have the cleanest, most ethical Congress in history. 
You can debate that issue.
  I personally believe it has been the least procedurally open Congress 
I have ever seen. But I at least hoped that she would fulfill the 
promise Republicans had made of no special deals. And when President 
Obama campaigned and said he was going to bring America change we could 
believe in, and he was, for example, going to negotiate this bill on C-
SPAN, I had hoped that, well, maybe you might not attain that goal but 
that at least there would be fewer backroom deals. But it is absolutely 
stunning to me, and I think it ought to be stunning to every Member of 
this body, and stunning to every American, that not only have we not 
cleaned the process up, but we have seen in the year that we have 
debated this bill, the most outrageous examples of backroom deals in 
the composition or construction of this bill ever in at least the 
history that I have been here since 1995.
  It is important to understand that every one of those backroom deals, 
every one of those special deals cut with Members of the United States 
Senate and put into the Senate-passed bill, will have to be voted upon 
as a part in the bill that passes the U.S. House.
  We are now being asked to vote for, my colleagues on the Democrat 
side, are being asked to vote for a bill that contains the Corn Husker 
Kickback and that contains the Louisiana Purchase, that contains a 
special provision for a Connecticut hospital. Let me just document 
those because I think it is important to understand.
  The latest trick is somehow we are going to avoid that because the 
majority is going to simply pass a rule deeming the Senate bill passed. 
If that is not a charade to trick the American people, I don't know 
what is. But I will tell you this, these provisions are in that bill: 
number one, the Louisiana Purchase. According to The Washington Post on 
November 22, 2009, their headline, ``Sweeteners For the South.'' The 
bill in section 2006 provides a special adjustment of $300 million to 
aid or to provide for the State Medicaid program, and the only State 
that would qualify, the State of Louisiana. It sounds like a sweetheart 
deal to me. It sounds like a backroom deal that the American people 
thought wasn't going to happen any more.
  Second, according to Politico, December 20, 2009, ``Health bill money 
for hospitals sought by Dodd.'' Section 10502 of the bill, this is the 
bill we will vote upon or we will deem passed, so you can go on the 
Internet and look at it, go and look at section 10502, provides $100 
million for the University of Connecticut Hospital. I don't know about 
you, Dr. Roe, but I didn't get $100 million for a hospital in the State 
of Arizona in this bill.
  Item number 3, Politico, February 3, 2010, headline, ``Democrats 
protect backroom deals.'' This one is pretty interesting. It appears 
that Vermont, represented by Senator Bernie Sanders, John Kerry 
representing Massachusetts, were able to find in the bill, or put into 
the bill in section 10201, $1.1 billion for the States of Vermont and 
Massachusetts for their Medicaid program.
  Now I have had my staff go over the bill and I am looking for 
Arizona's $1.1 billion. Or, since those two States split it, it turns 
out to be $600 million for Vermont and $500 million for Massachusetts. 
I looked around to see if I could find $500 million or $600 million for 
Arizona, but it is not there. But every Member of this body, I think as 
early as next week, or maybe the week after, is going to get to vote on 
that special deal. They can't change a word of it. So if your 
congressman says oh, no, I'm not voting for that, that is wrong because 
it will be in the bill.
  I have many more of these to go over.
  Mr. ROE of Tennessee. Let me just point out that when you pointed out 
Louisiana, Nebraska, Massachusetts, Vermont, and Connecticut, all of 
these special deals, what that is saying is that those Representatives 
and Senators from there realize that this is a bad idea if it is going 
to cost the State money.
  Mr. SHADEGG. Wait, wait. So you are suggesting that they find the 
bill a bad idea, so they had to find a special deal, or a sweetener, to 
get their vote? Shocking.
  Mr. ROE of Tennessee. It is shocking. And the people from the outside 
who look at it, the people from Nebraska and Louisiana are fair people. 
I have heard the governors say this. They will pay their own way. They 
didn't ask to be cut into a special deal, and that is exactly what this 
is.
  What we are looking at in Tennessee is that what this special deal 
will cost us in Tennessee is a billion and a half more dollars, in 
addition to what we are doing now, of dollars we do not have. Neither 
does the State of Arizona, and most of the other states.
  It doesn't mean that we can't do something for health care, but this 
is not the right way to do it.
  Another thing, in Tennessee we have a law called the sunshine law. I 
as a mayor--that was my last political job before I got here--could not 
discuss with other members outside a public meeting, totally 
transparent, any city business. So the camera was on or it was an open 
meeting. Every single thing we did. Was it cumbersome and hard to do? 
Yes. But guess what didn't happen? This kind of nonsense didn't happen.
  I woke up on December 24 when the Senate voted on this, and I knew 
what was in there, and I told my wife, I said I worked very hard to 
gain my reputation throughout the years as physician, and I was very 
proud to be a Member of the U.S. Congress. It made me ashamed to be 
part of an organization that would cut a backroom deal like this.
  Mr. SHADEGG. I think you make a fascinating point. Clearly, the 
American people get it. They believe the health care system delivers 
quality care, but a lot of people are left out. Indeed, many of my 
friends in Arizona point out, way too many people are left out. The 
uninsured are left out. Many of the uninsured are people who are just 
not lucky enough to get employer-provided care.
  One of the moral outrages I find in America's political system is 
that we say if you work for a big employer, let's say you work for 
General Motors or you work for in my State Intel or Motorola. You get 
employer-provided health care. You know what that is? It is tax free. 
But if you own a lawn service or a small corner garage and you don't 
get employer-provided health care, and your employees don't get 
employer-provided health care, they have to go out and buy health care 
on their own. That might be okay. I actually think it is better when 
you buy your own policy, but here is what the Federal Government does 
to those people. They say we want you, the guy who works for the lawn 
service or the guy who works for the corner garage that can't provide 
employer-provided health care, we want you to go out and buy health 
care, and we want it so much that we are going to make you buy it with 
after-tax dollars. That is to say that we are going to charge you at 
least a third more.
  I want to make the point that we can fix that inequity and let every 
American buy health care tax free, just like their employers can, but 
this bill doesn't do it.

[[Page 3172]]


  Mr. ROE of Tennessee. You are describing me. When I worked for myself 
in a group of physicians, we had 70 physicians and 350 employees. I 
retired to run for Congress, and I am on my own. So that year that I 
ran, whatever my tax bracket was, my health insurance cost me that much 
more money, because as an individual I couldn't deduct my health 
insurance premiums. But a large company could do that. And my business 
could do that. I have experienced that very thing.
  Mr. SHADEGG. If that bill solved that one thing, if it just said to 
the average American who doesn't get employer-provided insurance, we 
will let you buy it tax free, like the people who get it from their 
employer, we would solve a huge amount of the problem of uninsured 
Americans who can't get care. But it doesn't do that. Let's talk about 
what it does do, because I only went through some of them. Let's talk 
about how this is the cleanest, most ethical Congress in history, and 
how we have change you can believe in.
  Well, here are some of the things you can believe in. The bill has $1 
billion, according to The Wall Street Journal in an article published 
on October 15, called ``States of Personal Privilege.'' This article 
says that there is $1 billion in the bill to assist New Jersey's 
biotech companies, and they get that subsidy, put in there, according 
to the article, by Senator Bob Menendez, Democrat from New Jersey. 
Apparently he didn't think it was a particularly good bill, not good 
enough until he got $1 billion in there for drug company research, at 
least according to The Wall Street Journal, one more special deal.
  But wait, there is more. Let's look at an article in The Wall Street 
Journal, same article, October 15, 2009, ``States Of Personal 
Privilege.'' It points out that Massachusetts--one of their United 
States Senators is John Kerry--or Michigan--one of their Senators is 
Debbie Stabenow--get, and these guys are not pikers, they get $5 
billion, with a ``b,'' $5 billion in a, I would suggest, a special 
deal, backroom deal, certainly a deal I didn't get, for union members 
that happen to live in Michigan and Massachusetts. You know, I guess it 
is a good deal if you can get it. You suggest maybe that persuaded them 
to support this bill that we now get to vote for, and I assume my 
Democrat colleagues are going to say, Look, we want all that stuff 
stripped out of the bill. The President says he is going to strip some 
out. But, quite frankly, I don't think that he is talking about 
stripping out many of these. They won't be stripped out from the bill 
we vote upon.
  Mr. ROE of Tennessee. You can't change. If you dot an ``i'' or cross 
a ``t,'' that is not the same bill, so they can't strip it out.
  Mr. SHADEGG. I presume that makes those Senators who got these deals 
into the bill that aren't going to be stripped very happy.
  Mr. ROE of Tennessee. I would think so.
  I think the thing that bothers the American people, the fairest 
people in the world, as long as we are all treated the same--we have 
fought for that equality. And we expect equality in health care. We are 
trying to provide the same high quality health care for all of our 
citizens, but this is not the way to do it. I am telling you, this is a 
prescription for rationed care over time. I have seen it happen in my 
own State. The people understand it. They get it.
  A couple of things that I would like to talk about. The financing of 
this bill, it is really a shell game. You've got 10 years of taxes to 
pay for about six-plus years of care which, when you stretch out over 
$1 trillion dollars, $100 billion a year, really you are putting that 
$1 trillion in 6 years worth of spending.
  The other thing that this bill doesn't do, there is a little thing 
called the sustainable growth rate for physicians.

                              {time}  1530

  Right now, doctors are expected to have, in the next month, if we 
don't kick the can down the road again, a 21-percent cut in their 
Medicare payments. If that happens, and I have talked to my own doctor, 
colleagues around the country, three things are going to happen.
  Number one, you are going to decrease access because the physicians 
can't afford to see those patients. Remember another government 
program, Medicare, doesn't pay for the total cost of the care; it pays 
about 80 to 90 percent of the cost.
  Number two, when you do that, you will decrease access and quality.
  And, number three, you're going to increase the cost to our seniors, 
who cannot afford it.
  So I think that's a thing that people get. This doctor fix, which is 
left out, is about a $250 billion or $260 billion additional cost to 
health care. And how you can take physician payments of Medicare out of 
the health care bill and say you're reforming it is beyond me.
  I yield back.
  Mr. SHADEGG. Pretty stunning when you discover that, for example, 
lots of people can't find a doctor that will take them as a Medicare 
patient. And even more so, unfortunately America's poorest, who do get 
Medicaid, a program that some would advocate expanding, cannot find a 
doctor who will treat them under Medicaid because the reimbursement 
rates are so low.
  You know, we're mixing a discussion here of kind of the things that 
are procedurally wrong with the bill because they must pass, here in 
the House, the Senate bill exactly as it passed the Senate. We're 
talking about the special deals that are in that bill.
  But I think we ought to also be talking about this whole notion about 
do Republicans have any ideas. What is it that we would do? I've 
already talked about one. I said, look, if you fix the Tax Code so that 
every single American could buy health insurance tax free, just like 
those who get it from their employer, you would go, instantaneously, 
just with that one fix, toward solving I think the single biggest 
inequity in American Society. We say to the lucky, who work for big 
employers, you get tax-free health care. We say to the unlucky, you 
don't; you've got to buy it with after-tax dollars. But that isn't 
fixed in this bill.
  But let's talk about another, since Republicans don't have any 
ideas--I'm saying that facetiously--let's talk about another Republican 
idea. I mentioned in my introductory remarks that I have an older 
sister who is a breast cancer survivor. Fortunately, she has now 
survived breast cancer for more than 20 years. That has focused my 
attention on the issue of preexisting conditions. I don't know a single 
Republican bill that does not solve the problem of preexisting 
conditions.
  Now, let me see if I understand this: the Democrats want to solve the 
problem of preexisting conditions; Republicans want to solve the 
problem of preexisting conditions. I know of nobody on that side of the 
aisle who says, yup, you ought to be able to be denied care because you 
once had and survived cancer or heart disease. I don't know anybody on 
this side of the aisle who says you ought to be able to be denied care 
because you once had cancer or heart disease. We all agree it's a 
problem that needs to be solved.
  Indeed, back in 2006, this Congress, when there was a Republican 
majority, passed legislation to deal with preexisting conditions and 
the Senate adopted it. It passed the House by a voice vote, it passed 
the Senate by unanimous consent, and it was signed into law by the 
President. Nobody remembers it. I happen to remember it because I wrote 
it. But let's talk about what it would do because, unfortunately, my 
colleagues on the other side of the aisle and President Obama and 
Secretary Sebelius apparently don't understand it. Let me explain how 
it works.
  This is legislation that would create high-risk pools. The bill 
offered money to every State in the Nation to create a State-based 
high-risk pool, do the administrative work of creating that pool, and 
then it offered additional money to help pay for the pool. Now, the 
average American out there listening might not know how a high-risk 
pool works. Well, here is how a high-risk pool works:
  If you live in the State of Tennessee and they created a State-based 
high-

[[Page 3173]]

risk pool, or the State of Arizona, my home State, and you are denied 
coverage like my older sister because you had breast cancer or denied 
coverage because you had, say, heart bypass surgery, you would have a 
right to go to the State-based high-risk pool, you would have the right 
to buy insurance, you could not be denied coverage, and you could not 
be charged more than, we'll say, 110 or 120 percent of what they would 
charge someone that didn't have that preexisting condition. Now, that 
would mean that everyone with a preexisting condition could join the 
high-risk pool.
  Now, here's how a high-risk pool works: the people in the high-risk 
pool do not pay the cost of its care because naturally if there is a 
cap on their premiums of 110 or 120 percent of the cost of a healthy 
person, they wouldn't have enough money to pay. So the extra cost for 
those people who are admittedly high risk, admittedly sick, is borne 
either by all of the taxpayers in the State through a tax subsidy, or 
by all the people in the State who purchase insurance because it is a 
levy on all the insurance companies in the State.
  There is also risk readjustment that's been proposed. But all of 
these are concepts whereby the healthy in a given State help pay for 
the care of the sick. Now, here's what I'm stunned by: at the White 
House summit on health care, the President described State high-risk 
pools, or high-risk pools, and he said, oh, those don't work very well 
because you just put all the sick people in them and over time their 
premiums go up. Secretary Sebelius said, no, high-risk pools don't work 
because you put the sick in them and you give them no help with their 
premiums.
  I've got news for the President and news for Secretary Sebelius: no 
high-risk pool in America works the way the President described it, 
one. No high-risk pool in America works the way Secretary Sebelius 
described it. In point of fact, they don't work by putting the sick 
people in and expecting the premiums paid by the sick people to take 
care of their care. They are put in the high-risk pool so that healthy 
people can be assessed a fee to help care for the extra care and 
services needed by the sick. And in point of fact, they work quite 
well.
  We could and should expand them dramatically, and the costs are 
spread amongst the healthy. Now, why do people agree to that? Well, 
it's very obvious. It's because you and I don't know that tomorrow we 
won't be the one with breast cancer or the one with heart disease and 
need to be in the high-risk pool ourselves.
  So we are supposedly having an educated debate where the Secretary of 
Health and Human Services and the President, who sponsored the summit, 
don't even understand how a high-risk pool works. That's an idea that 
Republicans have put on the table. I guess if Democrats are going to 
say we don't have ideas, it's because they don't understand our ideas.
  Does Tennessee have a high-risk pool, and is that how they work?
  Mr. ROE of Tennessee. We do have a high-risk pool, and that is how 
they work.
  And just so people understand, a preexisting condition is a problem 
in the individual. If you're an individual like I was 2 years ago out 
trying to buy insurance, or, number two, in the small business pool, if 
you have 10 employees or 12 employees, it's very difficult. If one 
person has an illness, it just runs your cost up so high you can't 
afford it. So how do you make small groups or individuals large groups?
  One of the things that Congressman Shadegg has brought up makes 
absolute sense to me--I cannot understand why anybody but an insurance 
company wouldn't want you to do it--to remove the State line. What you 
do, you can buy car, your life, your home, everything else across the 
State line except health insurance. Well, if I'm Blue Cross Blue Shield 
in Alabama and I've got 84 percent of the market there, I don't want 
that to happen, but I bet the consumers in Alabama or Tennessee, or 
wherever it may be, would like that. Allow us, as consumers, to go on 
the Internet, look and purchase across the State line and form pools 
which make small groups large groups and preexisting conditions go 
away.
  I yield back.
  Mr. SHADEGG. As I understand it, we first talked about a Republican 
idea of saying let everyone buy health insurance tax free. Republican 
idea. That would take care of the little guy who's paying an outrageous 
after-tax price for his health care. One Republican solution not in 
this bill.
  We've talked about high-risk pools so that people who have a 
preexisting condition--and they may have diabetes or something very 
expensive to treat--they can get help from those who are healthy in the 
State; they actually get a subsidy. Second Republican idea not in this 
bill. The President says it's in, but it's in as a temporary measure 
and taken right back out. Now you're talking about a third Republican 
idea, which is that we allow people in the individual market to buy 
health insurance across State lines, increase their competition.
  It sounds to me like there are ideas coming from our side of the 
aisle. I guess I would like to know, why don't we, rather than doing 
one big massive bill some 2,000 pages long that according to what I've 
read at least 56 percent of Americans don't want, that at least 78 
percent of Americans believe will cause the cost of government to go up 
and cause the cost of their premiums to go up, why don't we just pass 
individual bills, one, to allow people to buy health insurance tax 
free; two, one to allow people to join either a State or a national 
high-risk pool; three, a bill that will allow people to buy health 
insurance in the individual market across State lines and enjoy the 
competition of not having to pick from just Blue Cross Blue Shield of 
Alabama, but be able to pick from Blue Cross Blue Shield across the 
country or 20 other companies. Couldn't we do that on a piece-by-piece 
basis, do one bill and then the other bill and then the other bill?
  Mr. ROE of Tennessee. We absolutely could. As we say, you don't eat 
an elephant in one bite; you take a bite at a time.
  Mr. SHADEGG. I don't think I could eat an elephant in one bite.
  Mr. ROE of Tennessee. I tried last night.
  The other thing that I would like to bring up while we're talking 
about it is how you affect cost, because we started this hour talking 
about health care cost. And without meaningful tort reform, liability 
reform, you will never bend the cost curve.
  Let me give you an example. Years ago, when I was a resident in my 
training and after I got out of the Army and came back, we didn't make 
a lot of money as a resident so we would moonlight, work in emergency 
rooms. If you came into the emergency room and let's say you had some 
right-side, right-lower quadrant pain, I would examine you, get your 
vital signs, get a very simple, inexpensive blood test, a CBC. Let's 
say it was 10,000, a little bit elevated, your temperature is 99.2, a 
little bit elevated. I don't think you have appendicitis. And I say, 
well, why don't you come back in 8 or 12 hours and we'll reevaluate 
you. That was a very inexpensive visit.
  Today, if that person comes into an emergency room, you're not going 
to leave until you glow in the dark, I can tell you, because you're 
going to get a CT scan, ultrasounds, and every other thing in the 
world. It's going to be a $1,500 or $2,000 visit. And, John, I will 
guarantee you most of those are negative.
  The reason that the doctor orders them is that there is no reason I 
shouldn't do that because if that appendicitis patient does happen to 
get out there, you can just write the check with the zeros and the 
commas. I can tell you when you get sued, the cost of that is enormous 
in this country. And who pays for that? We all do. Every consumer of 
health care pays for that.
  Mr. SHADEGG. Just to interrupt for one quick second. That's what we 
call defensive medicine, which means a doctor defending himself in 
advance or practicing defensive medicine because he is afraid he's 
going to get sued and has to be able to respond to that suit.
  Mr. ROE of Tennessee. Exactly. And you hear us being compared to 
Canada

[[Page 3174]]

and England and so forth. They have tort reform. They don't practice 
defensive medicine there. As a matter of fact, there is a lot of 
medicine that doesn't get practiced there at all because of cost, but 
they don't because you can't sue the government. The VA has that 
system; you can't sue a doctor in the VA. That's another area where 
tort reform has worked.
  The reason that it needs to be done is that no one has argued not to 
compensate an injured person. Someone who has actually sustained an 
injury with actual damages, absolutely that should be done. In our 
State of Tennessee, since 1975, when we formed the State Volunteer 
Mutual Insurance Company, over half the premiums paid in by physicians 
into that company have gone to attorneys, not to the injured party. 
Less than 40 cents on the dollar have actually gone to people who have 
been hurt and about 10 to 12 cents on the dollar has gone to run the 
company and put back reserves.
  We need a system where we can actually help people who have been 
damaged. And the cost of this, I can tell you right now, I have a 
friend of mine in my local community, a great family practitioner, 25 
years, got his first lawsuit on a 19-year-old woman who had a very rare 
situation that occurred. There was no malpractice involved, just a very 
rare condition. His first year after that, his referrals to doctors, to 
specialists went up 500 percent and his ordering tests went up 300 
percent. And that happens all over the country.
  Mr. SHADEGG. It is clear that tort reform should be a part of this 
legislation, but of course it is not.
  I have tried to outline here, I told you that I had many, many kinds 
of special deals, backroom deals, behind the scenes deals--``change you 
can believe in'' if you will--that I wanted to go through during this 
hour. I think we've been through five of them so far.
  You just mentioned Blue Cross Blue Shield. It turns out that Blue 
Cross Blue Shield does pretty well in this legislation because section 
10905, if you want to look at it, of the Senate bill, the bill we will 
vote on here on the floor next week or the week after, without changing 
a comma has a special deal in it that exempts Blue Cross Blue Shield, 
but only Blue Cross Blue Shield of two States. It turns out it exempts 
Blue Cross Blue Shield of Nebraska and Blue Cross Blue Shield of 
Michigan from having to pay a particular fee that will be imposed on 
all other insurance companies.
  Interestingly, Senator Ben Nelson represents Nebraska; Senator Debbie 
Stabenow represents Michigan. And, again, the source of this story, 
another news story, Boston Globe, December 22, 2009, title of the 
article, ``Concessions Lawmakers Won in the Health Care Bill.'' These 
Senators won a lot of concessions. Blue Cross Blue Shield of, I guess, 
Nebraska and Michigan are happy.
  Let's talk about the next one. It turns out that, according to the 
New York Times--so we've got lots of sources, we've got the Wall Street 
Journal, we've got the Boston Globe, we've got Politico, we've got the 
New York Times--this one is the New York Times, December 20, 2009, 
``Deep in Health Bill,'' is the title of the article. Very specific 
beneficiaries. It turns out that coal miners in Libby, Montana, in 
section 10323, get several billion dollars' worth of free coverage as a 
result of, according to the article, Senator Max Baucus of Montana.

                              {time}  1545

  Yet I thought maybe that is a part of the change we can believe in 
when only powerful Senators are able to get the deals and not powerful 
House Members.
  The third one that I thought I'd bring up in this particular segment 
goes back to Florida. I think this has actually been called the ``Gator 
Aid.''
  Then this particular one appeared in an ABC News blog on February 22 
of this year, 2010, which reads, ``White House Cuts Special Help for 
Nebraska, but Other Deals Remain in Reform Bill.'' It points out the 
provision that Senator Bill Nelson was able to negotiate in not cutting 
Medicare Advantage in Florida.
  Now, mind you, Medicare Advantage is very important to the elderly. 
In Arizona, in my State, which is a big retirement State, I have lots 
of constituents on Medicare Advantage. If I could have cut this deal, 
you know, maybe I wouldn't have been complaining, but that's not the 
way the system works. I wasn't a Senator, and I didn't get to cut this 
deal, but Ben Nelson did. It says that the Medicare Advantage cuts that 
will occur in Tennessee or in Arizona won't occur in Florida, courtesy 
of Senator Ben Nelson.
  So I guess we have the most ethical and the change we can believe in 
except when we don't have the most ethical and the change we can 
believe in.
  Mr. ROE of Tennessee. I think one of the things I have fought against 
for many, many years is that of the abuse of insurance companies. They 
don't get off free here. In one of the last cases I did in practice 
before I came to Congress, I spent as much time on the telephone 
getting a case approved as I did doing the case, which was a major 
surgical case. So there needs to be some meaningful insurance reform.
  How do you do that?
  Well, what also isn't in this bill works extremely well because I 
have used one myself, and 80-something percent of my 300 employees who 
get health care through our practice use this. It's called a health 
savings account. What it does is it puts me, the consumer, in charge of 
first dollar. The insurance company is not in charge of it; I am in 
charge of it. The argument is that only the wealthy will use a health 
savings account. That is not true. This is how my health savings 
account works and how it works for my employees:
  The business puts $3,000 away, tax deductible, into a plan that is 
yours. You have a debit card--and I have one right here in my pocket--
so, when I go and purchase health care, I buy it on the first dollar. 
The people I'm buying it from don't have to wait 2 seconds to get paid, 
so I want the lowest price. The one I used had a $5,000 deductible. I 
take good care of myself, and I've been fortunate. After 2 years, I had 
almost $8,000 left of my money. The insurance company didn't keep it as 
profit--I kept it--so I am incentivized to spend my health care dollars 
wisely.
  This is a very good way to bend down that cost curve when you put me, 
the consumer, in charge of my own health decisions.
  Mr. SHADEGG. You've touched on a hot button for me.
  I think the health insurance industry in America has cut a fat hog. I 
think, quite frankly, they have failed the American people.
  Mr. ROE of Tennessee. That sounds like a southern comment.
  Mr. SHADEGG. It does. I think they have failed to provide economic 
coverage to the American people. I think they have failed to hold down 
costs. I think that the health insurance industry is largely to blame 
for a system that wastes a ton of money; yet it's the government that 
puts them in that position, because it's the government that says that 
you and I can't buy first-dollar coverage just for ourselves without 
paying for it with after-tax dollars.
  In this bill, I think we ought to be making the American health 
insurance companies compete with each other, and they don't right now. 
I can hear now the howls and screams of the health insurance executives 
across the country, saying, Of course we compete with each other. What 
are you talking about? Wrong. Wrong. Wrong. They compete to get your 
employer to buy their products. They don't compete to get you to buy 
their products.
  I've got to tell you, in my life, I've worked for a number of 
different employers. I've never had an employer say to me, Look. I'll 
buy your suits for you because I know better what kind of suits you 
need than you do; or, I'll buy your car for you because I know better 
what kind of car you need than you do; or, I'll buy your home for you 
because I know better what kind of home you should live in than you do. 
I've never had any of them say, I'll buy your auto insurance for you 
because I know better than you do.
  With all of those other products, we allow individuals to pick the 
products. I pick out my own suits. I pick out my

[[Page 3175]]

own home. I pick out my own auto. I pick out my own auto insurance, my 
own homeowners' insurance, and my own life insurance.
  Interestingly, in each of those businesses, costs aren't going up as 
fast as they are in health care. They're going up at a slower rate. 
Now, why is that? Ah, could it be that those companies, the people who 
sell me suits, are competing with other people? Could it be that the 
people who sell me a house are competing with other builders? Let's 
just talk about one clear comparison.
  When you go home tonight, turn on the TV, Doctor. I guarantee that 
you will see advertisements for auto insurance by GEICO, by 
Progressive, by Allstate, by State Farm, by Farmers. There will be a 
slew of TV commercials on your TV tonight, and every single commercial 
will say the same thing, which is, Buy our auto insurance, and we will 
charge you less and will give you more. They're pounding each other's 
heads in with competition.
  As a matter of fact, when I was a kid growing up, there was a song 
called ``Breaking Up is Hard to Do.'' You've probably heard it. 
Allstate has an ad out right now. It uses that song ``Breaking Up is 
Hard to Do.'' Allstate says, Guess what? If you'll fire your auto 
insurance company and buy ours, you'll get a better deal, but since you 
probably don't want to fire your auto insurance company, Allstate will 
do it for you.
  Now, it's interesting. Here are these auto insurance companies that 
are pounding each other's heads, saying they can give you a better 
product for a lower price. How many ads like that do you think you'll 
see tonight by UnitedHealthcare or Blue Cross Blue Shield or Aetna, 
saying, Buy our health care product, and we'll give you our health care 
plan, and we'll give you lower health insurance costs and better health 
insurance coverage?
  I know the answer. I think you know the answer.
  You will not see a single ad from a health insurance company, saying, 
Buy our health insurance plan, and we will charge you less and give you 
more. Do you know why? Because they don't have to compete for our 
business.
  That's just dead wrong. If this bill does one thing, it ought to make 
those guys compete for our business. Instead, look at what this bill 
does:
  Stunningly, the White House says that the answer to solving health 
care problems in America is to force us to buy a health insurance plan 
from the guys who already are selling us lousy, expensive health 
insurance. It has got an individual mandate. It has got an employer 
mandate. They're saying, We're going to fix health care in America. 
We're going to make you buy that crummy product that the current health 
insurance companies are selling you.
  How is that going to work? So let's talk about who has cut a fat hog 
in this deal.
  The health insurance industry came into this, and they said, Here is 
what we want out of health insurance reform. We want no public plan, 
because that would be competition, and we don't want to compete with a 
public plan. Well, maybe they've got a point. They said, Well, we do 
want an individual mandate.
  Guess what they're going to get?
  The bill that the Senate passed, the bill we're going to vote on in 
this House, says there will be no public plan, but they're going to 
compel, at almost gunpoint, every American to buy a health insurance 
plan, approved by the Federal Government, from one of those same health 
insurance companies that are overcharging us now.
  The White House says they're fighting the health insurance industry? 
Get a grip.
  Mr. ROE of Tennessee. They're in bed with them.
  Mr. SHADEGG. They're in bed with them.
  Mr. ROE of Tennessee. Well, let's talk about a couple of solutions. 
We've talked about a lot of problems. If you did two things, you could 
cover almost two-thirds of what the Senate bill does and would not have 
one new program. Actually, one new bill would do it.
  Number one: Allow your adult-aged children when they're above 18 
years of age or when they've graduated from college--and I've had three 
who have had this problem. For their first jobs, they didn't have 
health insurance. Just let them stay on their parents' plans. That's in 
the House bill. Pick your number--26, 27, 28 years old. You would cover 
7 million young people by doing that.
  Number two: Adequately fund and simply sign up the people who are 
eligible for SCHIP, the State Children's Health Insurance plan, in 
Medicaid right now. You would cover 10 to 12 million people.
  In this way, you'd cover almost 20 million people without this 
massive, incomprehensible, 2,700-page bill with all the special deals 
in it.
  Mr. SHADEGG. But wait. But wait.
  Without a 2,700-page bill, you couldn't hide the Cornhusker Kickback. 
You couldn't hide the Gator Aid. You couldn't hide the Louisiana 
Purchase. I haven't even gotten to all of them yet, but go ahead.
  Mr. ROE of Tennessee. You can talk about one page, and you're talking 
about 18, 19, or 20 million people.
  Mr. SHADEGG. There you go.
  Mr. ROE of Tennessee. So what could you do very briefly and very 
simply?
  Number one: Increase competition. You have to do away with State 
lines and allow competition to occur across State lines.
  Mr. SHADEGG. Wait. Can I stop you right there?
  Mr. ROE of Tennessee. Yes.
  Mr. SHADEGG. I was the first guy to introduce a bill to allow cross-
State-line purchase.
  Mr. ROE of Tennessee. I know you were.
  Mr. SHADEGG. You just used the number of 12 million. Two professors 
at the University of Minnesota, which is not exactly a conservative 
university, said, if you just enacted cross-State-line purchases, then 
that would enable 12 million additional Americans to afford health 
insurance with not one penny of cost to the American taxpayer.
  Mr. ROE of Tennessee. Well, the three things we have mentioned right 
there would cover this bill.
  Anyway, one, you've got State lines. Two, you've got association 
health plans, or groups, which would allow individuals or groups to 
form. Three, you've got the tax deduction allowing an individual to 
deduct it from his tax. Four, you've got tort reform. Five, which we've 
just mentioned, will allow adult-aged children to stay on their 
parents' plans.
  These are five simple things you can do without having all of the 
special interest groups and everything else. Then guess what? One of 
the things would be to expand the health savings account. You would be 
putting individuals in charge of their health care and of their health 
care decisions. Who should make them? A health care decision should be 
made between a physician, the family, and the patient. That's who 
should be making the decisions--not insurance companies, not the 
government.
  Mr. SHADEGG. I just want to reiterate what you said: A health care 
decision ought to be made by the patient, the family, and the 
physician.
  Mr. ROE of Tennessee. That's absolutely right.
  Mr. SHADEGG. Yet that's not how the system works today.
  Mr. ROE of Tennessee. No.
  Mr. SHADEGG. In the system today, your employer picks the plan, and 
the plan picks the doctor. You don't get to pick the plan, and you 
don't get to pick the doctor. If the plan or the doctor abuses you, you 
can't fire them.
  Mr. ROE of Tennessee. You're stuck.
  Mr. SHADEGG. Your idea is we should empower patients to be able to 
pick their plans and to be able to pick their doctors, which we could 
do by, number one, letting those Americans who can afford it but who 
don't get employer-provided care buy health care without paying a tax 
penalty; number two, letting those who get money from their employers 
either take their employers' plans or pick their own plans. I guess 
that's why we call it ``patient choice.''
  Instead of empowering patients, this bill that we're going to vote on 
of 2,000-and-some-odd pages, the Senate bill,

[[Page 3176]]

which has these 11 special backroom deals in it--and I still haven't 
gotten to all of them. That bill says, no, we shouldn't make it the 
patient, his or her family, and the doctor. We shouldn't leave it as 
the employer is overruling you. We should make it that the government 
is controlling the system.
  Mr. ROE of Tennessee. Yes.
  I had a very successful medical practice, and I understood who I 
worked for--not the insurance company, not the hospital. I worked for 
the patient. We are losing that because we are putting insurance 
companies and we are putting the government in between those 
decisionmakers.
  Mr. SHADEGG. It's a third-party pay system that exists right now. It 
does not work when your employer controls your health care plan. It 
will not work when the government controls your health care plan. It 
makes all the sense in the world to let people control their own health 
care plans. I've got a couple of myths and facts here I thought I'd 
conclude with.
  The White House says that your insurance premiums will decrease if 
this bill is enacted. Interestingly, the CBO and the Joint Committee on 
Taxation say that the average premium per person covered for new 
nongroup policies would be about 10 percent to 13 percent higher in 
2016 than the average premium for nongroup coverage in that same year 
under current law. So we're going to put the government in charge, and 
premiums will go up.
  The President said that you could keep your coverage if you like it. 
Interestingly, in Baltimore, when he came and talked to us, he admitted 
that was no longer the case. In fact, here are the numbers: Between 8 
and 9 million people who would be covered by an employment-based plan 
under current law would not have that offer of coverage if this bill 
passes.
  I think this is a critically important debate. I think we can reform 
health care in America. I think we can find ideas on the other side of 
the aisle and on this side of the aisle. I think we can get to reform, 
but I don't think the way to do that is with a system that moves power 
away from you and me and gives it to the government.
  I thank the gentleman for his assistance.
  Mr. Speaker, I yield back the balance of my time.

                          ____________________




REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 3650, HARMFUL 
  ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF 2010

  Ms. SLAUGHTER, from the Committee on Rules, submitted a privileged 
report (Rept. No. 111-439) on the resolution (H. Res. 1168) providing 
for consideration of the bill (H.R. 3650) to establish a National 
Harmful Algal Bloom and Hypoxia Program, to develop and coordinate a 
comprehensive and integrated strategy to address harmful algal blooms 
and hypoxia, and to provide for the development and implementation of 
comprehensive regional action plans to reduce harmful algal blooms and 
hypoxia, which was referred to the House Calendar and ordered to be 
printed.

                          ____________________




                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Mr. Young of Florida (at the request of Mr. Boehner) for today on 
account of illness caused by food poisoning.

                          ____________________




                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Mr. Bright) to revise and 
extend their remarks and include extraneous material:)
  Ms. Woolsey, for 5 minutes, today.
  Mr. DeFazio, for 5 minutes, today.
  Ms. Kaptur, for 5 minutes, today.
  Mr. Bright, for 5 minutes, today.
  (The following Members (at the request of Mrs. Schmidt) to revise and 
extend their remarks and include extraneous material:)
  Mr. Poe of Texas, for 5 minutes, March 18.
  Mr. Jones, for 5 minutes, March 18.
  Mr. Whitfield for 5 minutes, today.
  Mr. Moran of Kansas, for 5 minutes, March 18.

                          ____________________




                          SENATE BILL REFERRED

  A bill of the Senate of the following title was taken from the 
Speaker's table and, under the rule, referred as follows:

       S. 1067. An act to support stabilization and lasting peace 
     in northern Uganda and areas affected by the Lord's 
     Resistance Army through development of a regional strategy to 
     support multilateral efforts to successfully protect 
     civilians and eliminate the threat posed by the Lord's 
     resistance Army and to authorize funds for humanitarian 
     relief and reconstruction, reconciliation and transitional 
     justice, and for other purposes; to the Committee on Foreign 
     Affairs.

                          ____________________




                              ADJOURNMENT

  Ms. SLAUGHTER. Mr. Speaker, I move that the House do now adjourn.
  The motion was agreed to; accordingly (at 4 p.m.), the House 
adjourned until tomorrow, Friday, March 12, 2010, at 9 a.m.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

   Under clause 2 of rule XXIV, executive communications were taken 
from the Speaker's table and referred as follows:

       6508. A letter from the Administrator, Department of 
     Agriculture, transmitting the Department's ``Major'' final 
     rule -- National Organic Program; Access to Pasture 
     (Livestock) [Doc. No.: AMS-TM-06-0198] (RIN: 0581-AC57) 
     received February 25, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Agriculture.
       6509. A letter from the Office of Research and Analysis, 
     Department of Agriculture, transmitting the Department's 
     ``Major'' final rule -- Food Stamp Program: Eligibility and 
     Certification Provisions of the Farm Security and Rural 
     Investment Act of 2002 [FNS-2007-0006] (RIN: 0584-AD30) 
     received March 5, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Agriculture.
       6510. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Laminarin; Exemption from the 
     Requirement of a Tolerance [EPA-HQ-OPP-2008-0529; FRL-8812-1] 
     received February 19, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Agriculture.
       6511. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Nicosulfuron; Pesticide Tolerances for 
     Emergency Exemptions [EPA-HQ-OPP-2009-0569; FRL-8812-5] 
     received February 19, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Agriculture.
       6512. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Trichoderma gamsii strain ICC 080; 
     Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-
     2008-0749; FRL-8799-4] received February 19, 2010, pursuant 
     to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
       6513. A letter from the Chairman and Chief Executive 
     Officer, Farm Credit Administration, transmitting the 
     Administration's 2010 compensation program adjustments, 
     including the Agency's current salary range structure and the 
     performance-based merit pay matrix, in accordance with 
     section 1206 of the Financial Institutions, Reform, Recovery, 
     and Enforcement Act of 1989; to the Committee on Agriculture.
       6514. A letter from the Secretary, Department of Defense, 
     transmitting a letter providing notification that the Navy 
     intends to implement policy changes to support a phased 
     approach to the assignment of women to submarines; to the 
     Committee on Armed Services.
       6515. A letter from the Assistant Secretary, Department of 
     Defense, transmitting the Department's annual report for 
     fiscal year 2006 on the quality of health care furnished 
     under the health care programs of the Department of Defense, 
     pursuant to Section 723 of the National Defense Authorization 
     Act for Fiscal Year 2000; to the Committee on Armed Services.
       6516. A letter from the Chief Counsel, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Final Flood Elevation Determinations [Docket ID: FEMA-
     2008-0020] received February 17, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Financial Services.
       6517. A letter from the Regulatory Specialist, LRAD, 
     Department of the Treasury, transmitting the Department's 
     ``Major'' final rule -- Risk-Based Capital Guidelines; 
     Capital Adequacy Guidelines; Capital Maintenance: Regulatory 
     Capital; Impact of

[[Page 3177]]

     Modifications to Generally Accepted Accounting Principles; 
     Consolidation of Asset-Backed Commercial Paper Programs; and 
     Other Related Issues [Docket ID: OCC-2009-0020] (RIN: 1557-
     AD26) received March 4, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Financial Services.
       6518. A letter from the Chairman and President, Export-
     Import Bank, transmitting a report on transactions involving 
     U.S. exports to the Republic of Korea pursuant to Section 
     2(b)(3) of the Export-Import Bank Act of 1945, as amended; to 
     the Committee on Financial Services.
       6519. A letter from the Secretary, Securities and Exchange 
     Commission, transmitting the Commission's ``Major'' final 
     rule -- Money Market Fund Reform [Release No. IC-29132; File 
     Nos. S7-11-09, S7-20-09] (RIN: 3235-AK33) March 4, 2010, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Financial Services.
       6520. A letter from the Special Inspector General For The 
     Troubled Asset Relief Program, transmitting the Office's 
     quarterly report on the actions undertaken by the Department 
     of the Treasury under the Troubled Asset Relief Program, the 
     activities of SIGTARP, and SIGTARP'S recommendations with 
     respect to operations of TARP, for the period ending January 
     30, 2010; to the Committee on Financial Services.
       6521. A letter from the Assistant General Counsel for 
     Regulatory Services, Department of Education, transmitting 
     the Department's ``Major'' final rule -- Investing in 
     Innovation Fund [Docket ID: ED-2009-OII-0012] (RIN: 1855-
     AA06) received March 8, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Education and Labor.
       6522. A letter from the Director, Office of Workers' 
     Compensation Programs, Department of Labor, transmitting the 
     Department's ``Major'' final rule -- Claims for Compensation; 
     Death Gratuity Under the Federal Employees' Compensation Act 
     (RIN: 1215-AB66) received March 4, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Education and Labor.
       6523. A letter from the Assistant General Counsel for 
     Regulatory Affairs, Consumer Product Safety Commission, 
     transmitting the Commission's final rule -- Children's 
     Products Containing Lead; Exemptions for Certain Electronic 
     Devices received February 22, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       6524. A letter from the Assistant General Counsel, Consumer 
     Product Safety Commission, transmitting the Commission's 
     final rule -- Guidelines and Requirements for Mandatory 
     Recall Notices received February 22, 2010, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
       6525. A letter from the Assistant Secretary for 
     Communications and Information, Department of Commerce, 
     transmitting the Department's ``Major'' final rule -- 
     Broadband Technology Opportunities Programs [Docket No.: 
     0907141137-0024-06] (RIN: 0660-AZ28) received February 19, 
     2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Energy and Commerce.
       6526. A letter from the Assistant Secretary, Legislative 
     Affairs, Department of State, transmitting the Department's 
     Alternative Fuel Vehicle program report for FY 2009, pursuant 
     to Public Law 109-58; to the Committee on Energy and 
     Commerce.
       6527. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Approval and Promulgation of Air 
     Quality Implementation Plans; Virginia; Opacity Source 
     Surveillance Methods [EPA-R03-OAR-2010-0009; FRL-9115-9] 
     received February 19, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       6528. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Approval and Promulgation of Air 
     Quality Implementation Plans; Virginia Revisions to the 
     Definition of Volatile Organic Compound and Other Terms [EPA-
     R03-OAR-2009-0871; FRL-9116-1] received February 19, 2010, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy 
     and Commerce.
       6529. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Approval and Promulgation of Air 
     Quality Implementation Plans; Indiana; Volatile Organic 
     Compound Emission Control Measures for Lake and Porter 
     Counties in Indiana [EPA-R05-OAR-2009-0704; FRL-9107-2] 
     received February 19, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       6530. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- National Emission Standards for 
     Hazardous Air Pollutants for Reciprocating Internal 
     Combustion Engines [EPA-HQ-OAR-2008-0708, FRL-9115-7] (RIN: 
     2060-AP36) received February 19, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       6531. A letter from the Director, Defense Security 
     Cooperation Agency, transmitting a report in accordance with 
     Section 25(a)(6) of the Arms Export Control Act; to the 
     Committee on Foreign Affairs.
       6532. A letter from the Deputy Assistant Secretary For 
     Export Administration, Department of Commerce, transmitting 
     the Department's final rule -- Addition of Certain Persons to 
     the Entity List: Addition of Persons Acting Contrary to the 
     National Security or Foreign Policy Interests of the United 
     States [Docket No.: 100115025-0032-01] (RIN: 0694-AE84) 
     received February 22, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Foreign Affairs.
       6533. A letter from the Deputy Assistant Secretary For 
     Export Administration, Department of Commerce, transmitting 
     the Department's final rule -- Amendments to the Select 
     Agents Controls in Export Control Classificaton Number (ECCN) 
     1C360 on the Commerce Control List (CCL); Correction to ECCN 
     1E998 [Docket No.: 0907241163-91434-01] (RIN: 0694-AE67) 
     received February 22, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Foreign Affairs.
       6534. A letter from the Associate Director, PP&I, 
     Department of the Treasury, transmitting the Department's 
     final rule -- Belarus Sanctions Regulations received February 
     1, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Foreign Affairs.
       6535. A letter from the Associate Director for Human 
     Resources, Court Services and Offender Supervision Agency for 
     the District of Columbia, transmitting report on the use of 
     the Category Rating System for the period September 2008 
     through August 2009; to the Committee on Oversight and 
     Government Reform.
       6536. A letter from the Associate General Counsel for 
     General Law, Department of Homeland Security, transmitting a 
     report pursuant to the Federal Vacancies Reform Act of 1998; 
     to the Committee on Oversight and Government Reform.
       6537. A letter from the Senior Vice President and Chief 
     Financial Officer, Export-Import Bank, transmitting the 
     Bank's annual report for fiscal year 2009; to the Committee 
     on Oversight and Government Reform.
       6538. A letter from the General Counsel, Department of 
     Commerce, transmitting draft legislation that make certain 
     technical and conforming amendments to trademark and patent 
     law as well as other needed changes; to the Committee on the 
     Judiciary.
       6539. A letter from the Chief, Publications and 
     Regulations, Internal Revenue Service, transmitting the 
     Service's final rule -- Interim Final Rules under the Paul 
     Wellstone and Pete Domenici Mental Health Parity and 
     Addiction Equity Act of 2008 [TD 9479] (RIN: 1545-BJ05) 
     received February 15, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Ways and Means.
       6540. A letter from the Deputy Associate Commissioner, 
     Social Security Administration, transmitting the 
     Administration's final rule -- Transfer of Accumulated 
     Benefit Payments [Docket No.: SSA-2009-0067] (RIN: 0960-AH08) 
     received February 17, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Ways and Means.
       6541. A letter from the Chairman, Federal Election 
     Commission, transmitting the Commission's FY 2011 budget 
     request, pursuant to 2 U.S.C. 437d(d)(1); jointly to the 
     Committees on House Administration, Appropriations, and 
     Oversight and Government Reform.
       6542. A letter from the Administrator, FEMA, Department of 
     Homeland Security, transmitting the Department's report on 
     the Preliminary Damage Assessment information on FEMA-1865-DR 
     for the State of Alaska; jointly to the Committees on 
     Transportation and Infrastructure, Appropriations, and 
     Homeland Security.
       6543. A letter from the Administrator, FEMA, Department of 
     Homeland Security, transmitting the Department's report on 
     the Preliminary Damage Assessment information on FEMA-1867-DR 
     for the State of New Jersey; jointly to the Committees on 
     Transportation and Infrastructure, Appropriations, and 
     Homeland Security.
       6544. A letter from the Administrator, FEMA, Department of 
     Homeland Security, transmitting the Department's report on 
     the Preliminary Damage Assessment information on FEMA-1868-DR 
     for the State of Kansas; jointly to the Committees on 
     Transportation and Infrastructure, Appropriations, and 
     Homeland Security.
       6545. A letter from the Administrator, FEMA, Department of 
     Homeland Security, transmitting the Department's report on 
     the Preliminary Damage Assessment information on FEMA-1864-DR 
     for the State of Nebraska; jointly to the Committees on 
     Transportation and Infrastructure, Appropriations, and 
     Homeland Security.
       6546. A letter from the Administrator, FEMA, Department of 
     Homeland Security, transmitting the Department's report on 
     the Preliminary Damage Assessment information on FEMA-1870-DR 
     for the State of Alabama; jointly to the Committees on 
     Transportation and Infrastructure, Homeland Security, and 
     Appropriations.
       6547. A letter from the Administrator, FEMA, Department of 
     Homeland Security, transmitting the Department's report on 
     the Preliminary Damage Assessment information on FEMA-1869-DR 
     for the State of New York; jointly to the Committees on 
     Transportation and Infrastructure, Appropriations, and 
     Homeland Security.

[[Page 3178]]


       6548. A letter from the Administrator, FEMA, Department of 
     Homeland Security, transmitting the Department's report on 
     the Preliminary Damage Assessment information on FEMA-1866-DR 
     for the State of Alabama; jointly to the Committees on 
     Transportation and Infrastructure, Appropriations, and 
     Homeland Security.

                          ____________________




         REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as 
follows:

       Mr. TOWNS: Committee on Oversight and Government Reform. 
     H.R. 4098. A bill to require the Director of the Office of 
     Management and Budget to issue guidance on the use of peer-
     of-peer file sharing software to prohibit the personal use of 
     such software by Government employees, and for other purposes 
     (Rept. 111-431). Referred to the Committee of the Whole House 
     on the State of the Union.
       Mr. TOWNS: Committee on Oversight and Government Reform. 
     H.R. 946. A bill to enhance citizen access to Government 
     information and services by establishing that Government 
     documents issued to the public must be written clearly, and 
     for other purposes; with an amendment (Rept. 111-432). 
     Referred to the Committee of the Whole House on the State of 
     the Union.
       Mr. RAHALL: Committee on Natural Resources. H.R. 4252. A 
     bill to direct the Secretary of the Interior to conduct a 
     study of water resources in the Rialto-Colton Basin in the 
     State of California, and for other purposes (Rept. 111-433). 
     Referred to the Committee of the Whole House on the State of 
     the Union.
       Mr. RAHALL: Committee on Natural Resources. H.R. 1769. A 
     bill to expand the Alpine Lakes Wilderness in the State of 
     Washington, to designate the Middle Fork Snoqualmie River and 
     Pratt River as wild and scenic rivers, and for other 
     purposes; with an amendment (Rept. 111-434). Referred to the 
     Committee of the Whole House on the State of the Union.
       Mr. RAHALL: Committee on Natural Resources. H.R. 2788. A 
     bill to designate a Distinguished Flying Cross National 
     Memorial at the March Field Air Museum in Riverside, 
     California (Rept. 111-435). Referred to the Committee of the 
     Whole House on the State of the Union.
       Mr. RAHALL: Committee on Natural Resources. H.R. 4003. A 
     bill to direct the Secretary of the Interior to conduct a 
     special resource study to evaluate resources in the Hudson 
     River Valley in the State of New York to determine the 
     suitability and feasibility of establishing the site as a 
     unit of the National Park System, and for other purposes; 
     with an amendment (Rept. 111-436). Referred to the Committee 
     of the Whole House on the State of the Union.
       Mr. RAHALL: Committee on Natural Resources. H.R. 4192. A 
     bill to designate the Stornetta Public Lands as an 
     Outstanding Natural Area to be administered as a part of the 
     National Landscape Conservation System, and for other 
     purposes; with an amendment (Rept. 111-437). Referred to the 
     Committee of the Whole House on the State of the Union.
       Mr. RAHALL: Committee on Natural Resources. H.R. 4395. A 
     bill to revise the boundaries of the Gettysburg National 
     Military Park to include the Gettysburg Train Station, and 
     for other purposes; with an amendment (Rept. 111-438). 
     Referred to the Committee of the Whole House on the State of 
     the Union.
       Ms. PINGREE of Maine: Committee on Rules. House Resolution 
     1168. A resolution providing for consideration of the bill 
     (H.R. 3650) to establish a National Harmful Algal Bloom and 
     Hypoxia Program, to develop and coordinate a comprehensive 
     and integrated strategy to address harmful algal blooms and 
     hypoxia, and to provide for the development and 
     implementation of comprehensive regional action plans to 
     reduce harmful algal blooms and hypoxia. (Rept. 111-439). 
     Referred to the House Calendar.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII, public bills and resolutions of the 
following titles were introduced and severally referred, as follows:

           By Mr. NADLER of New York (for himself and Mr. 
             Conyers):
       H.R. 4820. A bill to amend the Fair Housing Act to prohibit 
     discrimination on the basis of sexual orientation and gender 
     identity, and for other purposes; to the Committee on the 
     Judiciary.
           By Mr. BURTON of Indiana:
       H.R. 4821. A bill to amend title 5, United States Code, to 
     make stillborn children eligible for optional life insurance 
     coverage; to the Committee on Oversight and Government 
     Reform.
           By Mr. CHILDERS:
       H.R. 4822. A bill to provide for the settlement of claims 
     arising from the failure of the Natural Resource Conservation 
     Service (and former Soil Conservation Service) to carry out 
     the Houlka Creek Watershed Project in Mississippi; to the 
     Committee on Agriculture.
           By Mrs. KIRKPATRICK of Arizona:
       H.R. 4823. A bill to establish the Sedona-Red Rock National 
     Scenic Area in the Coconino National Forest, Arizona, and for 
     other purposes; to the Committee on Natural Resources.
           By Mrs. KIRKPATRICK of Arizona:
       H.R. 4824. A bill to provide for the conveyance of a small 
     parcel of land in the Coconino National Forest, Arizona; to 
     the Committee on Natural Resources.
           By Mrs. KIRKPATRICK of Arizona:
       H.R. 4825. A bill to require any amounts remaining in a 
     Member's Representational Allowance at the end of a fiscal 
     year to be deposited in the Treasury and used for deficit 
     reduction or to reduce the Federal debt; to the Committee on 
     House Administration.
           By Mr. FOSTER:
       H.R. 4826. A bill to promote neighborhood stabilization by 
     incentivizing short sales, as a preferable alternative to 
     foreclosure, through the Internal Revenue Code of 1986; to 
     the Committee on Ways and Means, and in addition to the 
     Committee on Financial Services, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. CALVERT (for himself, Mr. Lewis of California, 
             Mr. Baca, and Mrs. Bono Mack):
       H.R. 4827. A bill to provide for the conveyance of a small 
     parcel of Natural Resources Conservation Service property in 
     Riverside, California, and for other purposes; to the 
     Committee on Agriculture.
           By Mr. TOWNS:
       H.R. 4828. A bill to amend the Fair Housing Act to prohibit 
     housing discrimination on the basis of sexual orientation or 
     gender identity, to amend the Civil Rights Act of 1964 to 
     prohibit such discrimination in public accommodations and 
     public facilities, and for other purposes; to the Committee 
     on the Judiciary.
           By Ms. ESHOO (for herself, Mr. Shimkus, and Mr. Kagen):
       H.R. 4829. A bill to amend the National Telecommunications 
     and Information Administration Organization Act to enhance 
     and promote the Nation's public safety and citizen activated 
     emergency response capabilities through the use of 9-1-1 
     services, to further upgrade public safety answering point 
     capabilities and related functions in receiving 9-1-1 calls, 
     and to support in the construction and operation of a 
     ubiquitous and reliable citizen activated system; to the 
     Committee on Energy and Commerce.
           By Mr. POLIS of Colorado (for himself, Ms. Bordallo, 
             Mr. Brady of Pennsylvania, Mr. Braley of Iowa, Ms. 
             Corrine Brown of Florida, Mrs. Capps, Ms. Chu, Ms. 
             Clarke, Mr. Cohen, Mr. Conyers, Mr. Courtney, Ms. 
             DeLauro, Mr. Ellison, Mr. Filner, Ms. Fudge, Mr. Al 
             Green of Texas, Mr. Grayson, Mr. Grijalva, Mr. Hare, 
             Ms. Hirono, Mr. Johnson of Georgia, Mr. Kennedy, Ms. 
             Kilpatrick of Michigan, Mr. Langevin, Mr. Lewis of 
             Georgia, Mr. Michaud, Ms. Moore of Wisconsin, Mr. 
             Nadler of New York, Ms. Norton, Mr. Olver, Mr. 
             Perlmutter, Ms. Pingree of Maine, Ms. Richardson, Mr. 
             Sablan, Ms. Schakowsky, Ms. Schwartz, Mr. Serrano, 
             Mr. Sestak, Ms. Sutton, Ms. Titus, Mr. Tonko, and Ms. 
             Woolsey):
       H.R. 4830. A bill to promote the economic self-sufficiency 
     of low-income women through their increased participation in 
     high-wage, high-demand occupations where they currently 
     represent 25 percent or less of the workforce; to the 
     Committee on Education and Labor.
           By Mr. GINGREY of Georgia:
       H.R. 4831. A bill to amend the Congressional Budget Act of 
     1974 to set a cap on allocated funds for earmarks; to the 
     Committee on Rules, and in addition to the Committee on the 
     Budget, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. HONDA (for himself, Ms. Velazquez, Mr. 
             Pierluisi, Mr. Sablan, Mr. Grijalva, Mr. Heinrich, 
             Ms. Chu, Mr. Price of North Carolina, Ms. Richardson, 
             Mr. Hinojosa, and Mr. Al Green of Texas):
       H.R. 4832. A bill to amend title 5, United States Code, to 
     provide that premium pay be paid to Federal employees whose 
     official duties require the use of one or more languages 
     besides English; to the Committee on Oversight and Government 
     Reform.
           By Mr. PIERLUISI (for himself, Mr. Andrews, Mr. Baca, 
             Ms. Bordallo, Mr. Farr, Mr. Grayson, Mr. Gene Green 
             of Texas, Mr. Grijalva, Mr. Gutierrez, Mr. Honda, Ms. 
             Kosmas, Mrs. Napolitano, Mr. Reyes, Mr. Rodriguez, 
             and Mr. Sires):
       H.R. 4833. A bill to authorize the Secretary of Education 
     to make grants to local educational agencies to carry out 
     teacher exchanges; to the Committee on Education and Labor.
           By Mr. SCHAUER:
       H.R. 4834. A bill to amend section 493C of the Higher 
     Education Act of 1965 to limit

[[Page 3179]]

     student loan payments to 10 percent of discretionary income, 
     and for other purposes; to the Committee on Education and 
     Labor.
           By Mr. McGOVERN (for himself and Mr. Berman):
       H. Con. Res. 251. Concurrent resolution recognizing the 
     life of Orlando Zapata Tamayo, who died on February 23, 2010, 
     in the custody of the Government of Cuba, and calling for a 
     continued focus on the promotion of internationally 
     recognized human rights, listed in the Universal Declaration 
     of Human Rights, in Cuba; to the Committee on Foreign 
     Affairs.
           By Ms. ROS-LEHTINEN (for herself, Mr. Mario Diaz-Balart 
             of Florida, Mr. Lincoln Diaz-Balart of Florida, Mr. 
             Burton of Indiana, Mr. Tiahrt, Mr. McCotter, Mr. 
             Wolf, Mr. Sires, Mr. Mack, Ms. Wasserman Schultz, and 
             Mr. Meek of Florida):
       H. Con. Res. 252. Concurrent resolution recognizing the 
     life of Orlando Zapata Tamayo, who died on February 23, 2010, 
     in the custody of the Government of Cuba, and calling for a 
     continued focus on the promotion of internationally 
     recognized human rights, listed in the Universal Declaration 
     of Human Rights, in Cuba; to the Committee on Foreign 
     Affairs.
           By Ms. ROYBAL-ALLARD (for herself and Mr. McGovern):
       H. Res. 1162. A resolution recognizing National Public 
     Health Week; to the Committee on Energy and Commerce.
           By Mrs. McMORRIS RODGERS:
       H. Res. 1163. A resolution recognizing Washington State 
     University Honors College for 50 years of excellence; to the 
     Committee on Education and Labor.
           By Mr. BOEHNER:
       H. Res. 1164. A resolution raising a question of the 
     privileges of the House; to the Committee on Standards of 
     Official Conduct.
           By Mr. SCHIFF:
       H. Res. 1165. A resolution appointing and authorizing 
     managers for the impeachment of G. Thomas Porteous, Jr., a 
     Judge for the United States District Court for the Eastern 
     District of Louisiana; considered and agreed to.
           By Mr. OWENS:
       H. Res. 1166. A resolution directing the Clerk of the House 
     of Representatives to establish and implement a process under 
     which members of the public may view the proceedings of the 
     House and the committees of the House online; to the 
     Committee on House Administration.
           By Ms. SHEA-PORTER:
       H. Res. 1167. A resolution expressing the support of the 
     House of Representatives for the goals and ideals of 
     Professional Social Work Month and World Social Work Day; to 
     the Committee on Education and Labor.
           By Mr. GRAYSON (for himself, Ms. Kosmas, Ms. Corrine 
             Brown of Florida, Mr. Mica, Ms. Wasserman Schultz, 
             Mr. Conyers, and Ms. Moore of Wisconsin):
       H. Res. 1169. A resolution honoring the 125th anniversary 
     of Rollins College; to the Committee on Education and Labor.
           By Mr. HUNTER:
       H. Res. 1170. A resolution congratulating the winners of 
     the Voice of Democracy national scholarship program; to the 
     Committee on Education and Labor.
           By Mrs. McCARTHY of New York (for herself, Mr. 
             Kanjorski, Mr. Maffei, Mr. Carney, Mr. Brown of South 
             Carolina, Mr. Hall of New York, Mr. Doyle, Mr. 
             Connolly of Virginia, Mr. Holden, and Mr. McGovern):
       H. Res. 1171. A resolution expressing support for the 
     designation of March 2010 as Irish American Heritage Month 
     and honoring the significance of Irish Americans in the 
     history and progress of the United States; to the Committee 
     on Oversight and Government Reform.
           By Mr. SCHAUER:
       H. Res. 1172. A resolution recognizing the life and 
     achievements of Will Keith Kellogg; to the Committee on 
     Oversight and Government Reform.
           By Mr. WELCH:
       H. Res. 1173. A resolution recognizing the 100th 
     anniversary of the Vermont Long Trail, the oldest long-
     distance hiking trail in the United States, and 
     congratulating the Green Mountain Club for its century of 
     dedication in developing and maintaining the trail; to the 
     Committee on Natural Resources.
           By Ms. WOOLSEY (for herself, Ms. Clarke, Ms. Fudge, Ms. 
             Watson, Mr. Olver, Ms. Lee of California, Ms. 
             Richardson, Ms. Norton, Ms. Roybal-Allard, Ms. 
             Speier, Mr. Grijalva, Mr. Sires, Mrs. Maloney, Mr. 
             Ortiz, Mr. Teague, Mr. Kennedy, Ms. Bordallo, Mr. Al 
             Green of Texas, Ms. Matsui, Mr. Smith of Washington, 
             Mr. Hinchey, Ms. Harman, Ms. Moore of Wisconsin, Mr. 
             Langevin, Ms. Shea-Porter, Mr. Andrews, Mr. Ellison, 
             Mr. Berman, Mr. Wu, Ms. Wasserman Schultz, Mrs. 
             Capps, Mr. Wilson of Ohio, Mr. Holt, Mr. Hinojosa, 
             Mr. Inslee, Mrs. Dahlkemper, Mr. Kanjorski, Mr. 
             McDermott, Ms. Hirono, Ms. Eddie Bernice Johnson of 
             Texas, Ms. Kaptur, Ms. Kilpatrick of Michigan, Ms. 
             Zoe Lofgren of California, Ms. McCollum, Mr. Grayson, 
             Mr. Becerra, Ms. Baldwin, Ms. Berkley, Mr. 
             Blumenauer, Mr. Cardoza, Mr. Cohen, Mr. Clyburn, Mrs. 
             Davis of California, Ms. DeLauro, Ms. Edwards of 
             Maryland, Mr. Engel, Ms. Loretta Sanchez of 
             California, Ms. Titus, Mr. Pascrell, Mr. Pastor of 
             Arizona, Mr. Rush, Mr. Rahall, Mr. Snyder, Mr. Stark, 
             Mr. Tanner, Mr. Tierney, Mr. Baca, Mr. Nunes, Ms. 
             Schakowsky, Ms. Kilroy, and Mr. Davis of Tennessee):
       H. Res. 1174. A resolution supporting the goals and ideals 
     of National Women's History Month; to the Committee on 
     Oversight and Government Reform.

                          ____________________




                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 24: Ms. Eddie Bernice Johnson of Texas, Mr. Yarmuth, 
     Mr. Oberstar, Mr. Hall of New York, Mr. Waxman, and Mr. 
     Driehaus.
       H.R. 197: Mr. Taylor.
       H.R. 211: Ms. Moore of Wisconsin.
       H.R. 484: Mr. Arcuri.
       H.R. 537: Ms. Bean, Mr. Moran of Virginia, and Ms. 
     Schwartz.
       H.R. 690: Ms. Matsui.
       H.R. 708: Mr. Upton and Mr. Pence.
       H.R. 1077: Mr. Kagen.
       H.R. 1132: Mr. Olson.
       H.R. 1177: Mr. McNerney, Ms. Corrine Brown of Florida, Mr. 
     Capuano, Mr. Carnahan, Mr. DeFazio, Ms. DeGette, Ms. Eshoo, 
     Mr. Larson of Connecticut, Ms. Matsui, Mr. Reyes, Mr. Taylor, 
     and Mr. Courtney.
       H.R. 1301: Mr. Costello.
       H.R. 1352: Mrs. Bachmann and Ms. Kilroy.
       H.R. 1522: Mr. Boucher and Ms. Shea-Porter.
       H.R. 1628: Mr. Coffman of Colorado.
       H.R. 1908: Mrs. Capito.
       H.R. 2159: Mr. Sestak.
       H.R. 2421: Ms. Giffords, Mr. Himes, Mr. Holden, Mr. 
     Kanjorski, Ms. Kilroy, Mr. Meek of Florida, Mr. Melancon, Mr. 
     Ross, Ms. Linda T. Sanchez of California, Mr. Spratt, and Mr. 
     Stupak.
       H.R. 2443: Mr. Oberstar.
       H.R. 2446: Mr. Rehberg.
       H.R. 2478: Mr. Mitchell.
       H.R. 2584: Mr. Lewis of Georgia.
       H.R. 2783: Ms. Shea-Porter.
       H.R. 2807: Mr. Grijalva.
       H.R. 2999: Mr. Neal of Massachusetts and Mr. Bishop of 
     Georgia.
       H.R. 3024: Mr. Kildee.
       H.R. 3054: Ms. Zoe Lofgren of California.
       H.R. 3101: Mr. Engel.
       H.R. 3189: Mr. McCotter.
       H.R. 3202: Mr. Filner.
       H.R. 3208: Mr. Owens.
       H.R. 3286: Mr. Ross, Mrs. McCarthy of New York, Mr. Bishop 
     of New York, Mr. Davis of Illinois, Mr. Ackerman, Mr. Rangel, 
     Mr. Kissell, Mrs. Emerson, Mr. Andrews, and Mr. Ellison.
       H.R. 3287: Ms. Hirono.
       H.R. 3393: Ms. Herseth Sandlin, Mr. Shuler, and Mr. 
     Cardoza.
       H.R. 3413: Mr. Wilson of Ohio.
       H.R. 3464: Mr. Sestak, Mr. Moore of Kansas, Mr. Turner, and 
     Mr. Doggett.
       H.R. 3564: Mr. Garamendi and Mr. Filner.
       H.R. 3650: Mr. Garamendi.
       H.R. 3655: Ms. Eddie Bernice Johnson of Texas.
       H.R. 3656: Mr. Michaud and Ms. Norton.
       H.R. 3731: Ms. Wasserman Schultz.
       H.R. 3790: Mr. Quigley, Mr. Miller of Florida, and Mr. 
     DeFazio.
       H.R. 3828: Mr. Souder.
       H.R. 3904: Mr. Waxman.
       H.R. 3943: Mr. Putnam.
       H.R. 3976: Mr. Buyer and Mr. Teague.
       H.R. 4021: Mr. Doyle, Ms. Hirono, and Mr. Van Hollen.
       H.R. 4051: Mr. McGovern, Ms. Jackson Lee of Texas, and Mr. 
     Latham.
       H.R. 4065: Mr. Polis of Colorado.
       H.R. 4222: Mr. Wittman and Mr. Kagen.
       H.R. 4244: Mr. Kagen.
       H.R. 4278: Mr. Barrow.
       H.R. 4320: Mr. LaTourette and Mr. Kind.
       H.R. 4390: Mr. Foster.
       H.R. 4396: Mr. Peterson, Mr. Barrow, and Mr. Souder.
       H.R. 4400: Mr. Bishop of Georgia.
       H.R. 4410: Mr. Buyer, Mr. Poe of Texas, Mr. Souder, and Mr. 
     Schrader.
       H.R. 4415: Mr. Cantor.
       H.R. 4473: Mr. Kissell and Mrs. Dahlkemper.
       H.R. 4489: Mr. Clay, Ms. Norton, Mr. Kucinich, and Mr. 
     Weiner.
       H.R. 4490: Mrs. Capito.
       H.R. 4494: Mr. Johnson of Illinois and Mr. Lipinski.
       H.R. 4502: Mr. Sestak and Mr. Ellison.
       H.R. 4522: Mr. Kildee.
       H.R. 4553: Mr. Kagen.
       H.R. 4563: Mr. Hastings of Florida.
       H.R. 4587: Mr. Lamborn.
       H.R. 4594: Mr. Jackson of Illinois, Mr. Peterson, Ms. Linda 
     T. Sanchez of California, and Ms. Kilroy.
       H.R. 4597: Mr. Hinchey.
       H.R. 4599: Mr. Hare.
       H.R. 4607: Mr. Sestak.
       H.R. 4614: Ms. Kosmas.

[[Page 3180]]


       H.R. 4629: Mr. Rush.
       H.R. 4689: Mr. Ross, Mr. Neal of Massachusetts, Mrs. 
     McCarthy of New York, Mr. Bishop of New York, Mr. Davis of 
     Illinois, Mr. Ackerman, Mr. Paulsen, Mr. Burgess, Mr. 
     Kissell, Mr. Spratt, Mrs. Emerson, Mr. Ryan of Ohio, Mr. 
     Andrews, and Mr. Ellison.
       H.R. 4692: Mr. Murphy of Connecticut.
       H.R. 4703: Mr. Nunes.
       H.R. 4710: Ms. Baldwin and Mr. Pallone.
       H.R. 4722: Mr. Kagen, Mr. Doyle, Ms. Lee of California, and 
     Mr. Van Hollen.
       H.R. 4745: Mr. Berry, Mr. Davis of Tennessee, and Mr. 
     Garamendi.
       H.R. 4755: Mr. LaTourette.
       H.R. 4758: Mr. Lamborn.
       H.R. 4761: Mr. Childers.
       H.R. 4780: Mr. Tiahrt, Mr. Kline of Minnesota, Mr. Bachus, 
     and Mr. Conaway.
       H.R. 4787: Mr. Boren.
       H.R. 4788: Mr. Garamendi, Ms. Corrine Brown of Florida, 
     Mrs. Miller of Michigan, and Mr. Loebsack.
       H.R. 4789: Mr. Lewis of Georgia, Mr. Weiner, Mr. Nadler of 
     New York, Ms. Velazquez, Mr. Ellison, Ms. Loretta Sanchez of 
     California, Mr. Johnson of Georgia, Ms. Waters, Mr. 
     Gutierrez, Ms. Woolsey, Ms. Kaptur, Mr. Rangel, Mr. Kennedy, 
     Mr. Grijalva, Mr. Olver, Mr. Jackson of Illinois, Ms. Corrine 
     Brown of Florida, Ms. Eddie Bernice Johnson of Texas, Ms. 
     Fudge, Mr. Davis of Illinois, Mr. Pierluisi, Mrs. Napolitano, 
     Mr. Hastings of Florida, Mr. Hall of New York, Ms. Berkley, 
     Mr. Conyers, Mr. McGovern, Mr. Hare, Ms. Sutton, Mr. 
     McDermott, Mr. Sablan, Mr. Hinchey, Mrs. Maloney, Ms. Lee of 
     California, Mr. Cummings, Mr. Meeks of New York, Mr. Towns, 
     Mr. Al Green of Texas, Mr. Wu, and Mr. Holt.
       H.R. 4806: Ms. Moore of Wisconsin.
       H.R. 4812: Ms. Lee of California, Ms. Linda T. Sanchez of 
     California, and Mr. Fattah.
       H.J. Res. 77: Mr. Tiahrt, Mr. Posey, Mr. Tiberi, Mr. 
     Duncan, Mr. Coffman of Colorado, Mr. Platts, and Mr. Wamp.
       H.J. Res. 80: Mr. McNerney and Mr. Cummings.
       H. Con. Res. 240: Mr. Payne, Mr. Carnahan, Mr. Holt, Mr. 
     Buchanan, and Mr. Sestak.
       H. Res. 173: Mr. Sires.
       H. Res. 267: Mr. McCarthy of California.
       H. Res. 276: Mr. Ryan of Wisconsin.
       H. Res. 614: Mr. Burton of Indiana.
       H. Res. 763: Mr. Conaway.
       H. Res. 796: Mr. Rehberg.
       H. Res. 886: Mr. Sestak and Mr. Kagen.
       H. Res. 989: Mr. Sestak and Ms. Castor of Florida.
       H. Res. 992: Mr. McCotter.
       H. Res. 1053: Ms. Lee of California, Mr. Stupak, Mr. Doyle, 
     and Ms. Kilroy.
       H. Res. 1060: Mr. Marchant.
       H. Res. 1063: Mr. Olson.
       H. Res. 1064: Mr. Markey of Massachusetts, Mr. Miller of 
     North Carolina, and Ms. DeLauro.
       H. Res. 1075: Mr. Costello.
       H. Res. 1103: Mr. Gonzalez, Mr. Shuster, and Mrs. 
     Blackburn.
       H. Res. 1129: Mr. Duncan.
       H. Res. 1145: Mr. Wilson of Ohio, Mr. Peters, and Mr. 
     Pastor of Arizona.
       H. Res. 1155: Mr. Ackerman, Ms. Berkley, Mr. Bishop of 
     Georgia, Mr. McMahon, Mr. Murphy of Connecticut, Mr. Rangel, 
     Mr. Hall of New York, Mr. Sires, Mr. Hinchey, Mr. Towns, Mr. 
     Meeks of New York, Ms. Clarke, Mr. Davis of Illinois, Ms. 
     Jackson Lee of Texas, and Mr. Kind.
       H. Res. 1161: Mr. Grayson.
       
       


[[Page 3181]]

                    SENATE--Thursday, March 11, 2010

  The Senate met at 9:30 a.m. and was called to order by the Honorable 
Kirsten E. Gillibrand, a Senator from the State of New York.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  Lord of life, we praise and magnify Your Name. Forgive us when we 
give less and expect more. Teach our lawmakers to give to You their 
best, so that they may receive from You beyond their dreams. May they 
prepare for the decisions of this day by opening their minds to the 
inflow of Your Spirit. In all their getting, guide them to seek 
understanding. Make them fruitful, always reaping a harvest that 
glorifies You. Lord, give light to all who are in darkness, and lift us 
by Your mercy.
  We pray in Your loving Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Kirsten E. Gillibrand led the Pledge of Allegiance, as 
follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Byrd).
  The bill clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                   Washington, DC, March 11, 2010.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Kirsten E. Gillibrand, a Senator from the State of New York, 
     to perform the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mrs. GILLIBRAND thereupon assumed the chair as Acting President pro 
tempore.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The ACTING PRESIDENT pro tempore. The majority leader is recognized.

                          ____________________




                                SCHEDULE

  Mr. REID. Madam President, following leader remarks, there will be a 
period of morning business for an hour, with Senators allowed to speak 
for 10 minutes each during that period of time. Following that morning 
business, we will resume consideration of the Federal Aviation 
Administration reauthorization legislation. We have two amendments 
pending: the Sessions amendment and the Lieberman amendment. Votes are 
expected to occur throughout the day. Senators will be notified when 
any votes are scheduled.

                          ____________________




                   RECOGNITION OF THE MINORITY LEADER

  The ACTING PRESIDENT pro tempore. The Republican leader is 
recognized.

                          ____________________




                              HEALTH CARE

  Mr. McCONNELL. Madam President, as Democratic leaders in Congress 
continue to insist that we are at some make-or-break moment in the 
health care debate, and that for some reason we need to pass a bill 
that raises taxes, raises premiums, and cuts Medicare, I would like to 
call attention to a notice we received just yesterday from the 
Congressional Budget Office informing us that they plan to issue a cost 
estimate today for the Senate-passed health care bill.
  In other words, sometime today the CBO will release its final cost 
estimate on the health spending bill the majority passed on Christmas 
Eve. This is March 11. We passed that bill on Christmas Eve. We are now 
getting a cost estimate from the Congressional Budget Office.
  So our friends on the other side--every single one of them--voted for 
this enormous bill, a bill affecting the cost and quality of health 
care for every single man, woman, and child in America without knowing 
the full cost to the taxpayers.
  Well, excuse me for noting the obvious, but this is no way to 
legislate on an issue of this importance. Month after month, we were 
told it was urgent to pass that bill--so urgent, apparently, that 
Democrats in Congress could not even wait to find out the effect the 
bill would have on the cost to the American people.
  Now we are being told the same thing. Democratic leaders are telling 
their members they have to vote on this latest version of the same bill 
by Easter--the latest version of the same bill by Easter. When are we 
going to find out how much that one costs, Columbus Day?
  Americans are not in any rush to pass this or any other 2,700-page 
bill that poses as reform but actually raises the cost of health care. 
Members of Congress should not be deceived by these theatrical attempts 
to create a sense of urgency about this legislation. The least that 
lawmakers can do is find out how much these bills will cost the 
taxpayers before they schedule a vote. They cannot have it both ways. 
They cannot say they are concerned about how much these bills cost and 
not even ask to see the pricetag.
  The fact is, anybody who even considers voting for these health 
spending bills does not have lower costs as a priority because we know 
these bills are going to drive costs up, not down.

                          ____________________




                       HONORING OUR ARMED FORCES


                 Lance Corporal Jonathan B. Thornsberry

  Mr. McCONNELL. Madam President, I rise today to pay tribute to a 
young man from McDowell, KY, who bravely served his country. LCpl 
Jonathan B. Thornsberry was tragically killed during combat operations 
in Iraq back on October 25, 2006. He was 22 years old. He left behind a 
family and friends who love him and remember that today, March 11, is 
his birthday.
  For his heroic service with the U.S. Marines, Lance Corporal 
Thornsberry received several medals, awards, and decorations, including 
the National Defense Service Medal and the Purple Heart.
  The man called ``Jon-Jon'' by family and friends was following a 
family tradition when he elected to wear America's uniform. His 
brother, father, and grandfather all served in the military.
  ``It was just something he wanted to do,'' Jonathan's brother Jeff 
recalls of why Jonathan signed up. ``It was a decision he made.'' 
Jonathan's parents, Jackie and Judy, remember their son saying, ``We 
have to go over there. If we don't go over there, they will be here.''
  Jonathan grew up in Floyd County where he attended McDowell 
Elementary School and South Floyd High School. He played catcher on his 
high school baseball team. Everybody remembers how good he was, and 
South Floyd High has retired his old No. 13 in his memory.
  The name of the McDowell Elementary School's sports team is the 
Daredevils. Jonathan certainly fit that description growing up, as he 
liked to play in the mountains, go four-wheeling, and go hunting. This 
is not to say he did not have any sense of responsibility.
  Once when he was just 4 or 5 years old, Jonathan and his father were 
hunting when they climbed too high on a

[[Page 3182]]

mountain. ``We need to go down. Mommy will be worried about us,'' 
Jonathan said.
  Jonathan was very close to his father, and the two of them worked 
together in the coal mines before Jonathan joined the Marines. Jonathan 
was also a father himself. He and his wife Toni Renee have a daughter, 
Haylee Jo. Haylee Jo recently turned 5 years old, and she likes to tell 
people she has her daddy's green eyes.
  Jonathan was also close to his aunt, Edia Hamilton, better known in 
the family as Aunt Edia Girl. She would always buy candy for her 
favorite nephew even though she was on a fixed income.
  Jonathan graduated from South Floyd High School in 2002, and after 
working alongside his father in the coal mines enlisted in the Marines 
in January 2004. He was assigned to the Marine Forces Reserve's 3rd 
Battalion, 24th Regiment, 4th Marine Division, based out of Johnson 
City, TN.
  After training in California, Jonathan was deployed in support of 
Operation Iraqi Freedom in 2006. His family recalls he left California 
on September 26, and just 1 month later his life was tragically lost.
  A few days before his death, Jonathan called his mother Judy to wish 
her a happy birthday, but she was at the grocery store and missed his 
call. Jonathan did get to talk to his wife Toni. Toni and Judy talked 
later, and Judy remembers they shared an uneasy feeling.
  ``I could feel God all around me that morning and I should have known 
something,'' Judy says. ``I [could] feel God protecting me from the 
harshness of this.'' Later that day they received the horrible news.
  Funeral services were held at the Little Rosa Church in McDowell, 
where Jonathan's two favorite songs, ``The Old Ship of Zion'' and 
``Amazing Grace,'' were played. Tributes to him were held in Frankfort 
and back at South Floyd High School.
  Today, on Jonathan's birthday, Madam President, our thoughts are with 
the many loved ones he has left behind. We are thinking of his wife 
Toni Renee; his daughter Haylee Jo; his parents Jackie and Judy; his 
brother and sister-in-law, Jeff and Angela; his grandmother, Alice 
Moore Lawson; his nephews, Thomas and Jack; his nieces, Evelyn Grace 
and Julia Ann; his aunt, Edia Hamilton; and many more family members 
and friends.
  One year after Jonathan's death, his family, friends, and fellow 
marines gathered to remember him at a service in Pikeville City Park. 
Friends recalled him as the ``type of guy who would give you the shirt 
off his back.'' Another remembered the last time he saw Jonathan and 
what they talked about.
  His wife Toni talked about how much she had lost. ``We loved each 
other from the moment we laid eyes on each other,'' she said. Then she 
read a poem that got across how her husband was a man who did not ask 
for much.
  ``If you have a place for me, Lord, it needn't be so grand,'' she 
read.
  A place of honor will be kept in the Senate for LCpl Jonathan B. 
Thornsberry, who sacrificed everything for his country. Today, on his 
birthday, I know my colleagues will join me in paying tribute to his 
service.
  Madam President, I yield the floor.

                          ____________________




                       RESERVATION OF LEADER TIME

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
leadership time is reserved.

                          ____________________




                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will be a period for morning business for 1 hour, with Senators 
permitted to speak therein for up to 10 minutes each, with the majority 
controlling the first 30 minutes and the Republicans controlling the 
next 30 minutes.
  The Senator from Delaware.
  Mr. KAUFMAN. Madam President, I ask unanimous consent to speak for up 
to 25 minutes.
  The ACTING PRESIDENT pro tempore. Without Objection, it is so 
ordered.

                          ____________________




                           WALL STREET REFORM

  Mr. KAUFMAN. Madam President, financial regulatory reform is perhaps 
the most important legislation the Congress will address for many years 
to come. If we do not get it right, the consequences of another 
financial meltdown could be devastating.
  In the Senate, as we continue to move closer to consideration of a 
landmark bill, however, we are still far short of addressing some of 
the fundamental problems--particularly that of too big to fail--that 
caused the last crisis and already have planted the seeds for the next 
one. This is happening after months of careful deliberation and 
negotiations and just a year and a half after the virtual meltdown of 
our entire financial system.
  Following the Great Depression, the Congress built a legal and 
regulatory edifice that endured for decades. One of its cornerstones 
was the Glass-Steagall Act, which established a firewall between 
commercial and investment banking activities. Another was the federally 
guaranteed insurance fund to back up bank deposits. There were other 
rules imposed on investors and designed to tamp down on rampant 
speculation--Federal rules such as margin requirements and the uptick 
rule for short selling.
  That edifice worked well to ensure financial stability for decades. 
But in the past thirty years, the financial industry, like so many 
others, went through a process of deregulation. Bit by bit, many of the 
protections and standards put in place by the New Deal were 
methodically removed. And while the seminal moment came in 1999 with 
the repeal of Glass-Steagall, that formal rollback was primarily the 
confirmation of a lengthy process already underway.
  Indeed, after 1999, the process only accelerated. Financial 
conglomerates that combined commercial and investment banking 
consolidated, becoming more leveraged and interconnected through ever 
more complex transactions and structures, all of which made our 
financial system more vulnerable to collapse. A shadow banking industry 
grew to larger proportions than even the banking industry itself, 
virtually unshackled by any regulation. By lifting basic restraints on 
financial markets and institutions, and more importantly, failing to 
put in place new rules as complex innovations arose and became 
widespread, this deregulatory philosophy unleashed the forces that 
would cause our financial crisis.
  I start by asking a simple question: Given that deregulation caused 
the crisis, why don't we go back to the statutory and regulatory 
frameworks of the past that were proven successes in ensuring financial 
stability? This is basically a conservative question and I am a 
conservative on this issue. Why don't we go back to what has worked in 
the past?
  And what response do I hear when I raise this rather obvious 
question? That we have moved beyond the old frameworks, that the eggs 
are too scrambled, that the financial industry has become too 
sophisticated and modernized and that it was not this or that piece of 
deregulation that caused the crisis in the first place.
  Mind you, this is a financial crisis that necessitated a $2.5 
trillion bailout. And that amount includes neither the many trillions 
of dollars more that were committed as guarantees for toxic debt nor 
the de facto bailout that banks received through the Federal Reserve's 
easing of monetary policy. The crisis triggered a Great Recession that 
has thrown millions out of work, caused millions to lose their homes, 
and caused everyone to suffer in an American economy that has been 
knocked off its stride for more than 2 years.
  Given the high costs of our policy and regulatory failures, as well 
as the reckless behavior on Wall Street, why should those of us who 
propose going back to the proven statutory and regulatory ideas of the 
past bear the burden of proof? The burden of proof should be upon those 
who would only tinker at the edges of our current system of financial 
regulation. After a crisis of

[[Page 3183]]

this magnitude, it amazes me that some of our reform proposals 
effectively maintain the status quo in so many critical areas, whether 
it is allowing multitrillion-dollar financial conglomerates that house 
traditional banking and speculative activities to continue to exist and 
pose threats to our financial system, permitting banks to continue to 
determine their own capital standards, or allowing a significant 
portion of the derivatives market to remain opaque and lightly 
regulated.
  To address these problems, Congress needs to draw hard lines that 
provide fundamental systemic reforms, the very kind of protections we 
had under Glass-Steagall. We need to rebuild the wall between the 
government-guaranteed part of the financial system and those financial 
entities that remain free to take on greater risk. We need limits on 
the size of systemically significant nonbank players. And we need to 
effectively regulate the derivatives market that caused so much 
widespread financial ruin. It is my sincere hope that we don't enact 
compromise measures that give only the illusion of change and a false 
sense of accomplishment. If we do, then we will only have set in place 
the prelude to the next financial crisis.
  First, however, let us examine the origins--both obscure and well-
known--of the Great Recession of 2008. As I have already noted, the 
regulators began tearing down the walls between commercial banking and 
investment banking long before the repeal of Glass-Steagall. Through a 
series of decisions in the 1980s and 1990s, the Federal Reserve 
liberalized prudential limitations placed upon commercial banks, 
allowing them to engage in securities underwriting and trading 
activities, which had traditionally been the particular province of 
investment banks. One fateful decision in 1987 to relax Glass-Steagall 
restrictions passed over the objections of then Federal Reserve 
Chairman Paul Volcker, the man who is today leading the charge to 
restrict government-backed banks from engaging in proprietary trading 
and other speculative activities.
  With the steady erosion of these protections by the Federal Reserve, 
the repeal of Glass-Steagall had become a fait accompli even before the 
passage of the Gramm Leach Bliley Act in 1999. In effect, by passing 
GLBA, Congress was acknowledging the reality in the marketplace that 
commercial banks were already engaging in investment banking. As the 
business of finance moved from bank loans to bonds and other forms of 
capital provided by investors, commercial banks pushed the Federal 
Reserve to relax Glass-Steagall standards to allow them to underwrite 
bonds and make markets in new products like derivatives. Even before 
GLBA was passed, J.P. Morgan, Citigroup, Bank of America and their 
predecessor organizations had all become leaders in those businesses.
  If the changes in the financial marketplace that led to the repeal of 
Glass-Steagall took place over many years, the market's transformation 
after 1999 was swift and profound.
  First, there was frenzied merger activity in the banking sector, as 
financial supermarkets that had bank and nonbank franchises under the 
umbrella of a single holding company bought out smaller rivals to gain 
an ever-increasing national and international footprint. While the 
Riegle-Neal Banking Act of 1994, which established a 10 percent cap 
nationally on any particular bank's share of federally insured 
deposits, should have been a barrier for at least some of these 
mergers, regulatory forbearance permitted them to go through anyway. In 
fact, then Citicorp's proposed merger Travelers Insurance was actually 
a major rationale behind the Glass-Steagall Act. Most of the largest 
banks are products of serial mergers. For example, J.P. Morgan Chase is 
a product of J.P. Morgan, Chase Bank, Chemical Bank, Manufacturers 
Hanover, Banc One, Bear Stearns, and Washington Mutual. Meanwhile, Bank 
of America is an amalgam of that predecessor bank, Nation's Bank, 
Barnett Banks, Continental Illinois, MBNA, Fleet Bank, and finally 
Merrill Lynch.
  Second, the business of finance was changing. Disintermediation, the 
process by which investors directly fund businesses and individuals 
through securities markets, was already in full bloom by the time of 
the repeal of Glass-Steagall. This was demonstrated by the dramatic 
growth in money market fund and mutual fund assets and by the fact that 
corporate bonds actually exceeded nonmortgage bank loans by the middle 
of the 1990s.
  The subsequent boom in structured finance took this process to ever 
greater heights. Securitization, whereby pools of illiquid loans and 
other assets are structured, converted and marketed into asset-backed 
securities, ABS, is in principle a valuable process that facilitates 
the flow of credit and the dispersion of risk beyond the banking 
system. Regulatory neglect, however, permitted a good model to mutate 
and grow into a sad farce.
  On one end of the securitization supply chain, regulators allowed 
underwriting standards to erode precipitously without strengthening 
mortgage origination regulations or sounding the alarm bells on harmful 
nonbank actors--not even those within bank holding companies over which 
the regulators had jurisdiction. On the other, securities backed by 
risky loans were transformed into securities deemed ``hi-grade'' by 
credit rating agencies, only after a dizzying array of steps where 
securities were packaged and repackaged into many layers of senior 
tranches, which had high claims to interest and principal payments, and 
subordinate tranches.
  The nonbanking actors--investment banks, hedge funds, money market 
funds, off-balance-sheet investment funds--that powered structured 
finance came to be known as the shadow banking market. Of course, the 
shadow banking market could only have grown to surpass by trillions of 
dollars the actual banking market with the consent of regulators.
  In fact, one of the primary purposes behind the securitization market 
was to arbitrage bank capital standards. Banks that could show 
regulators that they could offload risks through asset securitizations 
or through guarantees on their assets in the form of derivatives called 
credit default swaps received more favorable regulatory capital 
treatment, allowing them to build their balance sheets to more and more 
stratospheric levels.
  With the completion of the Basel II Capital Accord, determinations on 
capital adequacy became dependent on the judgments of rating agencies 
and, increasingly, the banks' own internal models. While this was a 
recipe for disaster, it reflected in part the extent to which the size 
and complexity of this new era of quantitative finance exceeded the 
regulators' own comprehension.
  When Basel II was effectively applied to investment banks like Lehman 
Brothers and Goldman Sachs, which had far more precarious and 
potentially explosive business models that utilized overnight funding 
to finance illiquid inventories of assets, the results were even worse. 
The SEC, which had no track record to speak of with respect to ensuring 
the safety and soundness of financial institutions, allowed these 
investment banks to leverage a small base of capital over 40 times into 
asset holdings that, in some cases, exceeded $1 trillion.
  Third, little more than a year after repealing Glass-Steagall, 
Congress passed legislation--the Commodity Futures Modernization Act of 
2000--to allow over-the-counter derivatives to essentially remain 
unregulated. Following the collapse of the hedge fund Long Term Capital 
Management in 1998, then Commodities Futures Trading Commission 
Chairwoman Brooksley Born began to warn of problems in this market. 
Unfortunately, her calls for stronger regulation of the derivatives 
market clashed with the uncompromising free-market philosophies of 
Federal Reserve Chairman Alan Greenspan, then Treasury Secretary Robert 
Rubin and later Treasury Secretary Larry Summers. To head off any 
attempt by the CFTC or another agency from regulating this market, they 
successfully convinced Congress to pass the CFMA.
  The explosive growth of the OTC derivatives market following the 
passage

[[Page 3184]]

of the CFMA was stunning--the size of the OTC derivatives market grew 
from just over $95 trillion at the end of 2000 to over $600 trillion in 
2009. This growth had profound implications for the overall risk 
profile of the financial system. While derivatives can be used as a 
valuable tool to mitigate or hedge risk, they can also be used as an 
inexpensive way to take on leverage and risk. As I noted before, 
certain OTC derivatives called credit default swaps were crucial in 
allowing banks to evade their regulatory capital requirements. In other 
contexts, CDS contracts have been used to speculate on the credit 
worthiness of a particular company or asset.
  But they pose other problems as well. Since derivatives represent 
contingent liabilities or assets, the risks associated with them are 
imperfectly accounted for on company balance sheets. And they have 
concentrated risk in the banking sector, since even before the repeal 
of Glass-Steagall, large commercial banks like J.P. Morgan were major 
derivatives dealers. Finally, the proliferation of derivatives has 
significantly increased the interdependence of financial actors while 
also overwhelming their back-office infrastructure. Hence, while the 
growth of derivatives greatly increased counterparty credit risks 
between financial institutions--the risk, that is, that the other party 
will default at some point during the life of the derivative contract--
those entities had little ability to quantify those risks, let alone 
manage them.
  Therefore, on the eve of what was arguably the biggest economic 
crisis since the Great Depression, which was caused in large part by 
the confluence of all the forces and trends that I have just described, 
the financial industry was larger, more concentrated, more complex, 
more leveraged and more interconnected than ever before. Once the 
subprime crisis hit, it spread like a contagion, causing a collapse in 
confidence throughout virtually the entire financial industry. And 
without clear walls between those institutions the government insures 
and those that are free to take on excessive leverage and risk, the 
American taxpayer was called upon to step forward into the breach.
  Unfortunately, the government's response to the financial meltdown 
has only made the industry bigger, more concentrated and more complex. 
As the entire financial system was imploding following the bankruptcy 
filing by Lehman Brothers, the Treasury and the Federal Reserve hastily 
arranged mergers between commercial banks, which had a stable source of 
funding in insured deposits, and investment banks, whose business model 
depended on market confidence to roll over short-term debt.
  Before the Lehman bankruptcy, Bear Stearns had been merged into J.P. 
Morgan. After the Lehman collapse, one of the biggest mergers to occur 
was between Bank of America and Merrill Lynch. And Ken Lewis, the CEO 
of Bank of America at the time, alleges that it was consummated only 
following pressure he received from Treasury Secretary Hank Paulson and 
Federal Reserve Chairman Ben Bernanke.
  As merger plans for the remaining two investment banks, Goldman Sachs 
and Morgan Stanley, faltered, another plan was hatched. Both Goldman 
Sachs and Morgan Stanley--neither of which had anything even close to 
traditional banking franchises--were both given special dispensations 
from the Federal Reserve to become bank holding companies. This 
provided them with permanent borrowing privileges at the Federal 
Reserve's discount window--without having to dispose of risky assets. 
In a sense, it was an official confirmation that they were covered by 
the government safety net because they were literally ``too big to 
fail.''
  Following the crisis, the U.S. mega banks left standing have even 
more dominant positions. Take the multitrillion-dollar market for OTC 
derivatives. The five largest banks control 95 percent of that market. 
Let me repeat that. The five largest banks control 95 percent of the 
over-the-counter derivatives market. With such strong pricing power, 
these firms could afford to expand dramatically their margins. The 
Federal Reserve estimated that those five banks made $35 billion from 
trading in the first half of 2009 alone. Of course, they used these 
outsized profits from trading activities in derivatives and other 
securities not only to replenish their capital, but also to pay 
billions of dollars in bonuses.
  Large and complex institutions like Citigroup dominate our financial 
industry and our economy. MIT professor Simon Johnson and James Kwak, a 
researcher at Yale Law School, estimate that the six largest U.S. banks 
now have total assets in excess of 63 percent of our overall GDP. Only 
15 years ago, the six largest US banks had assets equal to 17 percent 
of GDP. This is an extraordinary increase. We haven't seen such 
concentration of financial power since the days of Morgan, Rockefeller 
and Carnegie.
  As I stated at the outset, I am extremely concerned that our reform 
efforts to date do little, if anything, to address this most serious of 
problems. By expanding the safety net--as we did in response to the 
last crisis--to cover ever larger and more complex institutions heavily 
engaged in speculative activities, I fear that we may be sowing the 
seeds for an even bigger crisis in only a few years or a decade.
  Unfortunately, the current reform proposals focus more on 
reorganizing and consolidating our regulatory infrastructure, which 
does nothing to address the most basic issue in the banking industry: 
that we still have gigantic banks capable of causing the very financial 
shocks that they themselves cannot withstand.
  Rather than pass the buck to a reshuffled regulatory deck, which will 
still be forced to oversee banks that former FDIC Chairman Bill Isaac 
describes as ``too big to manage, and too big to regulate,'' we must 
draw hard statutory lines between banks and investment houses.
  We must eliminate the problem of ``too big to fail'' by reinstituting 
the spirit of Glass-Steagall, a modern version that separates 
commercial from investment banking activities and imposes strict size 
and leverage limits on financial institutions.
  We must also establish clear and enforceable rules of the road for 
our securities market in the interest of making them less fragmented, 
opaque and prone to collapse. The over-the-counter derivatives market 
must be tightly regulated, as originally proposed by Brooksley Born--
and rejected by Congress--in the late 1990s.
  Finally, I believe the myriad conflicts of interest on Wall Street 
must be addressed through greater protection and empowerment of 
individual investors. Our antifraud provisions, as represented for 
example by rule 10(b)5, under the 1934 Securities Act, need to be 
strengthened.
  One key reform that has been proposed to address the ``too big to 
fail'' problem is resolution authority. The existing mechanism whereby 
the FDIC resolves failing depository institutions has, by and large, 
worked well. After the experiences of Bear Stearns and Lehman Brothers 
in 2008, it is clear that a similar process should be applied to entire 
bank holding companies and large nonbank institutions.
  While no doubt necessary, this is no panacea. No matter how well 
Congress crafts a resolution mechanism, there can never be an orderly 
wind-down, particularly during periods of serious stress, of a $2-
trillion institution like Citigroup that had hundreds of billions of 
off-balance-sheet assets, relies heavily on wholesale funding, and has 
more than a toehold in over 100 countries.
  There is no cross-border resolution authority now, nor will there be 
for the foreseeable future. In the days and weeks following the 
collapse of Lehman Brothers, there was an intense and disruptive 
dispute between regulators in the U.S. and U.K. regarding how to handle 
customer claims and liabilities more generally. Yet experts in the 
private sector and governments agree--national interests make any 
viable international agreement on how financial failures are resolved 
difficult to achieve. A resolution authority based on U.S. law will do 
precisely nothing to address this issue.
  While some believe market discipline would be reimposed by refining 
the

[[Page 3185]]

bankruptcy process, Lehman Brothers demonstrates that the very concept 
of market discipline is illusory with institutions like investment 
banks, which used funds that they borrowed in the repo market to 
finance their own inventories of securities, as well as their own book 
of repurchase agreements, which they provided to hedge funds through 
their prime brokerage business.
  Investment banks, the fulcrum of these institutional arrangements, 
found themselves in a classic squeeze. On one side, their hedge fund 
clients and counterparties withdrew funds and securities in their prime 
brokerage accounts, drew down credit lines and closed out derivative 
positions, all of which caused a massive cash drain on the bank. On the 
other side, the repo lenders, concerned about the value of their 
collateral as well as the effect of the cash drain on the banks' credit 
worthiness, refused to roll over their loans without the posting of 
substantial additional collateral. These circumstances quickly prompted 
a vicious cycle of deleveraging that brought our financial system to 
the brink. With such large, complex and combustible institutions like 
these, there can be no orderly process of winding them down. The rush 
to the exits happens much too quickly.
  That is why we need to directly address the size, the structure and 
the concentration of our financial system.
  The Volcker rule, which would prohibit commercial banks from owning 
or sponsoring ``hedge funds, private equity funds, and purely 
proprietary trading in securities, derivatives or commodity markets,'' 
is a great start, and I applaud Chairman Volcker for proposing that 
purely speculative activities should be moved out of banks. That is why 
I joined yesterday with Senators Jeff Merkeley and Carl Levin to 
introduce a strong version of the Volcker rule. But I think we must go 
further still. Massive institutions that combine traditional commercial 
banking and investment banking are rife with conflicts and are too 
large and complex to be effectively managed.
  We can address these problems by reimposing the kind of protections 
we had under Glass-Steagall. To those who say ``repealing Glass-
Steagall did not cause the crisis, that it began at Bear Stearns, 
Lehman Brothers and AIG,'' I say that the large commercial banks were 
engaged in exactly the same behavior as Bear Stearns, Lehman and AIG--
and would have collapsed had the federal government not stepped in and 
taken extraordinary measures. That is the reason why commerical banks 
did not go under, because we were protecting them because they were too 
big to fail. We let Bear, Lehman and AIG--go under because they were 
not. This seems like a circular argument on why we should not do more 
about commercial banks in this country that are so incredibly large and 
we would be stuck with the same situation we were in during the 
meltdown. Moreover, in response to the last crisis, we increased the 
safety net that covers these behemoth institutions. The result: they 
will continue to grow unchecked, using insured deposits for speculative 
activities without running any real risk of failure on account of their 
size.
  We need to reinstate Glass-Steagall in an updated form to prevent or 
at least severely moderate the next crisis.
  By statutorily splitting apart massive financial institutions that 
house both banking and securities operations, we will both cut these 
firms down to more reasonable and manageable sizes and rightfully limit 
the safety net only to traditional banks. President of the Federal 
Reserve Bank of Dallas Richard Fisher recently stated:

       I think the disagreeable but sound thing to do regarding 
     institutions that are [``too big to fail''] is to dismantle 
     them over time into institutions that can be prudently 
     managed and regulated across borders. And this should be done 
     before the next financial crisis, because it surely cannot be 
     done in the middle of a crisis.

  A growing number of people are calling for this change. They include 
former FDIC Chairman Bill Isaac, former Citigroup chairman John Reed, 
famed investor George Soros, Nobel Prize winning economist Joseph 
Stiglitz, president of the Federal Reserve Bank of Kansas City, Thomas 
Hoenig, and Bank of England Governor, Mervyn King, among others. A 
chastened Alan Greenspan also adds to that chorus, noting:

       If they're too big to fail, they're too big. In 1911 we 
     broke up Standard Oil--so what happened? The individual parts 
     became more valuable than the whole. Maybe that's what we 
     need to do.

  Alan Greenspan, in my opinion, has never been more right.
  But even this extraordinary step of splitting these institutions 
apart is not sufficient. Cleaving investment banking from traditional 
commercial banking will still leave us with massive investment banks, 
some with balance sheets that exceed $1 trillion in assets.
  For that reason, Glass-Steagall would need to be supplemented with 
strict size and leverage constraints. The size limit should focus on 
constraining the amount of nondeposit liabilities at large investment 
banks, which rely heavily on short-term financing, such as repos and 
commercial paper.
  The growth of those funding markets in the run-up to the crisis was 
staggering. One report by researchers at the Bank of International 
Settlements estimated that the size of the overall repo market in the 
United States, Euro region and the United Kingdom totaled approximately 
$11 trillion at the end of 2007. Incredibly, the size was more than $5 
trillion more than the total value of domestic bank deposits at that 
time, which was less than $7 trillion.
  The overreliance on such wholesale financing made the entire 
financial system vulnerable to a classic bank run, the type that we had 
before we instituted a system of deposit insurance and strong bank 
supervision. Remarkably, while there is a prudential cap on the amount 
of deposits a bank can have--even though deposits are already federally 
insured--there is no limit of any kind on liabilities like repos that 
need to be rolled over every day. With a sensible limit on these 
liabilities at each financial institution--for example, as a percentage 
of GDP--we can ensure that never again will the so-called shadow 
banking system eclipse the real banking system.
  In addition, institutions that rely upon market confidence every day 
to finance their balance sheet and market prices to determine the worth 
of their assets should not be leveraged to stratospheric levels. To 
ensure that regulatory forbearance does not permit another Lehman 
Brothers, we should institute a simple statutory leverage requirement, 
that is, a limit on how much firms can borrow relative to how much 
their shareholders have on the line. As I have said in a previous 
speech, a statutory leverage requirement that is based upon banks' core 
capital--i.e., their common stock plus retained earnings--could 
supplement regulators' more highly calibrated risk-based assessments, 
providing a sorely needed gut check that ensures that regulators don't 
miss the forest for the trees when assessing the capital adequacy of a 
financial institution.
  This would push firms back towards the levels of effective capital 
they had in the pre-bailout days--like in the post World War II period 
when our financial system generally functioned well. To be sure, this 
would move our core banks from being predominantly debt financed to 
substantially based on equity. But other parts of our financial system 
already operate well on this basis--with venture capital being the most 
notable example. The return on equity relative to debt would need to 
rise to accommodate this change, but--as long as we preserve a credible 
monetary policy--this is consistent with low interest rates in real 
terms.
  I would also stress that a leverage limit without breaking up the 
biggest banks will have little effect. Because of their implicit 
guarantee, ``too big to fail'' banks enjoy a major funding advantage--
and leverage caps by themselves do not address that. Our biggest banks 
and financial institutions have to become significantly smaller if we 
are to make any progress at all.
  Turning now to derivatives reform, I have already noted how large 
dealer banks completely dominate the OTC marketplace for derivatives, 
an opaque

[[Page 3186]]

market where these banks exert enormous pricing power. For over two 
decades, this market has existed with virtually no regulation 
whatsoever.
  Amazingly, it is a market where the dealers themselves actually set 
the rules for the amount of collateral and margin that needs to be 
posted by different counterparties on trades. Dealers never post 
collateral, while the rules they set for their counterparties are both 
lax and procyclical, meaning that margin requirements tend to increase 
during periods of market turmoil when liquidity is at a premium. The 
complete lack of oversight of these markets has almost brought our 
financial system to its knees twice in 10 years, first with the failure 
of LTCM in 1998, and then with the failure of Lehman Brothers in 2008. 
We have known about these problems for over a decade--yet we have so 
far done nothing to make this market better regulated.
  That is why I applaud CFTC Chairman Gary Gensler's efforts in pushing 
for centralized clearing and regulated electronic execution of 
standardized OTC derivatives contracts as well as more robust 
collateral and margin requirements. Clearinghouses have strong policies 
and procedures in place for managing both counterparty credit and 
operational risks. Chairman Gensler underscores that this would get 
directly at the problem of ``too big to fail'' by stating: ``Central 
clearing would greatly reduce both the size of dealers as well as the 
interconnectedness between Wall Street banks, their customers and the 
economy.'' Moreover, increased clearing and regulated electronic 
trading will make the market more transparent, which will ultimately 
give investors better pricing.
  A strong clearing requirement, however, should not be swallowed by 
large exemptions that circumvent the rules. While I am sympathetic to 
concerns about increased costs raised by nonfinancial corporations that 
use interest rate and currency swaps for hedging purposes, any 
exemption of this sort should be narrowly crafted. For example, it 
might be limited to transactions where non-financial corporations use 
OTC derivatives in a way that qualifies for GAAP hedge accounting 
treatment. In any case, we should recognize more explicitly that when 
such derivatives contracts are provided by too big to fail banks, the 
end users are in effect splitting the hidden taxpayer subsidy with the 
big banks. And remember that this subsidy is not only hidden--it is 
also dangerous, because it is central to the incentives to become 
bigger and to take more risk once any financial firm is large.
  Given that one of the key objectives behind increased clearing is to 
reduce counterparty credit risk, it also seems reasonable that 
derivatives legislation place meaningful constraints on the ownership 
of clearinghouses by large dealer banks.
  Finally, we need to address the fundamental conflicts of interest on 
Wall Street. While separating commercial banking from investment 
banking is a critical step, there are still inherent conflicts within 
the modern investment banking model.
  Let's take the example of auction rate securities. Brokers at UBS and 
other firms marketed these products, which were issued by 
municipalities and not-for-profit entities, as ``safe, liquid cash 
alternatives'' to retail investors even though they were really long-
term debt instruments whose interest rates would reset periodically 
based upon the results of Dutch auctions. In other words, these 
unsuspecting investors would be unable to sell their securities if new 
buyers didn't enter the market, which is exactly what happened. As 
credit concerns by insurers who guaranteed these securities drained 
liquidity from the market, bankers continued to sell these securities 
to retail clients as safe, liquid investments. There was a blatant 
conflict of interest where the banks served as broker to their retail 
customers while also underwriting the securities and conducting the 
auctions.
  There is an open issue of why such transactions did not constitute 
securities fraud, for example under rule 10(b)5--which prohibits the 
nondisclosure of material information. Civil actions are still in 
progress and perhaps we will learn more from the outcomes of particular 
cases. But no matter how these specific cases are resolved, we should 
move to strengthen the legal framework that enables both private 
parties and the SEC--both civil and criminal sides--to bring successful 
enforcement actions.
  Individuals at Enron, Merrill Lynch, and Arthur Anderson were called 
to account for their participation in fraudulent activities--and at 
least one executive from Merrill went to prison for signing off on a 
deal that would help manipulate Enron's earnings. But it is quite 
possible that no one will be held to account, either in terms of 
criminal or civil penalties, due to the deception and misrepresentation 
manifest in our most recent credit cycle. We must work hard to remove 
all the loopholes that helped create this unfair and unreasonable set 
of outcomes.
  We can begin by strengthening investor protection. Currently, brokers 
are not subject to a fiduciary standard as financial advisors are, but 
only subject to a ``suitability'' requirement when selling securities 
products to investors. Hence, brokers don't have to be guided by their 
customers' best interest when recommending investment product 
offerings--they might instead be focused on increasing their 
compensation by pushing proprietary financial products. I am not saying 
they are doing that, but we have to be aware and deal with clear 
conflicts of interest. By harmonizing the standards that brokers and 
financial advisors face and by better disclosing broker compensation, 
retail investors will be able to make better, more informed investment 
decisions. Even Lloyd Blankfein, the CEO of Goldman Sachs, has stated 
that he ``support[s] the extension of a fiduciary standard to broker/
dealer registered representatives who provide advice to retail 
investors. The fiduciary standard puts the interests of the client 
first. The advice-giving functions of brokers who work with investors 
have become similar to that of investment advisers.''
  It has also become known that some firms underwrite securities--
promoting them to investors--and then short these same securities 
within a week and without disclosing this fact, which any reasonable 
investor would regard as adverse material information. In the 
structured finance arena, investment banks sold pieces of 
collateralized debt obligations--which were packages of different 
asset-backed securities divided into different risk classes--to their 
clients and then took--proceeded to take short positions in those 
securities by purchasing credit default swaps. Some banks went further 
by shorting mortgage indexes tied to securities they were selling to 
clients and by shorting their counterparties in the CDS market. This is 
how a firm such as Goldman Sachs could claim that they were effectively 
hedged to an AIG collapse.
  Unfortunately, the use of products like CDS in this way allows the 
banks to become empty creditors who stand to make more money if people 
and companies default on their debts than if they actually paid them. 
These and other problematic practices that place financial firms' 
interests against those of their clients need to be restricted. They 
also completely violate the spirit of our seminal legislation from the 
1930s, which insisted--for the first time--that the sellers and 
underwriters of securities disclose all material information. This is 
nothing less than a return to the unregulated days of the 1920s; to be 
sure, those days were heady and exciting, but only for a while--such 
practices always end in a major crash, with the losses 
disproportionately incurred by small and unsuspecting investors.
  Investors should also have greater recourse through our judicial 
system. For example, auditors, accountants, bankers and other 
professionals that are complicit in corporate fraud should be held 
accountable. That is why I worked on a bill with Senators Specter and 
Reed to allow for private civil actions against individuals who 
knowingly or recklessly aid or abet a violation of securities laws.
  Admittedly, this is not an exhaustive list of financial reforms. I 
also believe we need to reconstitute our system of

[[Page 3187]]

consumer financial protection, which was a major failure before our 
last crisis. We must have an independent Consumer Financial Protection 
Agency, CFPA, that has strong and autonomous rulemaking authority and 
the ability to enforce those rules at nonbanking entities like payday 
lenders and mortgage finance companies. Most importantly, the head of 
this agency must not be subject to the authority of any regulator 
responsible for the ``safety and soundness'' of the financial 
institutions.
  This is basic. If you are involved, like most of our banking 
regulatory agencies, in the Treasury, their primary responsibility is 
the safety and soundness of those financial institutions. We need an 
organization such as the CFPA, which looks out totally for the interest 
of consumers and consumers alone.
  Unfortunately, like the public option in healthcare, the CFPA issue 
has become something of a ``shiny object''--though certainly an 
important one--that has distracted the focus of debate away from the 
core issues of ``too big to fail.''
  Beginning with the solutions for ``too big to fail,'' each of these 
challenges represents a crucial step along the way towards fixing a 
regulatory system that has permitted both large and small failures. 
Each is an important piece to the puzzle.
  I know there are those who will disagree with some, and perhaps all 
of these proposals. They sincerely advocate a path of incrementalism, 
of achieving small reforms over time. They say that problems as complex 
as these need to be solved by the regulators, not by Congress. After 
all, they are the ones with the expertise.
  I respectfully disagree.
  Giving more authority to the regulators is not a complete solution. 
While I support having a systemic risk council and a consolidated bank 
regulator, these are necessary but not sufficient reforms--the 
President's Working Group on Financial Markets has actually played a 
role in the past similar to that of the proposed council, but to no 
discernible effect. I do not see how these proposals alone will address 
the key issue of ``too big to fail.''
  In the brief history I outlined earlier, the regulators sat idly by 
as our financial institutions bulked up on short-term debt to finance 
large inventories of collateralized debt obligations backed by subprime 
loans and leveraged loans that financed speculative buyouts in the 
corporate sector.
  They could have sounded the alarm bells and restricted this behavior, 
but they did not. They could have raised capital requirements, but 
instead farmed out this function to credit rating agencies and the 
banks themselves. They could have imposed consumer-related protections 
sooner and to a greater degree, but they did not. The sad reality is 
that regulators had substantial powers, but chose to abdicate their 
responsibilities.
  What is more, regulators are almost completely dependent on the 
information, analysis and evidence as presented to them by those with 
whom they are charged with regulating. Last year, former Federal 
Reserve Chairman Alan Greenspan, once the paragon of laissez-faire 
capitalism, stated that ``it is clear that the levels of complexity to 
which market practitioners, at the height of their euphoria, carried 
risk management techniques and risk-product design were too much for 
even the most sophisticated market players to handle properly and 
prudently.'' I submit that if these institutions that employ such 
techniques are too complex to manage, then they are surely too complex 
to regulate.
  That is why I believe that reorganizing the regulators and giving 
them additional powers and responsibilities isn't the answer. We cannot 
simply hope that chastened regulators or newly appointed ones will do a 
better job in the future, even if they try their hardest. Putting our 
hopes in a resolution authority is an illusion. It is like the 
harbormaster in Southampton adding more lifeboats to the Titanic, 
rather than urging the ship to steer clear of the icebergs. We need to 
break up these institutions before they fail, not stand by with a plan 
waiting to catch them when they do fail.
  Without drawing hard lines that reduce size and complexity, large 
financial institutions will continue to speculate confidently, knowing 
that they will eventually be funded by the taxpayer if necessary. As 
long as we have ``too big to fail'' institutions, we will continue to 
go through what Professor Johnson and Peter Boone of the London School 
of Economics has termed ``doomsday'' cycles of booms, busts and 
bailouts, a so-called ``doom loop'' as Andrew Haldane, who is 
responsible for financial stability at the Bank of England, describes 
it.
  The notion that the most recent crisis was a ``once in a century'' 
event is a fiction. Former Treasury Secretary Paulson, National 
Economic Council Chairman Larry Summers, and J.P. Morgan CEO Jamie 
Dimon all concede that financial crises occur every 5 years or so.
  Without clear and enforceable rules that address the unintended 
consequences of unchecked financial innovation and which adequately 
protect investors, our markets will remain subverted.
  These solutions are among the cornerstones of fundamental and 
structural financial reform. With them we can build a regulatory system 
that will endure for generations instead of one that will be laid bare 
by an even bigger crisis in perhaps just a few years or a decade's 
time. We built a lasting regulatory edifice in the midst of the Great 
Depression, and it lasted for nearly half a century. I only hope we 
have both the fortitude and the foresight to do so again.

                          ____________________




              IRAN REFINED PETROLEUM SANCTIONS ACT OF 2009

  Mr. KAUFMAN. Madam President, I ask unanimous consent that the 
Banking Committee be discharged from further consideration of H.R. 
2194, the Iran Refined Petroleum Sanctions Act of 2009, and the Senate 
then proceed to its consideration.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 2194) to amend the Iran Sanctions Act of 1996 
     to enhance United States diplomatic efforts with respect to 
     Iran by expanding economic sanctions against Iran.

  There being no objection, the Senate proceeded to the consideration 
of the bill.
  Mr. KAUFMAN. Madam President, I ask unanimous consent that the 
substitute amendment, which is at the desk and is the language of S. 
2799 as passed by the Senate on January 28, 2010, be considered and 
agreed to, the bill, as amended, be read three times, passed, and the 
motion to reconsider be laid upon the table; that upon passage, the 
Senate insist on its amendment, request a conference with the House on 
the disagreeing votes of the two Houses, and the Chair be authorized to 
appoint conferees on the part of the Senate with a ratio of 4 to 3, 
without further intervening action or debate.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment (No. 3466) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 2194), as amended, was read the third time and passed.
  The ACTING PRESIDENT pro tempore appointed Mr. Dodd, Mr. Kerry, Mr. 
Lieberman, Mr. Menendez, Mr. Shelby, Mr. Bennett, and Mr. Lugar 
conferees on the part of the Senate.
  Mr. KAUFMAN. I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Tennessee.
  Mr. ALEXANDER. Madam President, I ask unanimous consent that the 
Republican Senators be able to engage in a colloquy.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                           HEALTH CARE REFORM

  Mr. ALEXANDER. Madam President, the Senator from Arizona and I and

[[Page 3188]]

Senator Barrasso, who will be here in a few minutes, had the privilege 
of being invited by the President to a lengthy health care summit a 
couple of weeks ago at the Blair House, a historic location right 
across from the White House.
  Over the 7\1/2\-hour discussion, there were some obvious differences 
of opinion. In fact, my friend, the majority leader, said: Lamar, you 
are not entitled to your own facts. I think he is right about that. We 
want to use the real facts. But the American people, once again, seem 
to have understood the real facts.
  In the Wall Street Journal yesterday, March 10, there was an article 
by Scott Rasmussen and Doug Schoen. Mr. Rasmussen is an independent 
pollster, and Mr. Schoen was President Clinton's pollster. Here is one 
of the things they said. We were saying, with respect to the President: 
Mr. President, your plan will increase the deficit. This is a time when 
many people in America believe the deficit is growing at an alarming 
rate and will bring the country to its knees in a few years if we do 
not do something about it. The President and his Democratic colleagues 
said: No, the Congressional Budget Office says we do not increase the 
deficit.
  The American people do not believe that, according to Mr. Rasmussen 
and Mr. Schoen. They say:

     . . . 66 percent of voters believe passage of the President's 
     plan will lead to higher deficits.

  They are right about that. Why do I say that? Because not included in 
the comprehensive health care plan that the President has yet to send 
up--we do not have a bill yet. We have an 11-page memo which is 
suggested recommendations in a 2,700-page Senate bill. We do not have a 
bill. But the plan does not include what it costs to prevent the 
planned 22 percent pay cuts for doctors that serve Medicare patients 
over the next 10 years. According to the President's own budget--and 
Paul Ryan, the Congressman from Wisconsin, brought this up at the 
summit--that costs $371 billion over 10 years.
  Let me say that once more. What we are being asked to believe is, 
here is a comprehensive health care plan that does not add to the debt, 
but it does not include what it costs to prevent the planned 22 percent 
pay cuts for doctors that serve Medicare patients. That is akin to 
asking you to come to a horse race without a horse. Does anybody 
believe a comprehensive health care plan is complete and comprehensive 
if it does not include what you actually are going to pay doctors to 
see Medicare patients? Of course not. You have to include that in 
there. That adds $371 billion to the President's proposal, and that, by 
itself, makes it clear the proposal adds to the deficit.
  The Senator from Arizona is here, and I say this to the Senator. Also 
in the article in the Wall Street Journal it said:

       Fifty-nine percent of the voters say that the biggest 
     problem with the health care system is the cost. . . .

  That is what we have been saying over and over again. Let's don't 
expand a program that costs too much. Let's fix the program by reducing 
costs.
  According to the survey--remember this is an independent pollster and 
a Democratic pollster:

       Fifty-nine percent of voters say that the biggest problem 
     with the health care system is the cost: They want reform 
     that will bring down the cost of care. For these voters, the 
     notion that you need to spend an additional trillion dollars 
     doesn't make sense. If the program is supposed to save money, 
     why does it cost anything at all?

Asked the pollsters.
  I ask the Senator from Arizona that question. If this program is 
supposed to save money, reduce costs, why does it cost anything at all?
  Mr. McCAIN. Madam President, I say to my friend, obviously, the 
answer to that question is, they continue to go back to the 
Congressional Budget Office with different assumptions in order to get 
the answers they want when the American people have figured it out.
  Again, I know my friend from Tennessee saw yesterday's news, which 
has to be considered in the context of the cost of this bill, which 
Congressman Ryan estimates at around $2.5 trillion with true budgeting 
over 10 years. But we cannot ignore the fundamental fact that ``the 
government ran up''--this is an AP article yesterday:

       The government ran up the largest monthly deficit in 
     history in February, keeping the flood of red ink on track to 
     top last year's record for the full year.

  The Treasury Department said Wednesday that the February deficit 
totaled $220.9 billion, 14 percent higher than the previous record set 
in February of last year.

       The deficit through the first 5 months of this budget year 
     totals $651.6 billion, 10.5 percent higher than a year ago.
       The Obama administration is projecting that the deficit for 
     the 2010 budget year will hit an all-time high of $1.56 
     trillion, surpassing last year's of $1.4 trillion total.

  I say to my friend from Tennessee, these are numbers that in our 
younger years we would not believe. We would not believe we could be 
running up these kinds of deficits. Yet we hear from the President and 
from the administration that things are getting better--certainly not 
from the debt we are laying onto future generations of Americans.
  May I mention also in this context--I wonder if my friend from 
Tennessee will agree with me that there is so much anger out there over 
porkbarrel spending and earmark spending that the Speaker of the House 
said they are going to ban earmarks in the other body for for-profit 
companies. I think that is a step forward. Why not ban them all? 
Immediately they would set up shadow outfits.
  Chairman Obey says that would be 1,000 earmarks. In one bill last 
year, there were 9,000 earmarks. So why don't we take the final step 
and put a moratorium on earmarks until we have a balanced budget, until 
there is no more deficit? I think that is what the American people 
wanted to get rid of--this corruption that continues there.
  But I would also mention to my friend from Tennessee very briefly 
that the President, when he and I sat next to each other at Blair 
House, and I talked about the special deals for the special interests 
and the unsavory deal that was cut with PhRMA and how the American 
people are as angry about the process as the product, the President's 
response to me was--and there is a certain accuracy associated with 
it--the campaign is over.
  Well, I would remind my friend that before the campaign--even before 
the campaign--when the President was still a Senator, he said this 
about reconciliation:

       You know, the Founders designed this system, as frustrating 
     [as] it is, to make sure that there's a broad consensus 
     before the country moves forward. . . . And what we have now 
     is a president who--

  And there he was referring to President Bush--

     hasn't gotten his way. And that is now prompting, you know, a 
     change in the Senate rules that really I think would change 
     the character of the Senate forever. . . . And what I worry 
     about would be you essentially have still two chambers--the 
     House and the Senate--but you have simply majoritarian 
     absolute power on either side, and that's just not what the 
     founders intended.

  That was a statement by then-Senator Barack Obama. Then he went on to 
say:

       I would try to get a unified effort saying this is a 
     national emergency to do something about this. We need the 
     Republicans, we need the Democrats.

  Just yesterday, of course, at rallies around the country, he said: It 
is time to vote.
  It is time to vote, is his message, which certainly is attractive. We 
will be glad to vote. But we want to vote preserving the institution of 
the Senate and the 60-vote rule.
  In the interest of full disclosure, Republicans, when they were in 
the majority, tried to change it, as the Senator from Tennessee 
remembers. But the fact is, if we take away the 60-vote majority that 
has characterized the way this body has proceeded, we would then have 
just what then-Senator Obama said:

       You essentially have still two Chambers--the House and the 
     Senate--but you have simply majoritarian absolute power on 
     either side, and that's just not what the founders intended.

  I wonder if my colleague from Tennessee would like to comment on 
whether the President still believes

[[Page 3189]]

that is not what the Founders intended.
  Mr. ALEXANDER. Madam President, I appreciate the Senator from Arizona 
bringing this up, and I think it is important for the American people 
to be reminded that the Senator from Arizona has a certain amount of 
credibility on this matter because about 4 years ago--when we were in 
the majority and we became frustrated because Democrats were blocking 
President Bush's judicial appointments--it was the Republicans who 
said--I didn't, but some Republicans said--well, let's just jam it 
through. We won the election, let's get it with 51 votes. Let's change 
the rules.
  But Senator McCain and a group of others said: Wait just a minute. He 
said then what he has said just today. He said the U.S. Founders set up 
the Senate to be a protector of minority rights. As Senator Byrd, the 
senior Democratic Senator, has said: Sometimes the minority is right. 
And it was Alexis de Tocqueville who said, when he wrote his 
observations about our country in the 1830s, that potentially the 
greatest threat to American democracy is the tyranny of the majority.
  This is supposed to be a place where decisions are made based upon 
consensus, not just a majority. As Senator Byrd has said: Running the 
health care bill through the Senate like a freight train is an outrage. 
It would be an outrage.
  I would ask the Senator from Arizona whether he believes it is not 
just the higher premiums and the higher taxes and the extra costs to 
States; that, in the end, the reason this health care bill is so deeply 
unpopular is because of the process because, first, there were 25 days 
of secret meetings, and now they are jamming it through by a partisan 
vote. Something this big, this important ought to be decided by 
consensus in the Senate.
  Mr. McCAIN. I would also remind my friend from Tennessee of Senator 
Byrd's comments regarding reconciliation and health care reform.
  Madam President, I ask unanimous consent to have printed in the 
Record Senator Robert Byrd's statement on the floor of the Senate from 
April of 2001.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

 Senator Byrd on the Use of Reconciliation for the Clinton Health Plan

       U.S. Senator Robert Byrd on the Floor of the Senate in 
     April of 2001 explaining his objection to using 
     reconciliation to pass controversial health care legislation 
     (Clinton plan):
       ``The democratic leadership pleaded with me at length to 
     agree to support the idea that the Clinton health care bill 
     should be included in that year's reconciliation package. 
     President Clinton got on the phone and called me also and 
     pressed me to allow his massive health care bill to be 
     insulated by reconciliation's protection. I felt that changes 
     as dramatic as the Clinton health care package, which would 
     affect every man, woman and child in the United States should 
     be subject to scrutiny.
       ``I said Mr. President, I cannot in good conscience turn my 
     face the other way. That's why we have a Senate. To amend and 
     debate freely. And that health bill, as important as it is, 
     is so complex, so far-reaching that the people of this 
     country need to know what's in it. And, moreover, Mr. 
     President, we Senators need to know what's in it before we 
     vote. And he accepted that. He accepted that. Thanked me and 
     said good bye.''
       ``I could not, I would not, and I did not allow that 
     package to be handled in such a cavalier manner. It was the 
     threat of the use of the Byrd rule.''
       ``Reconciliation was never, never, never intended to be a 
     shield, to be used as a shield for controversial 
     legislation.''

  Mr. McCAIN. Let me explain his objection to using reconciliation to 
pass controversial health care legislation by quoting from Senator 
Robert Byrd:

       The Democratic leadership pleaded with me at length to 
     agree to support the idea that the Clinton health care bill 
     should be included in that year's reconciliation package. 
     President Clinton got on the phone and called me also and 
     pressed me to allow his massive health care bill to be 
     insulated by reconciliation's protection. I felt that changes 
     as dramatic as the Clinton health care package, which would 
     affect every man, woman child in the United States would be 
     subject to scrutiny.
       I said, Mr. President, I cannot in good conscience turn my 
     face the other way. That's why we have a Senate. To amend and 
     debate freely. And that health bill, as important as it is, 
     is so complex, so far-reaching that the people of this 
     country need to know what's in it.

  Let me note here what the Speaker of the House said on March 9:

       We have to pass the bill so that you can find out what is 
     in it.

  Now, continuing to quote from Senator Robert Byrd:

       And, moreover, Mr. President, we Senators need to know 
     what's in it before we vote. And he accepted that. He 
     accepted that. Thanked me and said good bye.
       I could not, I would not, and I did not allow that package 
     to be handled in such a cavalier manner. It was the threat of 
     the use of the Byrd rule. Reconciliation was never, never, 
     never intended to be a shield, to be used as a shield for 
     controversial legislation.

  I might also point out that the Senator from Tennessee mentioned the 
process. I don't think the American people understand that if the House 
passes the Senate bill, every one of these sweetheart deals that were 
included behind closed-door negotiations in the majority leader's 
office and in the White House will remain in that bill. We Republicans 
have all signed a letter, 41 votes, that we will not accept any change 
or amendment, whether it is good or bad, because we oppose the use of 
reconciliation, as Robert Byrd did so eloquently back in 2001.
  Mr. ALEXANDER. I wonder if the Senator from Arizona would agree with 
me that what is happening is the President is inviting the House 
Democrats to join hands and jump off a cliff and hope Senator Reid 
catches them.
  Mr. McCAIN. Will the C-SPAN cameras be in those meetings, I would ask 
my friend?
  Mr. ALEXANDER. Well, when they jump, they may be. But Senator Reid 
and his Democratic colleagues, I would say to my friend from Arizona, 
are not going to have any incentive to catch these House Members who 
vote for the bill because the President will have already signed it 
into law, and he will be well on his way to Indonesia, as the Senator 
from Arizona has just said. We have 41 Republican Senators who have 
signed a letter saying that you are not going to make new deals and 
send them over here and change them by reconciliation.
  Mr. McCAIN. Madam President, I ask unanimous consent to have printed 
in the Record an article entitled ``Health-Care Reform's Sickeningly 
Sweet Deals'' by Kathleen Parker, which appeared in the Washington Post 
on Wednesday, March 10.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               [From the Washington Post, Mar. 10, 2010]

              Health-Care Reform's Sickeningly Sweet Deals

                          (By Kathleen Parker)

       ``Skipping through the Candy Land of the health-care bill, 
     one is tempted to hum a few bars of ``Let Me Call You 
     Sweetheart.''
       ``What a deal. For dealmakers, that is. Not so much for 
     American taxpayers, who have been misled into thinking that 
     the sweetheart deals have been excised.''
       ``Not only are the deals still there, but they're bigger 
     and worser, as the Bard gave us permission to say. And the 
     health-care ``reform'' bill is, consequently, more expensive 
     by billions.''
       ``Yes, gone (sort of) is the so-called Cornhusker kickback, 
     extended to Nebraska Sen. Ben Nelson when his 60th vote 
     needed a bit of coaxing. Meaning, Nelson is no longer 
     special. Instead, everyone is. All states now will get their 
     own Cornhusker kickbacks. And everything is beautiful in its 
     own way.''
       ``Originally, Nelson had secured 100 percent federal 
     funding for Nebraska's Medicaid expansion--in perpetuity--
     among other hidden prizes to benefit locally based insurance 
     companies. When other states complained about the unfair 
     treatment, President Obama and Congress ``fixed'' it by 
     increasing the federal share of Medicaid to all states 
     through 2017, after which all amounts are supposed to 
     decrease.''
       ``Nelson's deal might have escaped largely unnoticed, if 
     not for his pivotal role on the Senate vote last December. 
     The value of what he originally negotiated for Nebraska--
     about $100 million--wasn't that much in the trillion-dollar 
     scheme of things, but the cost of the ``fix'' runs in the 
     tens of billions, according to a health lobbyist who crunched 
     the numbers for me.''
       Other sweetheart provisions that remain in the bill include 
     special perks for Florida (``Gatorade''), Louisiana (``The 
     Louisiana Purchase''), Nevada, Montana, Wyoming, North Dakota 
     and Utah (``The Frontier States''). There may well be others, 
     and staffers on the Hill, who come to work each

[[Page 3190]]

     day equipped with espresso shooters, magnifying glasses and 
     hair-splitters, are sifting through the stacks of verbiage.
       Wearily, one might concede that this is, well, politics as 
     usual. But weren't we supposed to be finished with backroom 
     deals? Whither the transparency of the Promised Land?
       To his credit, Obama conceded McCain's point in a post-
     summit letter to Congress, noting that some provisions had 
     been added to the legislation that shouldn't have been. His 
     own proposal does not include the Medicare Advantage 
     provision mentioned by McCain that allowed extra benefits for 
     Florida, as well as other states. The president also 
     mentioned that his plan eliminates the Nebraska yum-yum (not 
     his term), ``replacing it with additional federal financing 
     to all states for the expansion of Medicaid.''
       More fair? Sure, but at mind-boggling cost to taxpayers. To 
     correct a $100 million mistake, we'll spend tens of billions 
     instead.
       Throughout the health-care process, the Democrats' modus 
     operandi has been to offer a smarmy deal and then, when 
     caught, to double down rather than correct course. The 
     proposed tax on high-end ``Cadillac'' insurance policies to 
     help defray costs is another case in point. Pushed by the 
     President, and initially passed by the Senate, the tax was 
     broadly viewed as an effective way to bend the cost curve 
     down. But then labor unions came knocking and everyone caved. 
     The tax will be postponed until 2018.
       And the cost of the union compromise? According to the 
     Congressional Budget Office, the original Cadillac tax would 
     have saved the Treasury $149 billion from 2013 to 2019. Under 
     the postponed tax, the savings will probably plunge to just 
     $65 billion, or a net loss to the Treasury of $84 billion.
       Regardless of what the CBO reports in the coming days, no 
     one can claim the bill is as lean as it could be. A spoonful 
     of sugar may indeed help the medicine go down, but even King 
     Kandy and the Gingerbread People can choke on too many 
     sweets.

  Mr. McCAIN. I think Kathleen Parker says it best, and let me quote 
from her article:

       Skipping through the Candy Land of the health-care bill, 
     one is tempted to hum a few bars of ``Let Me Call You 
     Sweetheart.'' What a deal. For dealmakers, that is. Not so 
     much for American taxpayers, who have been misled into 
     thinking the sweetheart deals have been excised.

  That is why I say to my friend from Tennessee, it is important the 
American people understand that the Senate bill cannot be changed 
without coming back to the Senate. Therefore, all these deals they have 
pledged to remove will be in the bill that will be voted on by the 
other body--the ``Cornhusker kickback,'' which, by the way, had to 
secure 100 percent Federal funding for Nebraska's Medicaid expansion in 
perpetuity, among other hidden prizes to benefit locally based 
insurance companies. When other States complained about the unfair 
treatment, President Obama and Congress fixed it by increasing the 
Federal share of Medicaid to all States through 2017, after which all 
amounts are supposed to decrease. But they didn't fix it.
  Anyway, I think it is important for us to understand that these 
sweetheart deals have not been removed and that we are in opposition to 
this entire reconciliation which would lead to the erosion and eventual 
destruction of the 60-vote procedure that has characterized the way the 
Senate has operated.
  I have been in the majority, and I have been in the minority, and 
when I have been in the majority, we have been frustrated by the 60-
vote rule and vice versa. Some of the people who are doing the greatest 
complaining and arguing about the fact that we have a 60-vote rule are 
the same ones who were the most steadfast defenders of it in past years 
when they were in the minority. That alone is enough argument for us to 
leave the process alone.
  I believe historians will show that there are times where the 60-vote 
rule, because of the exigency of the moment, averted us from taking 
actions; and later on, in perhaps calmer times, we were glad that we 
did not act at that time.
  Mr. ALEXANDER. Madam President, I congratulate the Senator from 
Arizona for his consistency, for 5 years ago saying to members of his 
own party that the Senate is a place where minority rights are 
protected. As Senator Byrd has said, sometimes the minority is right. 
It slows things down, yes; but it forces us to get it right.
  I ask unanimous consent to have printed in the Record the editorial 
from the Wall Street Journal to which I referred a little earlier.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                     [From the Wall Street Journal]

              Why Obama Can't Move the Health-Care Numbers

                  (By Scott Rasmussen and Doug Schoen)

       One of the more amazing aspects of the health-care debate 
     is how steady public opinion has remained. Despite repeated 
     and intense sales efforts by the president and his allies in 
     Congress, most Americans consistently oppose the plan that 
     has become the centerpiece of this legislative season.
       In 15 consecutive Rasmussen Reports polls conducted over 
     the past four months, the percentage of Americans that oppose 
     the plan has stayed between 52% and 58%. The number in favor 
     has held steady between 38% and 44%.
       The dynamics of the numbers have remained constant as well. 
     Democratic voters strongly support the plan while Republicans 
     and unaffiliated voters oppose it. Senior citizens--the 
     people who use the health-care system more than anybody else 
     and who vote more than anybody else in mid-term elections--
     are more opposed to the plan than younger voters. For every 
     person who strongly favors it, two are strongly opposed.
       Why can't the president move the numbers? One reason may be 
     that he keeps talking about details of the proposal while 
     voters are looking at the issue in a broader context. Polling 
     conducted earlier this week shows that 57% of voters believe 
     that passage of the legislation would hurt the economy, while 
     only 25% believe it would help. That makes sense in a nation 
     where most voters believe that increases in government 
     spending are bad for the economy.
       When the president responds that the plan is deficit 
     neutral, he runs into a pair of basic problems. The first is 
     that voters think reducing spending is more important than 
     reducing the deficit. So a plan that is deficit neutral with 
     a big spending hike is not going to be well received.
       But the bigger problem is that people simply don't trust 
     the official projections. People in Washington may live and 
     die by the pronouncements of the Congressional Budget Office, 
     but 81% of voters say it's likely the plan will end up 
     costing more than projected. Only 10% say the official 
     numbers are likely to be on target.
       As a result, 66% of voters believe passage of the 
     president's plan will lead to higher deficits and 78% say 
     it's at least somewhat likely to mean higher middle-class 
     taxes. Even within the president's own political party there 
     are concerns on these fronts.
       A plurality of Democrats believe the health-care plan will 
     increase the deficit and a majority say it will likely mean 
     higher middle-class taxes. At a time when voters say that 
     reducing the deficit is a higher priority than health-care 
     reform, these numbers are hard to ignore.
       The proposed increase in government spending creates 
     problems for advocates of reform beyond the perceived impact 
     on deficits and the economy.
       Fifty-nine percent of voters say that the biggest problem 
     with the healthcare system is the cost: They want reform that 
     will bring down the cost of care. For these voters, the 
     notion that you need to spend an additional trillion dollars 
     doesn't make sense. If the program is supposed to save money, 
     why does it cost anything at all?
       On top of that, most voters expect that passage of the 
     congressional plan will increase the cost of care at the same 
     time it drives up government spending. Only 17% now believe 
     it will reduce the cost of care.
       The final piece of the puzzle is that the overwhelming 
     majority of voters have insurance coverage, and 76% rate 
     their own coverage as good or excellent. Half of these voters 
     say it's likely that if the congressional health bill becomes 
     law, they would be forced to switch insurance coverage--a 
     prospect hardly anyone ever relishes. These numbers have 
     barely moved for months: Nothing the president has said has 
     reassured people on this point.
       The reason President Obama can't move the numbers and build 
     public support is because the fundamentals are stacked 
     against him. Most voters believe the current plan will harm 
     the economy, cost more than projected, raise the cost of 
     care, and lead to higher middle-class taxes.
       That's a tough sell when the economy is hurting and people 
     want reform to lower the cost of care. It's also a tough sell 
     for a president who won an election by promising tax cuts for 
     95% of all Americans.

  Mr. ALEXANDER. Madam President, I ask unanimous consent that the 
Senator from Wyoming be allowed to lead the colloquy in our remaining 
time.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. McCAIN. Madam President, may I ask the Senator from Wyoming if is 
he aware of a letter written to House leadership, representing, I 
believe, 85,000 physicians who oppose this legislation?

[[Page 3191]]


  Mr. BARRASSO. I am not aware of that article, but I look forward to 
hearing about it from my colleague from Arizona.
  Mr. McCAIN. Let me quote a little for my colleague, Dr. Barrasso:

       The undersigned state and national specialty medical 
     societies--representing more than 85,000 physicians and the 
     millions of patients they serve--are writing to oppose 
     passage of the ``Patient Protection and Affordable Care 
     Act.'' The changes that were recently proposed by President 
     Obama do not address our many concerns with this legislation, 
     and we therefore urge you to draft a more patient-centered 
     bill that will reform the country's flawed system for 
     financing healthcare, while preserving the best healthcare in 
     the world.

  At this point, I want to ask my friend, the doctor, isn't it true 
that included in this legislation remains the so-called doc fix, and 
that there will be a 21-percent cut in doctors payments for treatment 
of Medicare enrollees? There is no one in America who believes that cut 
will actually be enacted, which then makes the comments by supporters 
of this bill false on their face--just that alone. I believe that is 
$371 billion; is that correct?
  Mr. BARRASSO. My colleague is absolutely correct. That is exactly 
what is happening. They call this a health care bill. It doesn't seem 
to address the major issues that patients across the country are 
concerned about. My colleague is absolutely right, we need a patient-
centered approach. It doesn't address the issue that doctors are 
concerned about, which is the issue of making sure a doctor and a 
patient can work together toward the best health for that patient.
  Doctors and patients alike are very much opposed to this bill. When 
Senator McCain talks about the doctor fix to make this bill work, they 
say they are going to cut doctors across the country 21 percent in what 
they get paid for taking care of patients who depend upon Medicare for 
their health care, and then keep that price frozen for the next 10 
years. That is the only way the Democrats can say, well, this actually 
saves money. In reality, in terms of health care in the country, it 
does not.
  This bill, if it passes, is going to end up costing patients more. It 
is going to interfere with the doctor-patient relationship. It is going 
to result in an America where people truly believe their personal 
care--and that is what people care about: What is in it for me? How 
will this bill affect me and my life and my children? If they are 
providing for adult care, how is it going to affect their parents? They 
believe the care they receive, in terms of the quality of care and the 
available care they receive, it is going to be worse. They believe it 
is going to end up costing more. That is why, in a recent poll this 
week, 57 percent of Americans say this plan, if it passes, will hurt 
the economy. We are at a time where we are at 9.7 percent unemployment 
in this country. People are looking for work, and the place people find 
jobs in this economy right now seems to be working for the government.
  For decades and decades, the engine that drives the economy of our 
Nation has been small businesses. That is who we rely upon to stimulate 
the economy and get job growth. That is who we should be relying on, 
not Washington, not the Federal Government. That is why 57 percent of 
Americans who are focused on the economy say we believe this economy 
will be hurt if this bill passes.
  People are focused on the debt and the cost, and 81 percent of 
Americans say it is going to cost more than estimated because of the 
fact, as Senator McCain has said, that doctors are going to be cut 21 
percent across the board and continue for the next 10 years with their 
Medicare fees. The people of America realize that is not going to work 
for health care. People are going to say how am I going to get to see a 
doctor? I am on Medicare. I want to see a doctor. That is why people 
believe Medicare in their own personal care is going to get worse if 
this bill passes.
  Then the President promised we are not going to raise taxes on 
anyone. Seventy-eight percent of Americans believe there will be 
middle-class tax hikes if this passes. That is why people are opposed 
to a bill that cuts $500 billion from Medicare for our seniors who 
depend on Medicare for their health care. It is not just cutting 
payments to doctors; it is to hospitals, to nursing homes where we have 
so many seniors across the country. It affects home health agencies, 
which is a lifeline for people who are at home, and keeps them out of 
the hospitals. They are even going to cut payments for people who are 
in hospice care, who are at the terminal point, who are in the final 
days of their life. They are cutting that out.
  All of these are reasons the American people say I am not for this 
bill and it is time to stop. Half of America says stop and start over. 
One in four says stop completely. Only one in four actually believes 
this is going to help. That is not a way to pass legislation in this 
country. That is not a way to find something the American people agree 
with. That is not the way to get successful implementation of a 
program. I spent 5 years in the Wyoming State Senate. On major pieces 
of legislation, we always sought broad bipartisan support because if 
you have broad bipartisan support, then people all around the community 
and the country would say this must be the right solution to a 
significant problem we are facing.
  We are facing a problem with health care in this country and we need 
health care reform. We just do not need this bill that cuts Medicare, 
raises taxes, and for the most part most Americans will tell you they 
believe their own personal care will suffer as a result of this bill 
becoming law. For whatever means or mechanism or parliamentary tricks 
are used to try to cram this bill through and cram it down the throats 
of the American people, the American people want to say no, thank you. 
They are saying it in a less polite way than just saying no, thank you. 
They are calling, they are showing up, they are turning out to tell 
their elected representatives that we do not want this bill under any 
circumstances. Let's get to the things we can agree upon and isolate 
those and pass those immediately, not an over-2,000-page bill that is 
loaded with new government rules and new government regulations and new 
government agencies and new government employees at a time when 10 
percent of Americans are unemployed and people are looking for work in 
communities around the country.
  One of the things I found so interesting and also distressing when 
the President says everyone will have coverage is he wants to do it by 
putting 15 million Americans on Medicaid. Having practiced medicine for 
25 years and seen all patients, regardless of ability to pay, I can 
tell you there are many doctors across the country who do not see 
Medicaid patients because what they receive in payment from the 
Government for seeing those patients is so little. Even the people at 
the Congressional Budget Office--who look at this health care bill with 
the cuts in Medicare and with so many people put on Medicaid--say one 
in five hospitals is going to be unable to stay open 10 years from now 
if this gets passed because they are not going to be able to even cover 
the expenses of staying open. The same applies to doctors' offices and 
to nursing homes.
  We need a program approach that is sustainable, not something like 
this, that we know is irresponsible and unsustainable. That is what we 
are going to do if we put 15 million more people on Medicaid by sending 
them a Medicaid card. But, as Senator Alexander has said, that is like 
giving somebody a bus ticket when a bus is not coming--because coverage 
does not always equal care.
  As a surgeon in Wyoming, I took care of people who came from Canada. 
They came to Wyoming from Canada for health care. They had coverage in 
Canada because Canada covers all the people, but they do not get care 
in Canada. That is why 33,000 Canadians last year came to the United 
States for surgery. Why? Because the waiting lines were so long in 
Canada. Even a Member of Parliament had cancer--and my wife is a breast 
cancer survivor--a Member of Parliament in Canada came to the United 
States for her cancer care because the survival rates for people 
treated in the United States are so

[[Page 3192]]

much better. Why are they better? It is more timely care.
  People come for artificial hip replacements because they do not want 
to wait in Canada. In Canada, come Halloween--it is called trick-or-
treat medicine--they have spent the amount of money they are going to 
spend on a procedure, whether it is cataract surgery or total joint 
replacement, and they say: OK, we are done. Wait until next year. Go 
get in line again.
  I hear it time and time again in patients who come from Canada to the 
United States because they have coverage but they do not have care.
  Then we look at Medicaid and Medicare and we look at the model the 
President has lifted up as the one that is a good model for health care 
in America, and he pointed to the Mayo Clinic, which is a wonderful 
place with wonderful care. Yet the Mayo Clinic in Arizona said we can't 
take more Medicare patients. They said we have to limit the number of 
Medicaid patients we take. Why? Because, by taking care are of those 
patients in the past, the Mayo Clinic has said they have lost hundreds 
and hundreds of millions of dollars because Washington is the biggest 
deadbeat payer of all for health care.
  When it comes to actually rejecting patients' claims, the No. 1 
rejecter of claims in this country is Medicare. The highest percentage 
of claims rejected is Medicare, over other insurance companies. Having 
practiced medicine for 25 years, I have fought with Medicare and I 
fought with insurance companies, all on behalf of patients. When you 
are fighting with an insurance company you can always actually appeal 
that if they reject it. It is very hard to fight with Washington.
  This health care bill we have been debating in the Senate and is now 
before the House is the one where the American people say don't make me 
live under this. Don't cut my Medicare. Don't raise my taxes. Don't 
interfere with my relationship with my doctor. Don't make it tougher 
for me to get care. Don't lessen the quality of that care.
  I ask how much time I have remaining.
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  Mr. BARRASSO. Madam President, I yield the floor and suggest the 
absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BARRASSO. Madam President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. BARRASSO. Madam President, I ask unanimous consent to have 
printed in the Record the letter that Senator McCain referenced from 
the 85,000 doctors across the country opposing the bill.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                   March 10, 2010.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
     Hon. John Boehner,
     Minority Leader, House of Representatives,
     Washington, DC.
       Dear Speaker Pelosi and Minority Leader Boehner: The 
     undersigned state and national specialty medical societies--
     representing more than 85,000 physicians and the millions of 
     patients they serve--are writing to oppose passage of the 
     ``Patient Protection and Affordable Care Act'' (H.R. 3590) by 
     the House of Representatives. The changes that were recently 
     proposed by President Obama do not address our many concerns 
     with this legislation, and we therefore urge you to draft a 
     more patient-centered bill that will reform the country's 
     flawed system for financing healthcare, while preserving the 
     best healthcare in the world. While we agree that the status 
     quo is unacceptable, shifting so much control over medical 
     decisions to the federal government is not justified and is 
     not in our patients' best interest. We are therefore united 
     in our resolve to achieve health system reform that empowers 
     patients and preserves the practice of medicine--without 
     creating a huge government bureaucracy.
       There are a number of problems associated with H.R. 3590 as 
     passed by the Senate in December, including:
       The bill undermines the patient-physician relationship and 
     empowers the federal government with even greater authority. 
     Under the bill: 1) employers would be required to provide 
     health insurance or face financial penalties; 2) health 
     insurance packages with government-prescribed benefits will 
     be mandatory; 3) doctors would be forced to participate in 
     the flawed Physician Quality Reporting Initiative (PQRI) or 
     face penalties for nonparticipation; and 4) physicians would 
     have to comply with extensive new reporting requirements 
     related to quality improvement, case management, care 
     coordination, chronic disease management, and use of health 
     information technology.
       The bill is unsustainable from a financial standpoint. It 
     significantly expands Medicaid eligibility--shifting 
     healthcare costs to physicians who are already paid below the 
     cost of delivering care and to the states that are already 
     operating under severe budget constraints.
       Largely unchecked by Congress or the courts, the federal 
     government would have unprecedented authority to change the 
     Medicare program through the new Independent Payment Advisory 
     Board and the new Center for Medicare & Medicaid Innovation. 
     Specifically, these entities could arbitrarily reduce 
     payments to physicians for valuable, life-saving care for 
     elderly patients--reducing treatment options in a dramatic 
     way. Medicare payment policy requires a broad and thorough 
     analysis, and leaving these payment policy decisions in the 
     hands of an unelected, unaccountable government body with 
     minimal Congressional oversight will negatively impact the 
     availability of quality healthcare for Americans.
       The bill is devoid of proven medical liability reform 
     measures that have been shown to reduce costs in demonstrable 
     ways. Instead, it merely includes a grant program to 
     encourage states to test alternatives to the current civil 
     litigation system. We have ample evidence--as was recently 
     confirmed by the Congressional Budget Office (CBO)--that 
     reforms such as those adopted by California, Georgia and 
     Texas decrease costs and improve patient access to care. 
     Given the fact that costs remain a significant concern, 
     Congress should enact a comprehensive set of tort reforms, 
     which will save the federal government at least $54 billion 
     over 10 years. These savings could help offset increased 
     health insurance premiums which, according to the CBO, are 
     expected to increase under the bill or other costs of the 
     bill.
       Our concerns about this legislation also extend to what is 
     not in the bill. Two important issues include:
       The right to privately contract is a touchstone of American 
     freedom and liberty. Patients should have the right to choose 
     their doctor and negotiate fee arrangements for those 
     services without penalty. Current Medicare patients are 
     denied that right. By guaranteeing all patients the right to 
     privately contract with their physicians--without penalty--
     patients will have greater access to physicians and the 
     government will have budget certainty. Nothing in the Patient 
     Protection and Affordable Care Act addresses these 
     fundamental tenets, which we believe are essential components 
     of real health system reform.
       For healthcare reform to be successful, Medicare's 
     Sustainable Growth Rate (SGR) must be permanently repealed--
     something the Senate bill fails to do. The SGR needs to be 
     replaced by a new system that also establishes realistic 
     baseline for physician services. The CBO has confirmed that a 
     significant reduction in physicians' Medicare payments will 
     reduce beneficiaries' access to services.
       We are at a critical moment in history. America's 
     physicians deliver the best medical care in the world, yet 
     the systems that have been developed to finance the delivery 
     of that care to patients have failed. With congressional 
     action upon us, we are at a crossroads. One path accepts as 
     ``necessary'' a substantial increase in federal government 
     control over how medical care is delivered and financed. We 
     believe the better path is one that allows patients and 
     physicians to take a more direct role in their healthcare 
     decisions. By encouraging patients to own their health 
     insurance policies and by allowing them to freely exercise 
     their right to privately contract with the physician of their 
     choice, healthcare decisions will be made by patients and 
     physicians and not by the government or other third party 
     payers.
       We urge you to change the direction of the current reform 
     efforts for the sake of our patients and our profession. We 
     have a prescription for reform that will work for all 
     Americans, and we are happy to share these solutions with you 
     to improve our nation's healthcare system.
       Thank you for considering our views.
           Sincerely,
         Medical Association of the State of Alabama; Medical 
           Society of Delaware; Medical Society of the District of 
           Columbia; Florida Medical Association; Medical 
           Association of Georgia; Kansas Medical Society; 
           Louisiana State Medical Society; Missouri State Medical 
           Association; Medical Society of New Jersey; South 
           Carolina Medical Association; American Academy of 
           Facial Plastic and Reconstructive Surgery;

[[Page 3193]]

           American Association of Neurological Surgeons; American 
           Society of Breast Surgeons; American Society of General 
           Surgeons; Congress of Neurological Surgeons;Daniel H. 
           Johnson, Jr., MD, AMA President 1996-1997; Donald J. 
           Palmisano, MD, JD, FACS, AMA President 2003-2004; 
           William G. Plested III, MD, FACS, AMA President 2006-
           2007.

  Mr. BARRASSO. I yield the floor and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. MERKLEY. Madam President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                        REMEMBERING BEN WESTLUND

  Mr. MERKLEY. Madam President, I rise today to honor my colleague and 
my good friend, Oregon's State treasurer, Ben Westlund, who passed away 
this last Sunday after a protracted battle with lung cancer. A true 
independent voice in Oregon politics, Ben entered the legislature to 
improve the lives of all Oregonians and he remained committed to that 
cause.
  I first met him in 1997 when I was working for the World Affairs 
Council and went down to talk to the legislature about education in 
Oregon. I was fortunate to start serving with him 2 years later, in 
1999. Ben was an unwavering advocate for affordable and available 
health care. He helped stabilize Oregon's college savings plan. He 
increased the State's credit rating. Over the years, I worked with Ben 
on many issues, including setting up Oregon's Rainy Day Fund, a savings 
account to protect Oregon's solvency and critical programs when the 
economy turned down. I also worked with my friend Ben Westlund to 
create Individual Development Accounts to help empower low-income 
families. It is a savings program matched by grants that help families 
buy homes, start small businesses, return to college--pathways from 
poverty into middle class.
  It speaks to Ben's belief in helping families succeed that he took a 
lead role in that program.
  Ben's political affiliations ranged at times from Republican to 
Independent to Democrat. But no matter what party he belonged to, his 
focus first and foremost was always on creating a better Oregon.
  In 2003, Ben gave one of the most passionate and moving speeches I 
have ever witnessed in my life. He gave his speech shortly after being 
diagnosed with cancer. He was not sure he would return to the 
legislature, and he wanted us to know we could not retreat in the face 
of the challenge of passing reforms for affordable and quality health 
care. He knew it was an enormous challenge, but he took his personal 
story and turned it to the cause. His work ethic was unmatched. Ben was 
working as recently as just last week. It was an honor to serve with 
Ben in the Oregon Legislature and to consult with him as he took on new 
challenges as Oregon's treasurer.
  If you knew Ben, you knew he was gregarious. He lit up the room. 
Every moment, his enthusiasm for improving our State and our world was 
inspiring. I will miss him. I am sure his passion and his presence will 
be missed throughout our State, and I know all Oregonians join me today 
in honoring the legacy of Ben Westlund.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Oregon.
  Mr. WYDEN. Madam President, my colleague and friend, Senator Merkley, 
has spoken very eloquently about Ben Westlund, and I wanted to echo 
those thoughts and reflect on Ben's special and unique style and 
warmth.
  All of us who have been around government and politics know the 
challenge of the early-morning meeting. Folks are a little bit sleep-
deprived, they are looking for coffee, and maybe they are just trying 
to keep their eyes open at 7:30 or 8 a.m. Senator Merkley and I want to 
tell you a little bit about how Ben Westlund handled those meetings. 
Ben Westlund was able to master, like everything else, the challenge of 
the early-morning meeting in government. I am sure Senator Merkley 
remembers that even at that early hour, Ben Westlund would bound to the 
podium--would not walk, he would bound to the podium--and at the top of 
his lungs, Ben Westlund would shout: Good morning, Oregon. Good 
morning, folks. How are you doing? And within a matter of seconds, as 
Senator Merkley remembers, the entire room would be smiling and 
everybody would feel like attacking the challenge of the day. That was 
Ben Westlund.
  As Senator Merkley noted, he was always on the offensive against 
injustice, always speaking out, for example, on health care.
  Ben Westlund lived his life in full view. He shared his battle with 
cancer with his colleagues in the State legislature because he wanted 
everybody to know what it was like to try to wrestle with an illness.
  He always made the point that he had all of these friends. One of our 
colleagues, Alan Bates, for example, was there for Ben, and Ben would 
always say: What would it have been like without Alan Bates? I have so 
many advantages other people did not have. And that was Ben, always 
sticking up for others.
  He and I were trading calls before he passed--I think Senator Merkley 
will identify with this--because I think Ben was prepared to give me 
heck, and maybe a little stronger, on a couple of the provisions in the 
tax legislation that I just introduced with Senator Gregg. Ben was our 
treasurer. He had mastered the Tax Code in and out. I was trying to 
reach him because I knew that, invariably, Ben Westlund would be right, 
he would give us good input, and his thoughts would come directly from 
the people of Oregon. That was Ben Westlund.
  Both of Oregon's U.S. Senators are going to deeply miss this 
wonderful man, his good counsel, and his companionship. We wanted to 
take a couple of minutes this morning to note that Oregon has lost a 
special person, a special person who did so much for our State and did 
a lot for our country as well.
  I yield the floor, and I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DORGAN. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. DORGAN. I ask unanimous consent to speak in morning business for 
such time as I may consume.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                          FAA REAUTHORIZATION

  Mr. DORGAN. I assume we will report the FAA reauthorization bill 
shortly, and I believe Senator Rockefeller will be on his way. He is 
chairing the Commerce Committee hearing right now. I will go over and 
chair the hearing in his stead when he comes to the floor.
  Prior to bringing the bill to the floor today or prior to making it 
the order of the day, let me just speak in morning business before we 
get to the bill.
  I wanted to talk just for a minute. Yesterday, I talked about what is 
in the FAA reauthorization bill. Much of what we will discuss today is 
about commercial aviation--getting on an airliner someplace and flying 
across the country or across the world. But I wanted to mention that 
there is another component to this, and that is what is called general 
aviation.
  General aviation is a very large and increasingly important component 
of air travel in this country. In a State such as my home State of 
North Dakota, which is a very large State and one that does not have a 
great deal of interstate commercial airline service, the use of private 
planes is very prevalent, and general aviation plays a very significant 
role in our economy.
  I learned to fly many years ago. I am not a current pilot at all. I 
was not even very good at it, I don't think. But

[[Page 3194]]

I learned to fly and got out of the airplane one day, when the 
instructor said: You are ready. And I took off and wore this metal suit 
with an engine attached and got up about 5,000 or 6,000 feet and 
practiced stalls, steep turns, and the things that you do. So I 
understand a little about flying an airplane. It is an extraordinary 
thing.
  The private pilots who have an airplane in their hangar out on the 
farm or in a town and the small business man or woman who has a Cessna 
210 or perhaps a Cirrus or a Piper or any number of other small 
airplanes, single-engine, twin-engine, use those planes every day in 
every way for very important purposes--to travel around the State and 
the country to do commerce, to haul parts, to haul people. It is a very 
significant contribution to our economy. It is estimated that $150 
billion annually is added to our economy by general aviation. It is 
also estimated that there are about 1.2 million jobs in America from 
general aviation.
  I know the thoughts people have about general aviation are 
immediately to go to: OK, here is a big corporation flying a G-5 and 
sipping Cristal and eating strawberries dipped in chocolate, flying 
across the country. The fact is, big corporations do have airplanes 
that move their executives around. In most cases, they do that because 
they want to be at a meeting in Los Angeles in the morning and in 
Dallas in the afternoon and an evening meeting in New York. The only 
way they do that is through the use of private planes. It makes them 
much more effective and much more efficient. I understand that.
  But much more than the large corporate jet that is flying people 
around this country, it is the smaller planes of general aviation that 
are used in all of our States in many ways across this country. You 
know, it is true that, yes, the corporate planes and the smaller 
private planes in general aviation every day are flying organ 
transplants around, flying hearts and so on around to be transplanted 
at a hospital; to reunite combat troops with their families; to take 
someone for cancer treatment, to an urgent appointment with a cancer 
specialist. All of that is the case. I understand that.
  So what I wanted to say is that the use of general aviation and the 
extensive impact it has on our economy is something we also should 
discuss and describe in this bill. The legislation we have created has 
things that are so important to all of aviation--yes, commercial 
aviation, but to general aviation and to private pilots as well.
  The investment, for example, in airport infrastructure, the building 
of and maintaining of runways in communities that don't have scheduled 
airline service but do have a lot of activity with private pilots 
flying in and out is very important. The general aviation portion is 
important. Six hundred general aviation airplanes have now brought 
fresh doctors, relief services, workers, equipment, and supplies to the 
country of Haiti. Six hundred private airplanes have flown in and 
landed at airports--in most cases, airstrips--other than the airstrip 
at Port-au-Prince. That is a story that needs to be told. I have great 
admiration for the pilots, particularly the older pilots who have been 
around and used to fly those airplanes when there weren't many rules. 
They kind of chafe at the rules. When you meet with pilots, the older 
they are, the more they chafe at the fact that there are now rules 
because in the old days you would jump in an airplane and run off, and 
you could do almost anything.
  We do have rules and regulations and general aviation subscribes to 
them willingly and ably. It is an important part of our aviation 
system.
  I wish to mention as well Senator Rockefeller, chairman of the 
committee, is now in the Chamber, and I will chair the Commerce 
Committee hearing that is underway. I would like to take a couple 
minutes to retrace what I described yesterday. This legislation, the 
FAA Reauthorization Act, has been extended 11 times. Rather than 
passing the bill, we have extended it 11 times. Finally, at long last, 
with the leadership of Senator Rockefeller and Senator Hutchison and 
the work that I and Senator DeMint did on the Aviation Subcommittee, we 
have a bill on the floor, and we want to get it done. We want to get to 
conference and finally reauthorize FAA programs. We are talking about 
investment in infrastructure, jobs, aviation safety. All that is 
critically important. I have held a number of hearings now on the issue 
of aviation safety.
  The skies, particularly with respect to the record of commercial 
airlines, are very safe. We have a great record with respect to 
aviation safety. There is no question about that. But we are learning 
as well along the way from the last accident that occurred in this 
country that tragically killed 50 people, landing on a winter evening 
in icy conditions going into Buffalo, NY. I have held hearings on that. 
I have studied it. I have read the transcript of the cockpit voice 
recorder. I know a fair amount about the crash. What I know is pretty 
disconcerting. Let me describe a few things.
  That was a Dash 8 propeller airplane, flying in ice at night. The 
pilot had not slept in a bed for the two previous evenings. The copilot 
had not slept in a bed the previous evening. The copilot was a person 
earning somewhere between $20,000 and $23,000 a year, living in 
Seattle, and the work station was flying out of Newark.
  That copilot flew all the way from Seattle, deadheaded on a FedEx jet 
that landed in Memphis, flew all night to go to work at Newark. The 
pilot flew up from Florida in order to fly on that Colgan route. But 
you had two people in the cockpit, according to testimony, the captain 
of which had not slept in a bed. There was no record of his sleeping in 
a bed. He was in the crew lounge, where there is no bed. The captain 
hadn't slept in a bed for 2 days and the copilot for 1 day. They had 
inadequate training, with respect to stick shakers and other related 
issues. The fact is, there are a series of things that have now led us 
to understand that fatigue is an issue. There is a rulemaking on 
fatigue going on right now.
  Administrator Babbitt has now sent that to the Office of Management 
and Budget. That is important. Training is an issue, critically 
important.
  Commuting is an issue. I wish to put up this chart. This shows where 
Colgan pilots commute in order to go to work. They commute from all 
over the country to Newark. There clearly is a fatigue factor. There 
has to be some action taken on a range of these issues--training, 
fatigue, sterile cockpits, which were violated on this flight, training 
in icing, a whole series of things such as those. There is a most 
wanted list at the NTSB that has said: Here is what you must do. That 
most wanted list, for 15 or 18 years, has had icing and fatigue on that 
list, and the FAA has not taken appropriate action. I will speak more 
about this, but I do have to go spell Senator Kerry, who is now 
chairing the Commerce Committee.
  Senator Rockefeller, chairman of the committee is here, as is the 
Senator from Texas.
  I yield the floor and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. VITTER. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                               CIAP FUNDS

  Mr. VITTER. Madam President, I rise to speak about Vitter amendment 
No. 3458. I hope, by the time I wrap up, the Members leading the 
discussion on this bill will be prepared to make the bill pending so I 
may also make my amendment pending.
  This amendment is real simple. It is about the Coastal Impact 
Assistance Program, CIAP, which was established in the Energy Policy 
Act of 2005. This program is very important for energy-producing 
States. It takes some revenue from that energy production and leaves it 
in those States to deal with the impacts of energy production. The 
problem is, that funding was supposed

[[Page 3195]]

to be distributed to these States from 2007 to 2010. The entirety of it 
was supposed to be distributed by and through this year. But that has 
not been happening at all because MMS has added an additional 
bureaucratic layer to getting funding out beyond that which was talked 
about and established in the statute.
  My amendment is simple. It would get rid of that bureaucratic layer. 
It would still retain oversight. It would still retain all the 
protections of the statute, but it would streamline the process so this 
funding actually gets out to the States as intended. It is way behind. 
Rather than 100 percent being distributed to the States by this year, 
they have only distributed 15 percent. Obviously, we are way behind the 
8 ball. We would accelerate that. Because this funding has already been 
allocated, this amendment does not cost anything, does not score. This 
is the same money that was allocated through the CIAP in the Energy 
Policy Act of 2005.
  This streamlines the process. This helps us get back on track in 
terms of distributing that vital money to coastal States. It doesn't 
cost anything because all that money was supposed to be distributed by 
this year anyway. This is important.
  One of the crucial areas the Coastal Impact Assistance Program can 
help with in my State is related to hurricanes, all sorts of uses--
mitigation, emergency preparedness, hurricane evacuation routes related 
to hurricanes.
  Yesterday, hurricane forecasters predicted, unfortunately, that 2010 
is going to be a very severe hurricane season. We are preparing for 
that in any way we can. The fact that this CIAP funding has been 
blocked, has not gone to the coastal States, is a real problem in that 
regard. We need to do better. This amendment streamlines the process so 
we can do better.
  This amendment also retains the oversight mechanism in the underlying 
bill. As the plain language of CIAP in the bill says, if the Secretary 
determines that any expenditure made by a producing State is not 
consistent with the underlying plan, then the State may not be 
disbursed any further funds until repayment of the unauthorized use of 
already obligated funds. Clearly, there is that mechanism for complete 
accountability.
  In addition, a State CIAP plan has to be approved to begin with by 
MMS, and that has already occurred. This gets back to the intent of the 
statute. It gets back to the timeline of the statute. It streamlines 
that process so we can get on with it. One hundred percent of these 
funds were supposed to be distributed by 2010 and, instead, we are at 
the 15 percent mark. That is simply not good enough when important use 
of this money is planned on by vulnerable States such as Louisiana.
  I yield the floor.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Morning business is closed.

                          ____________________




          TAX ON BONUSES RECEIVED FROM CERTAIN TARP RECIPIENTS

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of H.R. 1586, which the clerk will 
report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 1586) to impose an additional tax on bonuses 
     received from certain TARP recipients.

  Pending:

       Rockefeller amendment No. 3452, in the nature of a 
     substitute.
       Sessions/McCaskill amendment No. 3452 (to amendment No. 
     3452), to reduce the deficit by establishing discretionary 
     spending caps.
       Lieberman amendment No. 3456 (to amendment No. 3452), to 
     reauthorize the DC opportunity scholarship program.


                Amendment No. 3458 to Amendment No. 3452

  The ACTING PRESIDENT pro tempore. The Senator from Louisiana.
  Mr. VITTER. Madam President, I ask unanimous consent to set aside any 
pending business and to call up Vitter amendment No. 3458.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Louisiana [Mr. Vitter] proposes an 
     amendment numbered 3458 to amendment No. 3452.

  Mr. VITTER. I ask unanimous consent that reading of the amendment be 
dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

 (Purpose: To clarify application requirements relating to the coastal 
                       impact assistance program)

       At the end of title VII, add the following:

     SEC. 7__. COASTAL IMPACT ASSISTANCE PROGRAM AMENDMENTS.

       Section 31 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1356a) is amended--
       (1) in subsection (c), by adding at the end the following:
       ``(5) Application requirements; availability of funding.--
     On approval of a plan by the Secretary under this section, 
     the producing State shall--
       ``(A) not be subject to any additional application or other 
     requirements (other than notifying the Secretary of which 
     projects are being carried out under the plan) to receive the 
     payments; and
       ``(B) be immediately eligible to receive payments under 
     this section.''; and
       (2) by adding at the end the following:
       ``(e) Funding.--
       ``(1) Environmental requirements.--A project funded under 
     this section that does not involve wetlands shall not be 
     subject to environmental review requirements under Federal 
     law.
       ``(2) Cost-sharing requirements.--Any amounts made 
     available to producing States under this section may be used 
     to meet the cost-sharing requirements of other Federal grant 
     programs, including grant programs that support coastal 
     wetland protection and restoration.''.

  Mr. VITTER. I have already discussed my amendment.
  I yield the floor.


                Amendment No. 3454 to Amendment No. 3452

  The ACTING PRESIDENT pro tempore. The Senator from South Carolina.
  Mr. DeMINT. Madam President, I ask unanimous consent to temporarily 
set aside the pending amendment so I may call up my amendment No. 3454, 
which is at the desk.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from South Carolina [Mr. DeMint] proposes an 
     amendment numbered 3454 to amendment No. 3452. Mr. DeMINT. I 
     ask unanimous consent that reading of the amendment be 
     dispensed with.

  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

(Purpose: To establish an earmark moratorium for fiscal years 2010 and 
                                 2011)

       At the appropriate place, insert the following:

     SEC. ___. FISCAL YEARS 2010 AND 2011 EARMARK MORATORIUM.

       (a) Bills and Joint Resolutions.--
       (1) Point of order.--It shall not be in order to--
       (A) consider a bill or joint resolution reported by any 
     committee that includes an earmark, limited tax benefit, or 
     limited tariff benefit; or
       (B) a Senate bill or joint resolution not reported by 
     committee that includes an earmark, limited tax benefit, or 
     limited tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the bill or joint resolution 
     shall be returned to the calendar until compliance with this 
     subsection has been achieved.
       (b) Conference Report.--
       (1) Point of order.--It shall not be in order to vote on 
     the adoption of a report of a committee of conference if the 
     report includes an earmark, limited tax benefit, or limited 
     tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the conference report shall 
     be returned to the calendar.
       (c) Floor Amendment.--It shall not be in order to consider 
     an amendment to a bill or joint resolution if the amendment 
     contains an earmark, limited tax benefit, or limited tariff 
     benefit.
       (d) Amendment Between the Houses.--
       (1) In general.--It shall not be in order to consider an 
     amendment between the Houses if that amendment includes an 
     earmark, limited tax benefit, or limited tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the

[[Page 3196]]

     amendment between the Houses shall be returned to the 
     calendar until compliance with this subsection has been 
     achieved.
       (e) Waiver.--Any Senator may move to waive any or all 
     points of order under this section by an affirmative vote of 
     two-thirds of the Members, duly chosen and sworn.
       (f) Definitions.--For the purpose of this section--
       (1) the term ``earmark'' means a provision or report 
     language included primarily at the request of a Senator or 
     Member of the House of Representatives providing, 
     authorizing, or recommending a specific amount of 
     discretionary budget authority, credit authority, or other 
     spending authority for a contract, loan, loan guarantee, 
     grant, loan authority, or other expenditure with or to an 
     entity, or targeted to a specific State, locality or 
     Congressional district, other than through a statutory or 
     administrative formula-driven or competitive award process;
       (2) the term ``limited tax benefit'' means any revenue 
     provision that--
       (A) provides a Federal tax deduction, credit, exclusion, or 
     preference to a particular beneficiary or limited group of 
     beneficiaries under the Internal Revenue Code of 1986; and
       (B) contains eligibility criteria that are not uniform in 
     application with respect to potential beneficiaries of such 
     provision; and
       (3) the term ``limited tariff benefit'' means a provision 
     modifying the Harmonized Tariff Schedule of the United States 
     in a manner that benefits 10 or fewer entities.
       (g) Fiscal Years 2010 and 2011.--The point of order under 
     this section shall only apply to legislation providing or 
     authorizing discretionary budget authority, credit authority 
     or other spending authority, providing a federal tax 
     deduction, credit, or exclusion, or modifying the Harmonized 
     Tariff Schedule in fiscal years 2010 and 2011.
       (h) Application.--This rule shall not apply to any 
     authorization of appropriations to a Federal entity if such 
     authorization is not specifically targeted to a State, 
     locality or congressional district.

  Mr. DeMINT. Madam President, my amendment is cosponsored by Senators 
McCain, Graham, Coburn, Grassley, LeMieux, and Feingold. An identical 
bill has 16 cosponsors, including Senators Burr, Chambliss, Cornyn, 
Crapo, Ensign, Isakson, Johanns, Kyl, McCaskill, Risch, Sessions, and a 
number of others.
  This is an amendment for a 1-year moratorium on earmarks. The fact 
that we are even having this debate shows how out of touch Congress is 
with the American people. I have had a chance over the last week to 
speak to thousands of Americans in several States, and all you have to 
do to get them on their feet cheering is say: The time for excuses and 
explanations is over. It is time to end the practice of earmarking. And 
people will stand up, people of both parties. They understand earmarks 
are the most offensive form of government spending. They are wasteful 
porkbarrel projects delivered by lawmakers to curry favor with small 
constituencies back home and special interest groups. We have heard the 
excuses for years. But it is time to end this practice.
  I have introduced this bill before. At the time President Obama was 
running for President of the United States, he flew back to Washington 
to vote on it. He cosponsored the bill with me. He essentially said: 
The era of earmarks is over. I think we will see, as I talk a little 
bit more, that is the opposite of what is true.
  We have all heard of the crazy earmarks that have been brought up--
the infamous ``bridge to nowhere.'' We have things that sound so 
ridiculous that people do not even believe it is true--the tattoo 
removal earmark, the Totally Teen Zone earmark, and the midnight 
basketball earmark. You go through the list and you say, how does this 
make sense in light of the fact that the same people who are asking for 
these earmarks come onto this floor, onto the House floor, and in the 
White House and say: Our debt is unsustainable. It is a crisis. We 
cannot continue to spend and borrow and create debt. Yet I need $1 
million for tattoo removal or a bridge to nowhere or a local museum.
  The American people are onto us. They know it makes absolutely no 
sense for us to focus so much time and energy on parochial earmarks for 
our press releases rather than working on the issues of our country, 
the general welfare of our Nation.
  All of these projects add up. Last year alone, according to the 
Congressional Research Service, President Obama--who said he would not 
sign bills with earmarks--signed bills with 11,320 earmarks, totaling 
$32 billion for the last fiscal year. That is an increase from the 
$28.8 billion in earmarks in fiscal year 2008 and the $30 billion in 
earmarks in fiscal year 2009. Big and small, these earmarks are adding 
up and are causing our budget to balloon out of control, and they are 
saddling our children with an overwhelming debt.
  Beyond just the inherit wastefulness of earmarks themselves is the 
effect they have on spending. Quite simply, they grease the skids for 
the wasteful spending that is bankrupting our country--the ``Cornhusker 
kickback'' being a case study at the top of the list right now.
  Fortunately, it seems we are making some progress, some headway in 
putting an end to the favor factory we call earmarks here in 
Washington. Just this week, Roll Call reported that Speaker Pelosi is 
considering an earmark moratorium. Additionally, just this morning, the 
House Republican Conference unilaterally declared a moratorium on 
earmarks. This is an exciting first step, and I commend the Republican 
leadership in the House and all of their Members for taking a stand on 
behalf of the American people on this issue that is so clear and 
obvious to everyone except many here in Washington.
  It is time for the Senate to lead and demand that we stop this 
wasteful earmark spending. Keep in mind, I am not asking that we end 
the practice forever but to take a 1-year timeout while we try to 
figure out how to create a system that is within the scope of the 
Constitution, within the general welfare of our country, and does not 
turn this Federal Government into some kind of sponsorship of many 
local projects.
  My amendment will do just that. It is very simple. It puts an end to 
earmarking by prohibiting the consideration of any bill, joint 
resolution, conference report, or message between the Houses that 
contains earmarks. And we use the same definition currently in the 
Senate rules of what an earmark is. We require a two-thirds 
supermajority to waive the rules. So if there is some kind of emergency 
where we have to designate spending, we can do it if there is a 
consensus here.
  President Obama, as I said, highlighted the need for this amendment 
when he cosponsored the identical language in 2008. He rightly stated:

       We can no longer accept a process that doles out earmarks 
     based on a member of Congress' seniority, rather than the 
     merit of the project.

  Despite his support and election, the problem has not gotten any 
better. Citizens Against Government Waste, in their 2009 Pig Book, 
pointed out:

       While the number of specific projects declined by 12.5 
     percent, from 11,610 in fiscal year 2008 to 10,160 in fiscal 
     year 2009, the total tax dollars spent to fund them increased 
     by 14 percent, from $17.2 billion to $19.6 billion.

  A lot of my colleagues will say: Jim, you are making a big deal out 
of nothing. Really $20 billion or $30 billion is such a small part of 
our budget that you shouldn't make an issue of it. But this is like 
saying an engine is a small part of a train. If you want to look at 
what is pulling through the bad policy and the overspending, all you 
have to do is look at earmarks.
  So we continue the same type of wasteful projects since President 
Obama spoke these words, and we need to stop it. And we can stop it. My 
amendment will put these kinds of things to an end--at least for a year 
while we look at it. What will immediately happen if we do this? We 
hear the argument here: If we do not designate spending here in 
Congress, the executive branch will. But the first thing we would do, 
if we turned off our own earmark spigot, is every appropriations bill 
would require that the administration only spend money according to 
nonpreferential formulas or to merit-based competitive grants. We could 
bring an end to earmarking in the executive branch as well as in 
Congress and focus the attention on the Federal Government on true 
national interests rather than what we have now, which is nearly 535 
Congressmen and Senators who think it is their job

[[Page 3197]]

to come to Washington to get money for their States and congressional 
districts. If you want to know what happens if we allow that to happen, 
you can look at what is going to be at the end of this year: $14 
trillion in debt--when people see the Federal Government as a cow to 
milk rather than having a constitutional oath we need to keep.
  The time for excuses is over. Enough is enough. We are not here to 
get money for our States; we are here to fulfill our oath of office to 
protect and defend the Constitution that would not allow money for 
local bridges and local roads and local museums. All of these are good 
projects, and many of them are very necessary, but that is not the 
purpose of the Federal Government.
  Again, I commend the Republican leadership in the House for taking a 
bold stand against the practice of earmarks. I challenge my colleagues, 
Republicans and Democrats, to vote for this bill President Obama 
cosponsored and many here voted for so we can show America we are 
listening, we understand that perception is reality, and the corruption 
that takes place, the vote-buying with earmarks--the ``Cornhusker 
kickback'' and ``Louisiana purchase'' and all this we have heard 
about--that we are going to end at least for 1 year while we prove to 
the American people we can break this addiction to spending.
  So, again, the amendment number is 3454. I encourage my colleagues to 
support this amendment.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Texas.
  Mrs. HUTCHISON. Madam President, yesterday we made good progress on 
the bill that is the underlying bill, which is FAA reauthorization. It 
is in the interest of the traveling public that we start on the 
glidepath to passing this bill. We need to make progress on amendments. 
But I have to ask my colleagues on both sides of the aisle if they 
would be very careful about offering amendments that are not germane to 
this bill. The FAA reauthorization is not a legislative vehicle that 
can carry a lot of highly controversial provisions.
  The previous FAA reauthorization expired in 2007. Since then, we have 
passed 11 short-term extensions and we will be drafting the 12th in the 
next 2 weeks because the current extension expires at the end of this 
month. While another extension is likely inevitable, we have to go to 
the final bill and see if we have the opportunity to pass a final bill 
in the next 2 weeks.
  The repeated use of short-term FAA extensions does not provide the 
long-term stability and funding predictability we should be giving to 
our airports, the traveling public, and the airlines that are looking 
at what we are going to be doing with airports. We have to have a 
predictable roadmap if we are going to have a sound fiscal investment 
in our aviation infrastructure and, in turn, aviation safety.
  Senator Dorgan mentioned earlier today the many safety provisions 
that are in this bill in response to the Colgan Buffalo, NY, accident 
that happened last year, and they are very good provisions.
  There are some common themes we can all support throughout our 
country in this bill. It would improve safety-- safety of airlines, 
safety of pilots, safety of our traveling public, and especially in the 
area of human factors that have long been a challenge for this 
industry. The bill would modernize our antiquated air traffic control 
system and move us one step closer to an efficient and effective use of 
our national airspace. We are not up with many of the other countries 
around the world in the modernization of our air traffic control 
system. We are back in the 1960s in our technology. This bill would 
move us toward the satellite-based system that is much more reliable, 
much more efficient, and we need to move forward on it. But, again, 
since 2007 we have not been able to have a stabilized approach because 
we have been doing these short-term extensions. The bill would provide 
infrastructure funds for our vast national airport system, along with 
streamlining the approval process for airport projects. The bill would 
improve rural access to aviation and the economic opportunities that go 
along with air service. The bill would provide the foundation for 
robust consumer protections and the disclosure of industry practices.
  I support most of the amendments I have heard being offered; I just 
do not support them on this bill. I hope we will take those up and have 
the ability to truly argue about those amendments and pass them, if 
possible. I just hope we will not jeopardize, once again, a permanent 
FAA reauthorization that is in the interest of every American who 
travels on airlines and who thinks it is important that we have 
airports for not only people moving but product moving. Our commerce 
depends on a good aviation system.
  I am going to urge my colleagues on both sides of the aisle to let us 
go to cloture on this bill, let us assure that the traveling public is 
going to be able to at least have a bill that will move us one step 
toward this.
  This bill is not an easy bill. My colleague, the distinguished 
chairman of the committee, knows we have hammered out a lot of 
differences already. But we have differences with the House on this 
bill as well. The Senate is in pretty much agreement on the 
fundamentals of what is in this bill on both sides of the aisle. And my 
colleague, Senator DeMint, who just offered an amendment, is actually 
the ranking member of the Subcommittee on Aviation, so he knows this 
bill is a good bill that has been hammered out, and it will be the 
Senate position.
  But extraneous amendments, regardless of our view on the amendment's 
substance, will kill this bill. I think it is in our best interests, 
and certainly our responsibility, to put this bill forward for the 
interests of the traveling public.
  I urge my colleagues to work with us to have the ability for their 
amendments to come up and be debated and voted on. I am going to 
support everything I have heard so far. But I hope we will keep this 
bill on aviation--on aviation security, on airport infrastructure, on 
modernization of our air traffic control system--because that is what 
our job is and that is what this bill is about.
  I hope our colleagues will come forward with their aviation-related 
amendments, of which there are several that are certainly worthy of our 
discussion, and let's move through those. But I hope we will limit the 
extraneous amendments and try to move this bill in an expeditious and 
commonsense way.
  Thank you, Madam President. I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from West Virginia.
  Mr. ROCKEFELLER. Madam President, just one word on what my 
distinguished colleague Senator Hutchison said.
  I completely and totally agree. This is kind of a feast, I guess, for 
some who want to bring all their frustrations about government and put 
them into the aviation authorization bill, but it is so frustrating 
because we have been working on this for so long. There have been 11 
delays on this when we were not able to go forward with anything. If 
they keep doing what they are doing with extraneous amendments, we have 
no hope for this bill.
  What they need to consider is that as they take down our bill, which 
is important for the Nation, they will take down their amendments, 
should they prevail, as well. So that doesn't make any sense.
  I am so proud, as always, of the Senator from Texas and her work to 
try to get rid of extraneous amendments, discourage those, and to work 
on Federal aviation. This is very important work.
  I know the Senator from Kansas wishes to speak, and I yield the 
floor.
  The ACTING PRESIDENT pro tempore. The Senator from Kansas.
  Mr. ROBERTS. Madam President, I rise today to join my colleagues in 
support of this bipartisan agreement. Yes, there is a bipartisan 
agreement in regard to this bill. It can be done. It has been reached 
by the Senate Finance and Commerce Committees on the reauthorization of 
the Federal Aviation Administration and Airport and Airway Trust Fund; 
i.e., the Rockefeller substitute amendment No. 3452.

[[Page 3198]]

  I thank Chairman Rockefeller for his leadership. He is right; we need 
to move this bill. He referred to the 11 times it has been delayed. I 
have been working on this bill for 4 years. I know he has been working 
very hard, very diligently, and we do have a workable compromise. I 
think it represents the true meaning of that word. It shows what is 
possible when we roll up our sleeves and go to work together. So 
special thanks to Chairman Baucus and Ranking Member Grassley and to 
Senator Rockefeller and all of his staff and all of Senator Baucus's 
staff, everybody's people who have been working on this.
  In 2006, at my invitation, then-Secretary of Transportation Mary 
Peters joined me and Congressman Tiahrt from the fourth district of 
Kansas, local officials, all sorts of representatives from the aviation 
businesses in Wichita, for a roundtable discussion about the importance 
of aviation to Kansas and to the country. We then toured Cessna's 
manufacturing lines to see firsthand an example of the great work of 
Kansans who build 50 percent of the world's general aviation aircraft. 
Reauthorizing the FAA and the Airport Airway Trust Fund is not only a 
top national priority to, obviously me, Senator Brownback, and the 
Kansas delegation, but a top Kansas priority.
  We tried to pass this bill 2 years ago, and at that time 40,000 
employees were in Wichita and the surrounding counties and they made 
their living building planes, manufacturing parts, and servicing 
aviation. Now, unfortunately, after delay and delay and delay due to 
the rough economic climate and conditions, that number has dropped to 
just over 25,000. That is a tremendous decrease with an awful lot of 
hurt for a lot of families in Kansas.
  Kansas is home to nearly 3,200 aviation and manufacturing businesses, 
including Cessna, Hawker-Beechcraft, Bombardier-Learjet, Boeing, 
Spirit, AeroSystems, Garmin, and Honeywell, to name a few. However, 
aviation isn't simply an economic engine in Kansas; it is part of our 
history, our way of life and, most importantly, part of our future. It 
is an example of our entrepreneurial spirit.
  Throughout this debate, I wish to point out that general aviation has 
been called to increase its contribution to the Airport and Airway 
Trust Fund to help pay for what everybody knows needs to happen: the 
modernization of our air traffic control system. All along the way, 
general aviation has stepped to the plate and agreed to help pay for 
the necessary increases to move our aviation infrastructure into next-
generation technology.
  I cannot recall a time when any industry has come to me and said, We 
want to help and we are willing to support an increase--65 percent, by 
the way--in our taxes to do so, but that is exactly what the general 
aviation community did. Their only request has been that they be able 
to pay through the current efficient and effective tax structure, the 
fuel tax. So the agreement reached between the Finance and the Commerce 
Committees respects this request and allows the general aviation 
community to be part of the modernization solution without creating a 
new bureaucracy or any additional redtape. This raises an additional 
$113 million dedicated to updating the air traffic control technology 
that will increase safety and decrease congestion. At the same time, 
our commercial airlines and passengers are held harmless from tax 
increases.
  So, again, I am pleased this agreement recognizes the value of both 
commercial aviation and general aviation to our Nation's transportation 
system. I realize there have been strong feelings on both sides of this 
debate for a considerable number of years.
  My goals as we drafted the bill were very clear: First, ensure that 
our air traffic control system is upgraded and remains safe for all 
passengers and aircraft. Secondly, protect the general aviation 
community and Kansas jobs which would have been threatened by a new 
user fee.
  This legislation represents the best of a bipartisan compromise and a 
real effort to make our skies safer. I am very proud to be a part of 
this compromise, as are tens of thousands of workers employed in Kansas 
in aviation manufacturing.
  Our State has always been and remains the air capital of the world, 
and under this agreement it will continue. I thank my colleagues for 
helping us to reach a compromise that will maintain our world standing.
  I am very hopeful the Senate will continue to work in this spirit of 
bipartisanship on this bill. Yesterday Senator Brownback in his 
remarks, Senator Rockefeller in his remarks just a while ago, and 
Senator Hutchison made these same comments. We need to move quickly to 
a conference committee and eventually have this bill signed into law 
before the current program expires. I know when a train moves, 
everybody wants to put their car on the train. However, let's try to 
keep extraneous amendments--I don't mind Senators at all talking about 
their concerns, whether it be education, gay marriage, or earmarks; and 
I would expect we would hear a lot of speeches on earmarks--but we need 
to keep this bill the way it is and move this bill. Then there will be 
another train or I will have Kansas general aviation provide an 
aircraft for a more speedy amendment to go over to the House if that is 
the case.
  So let's try to keep our extraneous amendments if we can, despite our 
strong feelings, off this bill, and let's get something done. It has 
been languishing here for over 4 years and probably longer than that.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from West Virginia.
  Mr. ROCKEFELLER. Madam President, I thank the Senator from Kansas for 
his very cogent remarks. Kansas probably is the airplane center of the 
country, if not the world. The point he makes is that it is bipartisan 
and that we have been working on it a long time.
  Anybody can come down and offer extraneous amendments. We don't 
preclude that in our system. It is possible under the Senate rules. It 
is also possible under the Senate rules to make extraneous amendments 
unacceptable and unactionable. I think what we want to do is try to 
avoid some of those processes. I know the leaders on both sides are 
trying to figure out a way to deal with this problem of extraneous 
amendments. If it has to do with aviation, we are all for it. If people 
simply want to talk about subjects they care about but not offer 
amendments, that is fine. If people want to offer aviation amendments, 
please come forward. Those are important.
  This is a 3- to 4-year effort we have been on, trying to do an 
aviation bill. The Presiding Officer certainly understands the 
consequences of aviation delays and all the rest of it. It is something 
we have to do as a country and we cannot dally. This is not the Senate 
acting in its finest tradition. We have a chance to change that, and I 
hope the Members will cooperate in that effort.
  I thank the Chair and note the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. GREGG. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. GREGG. Madam President, I ask unanimous consent to speak as in 
morning business for 10 minutes.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. GREGG. Without my losing the floor, does the Senator wish to 
speak after I speak?
  Mr. FEINGOLD. Madam President, I ask unanimous consent that after the 
remarks of Senator Gregg, I be recognized.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                            Fiscal Policies

  Mr. GREGG. Madam President, I rise to discuss the issue of fiscal 
policies, which we talk a little bit about around here but on which we 
are not focusing, in my opinion, with the intensity we

[[Page 3199]]

should, and the fact we are now seeing in Europe the meltdown of a 
major nation-state's financial situation, Greece. Greece has become a 
precursor for many other industrialized nations in this world which are 
finding themselves grossly overextended in the amount of debt they put 
on their books. As a result, in the situation of Greece, they are 
incapable of repaying their national debt, or what is known as their 
sovereign debt.
  Fortunately, the European Community has rallied around and has tried 
to stabilize the situation. But the fact that the situation may be 
being stabilized should not allow us to take much solace because this 
is not a unique problem to Greece.
  As we look at the debt levels of a large number of nations in the 
industrialized West, especially, many of them are in serious trouble. 
Many are grossly overextended. We have seen, obviously, pressures on 
Ireland, Spain, Portugal, the United Kingdom, Italy, and, of course, 
Greece is so overextended that it was about to default potentially.
  What does this mean for us as a nation? Unfortunately, we are on the 
same track. People talk in terms of default and overextension and too 
much debt and their eyes sort of glaze over.
  What does that mean? Essentially, it means we as a nation see a 
fundamental drop in our standard of living. If our debt gets to a 
certain point, we basically as a nation, in order to pay for that debt, 
have to reduce the standard of living of our people.
  What is that point? There is general consensus that a public debt; 
that is, debt owned by other countries and by the people of the nation 
who is running it up, a public debt that amounts to about 35 percent or 
40 percent of your gross domestic product--what you are producing as a 
nation--is a very good status. But as that moves up by running 
deficits--and, remember, we are running a $1.6 trillion deficit this 
year, and under the President's budget we will be running over $1 
trillion in deficits over the next 10 years--as that debt goes up--
which means you are basically borrowing money and borrowing it from 
Americans, but mostly now from other countries, especially the Chinese 
and Saudi Arabia--it starts to cross certain thresholds. The next most 
significant threshold is to have a debt-to-public-production ratio of 
about 60 percent. That gets serious.
  In fact, that is such a high debt-to-public-production ratio that in 
Europe you can't even join the European Union if you have a debt 
situation that big. Well, unfortunately, later this year, because of 
all the debt we have put on the books in the last 3 years, we are going 
to pass the 60-percent threshold as a nation. Then you start moving 
into waters which are more than uncharted and choppy, they are 
dangerous. You start to move into the waters that Greece finds itself 
in. Because when your public debt gets up around 70, 80, 90 percent of 
your gross domestic product, you have trouble paying it back without 
doing some very horrible things to your people--things such as massive 
inflation or massive tax increases, both of which cost Americans jobs 
and reduces their savings and their ability to live a better lifestyle.
  Under the President's budget, as proposed, and under the scenario 
which is clearly in front of us--it is like a railroad track that is 
almost impossible to get off unless we do something very significant--
we hit 80 percent within 6 years, or approximately 80 percent. So we 
are basically where Greece is 6, 7, 8 years from now, and the 
implications for us as a society are catastrophic.
  What are we doing about this? Not a lot. In fact, we are aggravating 
it every day. Just yesterday, we passed another bill, or the day 
before, that spent $100 billion--$100 billion that wasn't paid for. It 
went to the debt. Last week, we passed another bill that alleged to 
spend $10 billion, but buried in it were some parliamentary games which 
actually meant it spent another $100 billion that wasn't paid for in 
highway funds. So $200 billion in 2 weeks. And the week before that, we 
did another bill that spent $15 billion unpaid for. Not only are we not 
addressing this problem, but we are fundamentally aggravating the 
problem. Now the House has this Senate health care bill over there. 
What are the fiscal implications of that? It grows the Federal 
Government by $2.5 trillion--$2.5 trillion.
  It is claimed the bill is paid for. But how is it paid for? It 
alleges it is going to reduce Medicare spending by $500 billion. But 
rather than using that money to make Medicare more solvent, it takes 
that money and creates two new entitlements--or expands one and creates 
another one. We know from our history that entitlements are never fully 
paid for. Then it takes money from a fund, which is supposed to be an 
insurance fund, and it spends that money--long-term care insurance. So 
that when those insurance IOUs come up to be paid, there isn't going to 
be any money to pay them. It is called the CLASS Act. It is a classic 
game of pyramid accounting. In fact, if you did it in the private 
sector you would go to jail.
  So that is the course we are on--a massive expansion in our debt, 
leading us to a situation where our capacity to pay that debt will be 
virtually impossible to accomplish without huge negative implications 
for the standard of living of our children and our grandchildren, and 
even our generation, quite honestly. It is going to arrive pretty soon. 
In fact, today, there was a CNBC question put out: Should you continue 
to invest in American debt in light of what we are headed toward? How 
do you avoid the impending meltdown?
  As people start to sense this coming at us, the cost of selling our 
debt is going to become extraordinarily expensive, because people will 
have to price in either massive inflation or an economic cost through 
reduction in productivity due to massive taxes, which will reduce our 
capacity to repay this debt in any sort of reasonable way. This is a 
serious problem, and yet we do not seem to be willing to face up to it.
  There is something else we need to focus on. Not only is it the 
sovereign nations of the world that have this debt problem, it is our 
States. Think about this for a moment. California's debt problem is so 
severe they are represented as being close to potential default. What 
is the implication of that for us as a country if one of our States 
were to default on their debt? The domino effect would be 
extraordinary. Do we have enough gas in our tanks, so to say, to come 
in and resolve this from the Federal level? I doubt it. We have used up 
most of our running room. If we go into a fiscal cardiac arrest, which 
is approximately what we are going to do--it is exactly what we are 
going to do, a fiscal cardiac arrest--4 or 5 years from now, and we 
reach for the defibrillators, there isn't going to be any power. There 
won't be any power to activate them because we have used up all our 
resources already. We have spent it. We can't borrow any more, and we 
certainly don't want to inflate our way out of it. It will be severe, 
and the arrest may become terminal for certain parts of our economy and 
certain people's lifestyles--basically, regular Americans living on 
Main Street. So the issue is out there and it is pretty clear.
  Greece is a precursor, California is an example, and our own 
profligate attitude here in the Congress about it is not helping the 
problem at all. You don't have to listen to me on this. Mohamed El-
Erian, who is a senior member of a group known as PIMCO, the largest 
bond dealer in the world and one of the leading authorities on debt and 
the purchase and selling of debt in the world, wrote a very thoughtful 
article, and this article hits the nail on the head about the threat we 
confront as a nation for our failure to face up to this debt situation 
now and allowing it to erode and continue to grow.
  Madam President, I ask unanimous consent to have printed in the 
Record the article I just referred to.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               How To Handle the Sovereign Debt Explosion

                         (By Mohamed El-Erian)

       Every once in a while, the world is faced with a major 
     economic development that is

[[Page 3200]]

     ill-understood at first and dismissed as of limited 
     relevance, and which then catches governments, companies and 
     households unawares.
       We have seen a few examples of this over the past 10 years. 
     They include the emergence of China as a main influence on 
     growth, prices, employment and wealth dynamics around the 
     world. I would also include the dramatic over-extension, and 
     subsequent spectacular collapse, of housing and shadow banks 
     in the finance-driven economies of the US and UK.
       Today, we should all be paying attention to a new theme: 
     the simultaneous and significant deterioration in the public 
     finances of many advanced economies. At present this is being 
     viewed primarily--and excessively--through the narrow prism 
     of Greece. Down the road, it will be recognised for what it 
     is: a significant regime shift in advanced economies with 
     consequential and long-lasting effects. To stay ahead of the 
     process, we should keep the following six points in mind.
       First, at the most basic level, what we are experiencing is 
     best characterised as the latest in a series of disruptions 
     to balance sheets. In 2008-09, governments had to step in to 
     counter the simultaneous implosion in housing, finance and 
     consumption. The world now has to deal with the consequences 
     of how this was done.
       US sovereign indebtedness has surged by a previously 
     unthinkable 20 percentage points of gross domestic product in 
     less than two years. Even under a favourable growth scenario, 
     the debt-to-GDP ratio is projected to continue to increase 
     over the next 10 years from its much higher base.
       Many metrics speak to the generalised nature of the 
     disruption to public finances. My favourite comes from Willem 
     Buiter, Citi's chief economist. More than 40 per cent of 
     global GDP now resides in jurisdictions (overwhelmingly in 
     the advanced economies) running fiscal deficits of 10 per 
     cent of GDP or more. For much of the past 30 years, this 
     fluctuated in the 0-5 per cent range and was dominated by 
     emerging economies.
       Second, the shock to public finances is undermining the 
     analytical relevance of conventional classifications. 
     Consider the old notion of a big divide between advanced and 
     emerging economies. A growing number of the former now have 
     significantly poorer economic and financial prospects, and 
     greater vulnerabilities, than a growing number of the latter.
       Third, the issue is not whether governments in advanced 
     economies will adjust; they will. The operational questions 
     relate to the nature of the adjustment (orderly versus 
     disorderly), timing and collateral impact.
       Governments naturally aspire to overcome bad debt dynamics 
     through the orderly (and relatively painless) combination of 
     growth and a willingness on the part of the private sector to 
     maintain and extend holdings of government debt. Such an 
     outcome, however, faces considerable headwinds in a world of 
     unusually high unemployment, muted growth dynamics, 
     persistently large deficits and regulatory uncertainty.
       Countries will thus be forced to make difficult decisions 
     relating to higher taxation and lower spending. If these do 
     not materialise on a timely basis, the universe of likely 
     outcomes will expand to include inflating out of excessive 
     debt and, in the extreme, default and confiscation.
       Fourth, governments can impose solutions on other sectors 
     in the domestic economy. They do so by preempting and 
     diverting resources. This is particularly relevant when there 
     is limited scope for the cross-border migration of 
     activities, which is the case today given the generalised 
     nature of the public finance shock.
       Fifth, the international dimension will complicate the 
     internal fiscal adjustment facing advanced economies. The 
     effectiveness of any fiscal consolidation is not only a 
     function of a government's willingness and ability to 
     implement measures over the medium term. It is also 
     influenced by what other countries decide to do.
       These five points all support the view that the shock to 
     balance sheets is highly relevant to a wide range of sectors 
     and markets. Yet for now, the inclination is to dismiss the 
     shock as isolated, temporary and reversible.
       This leads to the sixth and final point. We should expect 
     (rather than be surprised by) damaging recognition lags in 
     both the public and private sectors. Playbooks are not 
     readily available when it comes to new systemic themes. This 
     leads many to revert to backward-looking analytical models, 
     the thrust of which is essentially to assume away the 
     relevance of the new systemic phenomena.
       There is a further complication. Timely recognition is 
     necessary but not sufficient. It must be followed by the 
     correct response. Here, history suggests that it is not easy 
     for companies and governments to overcome the tyranny of 
     backward-looking internal commitments.
       Where does all this leave us? Our sense is that the 
     importance of the shock to public finances in advanced 
     economies is not yet sufficiently appreciated and understood. 
     Yet, with time, it will prove to be highly consequential. The 
     sooner this is recognised, the greater the probability of 
     being able to stay ahead of the disruptions rather than be 
     hurt by them.

  Mr. GREGG. It is time for us to act. It is time to, first, stop 
spending. That is the bottom line. It is like a diet. The only way you 
can lose some weight is to actually stop eating the wrong way. We have 
to stop spending, and then we have to come up with some pretty 
aggressive ideas addressing the very systemic problems we have as a 
country relative to the growth of our debt, so that if we do them now 
it will have less negative impact on people than if we have to do them 
in a crisis situation.
  Madam President, I yield the floor.
  The PRESIDING OFFICER (Mrs. Hagan). The Senator from Wisconsin.


                Amendment No. 3470 to Amendment No. 3452

  Mr. FEINGOLD. Madam President, I ask unanimous consent that the 
pending amendment be set aside so I may call up amendment No. 3470.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The clerk will report.
  The bill clerk read as follows:

       The Senator from Wisconsin [Mr. Feingold], for himself, Mr. 
     Coburn, and Mr. Brown of Ohio, proposes an amendment numbered 
     3470 to amendment No. 3452.

  Mr. FEINGOLD. Madam President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To provide for the rescission of unused transportation 
   earmarks and to establish a general reporting requirement for any 
                            unused earmarks)

       At the end, insert the following:

  TITLE ___--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND GENERAL 
                         REPORTING REQUIREMENT

     SEC. _01. DEFINITION.

       In this title, the term ``earmark'' means the following:
       (1) A congressionally directed spending item, as defined in 
     Rule XLIV of the Standing Rules of the Senate.
       (2) A congressional earmark, as defined for purposes of 
     Rule XXI of the Rules of the House of Representatives.

     SEC. _02. RESCISSION.

       Any earmark of funds provided for the Department of 
     Transportation with more than 90 percent of the appropriated 
     amount remaining available for obligation at the end of the 
     9th fiscal year following the fiscal year in which the 
     earmark was made available is rescinded effective at the end 
     of that 9th fiscal year, except that the Secretary of 
     Transportation may delay any such rescission if the Secretary 
     determines that an additional obligation of the earmark is 
     likely to occur during the following 12-month period.

     SEC. _03. AGENCY WIDE IDENTIFICATION AND REPORTS.

       (a) Agency Identification.--Each Federal agency shall 
     identify and report every project that is an earmark with an 
     unobligated balance at the end of each fiscal year to the 
     Director of OMB.
       (b) Annual Report.--The Director of OMB shall submit to 
     Congress and publically post on the website of OMB an annual 
     report that includes--
       (1) a listing and accounting for earmarks with unobligated 
     balances summarized by agency including the amount of the 
     original earmark, amount of the unobligated balance, the year 
     when the funding expires, if applicable, and recommendations 
     and justifications for whether each earmark should be 
     rescinded or retained in the next fiscal year;
       (2) the number of rescissions resulting from this title and 
     the annual savings resulting from this title for the previous 
     fiscal year; and
       (3) a listing and accounting for earmarks provided for the 
     Department of Transportation scheduled to be rescinded at the 
     end of the current fiscal year.

  Mr. FEINGOLD. Madam President, I rise today to offer an amendment, 
along with Senators Coburn and Sherrod Brown, to make a small but 
necessary step toward addressing the growing problem of Federal 
deficits. This is the second time in as many weeks that we are offering 
this amendment, and I hope we will be able to have a vote and get it 
accepted on the FAA reauthorization bill. The underlying bill we are 
considering reauthorizes many vitally important programs, including 
investments in our aviation infrastructure and the long overdue 
modernization of air traffic control. While I support many of these 
investments, I think it is also critically important that we take a 
close look at where our spending can be cut as we try to address the 
looming deficit.

[[Page 3201]]

  Of course, my amendment won't come close to solving this whole 
looming problem, but it will make a dent as we try to get our financial 
house in order and make the tough choices to avoid burdening future 
generations with debt. There is no single or easy solution to the 
massive deficits we face, but one thing we should be doing is taking a 
hard look at the Federal budget for wasteful or unnecessary spending. 
Hard-working American families have to make these kinds of decisions 
every week to make ends meet, whether skipping dinners out, making do 
with old clothes instead of buying new ones, or finding new ways to 
trim their grocery bill. People are looking at everything in their 
household budget to cut back in tough times, and the Congress should be 
doing the same things, looking to save the taxpayers' money everywhere 
we can.
  What I am trying to do here is a proposal to get rid of old, unwanted 
transportation earmarks that would save about $600 million right away 
and perhaps a few billion dollars over time. It won't eliminate the 
Federal deficit on its own, but it is real money, in places such as 
Racine or Fond du Lac, WI, where I recently held townhall meetings. It 
is one step on a path that is going to have to involve many additional 
cuts.
  I have put together a number of proposals for where we should begin 
tightening our belt, including the one for this amendment, in a piece 
of legislation I introduced last fall called the Control Spending Now 
Act. The combined bill would cut the Federal deficit by about $\1/2\ 
trillion over 10 years.
  This amendment, my bipartisan amendment here with Senators Coburn and 
Brown of Ohio, would build off of a proposal put forward in President 
George W. Bush's fiscal year 2009 budget proposal to rescind $626 
million in highway earmarks that were over a decade old and still had 
less than 10 percent of the funding utilized. When Transportation 
Weekly did an analysis of these earmarks at the time, they found that 
over 60 percent of the funding--$389 million--was in 152 earmarks that 
had no funding spent or obligated from them. These clearly are either 
unwanted or a low priority for the designated recipients.
  This is nothing against transportation funding either, of course. I 
fully realize the need for reinvestment in our crumbling infrastructure 
and its potential for job creation in hard-hit segments such as 
construction. But hundreds of millions of dollars sitting in an account 
untouched at the Department of Transportation does nothing to address 
our infrastructure needs or put people back to work.
  I have tried to build on President Bush's concept a little and my 
amendment expands this rescission to all transportation earmarks that 
are over 10 years old with unobligated balances of more than 90 
percent. At a hearing before the Budget Committee 2 weeks ago, I asked 
Transportation Secretary Ray LaHood about these unwanted and unspent 
earmarks, and whether he supported my proposal to rescind them. 
Secretary LaHood responded:

       The answer is yes, we are supportive of your proposal, and 
     we have identified significant millions of dollars worth of 
     earmarks.

  So at the suggestion of the chairman of the Environment and Public 
Works Committee, we have also included a provision to allow the 
Secretary of Transportation to delay a rescission if the project is 
expected to be obligated within the next 12 months. I know there are 
sometimes extenuating circumstances and delays that pop up, and this 
seemed like a good way to deal with these situations while still 
ensuring that the intention to eliminate unwanted and low-priority 
projects was retained. I also hope this will help alleviate concerns 
and ensure that the potential for extenuating circumstances is not used 
as a reason to somehow oppose our amendment.
  It is unclear exactly how many hundreds of millions or even billions 
of dollars would be saved by this proposal being expanded to other 
transportation earmarks in addition to the previous estimate of $626 
million that would be rescinded from unwanted highway earmarks in the 
first year. This proposal would also be permanent, so there would 
likely be additional savings as the unwanted earmarks in the most 
recent highway bill reach their 10-year anniversary.
  I think this is a very modest proposal, going after the lowest of the 
low-hanging fruit and would support going even further and make it 
cover all Federal agencies. But with the uncertainty about how many of 
these unwanted and unspent earmarks there might be across the whole 
Federal Government, our amendment instead requires an annual report by 
the OMB to collect information from each agency and include 
recommendations on whether these other unobligated earmarks should be 
rescinded.
  As you can see, this is a proposal with bipartisan support both in 
the Senate and from the past administration and this current 
administration. This shouldn't be a hard decision and I hope we have 
strong support here in the Senate. This is simply about instituting a 
good government principle of returning unused funds to the Treasury, 
and it shouldn't be controversial. If we can't agree to take old 
earmarks that no one wants and use the money to pay down the deficit, 
then how are we ever going to get our fiscal house in order?
  Madam President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. FEINGOLD. Madam President, I ask unanimous consent that at the 
conclusion of the remarks of Senators Ensign and Brown of Ohio, the 
Senate then stand in recess until 2 p.m. today.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


                     Unemployment And Foreclosures

  Mr. ENSIGN. Madam President, first, let me start by complimenting the 
Senator from Wisconsin for addressing the spending going on in 
Washington, DC. I applaud his efforts. He understands this is a modest 
effort, but we have to start someplace. For my whole 10 years in the 
Senate, I have been talking about spending and getting our debt under 
control, not passing debt on to our children across America. This is a 
huge debt burden we are passing on to them. I applaud the efforts, even 
though they are small. Anything we can do around here to address the 
deficits and the debt I think is very important.
  I want to talk about unemployment and foreclosures, especially how 
they are affecting Nevada and the overall economy. I think everybody 
admits the our economy is hurting. There are people all over the 
country in need of employment. Many are hurting because of foreclosures 
or potential foreclosures on their houses.
  In new unemployment numbers just released, Nevada has a 13-percent 
unemployment rate, with Clark County, where Las Vegas is located, now 
at almost a record high of 13.8 percent; Washoe County, which is where 
Reno is, a 13.5-percent unemployment rate. The Review Journal, the 
largest paper in Nevada, pointed out this week that the salary and job 
outlook for Nevadans is going from bad to worse. Wages are declining 
across industries in our State, and experts recently told the paper if 
we were to count discouraged workers who have given up looking for 
employment and part-time employees who wish to work full time, the real 
unemployment rate in Nevada would actually hover somewhere around 25 
percent.
  In fact, if we were to count those who are self-employed--for 
instance, if you are a realtor and you are not selling homes, you may 
still be classified as employed but you are effectively unemployed. If 
we counted all the self-employed people who are not counted in the 
normal unemployment rates, these numbers would even be higher.
  Housing in Nevada is still hurting severely. We are leading the 
Nation in home foreclosures and there does not seem to be a solution to 
this problem coming out of Congress. Instead, Congress has gone off on 
a wayward path in trying to muscle through health care reform when the 
immediate focus of this institution should be on the millions of 
Americans who have lost their jobs, are at risk of losing their homes, 
or even worse--both.
  In fact, nearly 5 million Americans have lost their jobs during the 
time

[[Page 3202]]

Congress has shifted its focus away from the economy onto health care. 
I will point out, however, if you live in the Washington, DC, area you 
are actually OK. There have been 100,000 new jobs created in this city 
in the last year. These are government jobs; not private sector jobs, 
government jobs. This is a direct result of a massive expansion of the 
Federal Government.
  I do not believe that growing the Federal Government and creating 
jobs in Washington does anything to help the unemployment in Nevada or 
around the rest of the country. Health care reform proposals that the 
majority is trying to push through both Houses are not designed to 
incentivize job creation at a time when we need a lifeline. Instead, 
their bills will be job killers.
  The National Federation of Independent Business, which is the largest 
organization that represents small businesses in America, believes 
their health care reform proposals will actually cost millions of jobs 
in small businesses over the next 4 years. It also will greatly add to 
the Nation's debt when we are already borrowing from future 
generations, as the Senator from Wisconsin just talked about.
  It is time for Congress to shift our focus back to creating jobs, and 
do it in a responsible way by reducing wasteful government spending and 
thinking about the future of our country. One spending bill after 
another that comes before this Senate is not going to solve the 
economic problems our country is facing. It is actually just going to 
make the situation worse over the next several years because as we 
borrow more money, inflation and interest rates will increase.
  There are concerns about the strength of the dollar in the world. 
Adding to our debt intensifies those worries. We all, as Republicans 
and as Democrats--really, as Americans--ought to be concerned about 
what this debt is going to do to the future of our country.
  We need real solutions to our economic problems. We need to get the 
country back on track. To do that, we need to get control of out-of-
control spending, especially wasteful spending.
  Job creation needs to be our number one focus, and we cannot 
incentivize job creation when our Nation is buried in debt. This means 
we are all going to have to start taking some difficult votes to 
reverse the wild spending spree we are on. Here in Washington it is 
much easier to get reelected if you are giving money away to people. It 
is much more difficult politically to take votes that actually cut 
spending because for every government program that is out, there is a 
constituency that lobbies to keep that gravy train coming from the 
Federal Government.
  Last week we had two options in the Senate. We had the option to pay 
for the extension of unemployment insurance benefits with unspent 
stimulus funds, money we have already taken out of the pockets of 
taxpayers, or we had the option of adding more debt to the credit card 
of this Nation. I voted to extend unemployment insurance without having 
American families foot yet another government bill. Unfortunately, the 
majority party did not pass this bill. Instead, they voted to continue 
adding to our Nation's debt. Over $100 billion was added to our 
Nation's debt just yesterday by this Senate.
  By the way, $100 billion used to be a lot of money around this place. 
It is tossed around like it is almost nothing now. $100 billion is a 
huge amount of money. It passed and hardly got any notice around the 
country. That is what we added to our deficit and our debt yesterday.
  I stress again that job creation needs to be our number one focus, 
but we cannot begin to incentivize job creation just by adding more 
debt. I have been focused on introducing legislation that will help 
create jobs in Nevada while not increasing the debt--for example, the 
recent passage of my legislation with Senator Dorgan, called the Travel 
Promotion Act. This will incentivize tourists from across the world to 
come to the United States and visit our world-class destinations. This 
will spur job growth across Nevada and our entire Nation. These will 
not be government jobs; these will be private sector jobs. These jobs 
will not be paid for by the American taxpayer; these will be jobs that 
will be a lifeline for our economy.
  Legislation like the Travel Promotion Act illustrates that we need to 
get past the idea that government spending creates jobs and showcases 
that we need to institute policies that incentivize the private sector 
to create jobs. We can do this by lowering taxes on small businesses. 
They are the engine of our economy. We can start creating employment 
opportunities throughout the United States. These private sector jobs 
will help get our country back on the road to recovery and will not add 
to the financial burden of the United States.
  The majority party seems to believe the only way to spur job creation 
is to pass spending bill after spending bill. As we have witnessed over 
the past year, this does not seem to be working. But this has not 
lessened the resolve of those across the aisle. This week, House 
Education and Labor Committee Chairman George Miller announced that he 
will unveil a jobs bill--that is what he called it, a jobs bill--aimed 
to save or create a lot of jobs in local governments. It is a $100 
billion bill--another $100 billion.
  The problem with this is these jobs are going to be paid for by the 
Community Development Block Grant Program, which, in simple English, 
means we are adding to the debt. This is money the taxpayers are going 
to have to pay for in the future--borrowing once again from our 
children and adding to our Nation's credit card debt. This is not a 
solution to create jobs in the long run.
  The Federal Government spending money on legislation whose only 
connection to job creation is putting the phrase in the title of the 
bill is not working. In the short term, will it save some local 
government jobs? No question, in Nevada it probably would. But Nevada 
is making tough choices right now. They are actually looking where 
there is waste. They are looking how they can make government more 
efficient. We are not doing that at the Federal level. We are actually 
discouraging it by sending more and more money to the States. But at 
the Federal Government level we are certainly not looking for any 
efficiencies because all we continue to do is spend more and more 
money, add more and more government agencies, more and more government 
programs.
  We should be tightening our belts like every family, every business, 
local government, and State government are doing across the country. 
That is one of the reasons many of us have cosponsored legislation for 
a balanced budget amendment. If we were required to balance the budget 
we would be required to take those tough votes. That is why we get 
elected, to do something, to make a positive difference for our 
country. Adding to our debt is not that positive difference. We need to 
think about the future of our country instead of just getting reelected 
by being able to give money away to some of our constituents.
  I will conclude with this: Job number one needs to be about creating 
jobs in a responsible way--not government jobs, private sector jobs. We 
need to stop adding to the deficit, get government spending under 
control, and cut taxes for small businesses so that entrepreneurs 
across this country can create jobs. These are what the priorities of 
this body should be.
  I yield the floor.
  Mr. BROWN of Ohio. Madam President, I ask unanimous consent to 
address the Senate for about 10 minutes under morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                              The Deficit

  Mr. BROWN of Ohio. Madam President, I came to the floor to talk about 
a young woman in Cincinnati, OH, but I guess I am just amazed at the 
amnesia in this body. I hear colleagues on the other side of the aisle 
say Democrats vote for spending to keep that gravy train going; that 
Democrats believe that job creation is always the government; that 
Republicans believe we have to get spending under control and how 
politically unpopular it is to

[[Page 3203]]

vote to cut spending. I hear these things over and over, and I hate 
cliches but, you know the Yogi Berra line: ``It's deja vu all over 
again.''
  I was in the House of Representatives for the first 6 years of this 
decade, and I saw what happened. What happened was my colleagues on the 
other side of the aisle--when one bird flies off the telephone wire, 
they all fly off the telephone wire--voting on issue after issue to 
bankrupt this country and to drive our economy into the ditch. In 2001, 
tax cuts for the rich, George Bush's tax cuts which went overwhelmingly 
to the richest taxpayers and, as the Presiding Officer from North 
Carolina knows, using reconciliation to drive these tax cuts through in 
2001, 2003, 2005, bringing Vice President Cheney in so they not only 
used reconciliation, they had to bring the Vice President in, who is 
almost never here, as the Presiding Officer knows, to vote in passing 
that with 51 votes.
  We had a surplus in those days. We had a surplus, and they took that 
surplus and they enacted tax cuts for the wealthy. Then they started 
the war with Iraq but did not pay for it. I disagreed with going to 
war. I voted against it. But at least we should have paid for it. They 
didn't pay for the war in Iraq and still have not.
  Then they did this huge, tens of billions of dollars in giveaways to 
the drug companies and insurance companies, all in the way of 
privatization of Medicare.
  So when I hear them preaching to me about Democrats want to spend 
money on unemployment compensation, or Democrats want to spend money on 
health care--such as COBRA, for those people who have lost their health 
insurance--or Democrats want to spend money on reimbursing doctors at a 
fairer rate for Medicare, they attack us for doing that yet they took a 
budget surplus and ran this economy into the ground by deregulating 
Wall Street, by cutting taxes on the richest people in this country, by 
turning the surplus into deficits to the tune of hundreds and hundreds 
of billions of dollars.
  We had projected in 2000 a budget surplus--projected--of $1 trillion. 
One trillion dollars is 1,000 billion dollars. We now have a projection 
of $1 trillion in budget deficit. They come here and they preach that 
Democrats should quit spending money on unemployment compensation 
because all these workers, they do not want to work, they want to 
receive their unemployment benefits.
  Well, what somebody needs to explain to them, and perhaps my friends 
on the other side of the aisle do not know anybody who is exactly 
getting unemployment compensation because they spend too much time with 
people similar to us, wearing suits and hanging around places such as 
this and not enough time in places in Charlotte and Dayton and Winston-
Salem and Cleveland, with people who have lost their jobs and talking 
about it.
  But it is not unemployment welfare, as they would like to say it is, 
it is unemployment insurance. That means when you are employed, you pay 
into a fund, and when you lose your job you get money out of that fund. 
It is called insurance, unemployment insurance. They should remember 
that.


                        remembering esme kenney

  Madam President, I would like to commemorate the life of Esme Louise 
Kenney of Cincinnati, OH, whose life was tragically cut short 1 year 
ago this past Sunday.
  Esme was a bright, inquisitive, and spirited young girl with many 
talents and a limitless imagination and a boundless love for life.
  She was an artist, a musician, an avid reader, an expressive writer, 
and a budding water-skier.
  The beloved daughter of Tom Kenney and Lisa Siders-Kenney, the caring 
sister of Brian, Meghan and Frances, and a loyal and loving friend to 
so many, Esme touched many hearts in her short time with us.
  From all accounts, Esme's compassion and enthusiasm always warmed the 
room and lifted the spirits of everyone she met. Her loving brother 
described her as a real ``people person,'' one who loved meeting 
people, talking with them, learning about them, and sharing her life 
with them.
  For all of those whose days were brightened by Esme's radiant joy and 
love of life, this week marks an anniversary filled with sorrow and 
heartache.
  One year ago, Esme's life was taken from her under tragic and 
horrifying circumstances.
  The 13-year-old left the house one day to go for a jog, and would 
never return.
  One man's rage and delusion resulted in the brutal and senseless 
murder of an innocent, virtuous, and loving child.
  Perhaps most disturbing is the fact that Anthony Kirkland, the 
confessed murderer, was already a convicted killer and registered sex 
offender when he committed this atrocity. He had served 16 years in 
prison for the sadistic assault and murder of another young woman.
  My wife Connie and I extend our deepest sympathy to Esme's family, 
friends, and community during this unthinkably difficult time. We lost 
Esme a year ago, but I know she will be part of our lives always.
  The recurrence of these horrible acts underscores the urgent need to 
review our criminal justice system, and that is why I join the Kenney 
family in support of legislation introduced by my colleague, Senator 
Webb: S. 174, the National Criminal Justice Commission Act of 2009.
  This bill would establish the National Criminal Justice Commission to 
undertake a comprehensive review of the current system and submit a 
report to Congress and the President that outlines findings and 
recommendations for changes in criminal justice policies.
  Such action is vital to keeping our children safe. We must not be 
complacent in the face of such inconceivably violent and destructive 
acts as the crime that took Esme from us.

                          ____________________




                                 RECESS

  The PRESIDING OFFICER. Under the previous order, the Senate stands in 
recess until 2 p.m.
  Thereupon the Senate, at 12:34 p.m., recessed until 2 p.m. and 
reassembled when called to order by the Presiding Officer (Mr. Burris).

                          ____________________




    TAX ON BONUSES RECEIVED FROM CERTAIN TARP RECIPIENTS--Continued

  The PRESIDING OFFICER. The Senator from Nebraska is recognized.
  (The remarks of Mr. Johanns pertaining to the submission of S. Res. 
452 are located in today's Record under ``Submitted Resolutions.'')
  The PRESIDING OFFICER. The Senator from Utah is recognized.


                           Health Care Reform

  Mr. HATCH. Mr. President, I rise, joined by my friend, the 
distinguished Senator from South Dakota and chairman of the Senate 
Republican Policy Committee, to discuss the health care legislation 
being considered in Congress. The current debate is primarily about 
process. But before addressing that, I wish to remind everyone that in 
the end, this is about the substance of the legislation that Washington 
liberals want to impose upon the country by any means necessary.
  This legislation is bad, both for what it represents and for what it 
would do. It represents a massive Federal Government takeover of the 
health care system. The health care and health insurance systems could 
be significantly improved with policies that respect individual choice, 
that embrace our system of federalism, in which the States can tailor 
solutions to their own needs and demographics. It could. But Washington 
liberals have rejected that path.
  What would this legislation do? As I have argued in the past, this 
legislation would bust the limits the Constitution places on Federal 
Government power. Liberty itself depends on those limits, it always has 
and it always will. Those limits mean Congress may exercise only the 
powers listed in the Constitution. None of those powers authorizes 
Congress to take such unprecedented steps as requiring that individuals 
spend their own money to purchase a particular good or service, such as 
health insurance, or face a financial penalty. This legislation would

[[Page 3204]]

unnecessarily take this country into unchartered political and legal 
territory.
  We just heard from the Congressional Budget Office that President 
Obama's policies will add a staggering $8.5 trillion--that is trillion 
with a ``t''--to our already sky-high national debt.
  This is before passage of the health care tax-and-spend bill that 
would cost another $2.5 trillion. Claims that this boondoggle will 
lower the deficit result from some pretty impressive accounting tricks. 
This legislation, for example, would start taking money from Americans 
immediately but would not provide any benefits to them for years. How 
about that as a neat way to lower a bill's supposed cost?
  What do Americans get for all these trillions of dollars? They would 
be required to buy health insurance, but only 7 percent of Americans 
would receive any government subsidy to do so. Washington liberals say 
this bill cuts taxes, but 93 percent of all Americans would not be 
eligible for any tax benefit. Contrary to President Obama's explicit 
pledge, one-quarter of Americans making under $200,000 per year would 
see their taxes go up. Middle-class American families paying higher 
taxes will outnumber those receiving any government subsidy by more 
than 3 to 1.
  And after the higher taxes, increased government control, greater 
regulation, and paltry help in buying health insurance, this 
legislation would not control health care costs, which is the main 
reason for the concern about health insurance in the first place.
  It does nothing to rein in the junk lawsuits that drive up costs and 
drive doctors out of medicine. Instead, this legislation would cut $500 
billion from Medicare to pay for a massive new government entitlement 
system that would include 159 new boards and other bureaucratic 
entities.
  Last month, the White House released an 11-page document titled ``The 
President's Proposal.'' Calling it that, I suppose, was to make it 
appear to be a meaningful step in a genuine negotiation. It is nothing 
of the kind. One of the most obvious changes suggested in this document 
was elimination of the Medicaid subsidy that the Senate bill gave to 
only one State. That was for political rather than policy reasons. And 
I cannot forget to mention that this 11-page document's suggested 
changes would add at least $75 billion more to the cost of the Senate 
bill. That is around $7 billion a page. But it offered nothing to 
change the real defects in this legislation.
  For these and so many other reasons, this legislation is the wrong 
way to address the challenges we face in health care and health 
insurance.
  Let me turn to my friend from South Dakota, Senator Thune. Now that 
we have been debating these issues for the better part of a year, what 
do the American people think of these liberal Washingtonian proposals 
and how did we get where we are today?
  Mr. THUNE. I say to the Senator from Utah that he has made, over the 
course of the last year, many compelling arguments about the substance 
of this legislation and just now summarized what some of those are. The 
reason the American people have rejected this legislation is because 
they understand the substance of it. As the Senator pointed out, it has 
tax increases, Medicare cuts, and premium increases for most Americans. 
They figured that out a long time ago. That is why, if you look at the 
public opinion surveys that have been done with regard to the bill 
itself and to the process by which it got where it is, the American 
people reject it.
  The reconciliation process, which has been talked about as a way in 
which to ultimately pass this through the House and then through the 
Senate, there have been polls that have asked the American public what 
they think of using reconciliation to enact health care reform.
  The Gallup poll from February 25: 52 percent of Americans oppose the 
use of reconciliation. Last week's Rasmussen Report poll shows that 53 
percent of Americans are opposed to the health care plan. Perhaps the 
most telling poll is a CNN poll from February 24--if you can believe 
this--that says 48 percent of Americans want Congress to start working 
on a new bill, and 25 percent of Americans want Congress to stop 
working on health care. Added together, that is 73 percent of the 
American public that wants Congress to either stop working on health 
care altogether or start over.
  I am not among those who think we ought to stop working on this. This 
is a big, important issue to the American people. They want us to do 
it. But they want us to get it right. What is being proposed by our 
colleagues on the other side and what so far has been rammed through on 
a very partisan basis is a $2.5 trillion expansion of the Federal 
Government that expands the health care entitlement but does very 
little to reform health care in this county or to address the 
underlying drivers of health care costs in this country.
  So the Senator from Utah is absolutely right in describing why the 
American people are so opposed to this legislation; that is, because 
they understand it. They know what it does. They are concerned about 
the cost of their health care insurance in this country. They are 
concerned as well about those who do not have health care, and we have 
come up with solutions we think make sense to cover those who do not 
have coverage. But I think it is pretty clear where the American people 
come down on this issue.
  Incidentally, I think that is also what many of these elections we 
have had recently are about. If you look at what happened in Virginia, 
New Jersey, and most recently in Massachusetts, many of those elections 
were referendums, if you go inside the numbers, on the health care 
issue. I think it is a clear message to Washington that these health 
care proposals are not acceptable to the American people. Yet it does 
not seem that those of us in Washington, DC--or at least some of us--
are listening to that message. Frankly, I believe, I say to my 
colleague from Utah, this is a bad bill. It has been rejected by the 
American people, part of it because of the substance of it; part of it 
because the normal process has not been followed. We all know what was 
done to get that extra vote to try and pass this bill through the 
Senate, to get that 60th vote--all these backroom deals that were put 
together at the last minute. We have heard the ``Cornhusker kickback'' 
chronicled, we have heard the ``Louisiana purchase'' chronicled many 
times over the last several months.
  But I think the point, very simply, I say to my friend from Utah, is 
that, one, the American people understand this will lead to higher 
costs for most Americans, it is going to increase their cost of health 
insurance in this country; two, they want to see a bill that is put 
together in a way that elicits bipartisan support.
  The Senator from Utah has been here since 1977. He has been involved 
in a whole series of important bipartisan debates, where important 
legislation was acted on in the Senate, but it was done in a way that 
had support from both Republicans and Democrats. I think that is what 
the American people expect of this process. They also expect us to 
conduct ourselves in a way that is transparent.
  Doing legislation, 2,700-page bills behind closed doors, adding last-
minute backroom deals to try and get that illusive 60th vote to pass 
it, and now using reconciliation--something that clearly was not 
designed for this process--is another issue that is even worsening the 
American public's opinion not only of the substance of this legislation 
but also the process.
  I wish to ask my colleague about reconciliation. But before I do 
that, I wish to mention one thing because many of us--you and I both 
and others on our side--have talked a lot during the course of this 
debate about the cost and what we ought to be doing to address health 
care. If we wish to address health care in this country for most 
Americans--or reform health care--it means getting costs under control.
  We have been arguing for some time that most Americans--and I think 
the Congressional Budget Office has validated this, the Actuary for the 
Centers for Medicare & Medicaid Services has

[[Page 3205]]

validated this--that if you are buying in the individual market, you 
are going to see your insurance premiums go up above what they would 
normally go up, 10 percent to 13 percent, and if you are someone who 
buys in the large employer or small employer market, you are still 
going to see your health insurance premiums go up; they are going to be 
going up at the rate they are today or maybe slightly higher, but the 
rate they are going up today is twice the rate of inflation.
  Yesterday, the Senator from Illinois, the distinguished whip in the 
majority, the Democratic whip, said on the floor of the Senate:

       Anyone who would stand before you and say, well, if you 
     pass health care reform, next year's health care premiums are 
     going down, I don't think is telling the truth. I think it is 
     likely they would go up, but what we're trying to do is slow 
     the rate of increase.

  So there you have it. We have been saying this all along--an 
acknowledgment by folks on the other side who are finally saying or 
reiterating what we have been saying all along; that is, health 
premiums are going to go up.
  I think if you are someone who, as I said, buys in the individual 
marketplace or who is in the large or small employer market, you are 
going to see your premiums go up. The question is How much? I think for 
most Americans, they would go up significantly.
  But I say to my colleague--and I would ask him because he has been 
here since reconciliation almost was put in place; you have to go back 
to 1974 and the Budget Act--but I am told it has been used 18 or 19 
times since then. Since the Senator came here in 1977, I think every 
time reconciliation has been used, the Senator has been part of that 
process, has had to vote on that. There probably is not anybody in this 
Chamber who is more experienced on the issue of reconciliation--what it 
was designed to do, what it can do--than the Senator from Utah.
  So I would ask the Senator if he could explain to those of us who 
have not been here as long exactly what reconciliation was designed to 
be used for, how it is designed to function, and why it is not 
applicable to the case of trying to restructure or reorder literally 
one-sixth of the American economy, which is what health care represents 
in this country.
  Mr. HATCH. I thank my colleague for his cogent remarks because my 
friend from North Dakota is absolutely right. The American people are 
not buying this, nor are they going to buy this misuse of 
reconciliation.
  Even with large majorities in the Senate and the House, the White 
House, and most of the mainstream media, Washington liberals have not 
been able to convince the American people this is the right way to go. 
The American people oppose this bill. They want us to start over, and 
they want us to adopt step-by-step, commonsense reforms.
  We could do that, but Washington liberals instead are determined to 
find some way to get their way. The latest procedural gambit, which has 
been raised by my colleague, is called reconciliation. Before talking 
about what reconciliation is, I have to emphasize what it is not. 
Reconciliation is not simply an alternative to the Senate's regular 
process for handling legislation. Instead, reconciliation is an 
exception to that process.
  While the House is about action, the Senate is about deliberation, 
and the rules in each body reflect its role. For more than 200 years, 
Senate rules have allowed smaller groups of Senators to slow down or 
stop legislation. The House is a simple majority vote body, but the 
Senate is not. This creates checks and speed bumps to legislation, but 
passing legislation is not supposed to be easy, especially something 
that affects one-sixth of the American economy.
  Reconciliation is the exception to that because it limits debate and 
amendments and requires only a simple majority. It allows for only 20 
hours of debate. It actually weakens the role the Senate plays in the 
legislative branch and, therefore, this exception to our regular order 
was created to handle a small category of legislation related to the 
budget. While thousands of public laws have been enacted since the 
reconciliation process was created, that process, as the distinguished 
Senator from South Dakota said, has been used only 19 times to enact 
legislation of any kind into law.
  Not only is reconciliation a rare exception to our regular 
legislative process, but using reconciliation to pass sweeping social 
legislation, as opposed to budget or tax legislation, is even more 
rare. Reconciliation has been used only three times to pass such major 
social legislation. Welfare reform passed in 1996 with 78 votes, child 
health insurance passed in 1997 with 85 votes, and a college tuition 
bill passed in 2007 with 79 votes. In each case, dozens of Senators in 
the minority party supported the legislation.
  The health care legislation before us is not the kind of budget or 
tax legislation that has been the primary focus of the reconciliation 
process in the past. It is much more like the welfare reform or child 
health insurance bills, except for one very important thing: The health 
care legislation is a completely, 100-percent, partisan bill--100 
percent. The reconciliation process, which from the start is a rare 
exception to our regular process, has never been used for such 
sweeping, major social legislation that did not have wide bipartisan 
support--never. It was never supposed to be used for that. You can 
criticize the three times social legislation was passed, and your 
criticism might be considered valid by some, but the fact is, those 
bills were bipartisan.
  Washington liberals obviously know this because their latest talking 
point is, reconciliation will not be used to pass the large health care 
bill only to change the big health care bill. My friends, that is a 
distinction without a difference. The bill Washington liberals want is 
the combination of the big Senate bill and the smaller fixer bill. In 
fact, they cannot stomach the one without the other. The bill they 
want, whether passed in one piece or two, cannot pass Congress through 
the regular legislative process. The health care bill that Washington 
liberals want, if it can be passed at all, can only be passed through 
an illegitimate use of this extraordinary process called 
reconciliation.
  By the way, I would like to remind my friends on the other side of 
the aisle that the reconciliation process has been used only twice to 
pass a purely partisan bill on any subject, even those that 
reconciliation may have been designed for. In both cases--1993, when 
Democrats were in charge, and 2005, when Republicans were in charge--
the American people in the next election threw the majority party out 
and gave the other party a chance to run the Senate.
  Just as Washington liberals cannot convince the American people to 
support the substance of this legislation, they cannot make the case 
that reconciliation is a legitimate way to pass it.
  Let me also say, there are those in the House who want to distort 
this reconciliation process even further by devising a way so that 
House Members do not have to actually vote directly on the Senate-
passed bill. They want to create a rule that would deem the Senate bill 
as passed. Talk about distorting the process. Talk about the lack of 
guts to stand and vote for what they claim is so good. Talk about 
deceiving the American people. They have already distorted the 
reconciliation rules, but that would be a bridge too far.
  I ask my friend from South Dakota, Senator Thune, whether he has 
seen, as I have, the spin and misdirection that have been employed to 
give the impression that this is a legitimate process to pass this 
unpopular legislation.
  Mr. THUNE. Well, I would say to my friend from Utah, it is 
interesting how the semantics and terminology changes in Washington 
depending upon what point you are trying to make. But many of our 
colleagues who have weighed in heavily against the use of 
reconciliation on a range of subjects--more specifically now health 
care reform--are now referring to it as simply a simple majority: All 
we are asking for is a simple majority vote, which does represent a 
spin and misdirection.

[[Page 3206]]

  Because, as the Senator from Utah has noted, reconciliation, as a 
procedure, has a fairly special place in the history of the Senate, 
going back to 1974, when it was created. It is to be used for specific 
purposes: to reconcile spending, revenues, tax increases, tax cuts--
primarily to accomplish deficit reduction.
  As the Senator from Utah has pointed out, when it is used to enact 
significant legislation, generally it has broad bipartisan support. The 
Senator mentioned welfare reform. It had 78 votes for it. That is the 
most frequently cited example of the use of reconciliation for 
something that was policy oriented. But, remember, that had 78 votes in 
the Senate. A huge and decisive majority of Senators decided to vote 
for its use in that case.
  You also have, as I said, other examples where it was done to 
accomplish reducing taxes, increasing taxes. Those are all arguably 
legitimate uses under the procedure of reconciliation.
  But now what you are finding is legislation that literally would 
restructure and reorder one-sixth of the American economy that would 
have profound consequences and a profound impact on the American people 
for not only the near term but the long term. We are talking about 
using this ``go your own way,'' ``go it alone'' process of 
reconciliation simply because using regular order cannot accomplish the 
objective that is desired by the Democratic majority. So they have 
fallen back on the use of reconciliation for something that is 
unprecedented.
  It is interesting to me, if you look historically at what some of our 
colleagues have said, there are not many people who have more 
experience with this issue or more experience in the Senate than the 
Senator from Utah, but the Senator from West Virginia, a member of the 
Democratic majority, has been here even longer and is cited most often 
as being the author of the current budget process that we have, which 
includes this reconciliation procedure. He wrote a letter a year ago 
which I wish to submit for the Record, and I wish to quote the first 
paragraph from that letter of a year ago in April. He said:

       Dear colleague:
       I oppose using the budget reconciliation process to pass 
     health care reform and climate change legislation. Such a 
     proposal would violate the intent and spirit of the budget 
     process and do serious injury to the constitutional role of 
     the Senate.

  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                      U.S. Senate,


                                  Committee on Appropriations,

                                     Washington, DC, April 2, 2009
       Dear Colleague: I oppose using the budget reconciliation 
     process to pass health care reform and climate change 
     legislation. Such a proposal would violate the intent and 
     spirit of the budget process, and do serious injury to the 
     Constitutional role of the Senate.
       As one of the authors of the reconciliation process, I can 
     tell you that the ironclad parliamentary procedures it 
     authorizes were never intended for this purpose. 
     Reconciliation was intended to adjust revenue and spending 
     levels in order to reduce deficits. It was not designed to 
     cut taxes.It was not designed to create a new climate and 
     energy regime, and certainly not to restructure the entire 
     health care system. Woodrow Wilson once said that the 
     informing function is the most important function of 
     Congress. How do we inform? We publicly debate and amend 
     legislation. We receive public feedback, which allows us to 
     change and improve proposals. Matters that affect the lives 
     and livelihoods of our people must not be rushed through the 
     Senate using a procedural fast track that the people never 
     get a chance to comment upon or fully understand.
       Reconciliation bills are insulated from debate and 
     amendments. Debate is limited to twenty hours, and a majority 
     vote can further limit debate. The rules are stacked against 
     a partisan Minority, and also against dissenting views within 
     the Majority caucus. It is such a dangerous process that in 
     the 1980s, the then-Republican Majority and then-Democratic 
     Minority adopted language, now codified as the Byrd Rule, to 
     discourage extraneous matter from being attached to these 
     fast-track measures.
       The Senate cannot perform its Constitutional role if 
     Senators forgo debate and amendments. I urge Senators to 
     jealously guard their individual rights to represent their 
     constituents on such critical matters as the budget process 
     moves forward.
       With kind regards, I am
           Sincerely yours,
                                                   Robert C. Byrd.

  Mr. THUNE. That is what the author of reconciliation said a year ago 
about trying to do health care reform through this process that the 
majority has decided to use.
  There are lots of other examples of our colleagues in the Senate on 
the other side of the aisle--and I could go on and on. The majority 
leader, Senator Reid, in November of 2009 said: ``I am not using 
reconciliation.''
  Senator Conrad, the chairman of the Budget Committee, said in March 
2009 on the Senate floor:

       I don't believe reconciliation was ever intended for the 
     purpose of writing this kind of substantive reform 
     legislation such as health care reform.

  Even the President, when he was a Senator at that time, and now 
President said reconciliation is a bad idea.
  So we could go on and on and we can find these statements of our 
colleagues on the other side who, in the past, have expressed 
opposition, and not just timid, tepid opposition but, I would argue, 
very aggressive opposition to the use of reconciliation for something 
this consequential and are now sort of falling back.
  I have 18 Democrats on the record who have said they oppose 
reconciliation and are now saying they think this could be used for 
this purpose and now is being referred to as a simple majority.
  So, again, I would say to my colleague from Utah that I think the 
spin that is going on now to try to confuse the American people about 
what is happening is something we need to end. We need to be 
transparent and clear with the American people about what is being done 
here.
  I would simply ask my colleague from Utah whether he thinks the 
process of using reconciliation, the process that has led us to this 
point, or, for that matter, the underlying substance of this bill, is 
something the American people would be proud of and would want to see 
us pass in the Senate.
  Mr. HATCH. My friend from South Dakota hit the nail on the head. I 
appreciate his remarks. If this legislation were sound policy, if it 
incorporated consensus ideas, if it had any level of real support among 
the American people, Washington liberals would not need to use the 
gimmicks they are using. They wouldn't have to use the tricks that are 
being used. They wouldn't have to use the spin that the Senator from 
South Dakota so accurately described.
  I mentioned earlier that the reconciliation process has never been 
used to enact sweeping social legislation that did not have wide 
bipartisan support.
  Mr. ROCKEFELLER. Would the Senator yield?
  Mr. HATCH. I am happy to yield for a question because I do want to 
finish my remarks.
  Mr. ROCKEFELLER. As I understand it--and I am presiding over the 
Federal Aviation Administration legislation, so this is a little 
offtrack, but it is very hard for me to listen to this kind of dialogue 
week after week without having these thoughts and questions.
  Mr. HATCH. OK.
  Mr. ROCKEFELLER. The Senate passed with 60 votes the health care bill 
which is now----
  Mr. HATCH. Sixty partisan votes.
  Mr. ROCKEFELLER. Right--which is now on the way over to the House. 
The House has it.
  Mr. HATCH. Right.
  Mr. ROCKEFELLER. The question is, is the House going to pass it. If 
there is going to be any health care reform at all, the House has to 
pass it. Now, if the House does pass it, it will then constitute about 
85 to 90 percent of the entire health care bill.
  I listened to my good friend and the Senator from South Dakota talk 
about 16 percent of the gross national product. But the bill that will 
come out of the House--hopefully passed--and, therefore, will not have 
to come back to the Senate will, No. 1, be nowhere--will be the vast 
majority of the 16 percent, if that is an accurate figure. But one 
thing that is even more clear to me is it will have absolutely nothing 
to do with reconciliation, just the regular legislative process.
  The only question about reconciliation and the only place where it 
applies from this Senator's point of view

[[Page 3207]]

is on that particular add-on that would be done to include some 
Republican ideas and include a few more things that the House wants to 
do.
  I ask the Senator from Utah, why does he say this is reconciliation 
affecting 16 percent of GDP when, in fact, it affects 14 percent or 15 
percent of GDP, which is simply in the regular order of Senate process 
and has nothing to do with reconciliation?
  Mr. HATCH. Well, I have already said that it is the combination of 
these bills that Washington liberals want and that combination cannot 
pass without reconciliation. First of all, we know the House doesn't 
like the bill that passed in the Senate. If they had the votes to pass 
it over in the House, it would already be passed. So what they have 
done is come up with some cockamamie misuse of reconciliation to do a 
smaller bill.
  Mr. ROCKEFELLER. I have stipulated that.
  Mr. HATCH. Let me finish--doing a smaller bill that, assuming they 
can pass the large bill, would then come over here.
  I submit to you--and I know it is absolutely true--they can't pass 
the larger bill. I have also indicated that they may abuse the rules 
further by getting a special rule over there that would would have to 
deem the Senate bill as having been passed by the House even though 
there never was a vote on it.
  So the key vote would be the vote on the rule to deem the Senate bill 
as passed. That is a really, really mixed up and messed up version of 
the reconciliation process. There is only one reason they are doing 
that, and that is because it is the only way they can possibly get the 
health care reform they want.
  Mr. ROCKEFELLER. Then I would further inquire: I don't see any 
possibility of the House changing a bill, which would have to come back 
over to the Senate, because it would be highly unlikely the Senate 
would be able to pass that bill. So I don't think that will be the 
process. I think what the House will do--and they said they haven't 
done it; therefore they can't do it--well, they said that about the 
Senate bill in the Senate, too, and we did, and it was very close for 
reasons that it got no votes from your side. But that is not the point.
  The point is, reconciliation on 16 percent of the GDP, if they pass 
it--and this is all in the full time of working out the process on the 
House side the Senate bill, which is what they want to try to do, and 
then the reconciliation is not done on their side, it is done on our 
side, in which we put in a few things to--whatever will be attractive 
to Republicans as well as some things which will help with liberals on 
the Democratic side in the House because they are more liberal than we 
are.
  That, I would say to my good friend from Utah, is not reconciliation, 
but it is put that way for months now. I am on the floor and I have 
this microphone and you are being kind enough to be patient with me, 
but it isn't reconciliation. The Senator from South Dakota said it is 
16 percent of the gross domestic product. It isn't. It is probably 
about 5 percent, 6 percent.
  Mr. HATCH. Well, I wish to finish my remarks.
  Mr. ROCKEFELLER. I thank the Senator.
  Mr. HATCH. I am happy to do it. I wish to finish my remarks, but the 
real problem is that the House is having difficulty passing the Senate 
bill because an awful lot of liberals don't like it, and an awful lot 
of conservative Democrats don't like it--if there are any conservative 
Democrats in that body; there may be a few, although there aren't any 
over here in this body. The only way they can get the bill back over 
here with their small reconciliation package that they talked about--
the only way they can do that is by abusing the rules.
  Frankly, if they had the votes to pass it, it would have been passed 
by now. The Senator from West Virginia and I both know they don't have 
the votes.
  Let me just continue on with my remarks. I mentioned earlier that the 
reconciliation process has never been used to enact sweeping social 
legislation that did not have wide bipartisan support, but I also wish 
to emphasize that such major legislation has had wide bipartisan 
support even when passed through the regular legislative process. That 
is the best way to achieve such significant change that can impact so 
much of our economy and virtually every American family.
  The Senate, for example, passed the Social Security Act in August 
1935 by a voice vote. The legislation creating the Medicare Program in 
July 1965 received 70 votes, a bipartisan vote. Legislation such as the 
Americans with Disabilities Act, in which I played a significant role, 
passed in 1990 by a vote of 94 to 6, and a revision in 2008 passed the 
Senate and the House unanimously. That is the best way to enact 
sweeping social legislation with wide bipartisan support and the deep 
consensus of the American people.
  If you look at the meeting down at the White House of Republicans and 
Democrats and the President, I think it was shocking to many who had 
been blaming Republicans for not coming up with a bill, knowing that 
there was no chance it would even be considered, to see that 
Republicans had a lot of ideas and were willing to work with Democrats, 
would have worked together. We could have started by doing the things 
we can agree on and then go from there and see what we can do to bring 
about a bipartisan consensus. But, no, that wasn't good enough.
  So whether our regular legislative process is used or the exception 
to that process called reconciliation is used, major social legislation 
has had wide bipartisan support. This one does not. Legislation with 
much less impact on the health care bills before us had to have wide 
bipartisan support. But rather than compromise or deviate in any way 
from their big government, federally controlled, one-size-fits-all 
approach, Washington liberals have insisted that they know better than 
the American people, and the American people have caught on to them. 
These liberals are determined to have their way by any means necessary, 
even by the illegitimate use of an extraordinary process such as 
reconciliation.
  I ask unanimous consent that a column by this body's former majority 
leader, Dr. Bill Frist, appearing in the February 25 edition of the 
Wall Street Journal be placed in the Record following my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. HATCH. Mr. President, Senator Frist cogently argues that using 
reconciliation for this health care legislation would be a historic and 
dangerous mistake.
  There is still time to turn back from this path. There is still time 
to do what nearly three-quarters of Americans want us to do and that is 
start over and work together. I hope we do. I told the President 3 days 
after the inauguration, when I was down there at their request, that I 
would be happy to work with him, and I know a lot of other Republicans 
would be happy to. We were never even called on it.
  I wish to thank my distinguished colleague from South Dakota, Senator 
Thune, for his leadership in this body and his articulate arguments 
here today. I have appreciated them. He does a great job leading our 
policy committee and is a real advocate for sound ideas and 
conservative principles. I hope he feels as I do, as we have outlined 
today, that on both substance and process the Senate is heading in the 
wrong direction on health care reform. We need to pull back and do it 
right.
  Mr. THUNE. If the Senator will yield for just one final point.
  Mr. HATCH. I am happy to yield.
  Mr. THUNE. I think it is an important one point. I hear articulated 
by our colleagues on the other side the whole process by which the 
House is acting on this legislation. I served for three terms in the 
House of Representatives. I still have colleagues and friends over 
there, and I know they have a way, through the rules process, of doing 
a lot of things that aren't allowed in the Senate.
  The Senate was designed by our Founders to be more free flowing, to 
slow things down, and to be more deliberative. The Rules Committee 
allows them to put together what is called a

[[Page 3208]]

self-enacting, self-executing rule and, as you said, to ``deem as 
passed'' the Senate bill without a rollcall vote or without a recorded 
vote on it, which tells us right there that there are a lot of House 
Members who don't want to vote on the Senate-passed bill. They don't 
want to go on the record.
  The only way that bill can pass in the House of Representatives is 
with an accompanying reconciliation vehicle that makes the fixes that 
most of those House Members want to make.
  My point simply is this: Health care reform cannot pass absent this 
reconciliation process that is being promised on the House side, and 
also being promised to House Members is that if they vote for it over 
there, the Senate will follow suit. With all the points of order that 
will lie against this legislation when it comes to the Senate, in all 
likelihood the House Members are being asked to take an incredible leap 
of faith that the Senate is going to be able to maintain many of the 
provisions they added to the reconciliation bill in the House.
  The point--and I come back to the dialog the Senator from Utah had 
with the Senator from West Virginia because I think it is an 
interesting point of discussion and one criticism I heard from our 
colleagues on the other side--but, frankly, the House of 
Representatives could not pass health care reform absent this 
reconciliation vehicle. It is about one-sixth of our economy. It is 
about reordering, restructuring, literally, something that is personal 
and important to every American. When you are talking about doing 
issues of that consequence and that impact, it ought to be done, as the 
Senator from Utah has mentioned, as has been done in the past, in a 
bipartisan way that elicits the best suggestions and ideas of both 
sides and gets a broad bipartisan vote in the Senate.
  I thank the Senator from Utah for his leadership.
  Mr. HATCH. I appreciate the Senator's remarks. Make no bones about 
it, they know they cannot pass the bill that has been sent over there, 
so they are going to attempt this extraordinary rules gimmick.
  Frankly, it really disturbs me that on something this important, 
something that affects one-sixth of the American economy, they are 
willing to play games with this in order to get their will when a vast 
majority of the American people are against what they are doing. Only 
about 24 percent are for it. Frankly, they want their way no matter 
what. If they pull this off, and I question whether they can, but if 
they do, I believe they are going to pay a tremendous price.
  It is not the way we should be legislating, especially since a number 
of us have been willing to work with them on issues we agree on first--
and there is a lot we could agree on first--and then go from there and 
battle it out on the issues on which we cannot agree. That is a pretty 
good offer, and it has been on the table from the inauguration on.
  There is something more to this. It is a question of power. If they 
get control of the health care system of this country and they move it 
more and more into the Federal Government and more and more people 
become dependent on the Federal Government, then it is a question of 
power.
  I want to make fewer and fewer people dependent on the Federal 
Government. I would like to have people have freedoms. This is going to 
take away freedoms. Not only that, in order to arrive at this $2.5 
trillion bill, they have had to use accounting gimmicks like imposing 
taxes first and then 4 years later implementing other parts of the 
bill. Some of it will not be implemented until 2018, long after 
President Obama, assuming he is elected to two terms, is gone. That is 
to accommodate their union friends, knowing that otherwise they will 
never have the guts to enact that part of the bill.
  This bill is going to cost a lot more. We are already spending $2.4 
trillion on our health care system in this country. They want to add 
another $2.5 trillion to it. They say it is $1 trillion, but they use 
gimmicks for the first several years. Can you imagine $5 trillion for 
health care? And they still do not cover everybody in our society. 
There is a real issue of whether they are covering a lot of people the 
American taxpayers are going to have to pay for who should not be 
covered.
  To use this process to slip such a bill through, it is abysmal. They 
should be ashamed of themselves. They act as if the American people are 
so doggone stupid, they cannot figure it out. They have already figured 
it out. They know it is not a good thing.
  Mr. THUNE. Will the Senator yield?
  Mr. HATCH. Yes, I yield.
  Mr. THUNE. I think they have figured it out, which is why the last 
survey I quoted was the CNN survey which said 48 percent of the people 
want us to start over and 25 percent want Congress to quit working on 
the issue altogether. That is literally three-quarters of Americans who 
have rejected the substance of this legislation--higher taxes, expanded 
government, Medicare cuts, higher premiums for most Americans--and some 
who flatout do not want anything done, which, as I said, is not the 
view to which I subscribe. Three-quarters of Americans understand what 
this bill is about. They know how it was put together, and they reject 
both.
  Mr. HATCH. I know the distinguished Senator knows as well as I know 
that there are 1,700 provisions in this bill that turn the power over 
to make decisions on our health care matters to the Secretary of Health 
and Human Services. I don't care whether the Secretary is a Democrat or 
a Republican. Naturally, I prefer a Republican, but I don't care 
whether they are either. That kind of power should not be turned over 
to the bureaucracy.
  I think Republicans are willing to stand up and have the guts to do 
it. My gosh, there has not been a hand extended to us at all during 
this process. They just said: Take it or leave it.
  I was in the Gang of 7 on the Finance Committee. I thought that the 
chairman was trying his best but was not given enough power to really 
come up with a health care bill, except within the parameters they had 
already decided. He was so restricted. I decided that I could no longer 
continue in those talks.
  The bill turned out as I thought it would. They took the HELP 
Committee bill and then they took aspects of the Finance bill and in 
one office, with even very few Democrats--no Republicans--they came up 
with this monstrosity of a bill on which the House now does not want to 
vote. They are going to do anything they can to avoid that vote, even 
gimmicking up the whole process. That is disgraceful, in my eyes.
  I do not need to go on any further. I think we ought to start over. 
We ought to do it right. We ought to work together and start with the 
issues on which we can agree. I think there would be a number of 
considerable issues we can agree on, starting with people who have 
preexisting conditions. They ought to be able to get health insurance. 
We all agree on that. There are a number of other things on which we 
can agree.
  I thank my dear colleague from South Dakota. I thank him for the 
excellent remarks he made on the floor. I appreciate him answering some 
of the questions I had.
  I yield the floor.

                               Exhibit 1

             [From the Wall Street Journal, Feb. 25, 2010]

A Historic and Dangerous Senate Mistake: Using `Reconciliation' To Ram 
       Through Health Reform Would Only Deepen Partisan Passions

                            (By Bill Frist)

       Senate Majority Leader Harry Reid has announced that while 
     Democrats have a number of options to complete health-care 
     legislation, he may use the budget reconciliation process to 
     do so. This would be an unprecedented, dangerous and historic 
     mistake.
       Budget reconciliation is an arcane Senate procedure whereby 
     legislation can be passed using a lowered threshold of 
     requisite votes (a simple majority) under fast-track rules 
     that limit debate. This process was intended for incremental 
     changes to the budget--not sweeping social legislation.
       Using the budget reconciliation procedure to pass health-
     care reform would be unprecedented because Congress has never 
     used it to adopt major, substantive policy change. The 
     Senate's health bill is without question such a change: It 
     would fundamentally alter one-fifth of our economy.

[[Page 3209]]

       The first use of this special procedure was in the fall of 
     1980, as the Democratic majority in Congress moved to reduce 
     entitlement programs in response to candidate Ronald Reagan's 
     focus on the growing deficit. Throughout the 1980s and '90s, 
     reconciliation was used to reduce deficit projections and to 
     enact budget enforcement mechanisms. In early 2001, with 
     projected surpluses well into the future, it was used to 
     return a portion of that surplus to the public by changing 
     tax rates.
       Senators of both parties have assiduously avoided using 
     budget reconciliation as a mechanism to pass expansive social 
     legislation that lacks bipartisan support. In 1993, 
     Democratic leaders--including the dean of Senate procedure 
     and an author of the original Budget Act, Robert C. Byrd--
     appropriately prevailed on the Clinton administration not to 
     use reconciliation to adopt its health-care agenda. It was 
     used to pass welfare reform in 1996, an entitlement program, 
     but the changes had substantial bipartisan support.
       In 2003, while I was serving as majority leader, 
     Republicans used the reconciliation process to enact tax 
     cuts. I was approached by members of my own caucus to use 
     reconciliation to extend prescription drug coverage to 
     millions of Medicare recipients. I resisted. The Congress 
     considered the legislation under regular order, and the 
     Medicare Modernization Act passed through the normal 
     legislative procedure in 2003.
       The same concerns I expressed about using this procedure to 
     fast-track prescription drug expansions with a simple 
     majority vote were similarly expressed by Majority Leader 
     Reid, Senate Budget Committee Chairman Kent Conrad, Finance 
     Committee Chairman Max Baucus, and others last year when they 
     chose not to use the procedure to enact their health-care 
     legislation. Over the past several months, an additional 15 
     Democratic senators have expressed opposition to using this 
     tool.
       The concerns about using reconciliation to bypass Senate 
     rules which do not limit debate reflect the late New York 
     Democratic Sen. Pat Moynihan's admonishment--that significant 
     policy changes impacting almost all Americans should be 
     adopted with bipartisan support if the legislation is to 
     survive and be supported in the public arena.
       Applying the reconciliation process is dangerous because it 
     would likely destroy its true purpose, which is to help enact 
     fiscal policy consistent with an agreed-upon congressional 
     budget blueprint. Worse, using reconciliation to amend a bill 
     before it has become law in order to avoid the normal House 
     and Senate conference procedure is a total affront to the 
     legislative process.
       Finally, enacting sweeping health-care reform through 
     reconciliation is a mistake because of rapidly diminishing 
     public support for the strictly partisan Senate and House 
     health bills. The American people disdain the backroom deals 
     that have been cut with the hospital and pharmaceutical 
     industries, the unions, the public display of the 
     ``cornhusker kickback,'' etc. The public will likely--and in 
     my opinion, rightly--rebel against the use of a procedural 
     tactic to lower the standard threshold for passage because of 
     a lack of sufficient support in the Senate.
       Americans want bipartisan solutions for major social and 
     economic issues; they don't want legislative gimmicks that 
     force unpopular legislation through the Senate. Thomas 
     Jefferson once referred to the Senate as ``the cooling 
     saucer'' of the legislative process. Using budget 
     reconciliation in this way would dramatically alter the 
     founders' intent for the Senate, and transform it from 
     cooling saucer to a boiling teapot of partisanship.
       Mr. Reid was right to rule out this option when this saga 
     began last year. He would be wise to abandon it today.

  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. ROCKEFELLER. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. BURRIS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Shaheen). Without objection, it is so 
ordered.


                           Health Care Reform

  Mr. BURRIS. Madam President, I just heard an interesting colloquy 
between two distinguished friends from across the aisle in reference to 
health care. Although I found that back-and-forth dialogue very 
interesting, one problem with the dialogue was it was misinformation 
that my distinguished colleagues are putting out on this floor and to 
the people of America. They keep saying we should start over on health 
care. They are saying we didn't incorporate any of their proposals. And 
that is the farthest thing from the truth.
  The work on this bill took over a year, and they had all the input. 
Even the President of the United States incorporated their ideas into 
the bill we passed from this distinguished body, in the bill that is 
now lying between the House and the Senate. So while I found their 
colloquy very interesting, I hope the American people will begin to 
look at what is being put out here, what is being said here, and 
realize that our distinguished colleagues across the aisle don't want 
to see health care reform enacted. Evidently, they want to continue 
with the same old ways, with the insurance companies controlling this 
health sick system, not health care system. It is a profit-making 
system for them. I hope the American people will see right through 
their comments.
  I want to talk today about whether there are real winners and losers 
in this health care debate. Since the beginning of the debate over 
health care reform, we have heard an awful lot about the political 
problems associated with taking on this issue. It is difficult, it is 
divisive, and there are no easy answers, and for those reasons, it is 
no wonder our elected leaders have been unable to solve this problem 
for almost 100 years. This is nothing new. We have been working on this 
in this body for over 97 years.
  There will never be a shortage of reasons to put off the tough 
questions, to avoid the tough issues and kick the can down the road. 
There will never be a shortage of roadblocks and excuses. Over the last 
century, we have heard an awful lot of them. But we must not settle for 
that any longer. We must reject the tired politics of the past and the 
tired politics of right now--and the politics we just heard from my 
distinguished colleagues from across the aisle. It is now time to lead. 
It is time to say: Enough is enough--to stop shrugging off the 
difficult problems and to meet them head on. It is time to 
fundamentally change the conversation.
  We have heard far too much about the political winners and losers in 
the health care debate and not enough about the real winners and losers 
in America's health care system. So let us refocus the terms of this 
discussion and keep the perspective where it should be: on the ordinary 
Americans who need our help, the ordinary Americans who need health 
care coverage now.
  Because this isn't about electoral math. It is not about poll numbers 
or partisan talking points or cold statistics. It is about hard-working 
folks who are suffering and dying every single day under a system that 
is badly in need of repair. It is about the people whose lives and 
livelihoods are on the line. Our success or failure at passing reform 
will have political consequences for some of the people in this 
Chamber, but I believe those concerns are insignificant compared to the 
real consequences it will have for ordinary Americans all across this 
country.
  So I call upon my colleagues in the Senate and my friends in the 
media to focus our attention on what matters. Let's talk about what 
reform means for regular folks, not politicians or special interests or 
even insurance lobbyists. This is bigger than politics. This is about 
addressing a national problem that has touched untold millions of lives 
over the past 100 years.
  As we debate this legislation today, there are 47 million people in 
this country without any insurance coverage at all, and there are 
another 41 million people who lack stable coverage. For every year we 
fail to pass reform, another 45,000 Americans will die because they do 
not have health insurance and can't get access to the care they need. 
These are the people who are depending on us--folks in Illinois and 
every other State in this Union. These are the people who stand to 
benefit from our reform proposals and who continue to suffer every 
single day that we fail to take action; for example, people such as 
Linda and her husband, back in my home State of Illinois. In 2008, they 
were paying $577 per month for health insurance under the COBRA 
program. They each had a clean bill of health and had no reason to fear 
illness or injury. But when their COBRA coverage ran out on the first 
day of 2009, their premiums jumped up to over

[[Page 3210]]

$1,000 per month. They had no idea why the change was so drastic. They 
were perfectly healthy. Yet their monthly bills had almost doubled. So 
to try to save money, Linda and her husband switched to the individual 
insurance market and got a plan with a $5,000 deductible and a large 
copay. The switch was easy. They didn't even have to get a physical 
exam. Like many Americans, they had every reason to believe their 
coverage was secure.
  When Linda's husband got sick in October of 2009, he had a successful 
bypass surgery. The insurance provider approved the procedure ahead of 
time. But once the surgery was complete, the company simply changed its 
mind. Even though Linda and her husband had never been treated for 
previous heart problems, and even though he had not even been diagnosed 
with anything, Blue Cross/Blue Shield suddenly decided he had a 
preexisting condition and they rescinded his policy. His coverage ended 
on the spot, and he and his wife were left out in the cold. Today, they 
owe medical bills that add up to $208,000, with $89,000 about to go 
into collection.
  Linda and her husband are just like millions of us in this country; 
they were perfectly healthy; they thought they had stable insurance; 
they paid for quality coverage. And then, when they needed it most, 
their insurance company walked away from them. That is absurd. That 
should not happen to anybody in the United States of America.
  I think Linda said it best when she said:

       They did nothing but take our money, and now they're 
     sticking us with the bill.

  This is outrageous and it is totally unacceptable. Yet this is the 
reality faced by millions of Americans every single day. Insurance 
companies should no longer be allowed to pull this kind of bait-and-
switch action on anybody. That is why we need to pass reform that will 
give people like Linda the ability to hold insurance companies 
accountable so they can stop abusing their customers. That is why we 
need to restore robust competition to the market, so people can shop 
around if they don't think they are getting a fair deal with their 
insurance provider. That is why we need reform that will provide real 
cost savings, so coverage is affordable for Linda and her husband, 
along with millions of others like them. These are the people our 
legislation is designed to help.
  I think we have heard enough talk about the political winners and 
losers in the health care debate. We have heard enough about 
Washington. Because across America, the only real winners are the big 
insurance corporations that continue to rake in the cash, making record 
profits. We saw the reports given on their income for 2009--record 
profits for the insurance companies, with less coverage, and millions 
of Americans being denied coverage. The only real losers are the hard-
working Americans who can't afford coverage and can't get treatment.
  It is our duty to fight for these folks, and I would urge my 
colleagues to honor this sacred trust. The other day President Obama 
gave a stern speech that captured the spirit of this fight. He called 
for bipartisan cooperation and urged regular Americans to get angry and 
to get fired up and to say: We aren't going to take it anymore. He 
asked them to get involved in this process so we can pass this bill and 
make reform a reality for Linda and millions of others.
  My colleagues, let us take President Obama's speech as a wake-up 
call. Let us listen to the will of the American people. We have moved 
this legislation further than any other Congress. At this time, we 
cannot let this legislation not become effective. It should become 
effective, it will become effective, and we must finish the job.
  Madam President, I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SPECTER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3485 to Amendment No. 3452

  Mr. SPECTER. Madam President, I have sought recognition to discuss an 
amendment I intend to offer.
  The U.S. shipyards play an important role in supporting our Nation's 
maritime presence by building and repairing our domestic fleet. The 
industry has a significant impact on our national economy by adding 
billions of dollars to our annual output. The commercial shipbuilding 
and ship repair industry is a pillar of the American steelworker labor 
force, employing nearly 40,000 skilled workers.
  In the year 2000, the Philadelphia shipyard was rebuilt on the site 
of the U.S. Navy shipyard. The Philadelphia Naval Shipyard was a 
historical institution in Philadelphia, employed upwards of 40,000 
during the height of the war. At the time of its closing, it employed 
about 7,000. We fought the case to retain the Philadelphia Naval 
Shipyard all the way to the Supreme Court of the United States because 
the government on the BRAC had concealed information from admirals that 
the yard ought to be kept open. But the case was too difficult, argued 
on the grounds that there was an unconstitutional delegation of 
authority to the base-closing commission. But the Supreme Court would 
have had to have overturned some 300 decisions to leave the 
Philadelphia Naval Shipyard intact.
  The Aker Philadelphia Shipyard employs some 1,200 highly skilled 
professional workers. Since 2003, it has built more than 50 percent of 
the large commercial vessels produced in the United States. 
Additionally, the shipyard contributes over $230 million annually to 
the Philadelphia region--$5 to $7 million per month in local purchases, 
$8.5 million in annual revenues to the city of Philadelphia--and 
supports over 8,000 jobs throughout the region. Today, the Aker 
Philadelphia Shipyard is one of only two companies producing large 
commercial vessels in the United States and is a critical asset to the 
economic vitality of the mid-Atlantic region of the domestic 
shipbuilding industry.
  Since the economic downturn, shipyards such as the Aker Philadelphia 
Shipyard do not qualify for loan guarantees under existing programs at 
the Department of Transportation. Without assistance, shipyards will be 
forced to begin reducing their highly skilled workforce.
  As the economy recovers, so will the need for ships and our domestic 
shipbuilding capacity. There will also be an additional need for ships, 
as almost $5 billion worth of double-hull construction and conversion 
work will need to take place by the year 2015 to meet the double-hull 
requirement under the Oil Pollution Control Act of 1990.
  To address this dire situation facing our domestic shipbuilding 
industry, I am seeking the establishment of a loan guarantee program 
where the Secretary of Transportation can issue a loan guarantee for 
$165 million to qualifying shipyards. Because loan guarantees leverage 
funding, the program would require only $15 million to leverage the 
$165 million. The $15 million is offset by reprogramming previously 
appropriated funds, so there is no additional spending associated with 
this program. The Federal assistance would be short-term financing, 
bridge financing, to enable shipyards to remain in operation and meet 
the future anticipated demand for domestically produced ships.
  I ask unanimous consent to have the full text of my statement printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Mr. SPECTER. Mr. President, I seek recognition to speak on 
     an amendment I am offering to H.R. 1586, which is the 
     legislative vehicle for the FAA Air Transportation 
     Modernization and Safety Improvement Act.'' This amendment 
     would create a loan guarantee program to maintain the 
     domestic manufacturing capacity for shipbuilding.
       With the U.S. economy still struggling to recover, 
     manufacturing investments can have an immediate impact. 
     Manufacturers have lost more than two million jobs since the 
     recession began in December of 2007, so there is an 
     opportunity to create a large number of jobs in the industry 
     and to simultaneously revitalize our economy and overall

[[Page 3211]]

     global competitiveness. One area where benefits can 
     immediately be seen is the shipbuilding industry. U.S. 
     shipyards play an important role in supporting our Nation's 
     maritime presence by building and repairing our domestic 
     fleet; and the industry has a significant impact on our 
     national economy by adding billions of dollars to U.S. 
     economic output annually.
       These shipbuilding investments are vital to the United 
     States, creating thousands of good-paying jobs across the 
     country. The commercial shipbuilding and ship repair industry 
     is a pillar of the American skilled labor workforce employing 
     nearly 40,000 skilled workers; and the ships produced 
     domestically are an integral part of commerce, international 
     trade, the Navy, Coast Guard, and other military and 
     emergency support. With more than 80 percent of the world's 
     trade carried in whole or part by seaborne transportation, 
     the shipbuilding industry has always had and will continue to 
     have a large industrial base that can support significant job 
     creation and economic growth.
       Since the mid 1990s, the industry has been experiencing a 
     period of expansion and renewal. The last expansion was 
     largely market-driven, backed by long-term customer 
     commitments. Those new assets created much more productive 
     and advanced ships than those they replaced. For example, 
     articulated double-hull tank barge units replaced single-hull 
     product tankers in U.S. coastal trades, and new dual 
     propulsion double-hull crude carriers replaced 30+ year-old, 
     steam propulsion single-hull crude carriers. The new crude 
     carriers are larger, faster, more fuel-efficient and have a 
     four-fold increase in efficiency over the vessels they 
     replaced.
       During the last expansion, the Department of 
     Transportation's Maritime Administration touted the success 
     of Aker Philadelphia Shipyard as a great achievement for the 
     American shipbuilding industry. In 2000, Aker Philadelphia 
     Shipyard was rebuilt on the site of a closed U.S. Navy 
     shipyard. In a few short years, the shipyard became the 
     country's most modern shipbuilding facility employing 1,200 
     highly skilled professional workers. Since 2003, it has built 
     more than 50 percent of the large commercial vessels produced 
     in the United States. Additionally, the shipyard contributes 
     over $230 million annually to the Philadelphia region, $5 
     million to $7 million per month in local purchases, $8.6 
     million in annual tax revenues to the City of Philadelphia, 
     and supports over 8,000 jobs throughout the region. Today, 
     Aker Philadelphia Shipyard is one of only two companies 
     producing large commercial vessels in the United States and 
     is a critical asset to the economic viability of the mid-
     Atlantic region and the domestic shipbuilding industry.
       Despite these successes, the economic collapse has stalled 
     the shipbuilding industry by delaying planned ship 
     acquisitions, constraining the credit markets, and making 
     large vessel acquisitions impossible to finance. The long-
     term customer driven commitments that drove the last 
     expansion are not a possibility in this economic climate. As 
     a result, this industry, which is a part of the national 
     security industrial base, supports thousands of highly 
     skilled jobs, and is critical to the industrial fabric of our 
     nation, is struggling to survive.
       Since the economic downturn, shipyards such as the Aker 
     Philadelphia Shipyard do not qualify for loan guarantees 
     under existing programs at the Department of Transportation. 
     Without assistance, shipyards will be forced to begin 
     reducing their highly skilled workforce, apprentice programs, 
     and vendor and supplier contracts, at a time when we can 
     least afford additional job losses. If this situation 
     persists and companies like Aker were to cease operations, 
     our nation's ability to construct commercial vessels would be 
     severely limited and the investments we made to build this 
     state-of-the-art facility would be lost.
       At the same time, there is a strong and direct correlation 
     between the performance of shipbuilding and the global 
     economy and trade. Shipbuilding activities rise when global 
     trade and the economy grow. Likewise, shipbuilding will be 
     among the first activities to suffer when trade slumps and 
     the economy stutters. This puts shipbuilding at the forefront 
     of one of the world's key and most important economic 
     activities, and a reliable barometer of economic performance.
       As the economy recovers, so will the need for ships and our 
     domestic shipbuilding capacity. The Maritime Administration 
     has recognized that construction of vessels for the Nation's 
     marine highway system could result in significant new 
     opportunities for U.S. shipyards. The shipbuilding industry 
     is also developing vessel portfolios that can be leveraged by 
     the government including military vessels to meet the 
     nation's needs in time of national emergency. For example, 
     the Navy's Littoral Combat Ship and Joint High Speed Vessel 
     programs are based on commercially designed and available 
     vessels. There will also be a need for additional ships as 
     almost $5 billion worth of double hull construction and 
     conversion work will need to take place by 2015 to meet the 
     double hull requirement under the Oil Pollution Act of 1990.
       To address the dire situation facing the domestic 
     shipbuilding industry, I am seeking the establishment of a 
     loan guarantee program, where the Secretary of Transportation 
     can issue a loan guarantee for $165 million to qualifying 
     shipyards. Because loan guarantees leverage funding, the 
     program would require only $15 million to leverage $165 
     million. This $15 million is offset by reprogramming 
     previously appropriated funds, so there is no additional 
     spending associated with this program.
       The federal assistance would be a short-term financing 
     ``bridge'' to enable shipyards to remain in operation and 
     meet the future anticipated demand for domestically produced 
     ships. I encourage my colleagues to help maintain the 
     commercial shipbuilding capacity of the United States through 
     the inclusion of a loan guarantee program.

  Mr. SPECTER. It is my intent to offer this amendment when the time is 
right. I know the distinguished majority leader is now arranging a 
schedule of pending amendments for votes. So I will not offer it at 
this time but will seek to have all of the relevant record and all of 
the relevant information included in the Record as I have stated.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Madam President, the legislation on the floor of the 
Senate is the FAA reauthorization bill. Senator Rockefeller is here, 
Senator Hutchison has been here, and we are working now, trying to find 
a way to move the legislation. It has attracted a lot of amendments 
that have nothing at all to do with the subject. It is as if some 
believe this is not urgent or important. Of course, nothing could be 
further from the truth. There is an urgency to this legislation.
  I know it is not, perhaps, the highest profile legislation in the 
Congress these days, but we have a requirement to reauthorize the 
activities of the FAA. We have now failed to do that and instead had to 
extend their authorization 11 successive times. But because we extend 
it, we then do not improve the authorization and do the things that are 
necessary for improving airline safety, the things that are necessary 
to include the passenger bill of rights which is in this bill, airport 
improvement funds, and particularly modernization of the air traffic 
control system.
  I mentioned yesterday the urgency of moving on what is called 
NextGen; that is, next-generation air traffic control.
  In this country, we now fly to ground-based radar. We have all of 
these airplanes in the sky. Most of them have a transponder or 
something that puts a mark on a controller's screen somewhere in an air 
traffic control sector, and it says, this is where the airplane is. 
Well, that is technically right at that nanosecond, that is where the 
airplane is, but instantly thereafter the airplane is somewhere else, 
and for the next 7 seconds or so, as the sweep of the radar occurs, 
that airplane, particularly if it is a jet, is long gone from that 
little spot. So because we do not know exactly where the airplane is--
we know about where the airplane is--we have routes that are flown that 
are much less direct than they should be. We use more fuel than we 
should. Rather than have direct flights, we cost the passengers time 
and we pollute the air by keeping that airplane in the sky longer 
because we cannot fly direct routes because we do not fly by GPS. Our 
children can operate by GPS with their cell phones, but we cannot fly 
or we do not fly a system of GPS. We fly a system of ground-based radar 
for our navigation, and that has been around forever.
  I mentioned yesterday the circumstances of being able to control air 
traffic in this country. When people began to learn how to fly and they 
started flying airplanes and figured out they could make money by 
carrying the mail, they could only do that when the Sun was up because 
they could not figure out how to fly at night. So they started building 
bonfires, and then they would fly to a bonfire, put a big- old bonfire 
out there 50 miles away and fly to a bonfire and then land. Then they 
put up light stanchions with the lights into the air so they could fly 
toward the lights. Then they invented radar. Then they fly based on and 
guided by ground-based radar.
  But we are way beyond ground-based radar right now. That is what we 
still

[[Page 3212]]

use. But you do not drive a car out here with ground-based radar; you 
drive a car with GPS. Talk about all of the people who are driving 
their vehicles using this little monitor--that is GPS. Your kids have 
GPS on their cell phones, but if you are on a 757 with 250 people 
behind the cockpit flying from Washington, DC, to Seattle, you are not 
flying by GPS because they do not have the technology, they do not have 
the equipage in the planes, in most cases, and they do not have the 
capability on the ground through the FAA to convert from ground-based 
radar to GPS and something called Next Generation, modernization of the 
air traffic control system.
  If we pass this legislation, finally, at long last, we will move in 
that direction aggressively. I have met with the Europeans and others 
who are moving aggressively on Next Generation, and we just keep 
extending--11 times--the FAA reauthorization bill.
  So we bring it to the floor. It includes safety, which I will talk 
about in a moment, it includes investment in the airport infrastructure 
in this country, which means jobs, putting people back to work. But we 
bring the bill to the floor at long last, I think 3 years after it 
should have been done but we could not do it because it got extended.
  Now we have amendments that have nothing at all to do with this--
earmark moratoriums, discretionary spending limits, school vouchers for 
Washington, DC, coastal impact programs for drilling. They do not have 
the foggiest thing to do with the bill that is on the floor of the 
Senate, which is why it is so hard to get things done.
  I have often said, you know, the difference between a glacier and the 
Senate is at least you can see a glacier move from time to time. It is 
so hard to get things done. And this is a demonstration of it right 
now. People come trotting to the floor of the Senate and say: Oh, we 
are working on aviation safety. You know what. Why don't I offer an 
amendment on something that has nothing to do with it at all and then 
go back to my office. It is unbelievable to me.
  Let me talk for a moment about safety because that also represents 
the urgency in this bill.
  I chaired the hearing--several of them now--on the tragic crash that 
occurred in Buffalo, NY, 1 year ago. It took 50 lives--the captain, the 
copilot, flight attendants, passengers, and 1 person died on the 
ground. This is a case where, when we investigate it, as we have, a lot 
of things went wrong. We have a very safe system, very few accidents, 
but if you investigate what happened that night flying into Buffalo, 
NY, you understand we are not far away from another accident unless we 
fix some of these things.
  Here is a Dash 8 airplane, propeller airplane, flying at night in icy 
conditions in the winter, about to land in Buffalo, NY.
  Here is what we have learned. I don't know whether it is just this 
case, just this cockpit, just this airplane, but I doubt it. What we 
learned is the captain of the plane had not slept in a bed 2 nights 
previous. The copilot had not slept in a bed the night before. Two 
people in the cockpit had not slept in a bed the night before the 
flight. Why? The copilot flew from Seattle all the way to Newark to be 
at the duty station because that is where she went to work. She flew 
all night long on a plane that stopped in Memphis to get to the duty 
station. This is a young woman making between $20,000 and $23,000 a 
year in salary. Do we think a young pilot making $20,000 or $23,000--
which raises another question about compensation, low compensation--do 
we think that person, if that person travels all night, is going to 
have the money to pay for a hotel? I don't think so. Two people in that 
cockpit flying at night in the winter with icing conditions.
  We now know that what are supposed to be sterile conditions in the 
cockpit, speaking only below 10,000 feet and only about what is 
happening with that airplane, that sterile condition was violated 
repeatedly, talking about other things, careers and so on. We know now 
there was a training deficiency with respect to the issue of the stick 
push and the stick shaker which engaged when the icing became 
significant. We now know that the most wanted list of airline safety 
requirements from the NTSB, they have had on their most wanted list 
several things that deal with fatigue, with icing that have been there 
for 10, 15 years. All of these things come together and raise questions 
about how do you fix this, how do you make sure this doesn't happen 
again.
  I am not suggesting that regional airlines are unsafe, although I 
think evidence suggests that the most recent crashes have been regional 
carriers. There are questions about the number of hours required to be 
able to sit in the right seat on a regional carrier. There are 
questions about whether the majors that hire a regional carrier to 
carry passengers have some responsibility for that. I believe they 
should. But when someone gets on a regional carrier, which carries 50 
percent of the passengers in the country, all they see is the fuselage 
and the marking that says United, Continental, Delta, USAIR. That is 
all they see. But that may not be the company that is transporting 
them. It may be a very different company, a regional airline company.
  The question is, that trunk carrier whose brand exists on the 
fuselage, have they required the same set of standards? Is there one 
level of safety? That is a requirement dating back at the time in the 
mid-1990s, one level of safety. When you step on an airplane, you 
should have the opportunity to believe that in that cockpit, on that 
plane, with the training and so on, there is one level expected. I 
think this crash in Buffalo raises serious questions about whether that 
exists.
  I had a chart that describes a combination of a couple of issues. One 
is duty time. The other is fatigue. The third is commuting. In this 
case, with this tragedy, I want to show what has occurred. It requires 
us to address this issue. I want to show a chart that shows Colgan Air 
pilots. This could be a chart of virtually any airline, the major 
carriers or the regional carriers. What it shows is where the Colgan 
pilots were commuting from in order to get to the work station at 
Newark, living in Seattle, Portland, Los Angeles, San Francisco, and 
commuting to work all the way across the country. It is not unusual. 
Commuting has been going on for a long time. But the issue of commuting 
is a reasonable issue for us to try to understand and do something 
about.
  It also relates to the issue of fatigue. Do you think in that cockpit 
on that airplane, with a pilot who hadn't slept in a bed for 2 nights 
and a copilot that hadn't slept in a bed the night previous, there was 
not fatigue? It seems pretty unlikely that that group was not fatigued. 
We don't in this bill address the issue of commuting. Randy Babbitt, 
the FAA Administrator, now has sent to OMB a rulemaking on fatigue 
which is important.
  My point is, this crash, this tragedy a year ago raised so many 
questions. You can make the point that this is a very safe system. All 
of us fly all the time. Most every weekend we get on airplanes 
believing that we are being transported safely. I am not trying to 
scare anybody to say that is not the case. I am saying you can decide 
to ignore some of the things we have discovered about the Colgan crash, 
but we do that at our risk, at the risk of reducing that margin of 
safety.
  Here is what a pilot said in a Wall Street Journal article on the 
subject. This is an 18-year veteran pilot describing the routine of 
commuter flights with short layovers in the middle of night: Take a 
shower, brush your teeth, then pretend you slept.
  An important issue for those who fly airplanes, an important issue in 
terms of the question, are pilots fatigued? This shows a pilot watching 
a movie on his computer at a crash house in Sterling Park, VA. It 
houses up to 20 to 24 occupants and is designed to give flight crews 
from regional airlines a quiet place to sleep near their base. Many 
can't afford hotels.
  The copilot made between $20,000 and $23,000 a year. That was her 
salary. She had a part-time job working at a coffee shop. She got on 
the airplane in Seattle to fly to Newark to begin her

[[Page 3213]]

 workday because that is where her duty station was. She flew all night 
long to do it. The fact is, crews who are making that amount of money, 
particularly those who are flying right seat in an airplane, did not 
have the funding to get a motel room.
  My point is, Senator Rockefeller and I and others have worked on this 
FAA reauthorization bill to try to address a wide range of issues. This 
is one, the issue of safety.
  In addition, the captain of this plane had failed a number of 
different exams along the way to getting accredited. But the airline 
that hired the pilot was not able to have the information to understand 
that. This legislation changes that. This airline has said: Had we 
known about the failure of those exams, this pilot would not have been 
hired. But he was because the company didn't know. This legislation 
fixes that. If you want to hire a pilot, you know everything there is 
to know about the record of that pilot.
  My point is, Senator Rockefeller and I, Senator Hutchison and others, 
have brought this bill to the floor of the Senate at long last hoping 
that perhaps we can get a bill passed. There is an urgency here with 
respect to safety and other things. I hope Senator Rockefeller and 
others can expect some cooperation. It is very hard to get cooperation 
here on the floor of the Senate, but if ever there is something we 
might decide to cooperate on, how about making certain there is an 
extra margin of safety in the skies by passing legislation that 
addresses, among other issues, aviation safety. If we do that, we will 
give the American people some measure of confidence on this important 
subject.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Madam President, I ask unanimous consent to set aside the 
pending amendment and call up amendment No. 3475.
  Mr. ROCKEFELLER. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. McCAIN. I understand that is the process right now. However, I 
will discuss the amendment. It is very simple. It would place a 
moratorium on all earmarks in years in which there is a deficit. I am 
pleased to be joined in this effort by my good friend from Indiana 
Senator Bayh. I thank him for his leadership and courage.
  I am sure I don't need to remind my colleagues about our Nation's 
fiscal situation. But let's review the facts anyway. This morning the 
Treasury Department announced that the government racked up a record 
high monthly budget deficit of $220.9 billion last month. We now have a 
deficit of over $1.4 trillion and a debt of over $12.5 trillion. I 
recently have seen a bumper sticker in Arizona that says: Please don't 
tell the President what comes after a trillion.
  Unemployment remains close to 10 percent. According to Forbes.com, a 
record 2.8 million American households were threatened with foreclosure 
last year. That number is expected to rise to well over 3 million homes 
this year. Even with all of this, we continue to spend and spend and 
spend. Every time we pass an appropriations bill with increased 
spending loaded up with earmarks, we are robbing future generations of 
their ability to obtain the American dream. I believe that is immoral. 
That is why I have been pleased and somewhat surprised over the last 
several days to hear about the renewed bipartisan interest in banning 
earmarks. I am thankful for the attention. I welcome the Democratic 
House leadership to the fight against earmarks.
  According to today's Washington Post:

       Facing an election year backlash over runaway spending and 
     ethics scandals, House Democrats moved Wednesday to ban 
     earmarks for private companies, sparking a war between the 
     parties over which would embrace the most dramatic steps to 
     change the way business is done in Washington.

  I applaud the Democrats in the other body for this step. It is a 
small step, but it is a step in the right direction. As House 
Appropriations Committee Chairman Obey pointed out, the fiscal year 
2010 budget included more than 1,000 earmarks for private companies. So 
the effect of the moratorium proposed by the other body would be a 
reduction of about 1,000 earmarks. The problem with this is that there 
were over 9,000 earmarks loaded onto just one of the bills we passed 
last year.
  According to Taxpayers for Common Sense, last year's earmarks funded 
by Congress but not requested by the administration totaled $15.9 
billion. So we spent $15.9 billion on earmarks while we are facing the 
highest national debt in history. Additionally, according to today's 
Congressional Quarterly, ``there are several significant catches'' to 
the House Democrats' earmark moratorium. They note:

       If a program is not formally considered an earmark, 
     according to congressional rules, for instance, it could 
     escape any ban. Billions of dollars in spending for the 
     defense industry could end up slipping through that caveat 
     alone, analysts say.

  So why am I not surprised. Thankfully, the House Republican caucus 
recognized the fact that the Speaker's proposal did little to seriously 
address the problem so they upped the ante and voted unanimously to 
impose an across-the-board earmark ban on their conference. I 
congratulate Mr. Boehner and especially Congressman Flake of Arizona 
for taking this bold step. It was the right thing to do.
  Unfortunately, this newfound zeal for attacking earmarks is not 
shared by their Senate counterparts. According to today's Congressional 
Quarterly:

       Senate Democrats signal that they would not follow suit, 
     even as senior House Republicans responded that all earmarks 
     should be banned.

  Congressional Quarterly also noted:

       It is not clear where Majority Leader Harry Reid stands. 
     His office declined to comment on the House appropriations 
     move. But the Senate appropriators' opposition does not bode 
     well for a ban's prospects in that body.

  Again, I am not surprised. The Washington Post article I cited 
earlier also noted that:

       The latest earmark reform efforts follow a wave of 
     investigations focusing on House appropriators' actions. The 
     Justice Department has looked into the earmarking activities 
     of several lawmakers and, relying on public documents, the 
     House Ethics Committee investigated five Democrats and two 
     Republicans on the Appropriations defense subcommittee, 
     finding that the lawmakers steered more than $245 million to 
     clients of a lobbying firm under federal criminal 
     investigation.
       The lawmakers collected more than $840,000 in political 
     contributions from the firm's lobbyists and clients in a 
     little more than two years.

  The battle over earmarks has been waged over many years--I have been 
engaged in it for 20 years--and I am under no illusions that it will 
end anytime soon. I was encouraged in January 2007 when the Senate 
passed, by a vote of 96 to 2, an ethics and lobbying reform package 
which contained, meaningful earmark reforms. I believed that at last we 
would finally enact some effective reforms. Unfortunately, that victory 
was short lived.
  In August 2007--some 8 months later--we were presented with a bill 
containing very watered-down earmark provisions and doing far too 
little to rein in wasteful earmarks and porkbarrel spending. I find 
myself encouraged by what I have heard over the last several days, but 
I have been around here long enough to know not to get my hopes up. I 
do not look at this as being cynical, just practical.
  Let's take a look at some of the things we have spent hundreds of 
billions of taxpayers' dollars on over the last several years: $165,000 
for maple syrup research in Vermont; $150,000 for the Polynesian 
Voyaging Society in Honolulu; $250,000 for turtle observer funding; 
$500,000 for the Bellevue Arts Museum in Washington; $2 million for the 
algae research in Washington; $500,000--one of my all-time favorites; 
it comes back all the time--to the National Wild Turkey Federation in 
Nebraska; $799,000 for soybean research; $349,000 for pig waste 
management in North Carolina; $819,000 for catfish genome research in 
Alabama; $250,000 for gypsy moth research in New Jersey; $1 million for 
potato research at Oregon State University--and the list goes on--a 
$250,000 earmark for the Iowa Vitality Center at Iowa State University. 
The list goes on and on.
  For over 20 years, I have fought vigorously against the wasteful 
practice

[[Page 3214]]

of earmarking. The fight has been a lonely one and has not won me 
friends in this town over the years. But it is an important fight, and 
I am confident that, in the end, the opponents of this practice will be 
victorious. The corruption which stems from earmarking has resulted in 
current and former Members of both the House and the Senate either 
under investigation, under indictment, or in prison.
  Again, I was pleased to see that the Speaker of the House and the 
chairman of the House Appropriations Committee have recognized earmarks 
for what they are: a corrupting influence that should not be tolerated 
in these times of fiscal crisis--or ever. I applaud my Republican 
colleagues in the House and Senate, especially Senators Coburn and 
DeMint, who have called for a yearlong moratorium on all earmarks. I 
fully support and join them in those efforts.
  But I also think we need to do more. We need a complete ban on 
earmarks until our budget is balanced and we have eliminated our 
massive deficit. This amendment, if considered--and I will make it 
considered at one point or another--will have a proposal to do just 
that, and I encourage my colleagues to join me in this effort. It is 
what the American people want, and we have an obligation to give it to 
them.
  We, as Members of Congress, owe it to the American people to conduct 
ourselves in a way that reinforces, rather than diminishes, the 
public's faith and confidence in Congress. An informed citizenry is 
essential to a thriving democracy, and a democratic government operates 
best in the disinfecting light of the public eye. By seriously 
addressing the corrupting influence of earmarks, we will allow Members 
to legislate with the imperative that our government must be free from 
corrupting influences, both real and perceived. We must act now to 
ensure that the erosion we see today in the public's confidence in 
Congress does not become a complete collapse of faith in our 
institutions. We can and we must end the practice of earmarking.
  I have traveled around the country and all around my home State of 
Arizona. I have seen the Tea Party participants. I have met citizens in 
my State who have never ever been involved in the political process 
before. They are angry, they are frustrated, and they want change. They 
want the change that was promised them last November, which they have 
not gotten. They want us to act as careful stewards of their tax 
dollars.
  Just the other night, my colleague from Arizona, Senator Kyl, and I 
were on a teleconference call to the citizens of our State, and many 
thousands of them were on the call, and we responded to their 
questions. A guy on the phone--he was from Thatcher, AZ--said: I've 
never been involved nor cared much about politics before. But you have 
gotten me off the couch.
  ``You have gotten me off the couch.'' We have lots of people ``off 
the couch'' because they are saying: Enough. They are saying: Enough of 
a $1.4 trillion debt this year and an increase in that debt for next 
year of some $1.5 trillion and an accumulated debt of $12.5 trillion. 
They believe we have spent too much and we have taxed too much.
  So I hope we can send a message by completely banning earmarks and go 
through the appropriate process for the funding of sometimes much 
needed projects; that is, the authorization and then appropriation 
route. Many people believe I am saying--I and those of us who oppose 
earmarks--that we are against any projects for anyone's State or much 
needed help.
  It is not the case. What we are saying is that we want any project 
and expenditure of taxpayers' dollars authorized and then appropriated. 
That way, by authorizing, the authorizing committees can compare all 
the virtues or the necessities of every project and match them up 
against one another rather than an appropriation being added in the 
middle of the night that is directly related to a position on the 
Appropriations Committee or a position of influence rather than merit. 
We cannot afford to continue that practice which has led to the anger 
and cynicism of the American people, and also has led over time to the 
investigation, sometimes indictment, and even incarceration of Members 
of Congress in Federal prison.
  So I urge my colleagues to now stand up and do the right thing; that 
is, to ban the earmarks, at least until we can tell the American people 
we have eliminated this debt we have laid on our children and our 
grandchildren.
  I say to the distinguished chairman of the committee, I did have an 
amendment on bicycle storage facilities, and one other. Perhaps at the 
appropriate time--I will be glad to brief the chairman and his staff--
it would be appropriately in order.
  Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. ROCKEFELLER. Madam President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ROCKEFELLER. Madam President, a primary emphasis I have put into 
this Federal aviation bill over the last number of years is modernizing 
our air traffic control system. I have heard myself talk about it so 
much that I am tired of listening to myself. But, on the other hand, I 
am not sure other people have heard it enough, it is so important.
  One way of explaining it is that most cars use a more sophisticated 
global positioning system than do our air carriers, our legacy 
airlines. That is kind of pathetic and it has to end. The only way we 
can do that is by modernizing the air traffic control system. It is 
doable. There is money in the bill to do it on an annual basis. It 
should be completed by the year 2025. In fact, it has already begun. In 
one of the Gulf States, it is completed and they are using it. Mongolia 
is using it, and we just would think it is not too much to ask to catch 
up to Mongolia on air traffic control.
  We have a very safe air system, but it is not safe enough. By that I 
mean we move 30,000 flights a day in America. More than half of all the 
air traffic in the world is American. Nearly 700 million people per 
year use our airplanes. So how you position airplanes and how you guide 
them and how they know where they are and where they are going and how 
they can most quickly and safely get there is very important.
  The FAA's recent forecasts say there will be probably a 50-percent 
increase in the foreseeable future. That will be well over 1 billion 
passengers per year. But we are already stretched too thin in the air 
traffic control system that we have, which is antiquated and which is 
owned by no other industrialized country in the world, obviously, 
including Mongolia, which probably is not fully industrialized.
  So the Next Generation Air Transportation System--and the word for it 
is NextGen; we just use that word--will create the capacity, will save 
us millions of dollars, it will help clean up our air because airplanes 
will be able to go from one place to the other because they will be 
able to see in real time what the weather patterns are, where other 
planes are. It will help the air traffic controllers on the ground 
position them. Airplanes will be able to fly more closely to each 
other's tail, so to speak. In all ways, it will be much more efficient, 
much more manageable--all in real time. We do it with our automobiles, 
and we ought to be able to do it with planes.
  It is very good environmentally, which to the Presiding Officer, the 
Senator from New Hampshire, may sound like a reasonable prospect. Jet 
fuel is not inexpensive, and it is not carbon free. This will produce a 
lot less carbon emissions. It will also lower another kind of emission, 
which is noise, which affects people, and not just in this city but 
everywhere.
  Most importantly, NextGen will dramatically improve safety, and that 
is the whole point. It will provide pilots and air traffic controllers 
with better situational awareness. It is what we do for our troops, it 
is what we do for ourselves, and we need to do it for our airplanes.
  If you can see weather maps in real time--and you just know airplanes 
are

[[Page 3215]]

going this way and that way to avoid what they visually see in the way 
of clouds or rain or whatever--if they can get it in real-time GPS, 
then they can cut right through and go from point to point much 
quicker.
  So our bill, S. 1451, takes a lot of steps right away to do that. We 
will be spending $500 million a year--that is in the bill--on this. We 
expect it to be finished by 2025. It seems like a long time. We are not 
going to pay for all of it. We are going to ask the airlines to pay for 
equipage, which is their electronic response to what is on the ground, 
which is what we will pay for. Obviously, every airplane will have to 
have that. They will want to do that. They will not like paying for it, 
but they will not like not having it when everybody else does.
  The bill takes further steps to make certain about NextGen. This is 
one of those items that does not sound very good, but if it is done 
properly, it will be very good. We create an air traffic control 
modernization oversight board within the FAA, and they will be active. 
We establish a chief NextGen officer at the FAA. That is a person and a 
group to be responsible simply for seeing that progress is on schedule, 
pushing people who have to be pushed, and we will include 
representatives of Federal employees in the planning of the NextGen 
projects. It is appropriate that we include people who fly airplanes in 
this.
  So we need to begin implementing this technology now, and we need to 
get to the day when we can know we are as safe as we are in our car. 
Actually, I am not sure that is the right encouraging statement, but it 
is dangerous up there and we take a lot of chances. I have been in an 
airplane that was struck by lightning, a single-engine plane with one 
pilot. I did a lot of praying, and here I am.
  Senator Dorgan was speaking about safety. The grieving families from 
flight 3407, that accident in Buffalo, NY, are never to be forgotten, 
and we can never allow a tragedy such as that to happen again. That is 
the problem when you have commuter airlines. Fifty percent of all our 
air traffic is now commuter airlines. As I am sure the Presiding 
Officer understands, in West Virginia and New Hampshire, we don't get--
you get a lot more than we do of major jet flights. We don't get those 
very much. So we make do with the propellers, and I squeeze my 6-foot-7 
frame as best I can usually next to the exit door because there is more 
room there.
  But that accident in Buffalo, NY, was avoidable. It didn't have to 
happen, and it shouldn't ever happen again. We have an important 
opportunity to make serious changes, and we need to make sure these 
changes put safety first. Safety is always the No. 1 consideration.
  So a few ideas. Our bill includes measures to strengthen the Nation's 
aviation safety system and takes great strides to promote something 
called one level of safety. As I stand here speaking to the Presiding 
Officer, I can't believe that one level of safety is going to be 
achieved within 6 months, but that is the objective of the bill--that 
nobody gets to be more safe than somebody else.
  When the Senator from North Dakota was talking about--and this is 
airline pilot folks. They pay their senior people a great deal. But if 
you pay somebody who did not land in Buffalo, NY, in that tragic 
flight, he was being paid between $20,000 and $25,000. Neither the 
Presiding Officer's State nor mine pay teachers that little. It is 
shocking. It is absolutely shocking that an airline pilot would be 
subject to those wages and, therefore, can't stay in a motel overnight 
and, therefore, may go one or two nights without sleep and then fly a 
plane. We can't do that. We can't allow that. That is why we want to 
get to this bill, and we ought to pass this bill instead of waiting 
year after year and postponing it 11 times, as we have, by extending 
the authorization.
  So in recent years we actually have seen the safest period in 
aviation history, even with the busiest system in the world. The air 
traffic controllers oversee over 30,000 flights a day--I think it is 
closer to 36,000 flights a day--and, again, 800 million people each 
year. But there are ways we can do better. Our passengers and the 
dedicated airline workforce deserve better.
  As chairman of the Commerce Committee and as former chairman of the 
Aviation Subcommittee for more than 10 years--I have been into this a 
lot--I appreciate the work Senator Dorgan, who is now chairman of the 
Aviation Subcommittee, has done to continue to focus on safety, using 
flight 3407 that crashed in Buffalo as his sort of emotional touch 
point but simply driving and driving and driving--we have had actually 
eight safety hearings in the committee since that time, since that 
accident.
  One could say, well, so what. But that is what galvanizes us. That is 
what allows us to put together a better safety section in this bill 
which, in fact, we have done.
  So in the bill, we strengthen greatly the training and certification 
of commercial aviation pilots, two vague words with two very sharp 
meanings.
  Our bill requires the FAA to reevaluate pilot training and 
qualifications and issue a new rule to make certain flight crew members 
have the proper skills and experience. They either do or they don't. 
They have to be evaluated, and if they don't make it, they are out. I 
don't know what the union will say about that, but that is what we have 
to do. If the FAA fails to do this and do so by the end of 2011, then 
all air carrier pilots must have at least 1,500 flight hours, and now 
it would be more at the 800 level. In other words, that is a jolt. That 
is a real stick which we are holding out there in this bill to make 
them better in their certification and the rest of it.
  We focus a lot on pilot fatigue. That is a human phenomenon, but it 
is a dangerous one if you are flying an airplane. It requires the FAA 
to revise the flight and duty time regulations for commercial airline 
pilots and issue the final rule within 1 year. No, that is not tomorrow 
but within 1 year, they will have a schedule that will hopefully stop 
this kind of thing, where pilots fly in from San Francisco, don't get 
any sleep, have to sleep in a little bunk house.
  We also require some other key changes. We require an electronic 
database that the FAA must develop and that carriers must consult to 
obtain a full picture of a pilot's experience and skills before giving 
them such enormous responsibility. They have to pass that database 
examination.
  The FAA will also require air carriers to implement a formal remedial 
training program for underperforming pilots. The underperforming is a 
hard thing to evaluate, but it is doable, and the remedial training is 
not hard to do. That is just time in simulated cockpits or in real 
cockpit situations.
  In conclusion, we all must understand the reality we are living with; 
that our utmost priority is always safety, but that is easier said than 
accomplished. The National Transportation Safety Board recently 
determined pilot error was the primary cause of that accident in 
Buffalo, flight 3407. To put it even more clearly, this tragedy simply 
did not have to happen and could have been avoided, and by passing this 
bill, we can do more to make sure we don't repeat that kind of history.
  Safety is always important. I don't know of anyplace where it is more 
important than in the skies.
  I thank the Presiding Officer. I yield the floor and note the absence 
of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. ROCKEFELLER. Madam President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Amendment No. 3453, as Modified

  Mr. ROCKEFELLER. Madam President, I ask unanimous consent that the 
Sessions amendment No. 3453 be modified with the changes at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3453), as modified, is as follows:


[[Page 3216]]

       At the end, insert the following:

     SEC. _01. DISCRETIONARY SPENDING LIMITS.

       (a) In General.--Title III of the Congressional Budget Act 
     of 1974 is amended by inserting at the end the following:


                    ``discretionary spending limits

       ``Sec. 316.  (a) Discretionary Spending Limits.--It shall 
     not be in order in the House of Representatives or the Senate 
     to consider any bill, joint resolution, amendment, or 
     conference report that includes any provision that would 
     cause the discretionary spending limits as set forth in this 
     section to be exceeded.
       ``(b) Limits.--In this section, the term `discretionary 
     spending limits' has the following meaning subject to 
     adjustments in subsection (c):
       ``(1) For fiscal year 2011--
       ``(A) for the defense category (budget function 050), 
     $564,293,000,000 in budget authority; and
       ``(B) for the nondefense category, $529,662,000,000 in 
     budget authority.
       ``(2) For fiscal year 2012--
       ``(A) for the defense category (budget function 050), 
     $573,612,000,000 in budget authority; and
       ``(B) for the nondefense category, $533,232,000,000 in 
     budget authority.
       ``(3) For fiscal year 2013--
       ``(A) for the defense category (budget function 050), 
     $584,421,000,000 in budget authority; and
       ``(B) for the nondefense category, $540,834,000,000 in 
     budget authority.
       ``(4) With respect to fiscal years following 2013, the 
     President shall recommend and the Congress shall consider 
     legislation setting limits for those fiscal years.
       ``(c) Adjustments.--
       ``(1) In general.--After the reporting of a bill or joint 
     resolution relating to any matter described in paragraph (2), 
     or the offering of an amendment thereto or the submission of 
     a conference report thereon--
       ``(A) the Chairman of the Senate Committee on the Budget 
     may adjust the discretionary spending limits, the budgetary 
     aggregates in the concurrent resolution on the budget most 
     recently adopted by the Senate and the House of 
     Representatives, and allocations pursuant to section 302(a) 
     of the Congressional Budget Act of 1974, by the amount of new 
     budget authority in that measure for that purpose and the 
     outlays flowing there from; and
       ``(B) following any adjustment under subparagraph (A), the 
     Senate Committee on Appropriations may report appropriately 
     revised suballocations pursuant to section 302(b) of the 
     Congressional Budget Act of 1974 to carry out this 
     subsection.
       ``(2) Matters described.--Matters referred to in paragraph 
     (1) are as follows:
       ``(A) Overseas deployments and other activities.--If a bill 
     or joint resolution is reported making appropriations for 
     fiscal year 2011, 2012, or 2013, that provides funding for 
     overseas deployments and other activities, the adjustment for 
     purposes paragraph (1) shall be the amount of budget 
     authority in that measure for that purpose but not to 
     exceed--
       ``(i) with respect to fiscal year 2011, $50,000,000,000 in 
     new budget authority;
       ``(ii) with respect to fiscal year 2012, $50,000,000,000 in 
     new budget authority; and
       ``(iii) with respect to fiscal year 2013, $50,000,000,000 
     in new budget authority.
       ``(B) Internal revenue service tax enforcement.--
       ``(i) In general.--If a bill or joint resolution is 
     reported making appropriations for fiscal year 2011, 2012, or 
     2013, that includes the amount described in clause (ii)(I), 
     plus an additional amount for enhanced tax enforcement to 
     address the Federal tax gap (taxes owed but not paid) 
     described in clause (ii)(II), the adjustment for purposes of 
     paragraph (1) shall be the amount of budget authority in that 
     measure for that initiative not exceeding the amount 
     specified in clause (ii)(II) for that fiscal year.
       ``(ii) Amounts.--The amounts referred to in clause (i) are 
     as follows:

       ``(I) For fiscal year 2011, $7,171,000,000, for fiscal year 
     2012, $7,243,000,000, and for fiscal year 2013, 
     $7,315,000,000.
       ``(II) For fiscal year 2011, $899,000,000, for fiscal year 
     2012, and $908,000,000, for fiscal year 2013, $917,000,000.

       ``(C) Continuing disability reviews and ssi 
     redeterminations.--
       ``(i) In general.--If a bill or joint resolution is 
     reported making appropriations for fiscal year 2011, 2012, or 
     2013 that includes the amount described in clause (ii)(I), 
     plus an additional amount for Continuing Disability Reviews 
     and Supplemental Security Income Redeterminations for the 
     Social Security Administration described in clause (ii)(II), 
     the adjustment for purposes of paragraph (1) shall be the 
     amount of budget authority in that measure for that 
     initiative not exceeding the amount specified in clause 
     (ii)(II) for that fiscal year.
       ``(ii) Amounts.--The amounts referred to in clause (i) are 
     as follows:

       ``(I) For fiscal year 2011, $276,000,000, for fiscal year 
     2012, $278,000,000, and for fiscal year 2013, $281,000,000.
       ``(II) For fiscal year 2011, $490,000,000; for fiscal year 
     2012, and $495,000,000; for fiscal year 2013, $500,000,000.

       ``(iii) Asset verification.--

       ``(I) In general.--The additional appropriation permitted 
     under clause (ii)(II) may also provide that a portion of that 
     amount, not to exceed the amount specified in subclause (II) 
     for that fiscal year instead may be used for asset 
     verification for Supplemental Security Income recipients, but 
     only if, and to the extent that the Office of the Chief 
     Actuary estimates that the initiative would be at least as 
     cost effective as the redeterminations of eligibility 
     described in this subparagraph.
       ``(II) Amounts.--For fiscal year 2011, $34,340,000, for 
     fiscal year 2012, $34,683,000, and for fiscal year 2013, 
     $35,030,000.

       ``(D) Health care fraud and abuse.--
       ``(i) In general.--If a bill or joint resolution is 
     reported making appropriations for fiscal year 2011, 2012, or 
     2013 that includes the amount described in clause (ii) for 
     the Health Care Fraud and Abuse Control program at the 
     Department of Health & Human Services for that fiscal year, 
     the adjustment for purposes of paragraph (1) shall be the 
     amount of budget authority in that measure for that 
     initiative but not to exceed the amount described in clause 
     (ii).
       ``(ii) Amount.--The amount referred to in clause (i) is for 
     fiscal year 2011, $314,000,000, for fiscal year 2012, 
     $317,000,000, and for fiscal year 2013, $320,000,000.
       ``(E) Unemployment insurance improper payment reviews.--If 
     a bill or joint resolution is reported making appropriations 
     for fiscal year 2011, 2012, or 2013 that includes 
     $10,000,000, plus an additional amount for in-person 
     reemployment and eligibility assessments and unemployment 
     improper payment reviews for the Department of Labor, the 
     adjustment for purposes paragraph (1) shall be the amount of 
     budget authority in that measure for that initiative but not 
     to exceed--
       ``(i) with respect to fiscal year 2011, $51,000,000 in new 
     budget authority;
       ``(ii) with respect to fiscal year 2012, $51,000,000 in new 
     budget authority; and
       ``(iii) with respect to fiscal year 2013, $52,000,000 in 
     new budget authority.
       ``(F) Low-income home energy assistance program (liheap).--
     If a bill or joint resolution is reported making 
     appropriations for fiscal year 2011, 2012, or 2013 that 
     includes $3,200,000,000 in funding for the Low-Income Home 
     Energy Assistance Program and provides an additional amount 
     up to $1,900,000,000 for that program, the adjustment for 
     purposes of paragraph (1) shall be the amount of budget 
     authority in that measure for that initiative but not to 
     exceed $1,900,000,000.
       ``(d) Emergency Spending.--
       ``(1) Authority to designate.--In the Senate, with respect 
     to a provision of direct spending or receipts legislation or 
     appropriations for discretionary accounts that Congress 
     designates as an emergency requirement in such measure, the 
     amounts of new budget authority, outlays, and receipts in all 
     fiscal years resulting from that provision shall be treated 
     as an emergency requirement for the purpose of this 
     subsection.
       ``(2) Exemption of emergency provisions.--Any new budget 
     authority, outlays, and receipts resulting from any provision 
     designated as an emergency requirement, pursuant to this 
     subsection, in any bill, joint resolution, amendment, or 
     conference report shall not count for purposes of this 
     section, sections 302 and 311 of the Congressional Budget Act 
     of 1974, section 201 of S. Con. Res. 21 (110th Congress) 
     (relating to pay-as-you-go), and section 311 of S. Con. Res. 
     70 (110th Congress) (relating to long-term deficits).
       ``(3) Designations.--If a provision of legislation is 
     designated as an emergency requirement under this subsection, 
     the committee report and any statement of managers 
     accompanying that legislation shall include an explanation of 
     the manner in which the provision meets the criteria in 
     paragraph (6).
       ``(4) Definitions.--In this subsection, the terms `direct 
     spending', `receipts', and `appropriations for discretionary 
     accounts' mean any provision of a bill, joint resolution, 
     amendment, motion, or conference report that affects direct 
     spending, receipts, or appropriations as those terms have 
     been defined and interpreted for purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985.
       ``(5) Point of order.--
       ``(A) In general.--When the Senate is considering a bill, 
     resolution, amendment, motion, or conference report, if a 
     point of order is made by a Senator against an emergency 
     designation in that measure, that provision making such a 
     designation shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       ``(B) Supermajority waiver and appeals.--
       ``(i) Waiver.--Subparagraph (A) may be waived or suspended 
     in the Senate only by an affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       ``(ii) Appeals.--Appeals in the Senate from the decisions 
     of the Chair relating to any provision of this paragraph 
     shall be limited to 1 hour, to be equally divided between, 
     and controlled by, the appellant and the manager of the bill 
     or joint resolution, as the case may be. An affirmative vote 
     of three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required to sustain an appeal of the ruling 
     of the Chair on a point of order raised under this paragraph.

[[Page 3217]]

       ``(C) Definition of an emergency designation.--For purposes 
     of subparagraph (A), a provision shall be considered an 
     emergency designation if it designates any item as an 
     emergency requirement pursuant to this paragraph.
       ``(D) Form of the point of order.--A point of order under 
     subparagraph (A) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       ``(E) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill, upon a point of order being made by any 
     Senator pursuant to this paragraph, and such point of order 
     being sustained, such material contained in such conference 
     report shall be deemed stricken, and the Senate shall proceed 
     to consider the question of whether the Senate shall recede 
     from its amendment and concur with a further amendment, or 
     concur in the House amendment with a further amendment, as 
     the case may be, which further amendment shall consist of 
     only that portion of the conference report or House 
     amendment, as the case may be, not so stricken. Any such 
     motion in the Senate shall be debatable. In any case in which 
     such point of order is sustained against a conference report 
     (or Senate amendment derived from such conference report by 
     operation of this subsection), no further amendment shall be 
     in order.
       ``(6) Criteria.--
       ``(A) In general.--For purposes of this subsection, any 
     provision is an emergency requirement if the situation 
     addressed by such provision is--
       ``(i) necessary, essential, or vital (not merely useful or 
     beneficial);
       ``(ii) sudden, quickly coming into being, and not building 
     up over time;
       ``(iii) an urgent, pressing, and compelling need requiring 
     immediate action;
       ``(iv) subject to clause (ii), unforeseen, unpredictable, 
     and unanticipated; and
       ``(v) not permanent, temporary in nature.
       ``(7) Unforeseen.--An emergency that is part of an 
     aggregate level of anticipated emergencies, particularly when 
     normally estimated in advance, is not unforeseen.
       ``(e) Limitations on Changes to Exemptions.--It shall not 
     be in order in the Senate or the House of Representatives to 
     consider any bill, resolution, amendment, or conference 
     report that would exempt any new budget authority, outlays, 
     and receipts from being counted for purposes of this section.
       ``(f) Point of Order in the Senate.--
       ``(1) Waiver.--The provisions of this section shall be 
     waived or suspended in the Senate only--
       ``(A) by the affirmative vote of two-thirds of the Members, 
     duly chosen and sworn; or
       ``(B) in the case of the defense budget authority, if 
     Congress declares war or authorizes the use of force.
       ``(2) Appeal.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the measure. 
     An affirmative vote of two-thirds of the Members of the 
     Senate, duly chosen and sworn, shall be required to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
       ``(3) Limitations on changes to this subsection.--It shall 
     not be in order in the Senate or the House of Representatives 
     to consider any bill, resolution, amendment, or conference 
     report that would repeal or otherwise change this 
     subsection.''.
       (b) Table of Contents.--The table of contents set forth in 
     section 1(b) of the Congressional Budget and Impoundment 
     Control Act of 1974 is amended by inserting after the item 
     relating to section 315 the following new item:

``Sec. 316. Discretionary spending limits.''.

  Mr. ROCKEFELLER. Madam President, I yield the floor and note the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. SHAHEEN. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Franken). Without objection, it is so 
ordered.


                       International Women's Day

  Mrs. SHAHEEN. Mr. President, I rise to express my disappointment, and 
frankly bewilderment, over the blocking of a resolution to recognize 
International Women's Day. This week, on Monday, March 8, the world 
commemorated International Women's Day, a day for people around the 
world to celebrate the economic, political, and social achievements of 
women--past, present, and future.
  We have made significant progress over the years in advancing women's 
rights and these should be celebrated. However, International Women's 
Day is also a day to recognize how much work there is yet to do in the 
struggle for equal rights and opportunities.
  But last week, I, along with three of our colleagues--Senator Cardin, 
Senator Gillibrand, and Senator Boxer--submitted a resolution to do 
that, to recognize and honor those women in the United States and 
around the world who have worked throughout history to ensure that 
women are guaranteed equality and basic human rights and to recognize 
the significant obstacles women continue to face. Our resolution 
garnered 15 cosponsors from both sides of the aisle, so both our 
Republican colleagues and Democrats cosponsored this resolution.
  I think it is important to note that over the last several years, 
Congress has unanimously passed similar statements supporting the goals 
of International Women's Day and encouraging people across the country 
to observe this important day with appropriate programs and activities.
  But this year, while this day was celebrated and recognized around 
the world, it was not recognized by the Senate. This noncontroversial, 
bipartisan resolution was blocked and the blocking of this resolution, 
is inexplicable and indefensible. But, sadly, it is not surprising 
because obstruction seems to have become a way of doing business around 
here no matter how innocuous the issue.
  Because we were not able to get agreement from the other side in 
passing this resolution, I would like to read into the Record some of 
the statements that are in the resolution so we can honor, at least in 
our Record, the contributions of women around the world.

       Whereas women around the world participate in the 
     political, social, and economic life of their communities and 
     play the predominant role in providing and caring for their 
     families;
       . . . Whereas although strides have been made in recent 
     decades, women around the world continue to face significant 
     obstacles in all aspects of their lives including 
     discrimination, gender-based violence, and denial of basic 
     human rights;
       Whereas women are responsible for 66 percent of the work 
     done in the world, yet earn only 10 percent of the income 
     earned in the world;
       Whereas women account for approximately 70 percent of 
     individuals living in poverty world-wide;
       . . . Whereas women in developing countries are 
     disproportionately affected by global climate change;
       . . . Whereas according to the Department of State, 56 
     percent of all forced labor victims are women and girls;
       Whereas according to the United Nations, 1 in 3 women in 
     the world will be beaten, coerced into sex, or otherwise 
     abused in her lifetime;
       . . . Whereas, the United Nations theme for International 
     Women's Day 2010 is ``Equal rights, equal opportunities: 
     Progress for all'': Now, therefore, be it
       Resolved, That the Senate . . .
       recognizes and honors the women in the United States and 
     around the world who have worked throughout history to strive 
     to ensure that women are guaranteed equality and basic human 
     rights;
       reaffirms the commitment to end gender-based discrimination 
     in all forms, to end violence against women and girls 
     worldwide; and
       encourages the people of the United States to observe 
     International Women's Day with appropriate programs and 
     activities.

  That is a brief version of the full resolution, but I think you can 
tell by what I read, this is a resolution that recognizes the 
challenges that still face too many women, not only in this country but 
especially in developing countries around the world. I hope next year 
when International Women's Day comes around, this body, the Senate, 
will be willing to recognize that day and recognize what is happening 
with women across the country and around the world.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Mr. President, I thank Senator Shaheen for her leadership 
on S. Res. 433. I thank her for coming to the floor this evening to 
explain what this resolution does, that it would have the Senate go on 
record in support of recognizing March 8 as International Women's Day. 
I appreciate Senator Shaheen reading into the Record what is included 
in this resolution. The resolution supports the goals of International 
Women's Day. It recognizes that the economic growth and empowerment of 
women is inextricably

[[Page 3218]]

linked with the potential of nations to generate economic growth in 
sustainable democracies. It recognizes the women in the United States 
and around the world who have worked throughout history to strive to 
ensure that women are guaranteed equality and basic human rights. It 
reaffirms the commitment to end gender-based discrimination in all 
forms, to end violence against women and girls worldwide, and 
encourages the people of the United States to observe International 
Women's Day with appropriate programs and activities.
  I think it is important, as Senator Shaheen has done, to point out we 
have not been able to adopt this resolution because of the objection of 
a Senator. This should have been done. There is nothing controversial 
in this resolution. It has 15 cosponsors. It is bipartisan.
  But most important, it points out a very important fact about women 
around the world; that is, that they are being discriminated against; 
they are being abused; they are being treated unjustly, and we should 
go on record as to what we need to do in order to recognize that fact. 
It is beyond dispute. These are the facts. These are facts stated by 
respected international organizations about how women and girls are 
abused.
  We know about the trafficking of young women and girls. We know about 
the lack of maternal health care. We know about the lack of health care 
for children. We know about the discrimination in education. In Sub-
Saharan Africa, only 17 percent of girls are enrolled in secondary 
schools. We know about that. We know about the abuses in the workforce, 
the fact that Senator Shaheen mentioned--66 percent of the work done by 
women and only 10 percent of the income. These are facts, and we know 
we need to go on record to say we will not allow this to continue.
  I am disappointed we are not going to be able to approve this 
resolution because of the objections. I think it is an inappropriate 
use of a Senator's right to object. I think it is important the 
American people understand that. I thank my colleague from New 
Hampshire for bringing to the attention of our colleagues in the 
Senate, bringing to the attention of the American people, that we stand 
for gender equality. Unfortunately, one Senator is preventing us from 
passing a resolution that should have been passed unanimously by this 
body.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Georgia.


                         Tribute to Kate Puzey

  Mr. ISAKSON. Mr. President, I rise on a very sad moment for me, but a 
very poignant moment as well. This morning at 6:30, when I got up in my 
condominium in Washington, I lit a candle. When I return there this 
evening, I will relight that candle. If you go on YouTube and look to 
``Light A Candle for Kate Puzey,'' you will understand why I lit it, 
because 12 months ago today, March 11 of last year, Katherine ``Kate'' 
Puzey was murdered in Benin, Africa. Two years of volunteer teaching in 
a school in Benin and she was brutally murdered, her life was taken.
  I didn't know Kate Puzey in life, but I have come to know her well in 
death. When I read the article in the Atlanta newspaper about her 
death, I was compelled to go to the funeral that day, to a family I did 
not know in a neighborhood I had not visited. I sat at the back of the 
church, and I listened for 2 hours to the tributes of young person 
after young person, minister after minister, teacher after teacher, 
Peace Corps volunteer after Peach Corps volunteer, talking about this 
wonderful woman of the world, this wonderful light to the world. Kate 
Puzey graduated at the top of her class in Cumming, GA, Forsyth County, 
in high school. She went on to William and Mary College, graduated with 
distinction and honors, was president of student government in high 
school, was everything you would like to see in a young person.
  But she was not just a citizen of America, she was a citizen of the 
world.
  She cared about the less fortunate. She cared deeply about troubled 
children. She committed her life to the Peace Corps immediately upon 
her graduation from college.
  She was assigned to Benin, in west Africa. I am on the Africa 
subcommittee and travel to Africa every year. Last year I was in 
Rwanda, Tanzania, Sudan and Darfur, Kenya. I understand the wonderful 
work of the Peace Corps volunteers in Africa. They are bringing hope 
out of despair, love out of tragedy. That was Kate's mission in life.
  To listen to those Peace Corps volunteers who served with her--and 
they came to visit me and tell me about her--she was a shining star for 
America, she was a shining star for the children of Benin, Africa, she 
was everything John Kennedy intended the Peace Corps to be around the 
world when he created it 49 years ago this month.
  Tragically, though, Kate was murdered. She was brutally murdered at 
the hands of an alleged person who is pending trial in Benin now, a 
person who is alleged to have murdered her because Kate Puzey did what 
is right. You see, Kate, as a teacher in this school, learned there was 
an individual who was sexually abusing young African children in Benin.
  Benin is not like Washington. You do not pick up the phone and call 
the main desk and order something; you don't pick up a newspaper and 
read it; you do not send an e-mail, because it does not exist. To 
communicate is very difficult.
  But Kate, at risk to herself, communicated back to the central office 
what she had learned was taking place in the abuse of these children. 
The next day she was murdered at night in her hut.
  The trial has not taken place yet. I am never going to convict 
anybody until they have had their day of justice. But from all the 
evidence that has been seen, Kate Puzey died because she did what is 
right. It caused me to think, when I met with her folks a few weeks 
ago, and listened to their concerns about other young people around the 
world volunteering in the Peace Corps, that maybe there is something we 
ought to do as a tribute for the sacrifice of Kate Puzey's life; that 
is, find a way to provide for these volunteers a protection, such as 
whistleblowers receive every day in government.
  You see, whistleblower protection for those who would report 
something that is being done wrong keeps them from being abused. But 
Peace Corps people are not employees, they are volunteers. I met with 
Aaron Williams not too long ago, the new Director, who is doing a 
wonderful job at the Peace Corps. He agreed to meet with Kate's 
parents, Lois and Harry Puzey, who suggested to him some of the things 
that could be done as a tribute to Kate, and hopefully preventing 
something like this from ever happening again. I know Aaron Williams is 
looking at that. I commend him for the investigation he is doing.
  Christopher Dodd from Connecticut, in this body, a Peace Corps 
volunteer himself many years ago, and I have met. He has some 
legislation coming soon on the Peace Corps. I spoke to him about 
incorporating a protection similar to whistleblower protection that 
government employees have for these volunteers who are in the Peace 
Corps, and immediately he seized on the idea, because he recognized 
what I know: Peace Corps volunteers are not in the luxury spots around 
the world. They live in danger and with very little support. They live 
way out, but they live there because they want to help. They want to 
protect. They want to right the wrongs.
  When I travel to Africa every year, in every country I go, I invite 
Peace Corps volunteers for breakfast or lunch or dinner. I am always 
struck, first, that it usually takes them a couple of days to get to 
me, because they have to hitch rides or literally walk, because there 
is no transportation. I realize how remote their service is. But I also 
realize how wonderfully received their service is in the countries 
where they serve. We are blessed as a nation to have had a President 
who created the Peace Corps. We are blessed as a nation to have 7,600 
Americans right now volunteering around the world, 155 of them from my 
home State of Georgia.

[[Page 3219]]

  But periodically we face great tragedy. A year ago, Kate Puzey's life 
was taken away from her and her family, tragically. As sad as that 
tragedy is, we need to bring hope from that tragedy. From the despair 
that her family feels, we need to have a sense of love, and the best 
way to do it is to see to it that we pass legislation to protect or add 
protection to Peace Corps volunteers for providing information that is 
critical to be known and protect them from retribution.
  I will work with Chris Dodd on that as a tribute to Kate Puzey, and 
when I go home tonight, I am going to relight that candle, a candle 
that pays tribute to the life and the love and the many successes of 
Kate Puzey.
  While taken from us at the age of 24, she has left us with a legacy 
of everything that is right with America, everything that is right with 
our youth, everything that is right with the Peace Corps; that is, to 
deliver the message of hope to people around the world who have no 
hope, promise to those who have despair and hope for the future of 
mankind.
  I pay tribute to the life of Catherine ``Kate'' Puzey, of Cumming, 
GA.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                              Health Care

  Mr. WHITEHOUSE. Mr. President, more than a year ago I came to the 
Senate floor to share stories I had heard from Rhode Islanders who are 
struggling in our broken health care system. Since then I have been 
here on many occasions continuing to share those stories and continuing 
to urge Congress to get to work on legislation to transform our health 
care system so all Americans can receive the health care they deserve.
  Over the past year, with my colleagues in the Senate on the HELP 
Committee, our colleagues on the Finance Committee--the many colleagues 
who were active in preparing this legislation and working on the Senate 
floor--we have worked through differences, ironed out details, and 
slowly but surely moved toward creating a reformed health care system 
that will lower costs, cover millions of the uninsured, and deliver the 
care we need when we need it.
  Today, we stand on the brink, on the doorstep, just a few short steps 
away, from achieving this landmark reform. As we move forward to take 
those welcome final steps, let's not forget that the deliberate failure 
to act--as our Republican colleagues recommend--would leave millions of 
Americans mired in a status quo that consistently--consistently--fails 
them.
  I recently heard from Valerie, a working mother in Warwick, who 
carried the health insurance coverage for her entire family until she 
lost her job. The double blow of losing her job and her insurance left 
Valerie and her husband with very few choices. The choice they faced 
was a difficult one. Here is what they decided: After paying for costly 
individual plans for their teenagers, they could not afford coverage 
for themselves. So they went ahead, covered their kids, and have left 
themselves exposed to the devastating financial consequences of getting 
sick while uninsured.
  Here is what Valerie wrote to me:

       Looking back on our lives, major life decisions have been 
     based upon the availability and affordability of health 
     insurance for our family. I have had to pass up job 
     opportunities and make other major sacrifices to ensure we 
     had affordable insurance. Now that isn't even possible.

  Valerie is one of the 14,000 Americans who lose their health care 
coverage every day we do not act. Mr. President, 14,000 is a very big 
number, but it is just a number. Behind each one of those 14,000 people 
is a story like Valerie's and a family who is worried and anxious, 
perhaps even frightened.
  For Emily, a resident of Barrington, the continuation of the status 
quo would prolong the endless runaround she and her husband have 
endured to get just one health insurance claim resolved.
  Last March, Emily's husband required back surgery. The insurance 
company preapproved the coverage, assuring him the surgery would be 
paid for. With this assurance, Emily's husband went to the hospital and 
went through with the surgery.
  Months later, however, the insurance company still had not paid. They 
began to ask for more information. Emily resubmitted lengthy paperwork, 
but she heard nothing back. Nine months have now passed--9 months--and 
the insurer has yet to pay the $17,000 charge for her husband's 
surgery.
  Nationally, insurance company overhead has more than doubled in the 
past 6 years. It is up more than 100 percent in the past 6 years. It is 
now estimated to cost America $128 billion. What do you suppose they 
spent that money on when they doubled their overhead and their 
bureaucracy? More people to take cases such as Emily's and find more 
ways to deny and delay their payment.
  If we do not change the status quo, there will be even more insurance 
bureaucracy, even more fighting to delay or deny claims, and even more 
people such as Emily and her husband who are on the short end of the 
stick when the insurance companies engage with them.
  For Christine, a concerned mother in Providence, the status quo has 
left her worried sick about her son. Christine has always provided 
health insurance for her family, but when her son turned 23 years old 
he became ineligible for coverage under her insurance policy.
  In this difficult economy, Christine's son has only been able to find 
part-time work, like so many other Americans, so many Rhode Islanders. 
Christine writes this:

       It breaks my heart when he expresses to me that he feels 
     insecure and strange that he is not covered medically.

  Christine prays that nothing goes wrong with her son that would 
require medical care, and asks me: ``What is he to do?''
  Well, when this bill passes, Christine's son will have something to 
do. He will be able to stay on her family coverage until he turns 26.
  These stories I have shared today--stories from anxious families of 
fear, uncertainty, and frustration--are the direct result of the 
rampant dysfunction in the broken status quo of our health care system. 
I know the Presiding Officer, who comes from Minnesota, sees this in 
his home State every day.
  The legislation we passed in the Senate on Christmas Eve will begin 
to correct this rampant dysfunction. It will begin to make our system 
start to work for the American people and not support the insurance 
companies working against them.
  To our Republican colleagues who seek to delay and obstruct this 
historic reform, I have to say we need to pass comprehensive health 
care reform so people like Valerie never have to make the choice 
between health insurance for herself and health insurance for her 
children. We need to pass comprehensive health care reform so that 
people such as Emily and her husband can't be denied care or denied 
payment or get the runaround from profit-driven insurance companies. We 
need to pass comprehensive health care reform so that children such as 
Christine's son can stay on their parents' insurance policies, 
particularly during this tough economy, until the age of 26, helping 
them get by during those exciting, challenging, tumultuous years when a 
young person gets out of college and starts to find their way in the 
workforce, those years between college and an established career.
  These changes will make a real difference in the lives of millions of 
Americans. I hope all of my colleagues will hit the reset button on 
their opposition and will think of the Emilys and the Valeries and the 
Christines in their home States, the thousands of Americans whose lives 
will be made better in real and important ways by this reform. I urge 
them to join us in supporting this historic effort.
  I yield the floor, and I note the absence of a quorum.
  The PRESIDING OFFICER (Mr. Burris). The clerk will call the roll.

[[Page 3220]]

  The bill clerk proceeded to call the roll.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Unanimous Consent Agreement

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the list 
that I will send to the desk shortly be the only first-degree 
amendments in order to H.R. 1586 other than any pending amendments; 
that the first-degree amendments be subject to second-degree amendments 
which are relevant to the amendment to which offered; that managers' 
amendments be in order if they have been cleared by the managers and 
leaders and, if offered, they be considered and agreed to and the 
motion to reconsider be laid upon the table; further, that upon 
disposition of all amendments, the substitute amendment, as amended, if 
amended, be agreed to and the motion to reconsider be laid upon the 
table; the bill, as amended, be read a third time and the Senate 
proceed to vote on the passage of the bill; that upon passage, the 
title amendment, which is at the desk, be considered and agreed to and 
the motion to reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The list of amendments is as follows:

                          Democratic List--FAA

       Baucus: 1. Relevant to any on list.
       Begich: 1. Alaska Native training, 2. Oxygen cylinders, 3. 
     NextGen Avionics.
       Bingaman: 1. EAS.
       Cantwell; 1. Increase number of beyond perimeter exemption 
     DCA, 2. Bond financing fixed wing emergency medical aircraft 
     (#3477), 3. Study natural soundscape preservation, 4. 
     Required navigation performance improvements, 5. 
     Implementation NextGen, 6. Rollover treatment IRAs airline 
     carrier bankruptcy, 7. Shipping investment withdrawal rules.
       Cardin: 1. Worker safety, 2. Passenger bill of rights, 3. 
     EAS, 4. Relevant.
       Durbin: 1. Study airline and intercity rail codeshare 
     arrangements, 2. Development best practices/metrics/design/
     maintenance.
       Feingold: 1. Transportation earmarks (pending), 2. Airport 
     development funds.
       Feinstein: 1. Cabin air quality.
       Landrieu: 1. Passenger rights.
       Lautenberg: 1. Newark Airport Traffic study #3473, 2. 
     Transportation terminal fees #3484.
       Lieberman: D.C. Schools (pending).
       Menendez: 1. Transparency of fees, 2. Fuel surcharges, 3. 
     Monitoring of air noise in NYC/NJ air space, 4. Pilot 
     distraction study.
       Nelson (NE): 1. Passenger fare charges.
       Nelson (FL): 1. General Aviation/Military airport program 
     #3479.
       Rockefeller: 1. Relevant to any on list, 2. Relevant to any 
     on list.
       Reid: 1. Clark County lands #3467, 2. Airport improvement 
     land lease #3468, 3. Flood mitigation #3469, 4. Relevant to 
     any on list.
       Schumer: 1. Rules relocation #3478, 2. Transfer off peak 
     slots #3480, 3. Pilot qualifications.
       Shaheen: 1. Expansion New Hampshire site.
       Specter: 1. Qualified shipyards loan guarantees.
       Warner: 1. DCA slots/perimeter rules, 2. DCA slots/
     perimeter rules, 3. DCA slots/perimeter rules, 4. Volunteer 
     pilot organization (medical airlift).
       Wyden: 1. Regulating air tours in national parks.
       Sessions: 3453.
       Vitter: 3458.
       DeMint: 3454.
       McCain: 3472, Bicycle storage facilities, Grand Canyon 
     Overflights, NextGen, Earmarks moratorium.
       Ensign: 3476, DCA perimeter rules.
       Johanns: FAA.
       Inhofe: 3464, Volunteer Pilots.
       Coburn: Audit Airports with 10,000 Enplanements, Offset 
     National Park Tour Management Plans, Repeal an Essential Air 
     Service Alternative Program, Reform the Essential and Small 
     Air Service program, Prioritize Aviation national priorities 
     over earmarks, Cap subsidy rate per passenger for certain 
     programs.
       Collins: FAA hearing in Maine.
       Murkowski: FAA trainee program, flight service stations.
       Bunning: Pilots.
       Crapo: 3457, Boise TRACON.
       Barrasso: 3474.
       Bennett: 3462.
       Hutchison: 3481, 2. relevant to list.
       Grassley: 1. relevant to list.
       McConnell: 1. relevant to list.
       Wicker: 3494, Amtrak technicals.

                          ____________________




                            MORNING BUSINESS

  Mr. ROCKEFELLER. Mr, President, I ask unanimous consent that the 
Senate proceed to a period of morning business, with Senators permitted 
to speak therein for up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                TRIBUTE TO GENEVIEVE ``GENE'' SEGERBLOM

  Mr. REID. Mr. President, I rise today to honor Genevieve ``Gene'' 
Segerblom for a lifetime of service to her family, community, and the 
entire State of Nevada. It has been my privilege to serve the State of 
Nevada for close to 45 years in a variety of capacities, and during 
this time I have worked alongside monumental figures from my home 
State. Yet, perhaps no other person with whom I have come in contact 
over these years has been as great a force for good as has Gene. Gene 
will soon be celebrating her 92nd birthday, and on this occasion I am 
happy to recognize her life and accomplishments before the U.S. Senate.
  Gene was born in Ruby Valley, near Elko, NV. Gene and her family 
moved to Salt Lake City when she was a baby, but the Great Depression 
brought them to the Reno area, where Gene attended junior high school. 
After graduating from high school in Winnemucca, Gene enrolled as a 
mechanical engineering student at the University of Nevada but changed 
her major to education. It was during this time that Gene met Cliff 
Segerblom, the man she eventually married and with whom she raised two 
children, Robin and Richard. After her graduation, Gene relocated to 
Boulder City, NV, where she worked as a school teacher.
  This upcoming Monday, March 15, Gene will celebrate her 92nd birthday 
at an event honoring her late husband's artwork. Nevada: The 
Photography of Cliff Segerblom, is certain to display Cliff's marvelous 
talent in capturing with his artistic eye the state that I love. I 
would like to take a moment to speak about Gene's husband Cliff. Cliff 
Segerblom was one of Nevada's most accomplished artists. Although he 
was best known for his work with watercolors, Cliff also thrived in 
photography and acrylics. I am lucky enough to own some of Cliff's 
incredible paintings, and I count them among my most prized 
possessions. Gene's husband displayed incredible gifts, and I know that 
all of Nevada has been enriched by his talents.
  Gene is a third-generation Nevadan and comes from a family with a 
long tradition of public service in Nevada. Her grandfather, W. J. 
Bell, was in the Nevada Legislature, and her mother, Hazel Bell Wines, 
was a Humboldt County assemblywoman. Like her mother and grandfather 
before her, Gene took an active interest in the betterment of her 
community. In 1979, she ran for and won a seat on the Boulder City 
Council. Her election coincided with an uneasy period of growth for 
Boulder City, a time in which the city's water and power resources were 
dwindling. However, Gene met the problem head-on and helped to bring 
about an era of sustainable growth to Boulder City.
  By 1993, Gene was serving in the Nevada State Assembly, representing 
Boulder City, Henderson, Laughlin, and my hometown of Searchlight. In 
2000, Gene Segerblom's time in the assembly came to a close. However, 
it was not long before her son Richard ``Tick'' Segerblom followed in 
his mother's footsteps and was elected to the Nevada State Legislature.
  My wife Landra and I feel grateful for the chance to call Gene a dear 
friend. Indeed, Gene's life has been one of friendship and compassion 
to all Nevadans. I am proud of all that she has accomplished, and all 
she will continue to achieve. I wish her a very happy 92nd birthday.

                          ____________________




                           TAX EXTENDERS ACT

  Mr. KYL. Mr. President, the economic downturn has continued for a 
year-and-a-half now and has affected most Americans in some way.
  Congress has approved a number of measures, which I supported, aimed 
at helping those Americans. It recently extended unemployment benefits 
for those who do not have a job. It also expanded the eligibility 
requirements

[[Page 3221]]

and duration for COBRA health benefits for those between jobs, and 
provided a subsidy for those premiums.
  I could not, however, support the so-called jobs bill put forward by 
the majority leader and recently passed by the Senate.
  A jobs bill should create jobs. Beyond some of the tax extenders, 
there is little in this bill that provides a foundation for jobs 
creation.
  The bill is essentially a large spending package that extends, 
through 2010, aspects of current law. The provisions it contains, such 
as long-term extensions of unemployment insurance, COBRA, and FMAP 
State aid, do not promote jobs growth, and, in fact, anticipate that 
unemployment will still be a serious problem for the remainder of the 
year.
  A negative correlation exists between unemployment benefits and work 
incentives. As President Obama's chief economist Larry Summers has 
written:

       Government-assistance programs contribute to long-term 
     unemployment by providing an incentive, and the means, not to 
     work. Each unemployed person has a 'reservation wage'--the 
     minimum wage he or she insists on getting before accepting a 
     job. Unemployment insurance and other social-assistance 
     programs increase that reservation wage, causing an 
     unemployed person to remain unemployed longer.

  He further concludes:

       Unemployment insurance also extends the time a person stays 
     off the job.

  That analysis underscores my point. While I do not disavow the need 
for unemployment benefits and have supported every short-term 
extension, I do believe that long-term extensions of those benefits do 
not lead to job creation and should not be touted as part of a jobs 
bill.
  The cost of this bill is also a problem. When President Obama signed 
the pay-go Act 4 weeks ago, he said:

       Now, Congress will have to pay for what it spends, just 
     like everybody else.

  This bill waives those brand new pay-go requirements and adds more 
than $100 billion to the already-exploding deficit.
  Good jobs legislation would address the underlying problem of 
unemployment, rather than treating the symptoms of a weak economy. Good 
jobs provide far more security to American families than temporary 
government benefits do.
  There are a number of steps Congress can take that will actually put 
Americans back to work.
  One is ending the constant cycle of spending billions of dollars the 
Treasury does not have. When the government borrows money--it borrowed 
$1.4 trillion last year--it's more difficult for the private sector to 
borrow and invest. When businesses can't grow their operations, they 
can't afford to hire new employees.
  Congress can also ameliorate the uncertainty that is preventing new 
hiring by not raising taxes and costs on employers. Unless they are 
extended, the lower tax rates that have been in place since 2001 are 
set to expire at the end of this year, triggering a $2 trillion tax 
increase over the next decade. Businesses will remain timid about 
hiring if they think new taxes will add to the cost of their business 
and consume the capital that could be used to pay new employees.
  There are other steps Congress can take--promoting our Nation's 
exports by passing free-trade agreements with Colombia, Panama, and 
South Korea, and increasing production of domestic energy resources, 
for example.
  Passing bills that increase our Nation's debt and create 
disincentives to work will not encourage investment in the economy. If 
we want business owners and entrepreneurs to start creating jobs, 
Congress should act so that it does not become harder and more 
expensive to do business.

                          ____________________




                        TRIBUTE TO MARY McBRIDE

  Mrs. MURRAY. Mr. President, I would like take a moment today to 
recognize Mary McBride for her years of service to the U.S. Senate and 
the people of Washington State. Mary served on my staff for the last 9 
years of her distinguished public career. Prior to her service in my 
office, Mary served as the Washington State Director of USDA Rural 
Development during the Clinton administration. As of March 1, 2010, 
Mary is assuming yet another role in the Federal Government as Region X 
Administrator for the U.S. Department of Housing and Urban Development.
  Mary is a thoughtful and dedicated public servant. She covered three 
diverse regions in Washington State on my behalf: central Washington, 
the Olympic Peninsula, and South Puget Sound. The issues facing each of 
these regions differ greatly, and Mary was able to immerse herself in 
the concerns facing my constituents and build lasting relationships in 
each community. Whether working on farm worker housing, economic 
development or gang violence, Mary approached each topic with an 
outstanding knowledge of the Federal process and resources and with a 
strong commitment to solving problems and creating opportunity.
  I would like to thank Mary for her years of service to me and the 
people of Washington State. Her career is a tremendous example of 
public service, and her dedication to her work is truly appreciated. I 
wish her all the best in her future endeavors and know that her many 
talents will continue to serve the U.S. Department of Housing and Urban 
Development in the Obama administration.

                          ____________________




                         TRIBUTE TO JUDY OLSON

  Mrs. MURRAY. Mr. President, I would like to take a moment today to 
recognize Judy Olson for her years of service to the U.S. Senate and 
the people of Washington State. Judy served on my staff for 11 years 
prior to becoming the Washington State Director of the U.S. Department 
of Agriculture Farm Service Agency in August of 2009.
  During her many years on my staff, Judy served as my eastern 
Washington regional director. Covering a region that spanned 13 
counties and 24,239 square miles, Judy brought a tireless dedication to 
the needs of my constituents in this vast region. A longtime resident 
of Whitman County, Judy and her husband farmed wheat, dried peas, and 
lentils. This gave her deep understanding and firsthand knowledge of 
the challenges facing our farmers and agricultural communities. Over 
the years, Judy continuously worked to ensure that the people of 
Washington State, whether they lived in Spokane or in Omak, were well 
served by the Federal Government.
  I would like to thank Judy for her years of service to me and the 
people of Washington State. Her career is a tremendous example of 
public service, and her dedication to her work is truly appreciated. I 
wish her all the best in her future endeavors and know that her many 
talents will continue to serve the Farm Service Agency in the Obama 
administration.

                          ____________________




                      REMEMBERING KENT M. RONHOVDE

  Mr. BENNETT. Mr. President, I was saddened to learn that Kent M. 
Ronhovde of the Congressional Research Service died on February 19. Mr. 
Ronhovde devoted a 36-year career at CRS to serving both sides of the 
aisle and both sides of the Capitol, Senate and the House.
  Mr. Ronhovde was a senior leader and an adviser to Director Daniel P. 
Mulhollan. For the last 7 years as Associate Director of the Office of 
Congressional Affairs and Counselor to the Director, he brought astute 
judgment and keen insight into some of the most sensitive issues facing 
the Service.
  CRS provides members of Congress authoritative, objective and 
nonpartisan analysis. All of us appreciate CRS experts' solid advice 
untainted by advocacy, hidden agendas or personal biases. Kent Ronhovde 
was instrumental in preserving those core values of CRS.
  Mr. Ronhovde was the primary liaison between CRS and its Senate and 
House oversight committees. He managed the CRS Review Office in which 
all CRS written work is judged for conformance with CRS policies.
  Mr. Ronhovde was a native Washingtonian who received his JD at 
Georgetown University Law Center and served

[[Page 3222]]

in Vietnam. He subsequently earned a master's in public administration 
while at CRS. CRS hired him in 1974 as an attorney and he rose 
progressively through the American Law Division and CRS senior 
management.
  Some of us here today may remember Mr. Ronhovde's excellent work as a 
legislative attorney in the American Law Division in the 1970s and 80s. 
He served senators, committees and their staffs in such areas as 
criminal law, intelligence activities, gun control and terrorism. He 
wrote extensively on legal issues raised in connection with the reports 
of the Senate Select Committee to Study Government Operations with 
Respect to Intelligence Activities--Church Committee--and of the House 
Select Committee on Assassinations.
  His distinguished performance led to his selection as section head in 
1985 and assistant chief of the division in 1986. As assistant chief, 
he managed the Federal Law Update, a twice-yearly series of seminars on 
important issues of law and policy related to the legislative business 
of Congress. In 1996, he was promoted to a senior management position 
in CRS and in 2003 assumed the duties of associate director and 
counselor to the Director. Throughout this illustrious career, Mr. 
Ronhovde guarded and exemplified CRS's core values: authoritativeness, 
confidentiality and objectivity. He honored and respected CRS's role in 
serving the Congress and he ensured the role was undertaken judiciously 
and wisely. His astute counsel, sound judgment and devotion to the 
institutions of CRS and Congress will be sorely missed.
  Mr. President, I extend my sincerest condolences to Mr. Ronhovde's 
wife Juliet, daughters Kristen and Brooke, their families, and to all 
his many friends and colleagues at CRS.

                          ____________________




                           RIGHT TO BEAR ARMS

  Mr. UDALL of New Mexico. Mr. President, last week, the Supreme Court 
heard oral arguments in the McDonald v. City of Chicago case.
  Despite much of the rhetoric surrounding this case, McDonald v. 
Chicago isn't a case about gun control. It is a case about our 
constitutional, fundamental rights as Americans.
  Our freedoms in the Bill of Rights--including those of speech and 
religion and the press--are incorporated by the 14th amendment. They 
cannot be infringed upon by the states. The Supreme Court ruled on that 
issue long ago.
  The issue in McDonald is whether an individual's second amendment 
right to keep and bear arms must be protected against State 
infringement. The case follows the Court's landmark 2008 ruling in 
District of Columbia v. Heller. In Heller, the Court--for the first 
time--ruled that the second amendment protects an individual's right to 
keep and bear arms.
  There is precedent dating back more than 100 years that reaffirms 
that the second amendment applies only to the Federal Government. 
However, in 1873, the Court began to develop modern incorporation 
doctrine principles. These principles were used to determine if 
amendments apply to the States through the due process clause of the 
14th amendment.
  The Court in McDonald is likely to use the modern incorporation 
doctrine, rather than simply uphold precedent from its previous second 
amendment cases.
  The Supreme Court in Duncan v. Louisiana summarized the modern 
incorporation doctrine, stating, ``the question has been asked whether 
a right is among those fundamental principles of liberty and justice 
which lie at the base of all our civil and political institutions . . . 
whether it is basic in our system of jurisprudence . . . and whether it 
is a fundamental right, essential to a fair trial.''
  I believe the second amendment right to bear arms is a fundamental, 
constitutional right of law-abiding Americans. And, like most of the 
Bill of Rights, it must also be protected from unreasonable state 
restrictions.
  Since the Heller decision, three appellate courts have addressed 
whether the second amendment applies to the States. Two of the courts, 
the Second and Seventh Circuits, followed Supreme Court precedent. They 
held that the second amendment only applies to the Federal Government. 
This was not because the judges were in favor of gun control--as many 
tried to state during Justice Sotomayor's confirmation hearing. 
Instead, it was because they showed judicial restraint. They recognized 
that only the Supreme Court should overturn its own precedent. In the 
third case, the Ninth Circuit failed to follow Supreme Court precedent. 
Instead, it applied modern incorporation principles. It held that the 
second amendment is incorporated by the 14th amendment and protected 
against State infringement. Although I think the Ninth Circuit should 
have followed precedent, I agree with their analysis.
  I would emphasize this: Even if the Court decides that the second 
amendment does not apply to the States, citizens do not need to worry 
that people are going to start taking away their firearms.
  Forty-four State constitutions contain provisions addressing the 
right to bear arms. Most of these are much clearer than the Federal 
Constitution. They were adopted more recently and address specific 
issues such as concealed carry laws.
  New Mexico's Constitution states: No law shall abridge the right of 
the citizen to keep and bear arms for security and defense, for lawful 
hunting and recreational use and for other lawful purposes, but nothing 
herein shall be held to permit the carrying of concealed weapons. No 
municipality or county shall regulate, in any way, an incident of the 
right to keep and bear arms.
  I am confident that our citizens' right to bear arms will continue, 
regardless of the McDonald decision. However, I believe that the Court 
will hold that the second amendment is incorporated by the 14th 
amendment.
  When the Court asks whether the right to bear arms is ``among those 
fundamental principles of liberty and justice which lie at the base of 
all our civil and political institutions . . . and is deeply rooted in 
this nation's history and tradition,'' I have no doubt in the 
conclusion they will reach.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                  RECOGNIZING DAMARISCOTTA RIVER GRILL

 Ms. SNOWE. Mr. President, today I honor a small restaurant in 
my home State of Maine that has taken a creative approach to bringing 
people together by hosting a number of community-oriented events. 
Located in the charming and quaint town of Damariscotta, the 
Damariscotta River Grill has become a well-known name in the midcoast 
Maine dining scene by providing diners with a comfortable and welcoming 
environment to enjoy a good meal while meeting local artists.
  The Damariscotta River Grill opened in late 2003 and has quickly 
become a recognized name throughout Maine's burgeoning restaurant 
scene. Noted for its fresh and diverse menu, the Grill offers customers 
an eclectic mix of local seafood, meats, and produce. For lunch, the 
restaurant makes a wide array of sandwiches, and on Sundays the 
restaurant prepares a delectable brunch complete with an incredible 
number of options for landlubbers and seafood lovers alike.
  The restaurant has quickly caught the attention of critics from far 
and wide, who all agree that the Damariscotta River Grill is not to be 
missed when visiting Midcoast Maine. Publications as divergent as the 
Boston Herald, New York Times, Portland Press Herald, and Fodor's have 
praised the consistent and mouthwatering cuisine that chef-owner Rick 
Hirsch cooks up year round. Cape Cod Today went as far as to say that 
the restaurant offers ``. . . as original and appealing a menu as any 
in New England''--a ringing endorsement given the number of superb 
establishments throughout the six-state region!
  On March 30, Chef Rick Hirsch will be acknowledged for his hard work 
and dedication in producing such a high-caliber restaurant when he 
receives the Maine Restaurant Association's 2010

[[Page 3223]]

Chef of the Year award at a ceremony in Portland. A graduate of the 
renowned Johnson & Wales University in Rhode Island, Mr. Hirsch is 
extraordinarily deserving of this prestigious award, which recognizes 
Mr. Hirsch's more than two decades of culinary experience as the owner 
of two restaurants in Maine--the Damariscotta River Grill, as well as 
the Anchor Inn Restaurant in Round Pond--and his Red Plate Catering 
business.
  Additionally, since its inception, the Damariscotta River Grille has 
been an engaged participant in the local community. The Maine winner of 
the National Restaurant Association's 2008 Restaurant Neighbor Award, 
the Damariscotta River Grill contributes regularly and generously to 
numerous regional organizations and initiatives, including the Boys and 
Girls Clubs' wreath sale each year. The restaurant is also involved in 
the annual Chocolate Fest, which was just held last month, to support 
``Healthy Kids!,'' a program that helps prevent child abuse and neglect 
in Lincoln County through educational outreach to families.
  Beyond fundraisers for charities and other organizations, the 
Damariscotta River Grill hosts inventive gatherings to attract the 
restaurant's loyal following. To highlight its Wine Spectator award-
wining wine list, the restaurant's Wine Club features at least six wine 
and food tastings with a wine expert, as well as door prizes and 
discounts on wine purchases. Additionally, the Grill's ``Art At the 
Grill'' series, presently in its 5th year, shines a significant 
spotlight on area artists. The restaurant displays an artist's work for 
a period of time, and hosts a reception, open to the public, where 
guests can speak with the artists about their work. In 2010, the 
restaurant plans to host over 15 artists, including painters, potters, 
photographers and fabric artists through this unique project.
  The Damariscotta River Grill has become a favorite of locals and 
tourists alike because of its wide-ranging menu and unique character 
and charm. Chef Hirsch, along with his wife and business partner, Jean 
Kerrigan, has created something truly special in downtown Damariscotta. 
I congratulate Mr. Hirsch on his well-deserved award, and wish everyone 
at the Damariscotta River Grill a remarkable and successful 
year.

                          ____________________




                        MESSAGES FROM THE HOUSE

  At 9:33 a.m., a message from the House of Representatives, delivered 
by Mrs. Cole, one of its reading clerks, announced that the House has 
passed the following bill, in which it requests the concurrence of the 
Senate:

       H.R. 4573. An act to urge the Secretary of the Treasury to 
     instruct the United States Executive Directors at the 
     International Monetary Fund, the World Bank, the Inter-
     American Development Bank, and other multilateral development 
     institutions to use the voice, vote, and influence of the 
     United States to cancel immediately and completely Haiti's 
     debts to such institutions, and for other purposes.


                          Enrolled Bill Signed

  The President pro tempore (Mr. Byrd) reported that he had signed the 
following enrolled bill, which was previously signed by the Speaker of 
the House:

       H.R. 3433. An act to amend the North American Wetlands 
     Conservation Act to establish requirements regarding payment 
     of the non-Federal share of the costs of wetlands 
     conservation projects in Canada that are funded under that 
     Act, and for other purposes.
                                  ____

  At 11:51 a.m., a message from the House of Representatives, delivered 
by Mr. Novotny, one of its reading clerks, announced that the House has 
passed the following bill, in which it requests the concurrence of the 
Senate:

       H.R. 4621. An act to protect the integrity of the 
     constitutionally mandated United States census and prohibit 
     deceptive mail practices that attempt to exploit the 
     decennial census.

  The message also announced that the House has agreed to the following 
concurrent resolution, in which it requests the concurrence of the 
Senate:

       H. Con. Res. 249. Concurrent resolution commemorating the 
     45th anniversary of Bloody Sunday and the role that it played 
     in ensuring the passage of the Voting Rights Act of 1965.

                          ____________________




                           MEASURES REFERRED

  The following bill was read the first and the second times by 
unanimous consent, and referred as indicated:

       H.R. 4621. An act to protect the integrity of the 
     constitutionally mandated United States census and prohibit 
     deceptive mail practices that attempt to exploit the 
     decennial census; to the Committee on Homeland Security and 
     Governmental Affairs.

  The following concurrent resolution was read, and referred as 
indicated:

       H. Con. Res. 249. Concurrent resolution commemorating the 
     45th anniversary of Bloody Sunday and the role that it played 
     in ensuring the passage of the Voting Rights Act of 1965; to 
     the Committee on the Judiciary.

                          ____________________




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-85. A resolution adopted by the Legislature of Guam 
     expressing strong and abiding opposition to any use of 
     eminent domain [condemnation] for the purpose of obtaining 
     Guam lands for either the currently planned military buildup 
     or other U.S. federal government purposes, or both; to the 
     Committee on Armed Services.

                      Resolution No. 258-30 (COR)

       Relative to expressing the strong and abiding opposition of 
     I Liheslaturan Guahan and the People of Guam to any use of 
     eminent domain [condemnation] for the purpose of obtaining 
     Guam lands for either the currently planned military buildup 
     or other U.S. federal government purposes, or both.
       Be it Resolved by I Mina'Trenta Na Liheslaturan Guahan
       Whereas, the island of Guam has only one hundred forty-
     seven thousand (147,000) acres of land available to it for 
     all purposes; and
       Whereas, the Department of Defense currently possesses 
     forty thousand (40,000) acres, constituting 27.21 percent of 
     the island's land mass; and
       Whereas, the United States National Park Service currently 
     possesses six hundred ninety-five (695) acres, or 0.47 
     percent of the island; and
       Whereas, the United States Fish & Wildlife Service 
     currently possesses three hundred eighty-five (385) acres, or 
     0.26 percent of the island; and
       Whereas, the Government of Guam currently possesses thirty-
     seven thousand six hundred seventy-three and thirty-six 
     (37,673.36) acres, or 25.6 percent of the island; and
       Whereas, the private lands of Guam consist of only sixty-
     eight thousand two hundred forty-six (68,246) acres, or 46.43 
     percent of the island; and
       Whereas, the Federal Government, in its draft Environmental 
     Impact Statement (DEIS) for the military buildup, has stated 
     it desires additional land for its buildup for a Proposed 
     Training Range Complex, offering two (2) alternatives: 
     Alternative A, identified as the preferred alternative, calls 
     for acquiring by lease or condemnation nine hundred twenty-
     one (921) acres for this training range complex, which 
     apparently is limited to public lands belonging to the 
     Chamorro Land Trust Commission and the Ancestral Lands 
     Commission, and Alternative B, east of Andy South, that calls 
     for acquiring by long-term lease or condemnation one thousand 
     one hundred twenty-nine (1,129) additional acres, some 
     private and some public; and
       Whereas, the DEIS also states that the military desires the 
     former FAA Housing Area, comprising six hundred eighty (680) 
     acres of Ancestral Lands, which would fill in a gap in the 
     future Marine Corps base between NCTS Finegayan and South 
     Finegayan; and
       Whereas, the Joint Guam Program Office (JGPO) has declined 
     to be clear regarding the possibility of eminent domain/
     condemnation being used as a tool to acquire the desired 
     access to additional land in Guam, either directly or 
     indirectly as a threat to back up ``negotiations''; and
       Whereas, the Joint Guam Program Office has stated that all 
     options ``are on the table'' when it comes to additional land 
     needed by the military, and that there is such a thing as 
     ``friendly condemnation''; and
       Whereas, it appears that the Federal Government has no 
     appreciation for the history of Federal land takings in Guam, 
     or the importance of land to the people of Guam; and
       Whereas, the history of land takings and the importance of 
     land in the local culture of a tiny island have resulted in a 
     significant sensitivity to Federal land takings on the part 
     of the local people; and
       Whereas, Chamorro historian, Reverend Joaquin Flores 
     Sablan, wrote that land and family lineage continued to be 
     the basis of wealth and prestige: ``Land ownership was the 
     greatest security, particularly inherited property which they 
     treated as a sacred trust from their parents. To part with 
     the land

[[Page 3224]]

     was the same as committing suicide.'' [Destiny's Landfall: A 
     History of Guam, by Robert F. Rogers, University of Hawai'I 
     Press, 1995, page 142]; and
       Whereas, the Naval government, from 1898 until 1950, 
     completely ignored the Chamorro people's devotion to the 
     land, issuing their second order, on January 30, 1899, to 
     confiscate land in the Piti area to use for a coaling site 
     and Navy yard. The people of Guam were never compensated for 
     that very first land taking, just the ``first of a long 
     series of controversial steps whereby United States 
     governmental agencies acquired large portions of land on 
     Guam'' [Rogers, page 115]; and
       Whereas, the Naval government held over one-third of the 
     island of Guam on the eve of World War II, and within three 
     (3) months of the liberation of the island in 1944, five (5) 
     airfields were built; and
       Whereas, by Public Law 594, the Land Acquisition Act passed 
     by the U.S. Congress on August 2, 1946, the Navy Department 
     was authorized to acquire private land needed for permanent 
     military installations on the island, but compensation was 
     inadequate, due in part to a lack of proper land valuation in 
     the largely agrarian island, amounting to only pennies on the 
     dollar for the actual value of the land; and
       Whereas, from 1947 to 1950, the main mission of Guam's 
     military command was to complete building facilities, and for 
     this purpose large pieces of land were taken; and
       Whereas, the postwar land takings were mixed in time and 
     process with limited and inadequate compensation for personal 
     injury and death and property damage under the Federally-
     created Land and Claims Commission; and
       Whereas, the United States federal government still has not 
     appreciated the connection between compensation for the 
     sufferings of the people of Guam at the hands of the Japanese 
     occupiers and the takings of land; and
       Whereas, the Land and Claims Commission condemned land, but 
     became bogged down in the legal complexities of hundreds of 
     property transactions. Rogers states [p. 215] that, ``The 
     commission was understaffed as well as inexperienced in real 
     estate matters. Higher commands nonetheless pressured the 
     staff to meet tight deadlines for land transfers in order for 
     construction of new military projects to proceed''; and
       Whereas, when former landowners or their heirs attempted to 
     take these injustices to Federal court for redress of the 
     situation, they were told that the statute of limitations had 
     been exceeded; and
       Whereas, without consultation with Guam officials or owners 
     of leased properties, the new civilian governor, Carlton 
     Skinner, signed a quitclaim deed on July 31, 1950, the day 
     before the Organic Act went into effect, whereby the 
     Government of Guam transferred all condemned property to the 
     United States of America ``for its own use.'' This left the 
     Navy and Air Force in direct control of about forty-nine 
     thousand six hundred (49,600) acres, or over thirty-six 
     percent (36%) of the island; and
       Whereas, the very first case in the new court under the 
     Organic Act, which granted American citizenship to the 
     Chamorros, was a retaking of all of the previous takings, to 
     ensure that no claim could be made that land could not be 
     taken from the Chamorros prior to their becoming American 
     citizens; and
       Whereas, in 1977, the creation of the new War in the 
     Pacific Memorial Park saw the condemnation of coastal land in 
     the Agat area, thus preventing the construction of the Agat 
     Marina for many years; and
       Whereas, in the 1980's, the U.S. Congress attempted to 
     correct the obvious injustice of the postwar land takings by 
     authorizing the land taking cases to be reopened and 
     additional compensation be paid; and
       Whereas, while many former landowners accepted the class 
     action settlement under this law, some previous landowners of 
     large holdings, such as those at Andersen Air Force Base and 
     including the very land at NCTS envisioned by the federal 
     government for the new Marine Corps base, opted out of the 
     settlement and their claims against the federal government 
     under that law have not been settled to this day; and
       Whereas, the final insult to the people of Guam came when 
     the three hundred eighty-five (385) acres of the former Naval 
     Facility, Guam at Ritidian Point was declared excess in the 
     1990's and was grabbed quietly, without fanfare or advance 
     notice, by the U.S. Fish & Wildlife Service, rather than 
     being returned to the original landowners via the Government 
     of Guam; and
       Whereas, a former Assistant U.S. Attorney handling land 
     matters in Guam in 2000 and 2001, freely admitted that many 
     Chamorro landowners at the time were cheated out of their 
     land by land agents telling them that the paperwork to be 
     signed was compensation for damage to coconut trees or that 
     the land would be returned to the owner once there was no 
     longer any need for it; and
       Whereas, this sordid history of the people of Guam's most 
     precious resource, other than its children, needs to be and 
     must be appreciated by the United States federal government; 
     and
       Whereas, in response, I Liheslatura has specifically 
     enacted legislation addressing Federal acquisition of 
     property, including:
       (a) Public Law 29-113, specifically Sec. 15105 of Chapter 
     15, Title 21 of the Guam Code Annotated, which calls for duly 
     enacted legislation by I Liheslatura to authorize ``the 
     acquisition by condemnation or otherwise of private 
     property'' by means of Congressional appropriation to acquire 
     property for public use; and
       (b) Public Law 30-21, specifically Sec. 2401 (c) of Chapter 
     24, Title 1 of the Guam Code Annotated, which tasks the Guam 
     First Commission to determine which land the federal 
     government may intend to lease or sub-lease, exchange for 
     other land, or purchase, and to report their findings to I 
     Liheslatura and I Maga'lahi, and also requires Legislative 
     approval of any Federal acquisition of government of Guam 
     property, whether by lease, sub-lease, exchange or sale; Now, 
     therefore, be it
       Resolved, That I Mina'Trenta Na Liheslaturan Guahan does 
     hereby, on behalf of the people of Guam, absolutely oppose 
     the use, or threat of use, of eminent domain/condemnation for 
     any acquisition of any additional Guam land, private or 
     public, for any purpose whatsoever related to the planned 
     military buildup; and be it further
       Resolved, That I Mina'Trenta Na Liheslaturan Guahan does 
     hereby, on behalf of the people of Guam, demand negotiations 
     at arms length, with a level table, and without undue 
     pressure being exerted on Guam landowners by the United 
     States federal government/Department of Defense, for the 
     acquisition of any additional land, public or private; and be 
     it further
       Resolved, That I Mina'Trenta Na Liheslaturan Guahan does 
     hereby, on behalf of the people of Guam, demand dealings 
     concerning land are held in good faith between the United 
     States federal government/Department of Defense and private 
     landowners that are willing to lease/sell their property to 
     the federal government, and are also held in good faith with 
     the official representatives of the people of Guam in 
     discussing the potential lease of land from the government of 
     Guam; and be it further
       Resolved, That I Mina'Trenta Na Liheslaturan Guahan does 
     hereby, on behalf of the people of Guam, demand that the 
     federal government renounce any repeat of history, and 
     declares that condemnation SHALL NOT be a tool available to 
     the federal government, either directly or through the use of 
     intimidation, in relation to the Guam military buildup; and 
     be it further
       Resolved, That I Mina'Trenta Na Liheslaturan Gudhan does 
     hereby, on behalf of the people of Guam, recognize and 
     memorialize the many years of injustice and mistreatment of 
     the people of Guam, as reflected in the foregoing history of 
     Federal land takings; and be it further
       Resolved, That the Speaker certify, and the Legislative 
     Secretary attest to, the adoption hereof, and that copies of 
     the same be thereafter transmitted to the Honorable Barack 
     Obama, President of the United States; to the Honorable Nancy 
     Pelosi, Speaker of the United States House of 
     Representatives; to the Honorable Robert Byrd, President Pro 
     Tem of the U.S. Senate; to the Honorable Madeleine Z. 
     Bordallo, Guam Delegate to Congress; to the Honorable Ban Ki-
     moon, Secretary General of the United Nations; to the 
     Honorable Hillary Rodham Clinton, Secretary of State; to the 
     Honorable William Gates, Secretary of Defense; to the 
     Honorable Ray Mabus, Secretary of the Navy; to the Honorable 
     Michael B. Donley, Secretary of the Air Force; to the 
     Honorable John M. McHugh, Secretary of the Army; to the 
     Honorable Ken Salazar, Secretary of the Interior; to the 
     Honorable Anthony Babauta, Assistant Secretary of the 
     Interior for Insular Affairs; to the Honorable Benigno 
     Fitial, Governor of the Commonwealth of the Northern Mariana 
     Islands; and to the Honorable Felix P. Camacho, I Maga'lahen 
     Guahan (Governor of Guam).
                                  ____

       POM-86. A joint memorial adopted by the Legislature of the 
     State of New Mexico requesting the support in the 
     preservation of the Navajo Code Talkers' remarkable legacy; 
     to the Committee on Armed Services.

                      Senate Joint Memorial No. 51

       Whereas, the few living Navajo Code Talkers are undertaking 
     a multi-year project to build an educational, historical and 
     humanitarian facility that will bring pride to Native 
     American and Non-Native American communities alike, educate 
     the young and old and conserve the instruments of freedom 
     gifted to the American people by an awe-inspiring group of 
     young Navajo men during World War II; and
       Whereas, during World War II, these modest young Navajo men 
     fashioned from the Navajo language the only unbreakable code 
     in military history; and
       Whereas, these Navajo Radio Operators transmitted the code 
     throughout the dense jungles and exposed beachheads of the 
     Pacific theater from 1942 to 1945, passing over eight hundred 
     error-free messages in forty-eight hours at Iwo Jima alone; 
     and
       Whereas, the bravery and ingenuity of these young Navajo 
     men gave the United States and allied forces the upper hand 
     they so desperately needed, finally hastening the war's end 
     and assuring victory for the United States; and

[[Page 3225]]

       Whereas, after being sworn to secrecy for twenty-three 
     years after the war, these young Navajo men eventually came 
     to be known as Navajo Code Talkers and were honored by 
     President George W. Bush more than fifty years after the war 
     with Congressional Gold and Silver Medals in 2001; and
       Whereas, the Navajo Code Talkers are now in their eighties, 
     and with fewer than fifty remaining from the original four 
     hundred, the urgency to capture and share their stories and 
     memorabilia from their service in the war is now critical; 
     and
       Whereas, these American treasures and revered elders of the 
     Navajo Nation have come together to tell their story, one 
     that has never been heard, from their own hearts and in their 
     own words; and
       Whereas, the Navajo Code Talkers' heroic story of an 
     ancient language, valiant people and a decisive victory that 
     changed the path of modern history is the greatest story 
     never told; and
       Whereas, the Navajo Code Talkers ultimately envision a 
     lasting memorial, the Navajo Code Talkers Museum and Veterans 
     Center, on donated private land; and
       Whereas, the Navajo Code Talkers' mission is to create a 
     place where their legacy of service will inspire others to 
     achieve excellence and instill core values of pride, 
     discipline and honor in all those who visit; and
       Whereas, through the lead efforts of the Navajo Code 
     Talkers foundation and many partners and individuals, the 
     Navajo Code Talkers' legacy, history, language and code will 
     be preserved to benefit all future generations; Now, 
     therefore, be it
       Resolved by the Legislature of the State of New Mexico, 
     That the United States Congress, Department of the Interior, 
     Department of Veterans Affairs, Department of Health and 
     Human Services, Department of Defense, Department of 
     Agriculture, Department of State and Department of Energy be 
     requested to support the preservation of the Navajo Code 
     Talkers' remarkable legacy; and, be it further
       Resolved, That copies of this memorial be transmitted to 
     the President Pro Tempore of the United States Senate, the 
     Speaker of the United States House of Representatives, the 
     Secretary of the Interior, the Secretary of Defense, the 
     Secretary of Veterans Affairs, the Secretary of Health and 
     Human Services, the Secretary of Agriculture, the Secretary 
     of State, the Secretary of Energy and the New Mexico 
     Congressional Delegation.
                                  ____

       POM-87. A memorial adopted by the Senate of the State of 
     New Mexico urging Congress to expedite the passage of 
     legislation to enact the necessary amendments to the Surface 
     Mining Control and Reclamation Act of 1977 to clarify that 
     uncertified states have authority to use payments for non-
     coal mine reclamation projects; to the Committee on Energy 
     and Natural Resources.

                         Senate Memorial No. 30

       Whereas, New Mexico is known to have some of the richest 
     uranium resources in the nation in the area known as ``The 
     Grants Mineral Belt''; and
       Whereas, dating back to the 1940s, states such as New 
     Mexico mined uranium for the benefit of the Atomic Energy 
     Commission and the federal government's Nuclear Weapons 
     Program; and
       Whereas, the Atomic Energy Commission did not require that 
     early mines be reclaimed; and
       Whereas, research shows that many uranium mines were 
     abandoned and never reclaimed; and
       Whereas, the federal government has direct responsibility 
     to provide funding, both for the initial surveying of these 
     mines and for potential subsequent reclamation where 
     warranted; and
       Whereas, the Surface Mining Control and Reclamation Act of 
     1977 is a federal law that mandates a reclamation fee on each 
     ton of coal produced in the country, and Title IV of that Act 
     provides for abandoned mine reclamation; and
       Whereas, in 2006, the United States Congress passed 
     amendments to Title IV of the Surface Mining Control and 
     Reclamation Act of 1977 providing that the funds collected 
     from the reclamation fees will now go directly to the states 
     rather than be appropriated by Congress; and
       Whereas, the Solicitor of the Department of the Interior 
     has interpreted those 2006 amendments to limit uncertified 
     states, such as New Mexico, from using the funds available 
     through the Surface Mining Control and Reclamation Act of 
     1977 for non-coal mine reclamation; and
       Whereas, following the 2006 amendments, the Office of 
     Surface Mining Reclamation and Enforcement promulgated 
     regulations that restrict uncertified states from using funds 
     available through the Surface Mining and Control Reclamation 
     Act of 1977 for non-coal mine reclamation; and
       Whereas, Secretary Ken Salazar of the Department of the 
     Interior has suggested that a legislative solution is 
     necessary in order to allow funding distribution under 
     Section 411(h)(1) of the Surface Mining Control and 
     Reclamation Act of 1977 to be used for non-coal mine 
     reclamation; Now, therefore, be it
       Resolved by the Senate of the State of New Mexico, That 
     Congress be requested to expedite the passage of legislation 
     to enact the necessary amendments to the Surface Mining 
     Control and Reclamation Act of 1977 to clarify that 
     uncertified states have authority to use payments for non-
     coal mine reclamation projects; and be it further
       Resolved, That copies of this memorial be transmitted to 
     the Speaker of the United States House of Representatives, 
     the President Pro Tempore of the United States Senate and the 
     New Mexico Congressional Delegation.
                                  ____

       POM-88. A resolution adopted by the House of the 
     Legislature of the State of West Virginia urging support of 
     West Virginia's coal industry by encouraging measures that 
     protect miners and their families, provide incentives for the 
     development of advanced coal technologies, enhance the energy 
     independence of the State and the nation, protect the 
     environment from which coal is mined, and supply consumers 
     with cleaner and more affordable energy produced from coal; 
     to the Committee on Energy and Natural Resources.

                        House Resolution No. 402

       Whereas, the coal industry provides salaries and benefits 
     to thousands of West Virginians; and
       Whereas, the coal industry is responsible for millions of 
     dollars of tax revenues that are used to fund important 
     government services and programs; and
       Whereas, the coal industry is vitally important to the 
     economic welfare of this State and its citizens; and
       Whereas, the Legislature, with the leadership and support 
     of the Governor, has worked to enact legislation to ensure 
     the future of West Virginia coal, including the adoption of 
     sweeping coal mine safety reforms, planning requirements for 
     post-mining land use, an alternative and renewable energy 
     portfolio featuring clean coal technology, and a regulatory 
     framework for carbon capture and sequestration projects; and
       Whereas, recent events at the federal level, most notably 
     the debate over ``cap and trade'' legislation in Congress and 
     obscure regulatory actions by the Environmental Protection 
     Agency, are casting a shadow of doubt and uncertainty over 
     the future of the coal industry in West Virginia; and
       Whereas, for the sake of those individuals who depend upon 
     coal to support themselves and their families, the House of 
     Delegates, the Senate, the Governor and West Virginia's 
     congressional delegation must work together to secure the 
     future of the coal industry, and with it the future of the 
     State; therefore, be it
       Resolved by the House of Delegates, That the West Virginia 
     House of Delegates will continue to support the West Virginia 
     coal industry by encouraging measures that protect miners and 
     their families, provide incentives for the development of 
     advanced coal technologies, enhance the energy independence 
     of the State and the nation, protect the environment from 
     which coal is mined, and supply consumers with cleaner and 
     more affordable energy produced from coal; and, be it further
       Resolved, That the West Virginia House of Delegates 
     requests that West Virginia's congressional delegation resist 
     and oppose efforts at the federal level to undermine the 
     future of West Virginia's coal industry; and, be it further
       Resolved, That the Clerk of the House of Delegates forward 
     a certified copy of this resolution to United States Senators 
     Robert C. Byrd and John D. Rockefeller IV and Representatives 
     Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito.
                                  ____

       POM-89. A memorial from the Public Safety Personnel 
     Retirement System, transmitting, pursuant to Arizona law, a 
     report relative to the Arizona Terrorism Country Divestment 
     act; to the Committee on Banking, Housing, and Urban Affairs.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. DORGAN, from the Committee on Indian Affairs, with 
     an amendment in the nature of a substitute:
       S. 1011. A bill to express the policy of the United States 
     regarding the United States relationship with Native 
     Hawaiians and to provide a process for the recognition by the 
     United States of the Native Hawaiian governing entity (Rept. 
     No. 111-162).
       By Mr. KERRY, from the Committee on Foreign Relations, with 
     an amendment in the nature of a substitute and with an 
     amended preamble:
       S. Res. 400. A resolution urging the implementation of a 
     comprehensive strategy to address instability in Yemen.
       By Mr. LEAHY, from the Committee on the Judiciary, with an 
     amendment in the nature of a substitute:
       S. 1132. A bill to amend title 18, United States Code, to 
     improve the provisions relating to the carrying of concealed 
     weapons by law enforcement officers, and for other purposes.

                          ____________________




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of nominations were submitted:


[[Page 3226]]

       By Mr. LEAHY for the Committee on the Judiciary.
       Jane E. Magnus-Stinson, of Indiana, to be United States 
     District Judge for the Southern District of Indiana.
       Christopher Tobias Hoye, of Nevada, to be United States 
     Marshal for the District of Nevada for the term of four 
     years.
       Kelvin Corneilius Washington, of South Carolina, to be 
     United States Marshal for the District of South Carolina for 
     the term of four years.

  (Nominations without an asterisk were reported with the 
recommendation that they be confirmed.)

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. LUGAR (for himself, Mr. Kaufman, Mr. Franken, 
             Mr. Inouye, and Mr. Risch):
       S. 3104. A bill to permanently authorize Radio Free Asia, 
     and for other purposes; to the Committee on Foreign 
     Relations.
           By Mr. WYDEN:
       S. 3105. A bill to expand the scope of the definition of 
     airport planning to include waste management planning; to the 
     Committee on Commerce, Science, and Transportation.
           By Mrs. HAGAN (for herself, Mr. Burr, Mr. Isakson, Mr. 
             Merkley, and Mr. Chambliss):
       S. 3106. A bill to authorize States to exempt certain 
     nonprofit housing organizations from the licensing 
     requirements of the S.A.F.E. Mortgage Licensing Act of 2008; 
     to the Committee on Banking, Housing, and Urban Affairs.
           By Mr. AKAKA (for himself, Mr. Burr, Mr. Rockefeller, 
             Mrs. Murray, Mr. Sanders, Mr. Brown of Ohio, Mr. 
             Tester, Mr. Begich, Mr. Burris, Mr. Specter, Mr. 
             Isakson, and Mr. Graham):
       S. 3107. A bill to amend title 38, United States Code, to 
     provide for an increase, effective December 1, 2010, in the 
     rates of compensation for veterans with service-connected 
     disabilities and the rates of dependency and indemnity 
     compensation for the survivors of certain disabled veterans, 
     and for other purposes; to the Committee on Veterans' 
     Affairs.
           By Mr. MENENDEZ (for himself, Mr. Lautenberg, Mr. 
             Johnson, Mr. Feingold, Mr. Bingaman, Mr. Casey, and 
             Mr. Brown of Ohio):
       S. 3108. A bill to amend title 31 of the United States Code 
     to require that Federal children's programs be separately 
     displayed and analyzed in the President's budget; to the 
     Committee on the Budget.
           By Mr. BAUCUS (for himself and Mr. Tester):
       S. 3109. A bill to require the Secretary of the Army to 
     conduct levee system evaluations and certifications on 
     receipt of requests from non-Federal interests; to the 
     Committee on Environment and Public Works.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Mr. BURR (for himself, Mr. Inhofe, Mr. Brown of 
             Massachusetts, Ms. Murkowski, and Mr. Johanns):
       S. Res. 451. A resolution expressing support for 
     designation of a ``Welcome Home Vietnam Veterans Day''; to 
     the Committee on Veterans' Affairs .
           By Mr. JOHANNS (for himself, Mrs. Lincoln, Mr. 
             Chambliss, Mr. Roberts, Mr. Brownback, Mrs. 
             Hutchison, Mr. Cornyn, Mr. Enzi, Mr. Dorgan, Mr. 
             Conrad, Mr. Inhofe, Mr. Thune, Mr. Crapo, Mr. Pryor, 
             Mr. Barrasso, Mr. Bond, Mr. Nelson of Nebraska, Ms. 
             Klobuchar, Mr. Risch, Mr. Bennet, Mr. Udall of New 
             Mexico, Mr. Nelson of Florida, Mr. Voinovich, and Mr. 
             Coburn):
       S. Res. 452. A resolution supporting increased market 
     access for exports of United States beef and beef products to 
     Japan; to the Committee on Finance.
           By Mr. UDALL of New Mexico (for himself, Mr. Brown of 
             Ohio, Mr. Burris, Mr. Wyden, Mr. Akaka, Mr. Menendez, 
             Mr. Tester, Mr. Begich, Mr. Durbin, and Mr. Merkley):
       S. Res. 453. A resolution supporting the goals and ideals 
     of ``National Public Health Week''; to the Committee on 
     Health, Education, Labor, and Pensions.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 148

  At the request of Mr. Kohl, the name of the Senator from Minnesota 
(Ms. Klobuchar) was added as a cosponsor of S. 148, a bill to restore 
the rule that agreements between manufacturers and retailers, 
distributors, or wholesalers to set the minimum price below which the 
manufacturer's product or service cannot be sold violates the Sherman 
Act.


                                 S. 259

  At the request of Mr. Bond, the name of the Senator from South Dakota 
(Mr. Johnson) was added as a cosponsor of S. 259, a bill to establish a 
grant program to provide vision care to children, and for other 
purposes.


                                 S. 653

  At the request of Mr. Cardin, the name of the Senator from Michigan 
(Mr. Levin) was added as a cosponsor of S. 653, a bill to require the 
Secretary of the Treasury to mint coins in commemoration of the 
bicentennial of the writing of the Star-Spangled Banner, and for other 
purposes.


                                 S. 704

  At the request of Mr. Harkin, the name of the Senator from North 
Carolina (Mrs. Hagan) was added as a cosponsor of S. 704, a bill to 
direct the Comptroller General of the United States to conduct a study 
on the use of Civil Air Patrol personnel and resources to support 
homeland security missions, and for other purposes.


                                 S. 750

  At the request of Mrs. Boxer, the name of the Senator from New York 
(Mrs. Gillibrand) was added as a cosponsor of S. 750, a bill to amend 
the Public Health Service Act to attract and retain trained health care 
professionals and direct care workers dedicated to providing quality 
care to the growing population of older Americans.


                                 S. 781

  At the request of Mr. Roberts, the name of the Senator from Virginia 
(Mr. Warner) was added as a cosponsor of S. 781, a bill to amend the 
Internal Revenue Code of 1986 to provide for collegiate housing and 
infrastructure grants.


                                 S. 904

  At the request of Mr. Harkin, the name of the Senator from Ohio (Mr. 
Brown) was added as a cosponsor of S. 904, a bill to amend the Fair 
Labor Standards Act of 1938 to prohibit discrimination in the payment 
of wages on account of sex, race, or national origin, and for other 
purposes.


                                 S. 987

  At the request of Mr. Durbin, the name of the Senator from New Jersey 
(Mr. Lautenberg) was added as a cosponsor of S. 987, a bill to protect 
girls in developing countries through the prevention of child marriage, 
and for other purposes.


                                 S. 999

  At the request of Mr. Bingaman, the name of the Senator from Ohio 
(Mr. Brown) was added as a cosponsor of S. 999, a bill to increase the 
number of well-trained mental health service professionals (including 
those based in schools) providing clinical mental health care to 
children and adolescents, and for other purposes.


                                S. 1038

  At the request of Mrs. Feinstein, the name of the Senator from 
Indiana (Mr. Lugar) was added as a cosponsor of S. 1038, a bill to 
improve agricultural job opportunities, benefits, and security for 
aliens in the United States and for other purposes.


                                S. 1089

  At the request of Mr. Baucus, the names of the Senator from Minnesota 
(Ms. Klobuchar) and the Senator from New Mexico (Mr. Udall) were added 
as cosponsors of S. 1089, a bill to facilitate the export of United 
States agricultural commodities and products to Cuba as authorized by 
the Trade Sanctions Reform and Export Enhancement Act of 2000, to 
establish an agricultural export promotion program with respect to 
Cuba, to remove impediments to the export to Cuba of medical devices 
and medicines, to allow travel to Cuba by United States citizens and 
legal residents, to establish an agricultural export promotion program 
with respect to Cuba, and for other purposes.


                                S. 1171

  At the request of Mr. Pryor, the name of the Senator from Maine (Ms. 
Collins) was added as a cosponsor of S. 1171, a bill to amend title 
XVIII of the Social Security Act to restore State authority to waive 
the 35-mile rule for designating critical access hospitals under the 
Medicare Program.

[[Page 3227]]




                                S. 1192

  At the request of Mr. Wyden, the name of the Senator from North 
Carolina (Mr. Burr) was added as a cosponsor of S. 1192, a bill to 
restrict any State or local jurisdiction from imposing a new 
discriminatory tax on mobile wireless communications services, 
providers, or property.


                                S. 1516

  At the request of Mr. Feingold, the name of the Senator from Illinois 
(Mr. Durbin) was added as a cosponsor of S. 1516, a bill to secure the 
Federal voting rights of persons who have been released from 
incarceration.


                                S. 1612

  At the request of Mrs. Lincoln, the name of the Senator from Vermont 
(Mr. Sanders) was added as a cosponsor of S. 1612, a bill to amend the 
Internal Revenue Code of 1986 to improve the operation of employee 
stock ownership plans, and for other purposes.


                                S. 1652

  At the request of Mr. Harkin, the names of the Senator from Maine 
(Ms. Snowe) and the Senator from South Dakota (Mr. Johnson) were added 
as cosponsors of S. 1652, a bill to amend part B of the Individuals 
with Disabilities Education Act to provide full Federal funding of such 
part.


                                S. 1700

  At the request of Mr. Lugar, the name of the Senator from Oregon (Mr. 
Merkley) was added as a cosponsor of S. 1700, a bill to require certain 
issuers to disclose payments to foreign governments for the commercial 
development of oil, natural gas, and minerals, to express the sense of 
Congress that the President should disclose any payment relating to the 
commercial development of oil, natural gas, and minerals on Federal 
land, and for other purposes.


                                S. 1932

  At the request of Mr. McCain, the name of the Senator from Indiana 
(Mr. Bayh) was added as a cosponsor of S. 1932, a bill to amend the 
Elementary and Secondary Education Act of 1965 to allow members of the 
Armed Forces who served on active duty on or after September 11, 2001, 
to be eligible to participate in the Troops-to-Teachers Program, and 
for other purposes.


                                S. 2749

  At the request of Mrs. Gillibrand, the name of the Senator from 
Oregon (Mr. Merkley) was added as a cosponsor of S. 2749, a bill to 
amend the Richard B. Russell National School Lunch Act to improve 
access to nutritious meals for young children in child care.


                                S. 2750

  At the request of Mr. Schumer, the name of the Senator from Michigan 
(Ms. Stabenow) was added as a cosponsor of S. 2750, a bill to amend the 
Public Health Service Act to authorize the Secretary of Health and 
Human Services to make grants to eligible States for the purpose of 
reducing the student-to-school nurse ratio in public secondary schools, 
elementary schools, and kindergarten.


                                S. 2758

  At the request of Ms. Stabenow, the name of the Senator from New 
Mexico (Mr. Udall) was added as a cosponsor of S. 2758, a bill to amend 
the Agricultural Research, Extension, and Education Reform Act of 1998 
to establish a national food safety training, education, extension, 
outreach, and technical assistance program for agricultural producers, 
and for other purposes.


                                S. 2760

  At the request of Mr. Udall of New Mexico, the name of the Senator 
from North Carolina (Mrs. Hagan) was added as a cosponsor of S. 2760, a 
bill to amend title 38, United States Code, to provide for an increase 
in the annual amount authorized to be appropriated to the Secretary of 
Veterans Affairs to carry out comprehensive service programs for 
homeless veterans.


                                S. 2908

  At the request of Mr. Kohl, the name of the Senator from Arkansas 
(Mrs. Lincoln) was added as a cosponsor of S. 2908, a bill to amend the 
Energy Policy and Conservation Act to require the Secretary of Energy 
to publish a final rule that establishes a uniform efficiency 
descriptor and accompanying test methods for covered water heaters, and 
for other purposes.


                                S. 2989

  At the request of Ms. Landrieu, the name of the Senator from 
Wisconsin (Mr. Feingold) was added as a cosponsor of S. 2989, a bill to 
improve the Small Business Act, and for other purposes.


                                S. 3018

  At the request of Mr. Wyden, the name of the Senator from Missouri 
(Mr. Bond) was added as a cosponsor of S. 3018, a bill to amend the 
Internal Revenue Code of 1986 to make the Federal income tax system 
simpler, fairer, and more fiscally responsible, and for other purposes.


                                S. 3036

  At the request of Mr. Bayh, the name of the Senator from New York 
(Mrs. Gillibrand) was added as a cosponsor of S. 3036, a bill to 
establish the Office of the National Alzheimer's Project.


                                S. 3038

  At the request of Mr. Inhofe, the name of the Senator from 
Mississippi (Mr. Cochran) was added as a cosponsor of S. 3038, a bill 
to amend the Safe Drinking Water Act to prevent the enforcement of 
certain national primary drinking water regulations unless sufficient 
funding is available.


                                S. 3047

  At the request of Mr. Isakson, the name of the Senator from Ohio (Mr. 
Voinovich) was added as a cosponsor of S. 3047, a bill to terminate the 
Internal Revenue Code of 1986, and for other purposes.


                                S. 3056

  At the request of Mr. Wyden, the name of the Senator from Rhode 
Island (Mr. Whitehouse) was added as a cosponsor of S. 3056, a bill to 
amend the Energy Policy Act of 2005 to repeal a section of that Act 
relating to exportation and importation of natural gas.


                                S. 3058

  At the request of Mr. Dorgan, the names of the Senator from Maine 
(Ms. Snowe) and the Senator from Pennsylvania (Mr. Casey) were added as 
cosponsors of S. 3058, a bill to amend the Public Health Service Act to 
reauthorize the special diabetes programs for Type I diabetes and 
Indians under that Act.


                                S. 3059

  At the request of Mr. Bingaman, the name of the Senator from Indiana 
(Mr. Bayh) was added as a cosponsor of S. 3059, a bill to improve 
energy efficiency of appliances, lighting, and buildings, and for other 
purposes.


                                S. 3065

  At the request of Mr. Lieberman, the name of the Senator from 
Connecticut (Mr. Dodd) was added as a cosponsor of S. 3065, a bill to 
amend title 10, United States Code, to enhance the readiness of the 
Armed Forces by replacing the current policy concerning homosexuality 
in the Armed Forces, referred to as ``Don't Ask, Don't Tell'', with a 
policy of nondiscrimination on the basis of sexual orientation.


                                S. 3095

  At the request of Mr. Inhofe, the name of the Senator from Georgia 
(Mr. Isakson) was added as a cosponsor of S. 3095, a bill to reduce the 
deficit by establishing discretionary caps for non-security spending.


                                S. 3098

  At the request of Mr. Merkley, the name of the Senator from 
California (Mrs. Feinstein) was added as a cosponsor of S. 3098, a bill 
to prohibit proprietary trading and certain relationships with hedge 
funds and private equity funds, to address conflicts of interest with 
respect to certain securitizations, and for other purposes.


                              S. RES. 409

  At the request of Mr. Feingold, the name of the Senator from 
Massachusetts (Mr. Kerry) was added as a cosponsor of S. Res. 409, a 
resolution calling on members of the Parliament in Uganda to reject the 
proposed ``Anti--Homosexuality Bill'', and for other purposes.


                              S. RES. 432

  At the request of Mr. Crapo, the name of the Senator from Mississippi 
(Mr. Wicker) was added as a cosponsor of S. Res. 432, a bill supporting 
the goals and ideals of the Year of the Lung 2010.


                           AMENDMENT NO. 3453

  At the request of Mr. Sessions, the name of the Senator from 
Minnesota

[[Page 3228]]

(Ms. Klobuchar) was added as a cosponsor of amendment No. 3453 proposed 
to H.R. 1586, a bill to impose an additional tax on bonuses received 
from certain TARP recipients.


                           AMENDMENT NO. 3454

  At the request of Mr. DeMint, the names of the Senator from Florida 
(Mr. LeMieux), the Senator from Missouri (Mrs. McCaskill), the Senator 
from Nevada (Mr. Ensign), the Senator from Texas (Mr. Cornyn), the 
Senator from Idaho (Mr. Risch) and the Senator from South Carolina (Mr. 
Graham) were added as cosponsors of amendment No. 3454 proposed to H.R. 
1586, a bill to impose an additional tax on bonuses received from 
certain TARP recipients.


                           AMENDMENT NO. 3458

  At the request of Mr. Vitter, the names of the Senator from Texas 
(Mr. Cornyn), the Senator from Mississippi (Mr. Wicker) and the Senator 
from Mississippi (Mr. Cochran) were added as cosponsors of amendment 
No. 3458 proposed to H.R. 1586, a bill to impose an additional tax on 
bonuses received from certain TARP recipients.


                           AMENDMENT NO. 3463

  At the request of Mr. Bennett, the name of the Senator from Idaho 
(Mr. Risch) was added as a cosponsor of amendment No. 3463 intended to 
be proposed to H.R. 1586, a bill to impose an additional tax on bonuses 
received from certain TARP recipients.

                          ____________________




          STATEMENTS ON INTRODUCED BILIS AND JOINT RESOLUTIONS

      By Mr. AKAKA (for himself, Mr. Burr, Mr. Rockefeller, Mrs. 
        Murray, Mr. Sanders, Mr. Brown of Ohio, Mr. Tester, Mr. Begich, 
        Mr. Burris, Mr. Specter, Mr. Isakson, and Mr. Graham):
  S. 3107. A bill to amend title 38, United States Code, to provide for 
an increase, effective December 1, 2010, in the rates of compensation 
for veterans with service-connected disabilities and the rates of 
dependency and indemnity compensation for the survivors of certain 
disabled veterans, and for other purposes; to the Committee on 
Veterans' Affairs.
  Mr. AKAKA. Mr. President, today, as Chairman of the Senate Committee 
on Veterans' Affairs, I introduce the Veterans' Compensation Cost-of-
Living Adjustment Act of 2010.
  This measure would direct the Secretary of Veterans Affairs to 
increase, effective December 1, 2010, the rates of veterans' 
compensation to keep pace with the rising cost of living in this 
country, if such an adjustment is triggered by an increase in the 
Consumer Price Index. This legislation, commonly referred to as the 
COLA, would make an increase available to veterans at the same level as 
a cost-of-living increase, if provided to those who receive Social 
Security benefits.
  My colleagues on the Committee on Veterans' Affairs, including 
Senators Burr, Rockefeller, Murray, Sanders, Brown of Ohio, Tester, 
Begich, Burris, Specter, Isakson, and Graham join me in introducing 
this important legislation. I appreciate their continued support of the 
Nation's veterans.
  Congress regularly enacts a cost-of-living adjustment for veterans' 
compensation in order to ensure that inflation does not erode the 
purchasing power of those veterans and survivors who depend upon this 
income to meet their daily needs. Last year, Congress passed, and the 
President signed into law, Public Law 111-37. While there was no cost-
of-living increase in 2010 due to a decline in the Consumer Price 
Index, the 2011 adjustment has not yet been determined.
  The COLA affects, among other benefits, veterans' disability 
compensation and dependency and indemnity compensation for surviving 
spouses and children. It is projected that over 3.5 million veterans 
and survivors will be in receipt of compensation benefits in fiscal 
year 2011. Many of these recipients depend upon these tax-free payments 
not only to provide for their own basic needs, but those of their 
spouses and children as well.
  It is important that we view veterans' compensation, including the 
COLA, and indeed all benefits earned by veterans, as a continuing cost 
of war. It is clear that the ongoing conflicts in Iraq and Afghanistan 
will continue to result in injuries and disabilities that will yield an 
increase in claims for compensation.
  Payment of disability compensation to those of our Nation's veterans 
who have an illness or disability related to their service constitutes 
one of the central missions of the Department of Veterans Affairs. It 
is a necessary measure of appreciation afforded to those veterans whose 
lives were forever altered by their service to this country.
  I urge our colleagues to work together to ensure this benefit remains 
available and is not diminished by the effects of inflation. I also ask 
our colleagues for their continued support for the Nation's veterans.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3107

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans' Compensation Cost-
     of-Living Adjustment Act of 2010''.

     SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND 
                   DEPENDENCY AND INDEMNITY COMPENSATION.

       (a) Rate Adjustment.--Effective on December 1, 2010, the 
     Secretary of Veterans Affairs shall increase, in accordance 
     with subsection (c), the dollar amounts in effect on November 
     30, 2010, for the payment of disability compensation and 
     dependency and indemnity compensation under the provisions 
     specified in subsection (b).
       (b) Amounts To Be Increased.--The dollar amounts to be 
     increased pursuant to subsection (a) are the following:
       (1) Wartime disability compensation.--Each of the dollar 
     amounts under section 1114 of title 38, United States Code.
       (2) Additional compensation for dependents.--Each of the 
     dollar amounts under section 1115(1) of such title.
       (3) Clothing allowance.--The dollar amount under section 
     1162 of such title.
       (4) Dependency and indemnity compensation to surviving 
     spouse.--Each of the dollar amounts under subsections (a) 
     through (d) of section 1311 of such title.
       (5) Dependency and indemnity compensation to children.--
     Each of the dollar amounts under sections 1313(a) and 1314 of 
     such title.
       (c) Determination of Increase.--
       (1) Percentage.--Except as provided in paragraph (2), each 
     dollar amount described in subsection (b) shall be increased 
     by the same percentage as the percentage by which benefit 
     amounts payable under title II of the Social Security Act (42 
     U.S.C. 401 et seq.) are increased effective December 1, 2010, 
     as a result of a determination under section 215(i) of such 
     Act (42 U.S.C. 415(i)).
       (2) Rounding.--Each dollar amount increased under paragraph 
     (1), if not a whole dollar amount, shall be rounded to the 
     next lower whole dollar amount.
       (d) Special Rule.--The Secretary of Veterans Affairs may 
     adjust administratively, consistent with the increases made 
     under subsection (a), the rates of disability compensation 
     payable to persons under section 10 of Public Law 85-857 (72 
     Stat. 1263) who have not received compensation under chapter 
     11 of title 38, United States Code.
       (e) Publication of Adjusted Rates.--The Secretary of 
     Veterans Affairs shall publish in the Federal Register the 
     amounts specified in subsection (b), as increased under 
     subsection (a), not later than the date on which the matters 
     specified in section 215(i)(2)(D) of the Social Security Act 
     (42 U.S.C. 415(i)(2)(D)) are required to be published by 
     reason of a determination made under section 215(i) of such 
     Act during fiscal year 2011.
                                 ______
                                 
      By Mr. BAUCUS (for himself and Mr. Tester):
  S. 3109. A bill to require the Secretary of the Army to conduct levee 
system evaluations and certifications on receipt of requests from non-
Federal interests; to the Committee on Environment and Public Works.
  Mr. BAUCUS. Mr. President, I rise today to introduce the Rural 
Community Flood Protection Act of 2010.
  We have all seen, and many of us have experienced firsthand, the 
devastation that a flood can bring to any community. This devastation 
is experienced equally, whether your home is in an area that is high or 
low hazard, rural or urban, wealthy or poor. Flood control is a multi-
pronged effort involving structural and non-structural

[[Page 3229]]

flood control measures, hazard mitigation, emergency planning, and 
insurance. Our Nation has a myriad of programs designed to address 
flood hazards. FEMA produces flood maps to define the risk and operates 
hazard mitigation programs to reduce risk. The National Flood Insurance 
Program, NFIP, provides flood insurance to property owners in a mapped 
risk area. The Army Corps of Engineers designs and constructs flood 
control projects. This hodgepodge of responsibilities has always been a 
challenge for the U.S., and it continues to be one today.
  Nowhere is this challenge more evident than in the process of FEMA's 
map modernization program, the Corps' levee certification 
responsibilities, and NFIP program requirements. This issue has 
lingered around the edges for years, and its impact is now being felt 
in an enormous way in Montana where communities struggling to navigate 
the maze of what seems to be an overwhelming Federal bureaucracy are 
incredibly frustrated.
  Let me begin by saying that it is important that we recognize the 
risks we face before we make snap judgments about whether preventive 
action should or shouldn't be taken. Specifically, it is a good idea 
for FEMA to update our Nation's flood maps so that we can be honest 
with ourselves about the risks we face. However, that process, must be 
transparent and it must recognize the differences between Sacramento, 
CA, and Saco, MT. It can be overwhelming for a small community in 
Montana to participate in this process. That is why I have written to 
FEMA Director Craig Fugate asking him to consider the needs of small, 
rural communities as the Agency progresses with its map modernization 
program.
  Once flood hazards are accurately mapped, communities must work to 
ensure that their flood control structures, if they have them, are up 
to par and can actually provide protection for the hazards they face. 
Without a levee ``certification'' by a professional engineer, those 
portions of a community located behind the levee, believing for years 
that they had adequate flood protection, are suddenly faced with a map 
that depicts them as in the floodplain, unprotected, required to 
purchase flood insurance.
  It seems like it would be a simple process to get a levee 
certification. Traditionally, the Army Corps has performed this work. 
However, in 2008 the Army Corps of Engineers established a policy that 
it would no longer perform levee certifications on non-Federally 
operated levees. This policy has left communities like Great Falls, 
Montana high and dry when it comes to a certification process. I wrote 
to the Corps of Engineers on February 18, 2010, asking the Agency to 
re-evaluate this policy.
  I hope that the Corps will change their policy. But, Montana cannot 
wait for that to happen. Great Falls, Vaughn, Miles City, Glendive, 
Saco, Havre, Forsyth, Malta, Glasgow and others cannot wait for the 
Corps deliberations. That is why I am introducing legislation today 
that will give the Corps direct authority to perform levee 
certifications. In addition, my bill includes special provisions for 
small communities and for those levee districts that are operated by a 
volunteer staff, allowing the Corps to perform these certifications at 
100 percent Federal cost.
  This bill is one step in what will be a long process for all of us as 
we update and upgrade our knowledge of the risks posed by flooding, our 
current level of protection, and additional steps we need to take to 
ensure that lives and property are not unnecessarily lost. In the 
process of that upgrade, we cannot lose sight of the impact of this 
process and these decisions on our local communities.
  We don't want the cost of staying in the NFIP to rise above the point 
where small communities can participate. We don't want a burdensome 
Federal bureaucracy to make it impossible for people to make good 
decisions about their own safety and that of their community. In these 
economic times, rural communities are struggling to come up with enough 
money just to keep afloat, and a hefty certification fee can be an 
undue burden.
  I urge my colleagues to support this measure.
  Mr. President, I ask unanimous consent that letters of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record.


                                                  U.S. Senate,

                                   Washington, DC, March 11, 2010.
     Administrator W. Craig Fugate,
     Office of the Administrator, Federal Emergency Management 
         Agency, C Street, S.W., Washington, DC.
       Dear Administrator Fugate: I am writing to express concern 
     about the impact of FEMA's Flood Insurance Rate Map 
     Modernization on small communities across Montana. Let me 
     state up front that I fully support your agency's efforts to 
     provide the nation with digital flood hazard data and maps 
     that are more reliable, It is critically important that land 
     owners are protected against the risk to life and property 
     posed by flooding.
       However, as your agency conducts the Map Modernization in 
     Montana, I urge you to take every possible step to 
     accommodate the unique circumstances small rural communities 
     face. For example, small towns often cannot afford to 
     challenge FEMA's preliminary flood insurance study. These 
     communities are left in the untenable position of paying 
     thousands of dollars for an engineering firm to develop the 
     revised flood insurance study required to appeal FEMA's 
     preliminary study, or to accept FEMA's preliminary flood 
     insurance study as is, even if there are valid grounds to 
     dispute the study's findings. It is clear that an improved 
     appeals process could help correct errors made during FEMA's 
     map modernization and thus prevent unneeded flood insurance 
     expenses.
       Please provide a detailed list of the steps your agency is 
     taking to accommodate the special needs of rural communities 
     during the map modernization process. Specifically, detail 
     how your agency accommodates appeals to a preliminary flood 
     insurance study by small communities with small budgets.
       Thank you for your prompt response to this request.
           Sincerely,
     Max Baucus.
                                  ____



                                                  U.S. Senate,

                                Washington, DC, February 18, 2010.
     Hon. Jo-Ellen Darcy,
     Assistant Secretary of the Army (Civil Works), U.S. Army 
         Corps of Engineers, G Street, NW., Washington, DC.
       Dear Assistant Secretary Darcy: I am writing to you 
     regarding the January 23, 2008 memo establishing priorities 
     for Fiscal Year 2008 Levee Safety Program Inspection Funds. 
     Specifically, I would like you to provide additional 
     justification for your policy determination that levee 
     certification is a non-Federal responsibility and that these 
     certifications will not be funded using Federal funds.
       Throughout Montana and the rest of the country, non-Federal 
     sponsors for Federally-constructed levees are struggling to 
     work through the FEMA floodplain re-mapping process and the 
     associated requirements for levee certification. I recognize 
     the need to ensure that accurate information is provided to 
     property owners and decision-makers regarding the residual 
     risk of flooding that exists behind a flood control structure 
     and to ensure that such properties are adequately insured to 
     prevent excessive disaster payments by the Federal 
     government, I understand that FEMA's map updates will portray 
     a floodplain area protected by a certified levee as an area 
     with 1 in 100 year flood protect and a floodplain area that 
     is protected by an uncertified levee as unprotected.
       Therefore, the levee certification process is a critical 
     step in the nation's efforts to ensure that our existing 
     flood control system offers viable protection for life and 
     property. First and foremost, from an engineering 
     perspective, it is important that any flaws or shortcomings 
     in our existing levees are identified and repaired before a 
     disaster, not after. Second, because the certification of a 
     levee is the determining factor in how a particular 
     floodplain will be mapped and what insurance requirements 
     will apply, it is important that communities have access to a 
     clear, reasonable process to obtain this certification,
       Prior to January 2008, the Corps performed levee 
     certifications for Federally-constructed levees. On January 
     23, 2008, a memorandum regarding prioritization of fiscal 
     year 2008 funds was released by your office, which precluded 
     the Corps from using fiscal year 2008 funds to perform levee 
     certifications and stated that levee certification is a non-
     Federal responsibility. Please provide your justification for 
     this abrupt change in policy, in addition to a cost analysis 
     of the impact of this change to non-Federal sponsors. Please 
     describe the outreach that was performed prior to and after 
     this decision to ensure that levee managers throughout the 
     country were properly informed. Please articulate, in detail, 
     the options available for levee districts seeking 
     certification of their Federally-constructed levee. In 
     determining

[[Page 3230]]

     the effective date of your new policy, was a transition plan 
     considered and/or implemented for those levees that were 
     already moving through the remapping process and were 
     anticipating that the certification process would be 
     conducted by the Corps? Was consideration given to the 
     differing technical and financial capabilities of levee 
     districts throughout the country to ensure that small, rural 
     communities are not adversely impacted by this policy change 
     when compared to large communities? Has the Corps considered 
     the lack of engineering resources in certain parts of the 
     country as a planning factor for implementing the new January 
     2008 policy? The January 23 memo states that the Corps can 
     perform levee certification on a reimbursable basis. How do 
     the limitations adopted in 31 U.S.C. 6505, as amended, affect 
     the ability of the Corps to perform these certifications? 
     Have levee districts in small, rural communities elected to 
     pay the Corps to perform levee certifications since January 
     2008? Please describe how this decision was and continues to 
     be coordinated with the FEMA remapping process. Thank you for 
     your attention to this critical issue.
           Sincerely,
     Max Baucus.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

   SENATE RESOLUTION 451--EXPRESSING SUPPORT FOR A DESIGNATION OF A 
                 ``WELCOME HOME VIETNAM VETERANS DAY''

  Mr. BURR (for himself, Mr. Inhofe, Mr. Brown of Massachusetts, Ms. 
Murkowski, and Mr. Johanns) submitted the following resolution; which 
was referred to the Committee on Veterans Affairs:

                              S. Res. 451

       Whereas the Vietnam War was fought in the Republic of South 
     Vietnam from 1961 to 1975, and involved North Vietnamese 
     regular forces and Viet Cong guerrilla forces in armed 
     conflict with United States Armed Forces and the Army of the 
     Republic of Vietnam;
       Whereas the United States Armed Forces became involved in 
     Vietnam because the United States Government wanted to 
     provide direct military support to the Government of South 
     Vietnam to defend itself against the growing Communist threat 
     from North Vietnam;
       Whereas members of the United States Armed Forces began 
     serving in an advisory role to the Government of the Republic 
     of South Vietnam in 1961;
       Whereas, as a result of the Gulf of Tonkin incidents on 
     August 2 and 4, 1964, Congress overwhelmingly passed the Gulf 
     of Tonkin Resolution (Public Law 88-408), on August 7, 1964, 
     which provided the authority to the President of the United 
     States to prosecute the war against North Vietnam;
       Whereas, in 1965, United States Armed Forces ground combat 
     units arrived in Vietnam;
       Whereas, by the end of 1965, there were 80,000 United 
     States troops in Vietnam, and by 1969, a peak of 
     approximately 543,000 troops was reached;
       Whereas, on January 27, 1973, the Treaty of Paris was 
     signed, which required the release of all United States 
     prisoners-of-war held in North Vietnam and the withdrawal of 
     all United States Armed Forces from South Vietnam;
       Whereas, on March 30, 1973, the United States Armed Forces 
     completed the withdrawal of combat units and combat support 
     units from South Vietnam;
       Whereas, on April 30, 1975, North Vietnamese regular forces 
     captured Saigon, the capitol of South Vietnam, effectively 
     placing South Vietnam under Communist control;
       Whereas more than 58,000 members of the United States Armed 
     Forces lost their lives in Vietnam and more than 300,000 
     members of the Armed Forces were wounded;
       Whereas, in 1982, the Vietnam Veterans Memorial was 
     dedicated in the District of Columbia to commemorate those 
     members of the United States Armed Forces who died or were 
     declared missing-in-action in Vietnam;
       Whereas the Vietnam War was an extremely divisive issue 
     among the people of the United States and a conflict that 
     caused a generation of veterans to wait too long for the 
     United States public to acknowledge and honor the efforts and 
     services of such veterans;
       Whereas members of the United States Armed Forces who 
     served bravely and faithfully for the United States during 
     the Vietnam War were often wrongly criticized for the policy 
     decisions made by 4 presidential administrations in the 
     United States;
       Whereas the establishment of a ``Welcome Home Vietnam 
     Veterans Day'' would be an appropriate way to honor those 
     members of the United States Armed Forces who served in South 
     Vietnam and throughout Southeast Asia during the Vietnam War; 
     and
       Whereas March 30, 2010, would be an appropriate day to 
     establish as ``Welcome Home Vietnam Veterans Day'': Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) honors and recognizes the contributions of veterans who 
     served in the United States Armed Forces in Vietnam during 
     war and during peace;
       (2) encourages States and local governments to also 
     establish ``Welcome Home Vietnam Veterans Day''; and
       (3) encourages the people of the United States to observe 
     ``Welcome Home Vietnam Veterans Day'' with appropriate 
     ceremonies and activities that--
       (A) provide the appreciation Vietnam War veterans deserve, 
     but did not receive upon returning home from the war;
       (B) demonstrate the resolve that never again shall the 
     Nation disregard and denigrate a generation of veterans;
       (C) promote awareness of the faithful service and 
     contributions of such veterans during their military service 
     as well as to their communities since returning home;
       (D) promote awareness of the importance of entire 
     communities empowering veterans and the families of veterans 
     to readjust to civilian life after military service; and
       (E) promote opportunities for such veterans to assist 
     younger veterans returning from the wars in Iraq and 
     Afghanistan in rehabilitation from wounds, both seen and 
     unseen, and to support the reintegration of younger veterans 
     into civilian life.

                          ____________________




 SENATE RESOLUTION 452--SUPPORTING INCREASED MARKET ACCESS FOR EXPORTS 
            OF UNITED STATES BEEF AND BEEF PRODUCTS TO JAPAN

  Mr. JOHANNS (for himself, Mrs. Lincoln, Mr. Chambliss, Mr. Roberts, 
Mr. Brownback, Mrs. Hutchison, Mr. Cornyn, Mr. Enzi, Mr. Dorgan, Mr. 
Conrad, Mr. Inhofe, Mr. Thune, Mr. Crapo, Mr. Pryor, Mr. Barrasso, Mr. 
Bond, Mr. Nelson of Nebraska, Ms. Klobuchar, Mr. Risch, Mr. Bennet, Mr. 
Udall of New Mexico, Mr. Nelson of Florida, Mr. Voinovich, and Mr. 
Coburn) submitted the following resolution; which was referred to the 
Committee on Finance:

                              S. Res. 452

       Whereas, in 2003, Japan was the largest market for United 
     States beef, with exports valued at $1,400,000,000;
       Whereas, after the discovery of 1 Canadian-born cow 
     infected with bovine spongiform encephalopathy (BSE) disease 
     in the State of Washington in December of 2003, Japan closed 
     its market to United States beef, and still restricts access 
     to a large number of safe United States beef products;
       Whereas for years the Government of the United States has 
     developed and implemented a multilayered system of 
     interlocking safeguards to ensure the safety of United States 
     beef, and after the 2003 discovery, the United States 
     implemented further safeguards to ensure beef safety;
       Whereas a 2006 study by the United States Department of 
     Agriculture found that BSE was virtually nonexistent in the 
     United States;
       Whereas the internationally recognized standard-setting 
     body, the World Organization for Animal Health (OIE), has 
     classified the United States as a controlled risk country for 
     BSE, which means that United States beef is safe for export 
     and consumption;
       Whereas, from 2004 through 2009, United States beef exports 
     to Japan averaged roughly $196,000,000, less than 15 percent 
     of the amount the United States sold to Japan in 2003, 
     causing significant losses for United States cattle 
     producers; and
       Whereas, while Japan remains an important ally and trading 
     partner of the United States, this unscientific trade 
     restriction is not consistent with fair trade practices, nor 
     with United States treatment of Japanese imports: Now, 
     therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) it is not in the interest of either the United States 
     or Japan to arbitrarily restrict market access for their 
     close partners;
       (2) trade between the United States and Japan should be 
     conducted with mutual respect and based on sound science;
       (3) since banning United States beef in December 2003, 
     Japan has not treated United States beef producers fairly;
       (4) both Japan and the United States should comply with 
     guidelines based on sound science;
       (5) Japan should immediately expand market access for 
     United States exporters of both bone-in and boneless beef 
     beyond the existing standard of beef from cattle 20 months 
     and younger; and
       (6) the President should insist on increased access for 
     United States exporters of beef and beef products to the 
     market in Japan.

  Mr. JOHANNS. Mr. President, I rise to offer a resolution supporting 
increased access for U.S. beef and beef products to the country of 
Japan. Let me step back and set the stage for this resolution.
  On December 23, 2003, one cow was discovered in the United States 
with BSE, the disease sometimes referred to in a kind of slang way as 
``mad cow disease.'' Even though that animal was

[[Page 3231]]

actually born in Canada, the reaction of our trading partners around 
the world was swift and devastating. Almost immediately, Japan and 
other countries closed their markets to U.S. beef. Virtually with the 
snap of a finger, we lost over 90 percent of our export market. It just 
disappeared. At the time, Japan was the largest export market for U.S. 
beef. It had a value to our producers of $1.4 billion.
  We began work to address BSE in this country dating all the way back 
to 1988, when the Department of Agriculture established a BSE committee 
to make recommendations on appropriate regulatory controls. Our 
government has developed and implemented a multilayered system of 
interlocking safeguards to ensure the safety of American beef. After 
the 2003 BSE discovery, we added even more safeguards. These efforts by 
our government, in coordination with U.S. cattle producers, have paid 
off. A 2006 study by USDA found that BSE was virtually nonexistent 
among the 40 million adult cattle in our country. Again in 2007, the 
World Organization for Animal Health, the internationally recognized 
standard-setting body, also known as OIE, classified the United States 
as a ``controlled risk'' country for BSE. This classification simply 
means that because of the expansive system of safeguards that are in 
place, U.S. beef is safe for export and for consumption.
  Interestingly enough, that is the identical classification the OIE 
gave to Japan just last year. So as Japan asked their trading partners 
to treat them fairly under OIE standards, we are asking them to reopen 
their market for our beef.
  Seven years have passed. We have proven, time and again, the 
effectiveness of our safety system. The Japanese still restrict most 
U.S. beef products. Japan's actions are not consistent with fair 
trading practices, nor with the U.S. treatment of Japan's imports. That 
is why I agreed to meet last week with the Japanese Ambassador to 
discuss this matter. I asked the Ambassador: What would happen if the 
United States said it doesn't want any more car parts from Japan until 
they can assure us that there are absolutely no defects? That is 
essentially what it has done to our beef industry. If we in the United 
States said we would never do anything in response to the current 
Toyota situation that they have not already done to us, that would not 
be a good deal for Japan when it comes to exports. Their treatment of 
our beef has cost our Nation's beef industry billions of dollars and 
has been economically devastating to States such as mine, the State of 
Nebraska. If we treated their products the same way, it would be 
equally as devastating to Japan because we are a major importer of 
Japanese goods. Over the last 6 years, the United States has purchased, 
on average, over $132 billion in Japanese goods annually. In 2009 
alone, even in the midst of a global economic downturn, the United 
States purchased $95.9 billion of products from Japan. Cars led the 
way. We purchased $31.5 billion in vehicles and parts. Beyond that, we 
bought $19.5 billion in nuclear reactors, machinery, and parts. Just 
over $15 billion worth of electronics we bought from Japan, another $5 
billion in optic, photo, medical or surgical instruments, and dozens 
and dozens of other products that add up to another $25 billion.
  I wish to make something clear. I am not advocating that the United 
States close its borders to Japan's products. Japan is a valued friend. 
But what I do say I say directly and with the resolution: Sanctions on 
our beef do not represent the act of a friend nor that of a fair 
trading partner. There is simply no scientific justification for their 
restrictions, none whatsoever, a point my friends from Japan cannot 
deny. Quite honestly, Japan's standard of accepting only beef from 
cattle aged 20 months and younger was pulled out of thin air. It is 
nothing more than an economic sanction.
  I have been dealing with this issue for nearly 7 years, first as the 
Governor of Nebraska, then as our Agriculture Secretary, and now as a 
Senator. My confirmation hearing before this body to become Secretary 
of Agriculture was dominated by one topic: Opening Japan's borders to 
our beef.
  I come forward to offer this sense-of-the-Senate resolution. The 
resolution does not say we want to keep Japanese products out of the 
United States. It is in the interest of neither the United States nor 
Japan to arbitrarily restrict market access for friends and close 
partners. We are both with Japan. Trade between the United States and 
Japan should be conducted with mutual respect and based on sound 
science, something we haven't seen from Japan in this area in the last 
7 years. My resolution does say that both Japan and the United States 
should comply with science-based standards. It also states the Obama 
administration should insist on increased access for U.S. beef and beef 
products to Japan.
  Very simply, it is time for fair treatment from our friends in Japan. 
I will continue to press this issue. I ask my colleagues to join me in 
supporting a resolution that basically says trade should be fair.

                          ____________________




 SENATE RESOLUTION 453--SUPPORTING THE GOALS AND IDEALS OF ``NATIONAL 
                          PUBLIC HEALTH WEEK''

  Mr. UDALL of New Mexico (for himself, Mr. Brown of Ohio, Mr. Burris, 
Mr. Wyden, Mr. Akaka, Mr. Menendez, Mr. Tester, Mr. Begich, Mr. Durbin, 
and Mr. Merkley) submitted the following resolution; which was referred 
to the Committee on Health, Education, Labor, and Pensions:

                              S. Res. 453

       Whereas the week of April 5 through 11, 2010, is ``National 
     Public Health Week'';
       Whereas the theme of ``National Public Health Week'' is ``A 
     Healthier America: One Community at a Time'';
       Whereas the United States spends more on health care than 
     any other country in the world, but an estimated 47,000,000 
     people in the United States do not have health insurance and 
     millions more do not have access to life-saving clinical 
     preventive services;
       Whereas millions of people in the United States do not have 
     access to cost-effective, community-based preventive 
     services;
       Whereas many of the illnesses that are caused by tobacco 
     use, poor diet, physical inactivity, and alcohol consumption 
     are potentially preventable;
       Whereas many neighborhoods lack access to safe walkways and 
     bikeways, are inaccessible by public transportation, and are 
     too far from offices, schools, health providers, and grocery 
     stores to walk;
       Whereas studies have shown that 10,500,000 cases of 
     infectious disease and 33,000 deaths can be prevented in the 
     United States by the standard childhood immunization series;
       Whereas public health professionals and lawmakers are 
     working to enact a health reform bill that emphasizes 
     prevention and supports a strong public health 
     infrastructure, despite challenges; and
       Whereas a change in individual communities will improve the 
     health of the people of the United States: Now, therefore, be 
     it
       Resolved, That the Senate--
       (1) supports the goals and ideals of ``National Public 
     Health Week'';
       (2) recognizes the efforts of public health professionals, 
     the Federal Government, States, municipalities, local 
     communities, and individuals in improving the health of the 
     people of the United States;
       (3) recognizes the role of public health programs in 
     preventing disease, promoting good health, protecting the 
     food supply, protecting worker health and safety, ensuring 
     access to clean air and water, promoting nutrition for 
     children, and achieving the many other benefits of public 
     health programs that promote the health of the people of the 
     United States;
       (4) encourages efforts to increase access to both clinical 
     and community-based preventive services and to strengthen the 
     public health system of the United States to improve the 
     health of the people of the United States;
       (5) encourages community planners to consider the health 
     implications of planning decisions and to plan communities 
     and transportation systems that enable all residents to 
     access safe, affordable housing, nutritious foods, clean air 
     and water, public transportation, safe sidewalks, safe 
     streets, and public health services; and
       (6) encourages each person in the United States to learn 
     about the role of public health programs in improving the 
     health of the people of the United States.

  Mr. UDALL of New Mexico. Mr. President, I rise to ask the U.S. Senate 
to resolve that April 5th-11th be known as National Public Health Week 
2010. I submit this resolution along with my colleagues Senators Akaka, 
Begich, Sherrod Brown, Burris, Durbin,

[[Page 3232]]

Menendez, Tester, Wyden, and Berkley.
  Since 1995, we have recognized the first week in April as National 
Public Health Week in order to help focus the efforts of hundreds of 
thousands of public health professionals and organizations to educate 
the public, policymakers, and practitioners about the importance of 
public health.
  This year's theme is ``A Healthier America: One Community at a 
Time.'' This is especially timely since I hope that we sill soon pass 
comprehensive health care reform and because for the first time, the 
next generation is not expected to be healthier that the previous one. 
This is also consistent with the First Lady Michelle Obama's efforts to 
reduce child obesity.
  Our Nation's health is in poor shape. Despite spending more money on 
health care than any other country, more than 47 million Americans 
still do not have health insurance, nearly 900,000 people die from 
deaths that can be prevented each year, and we lag far behind the rest 
of the developed world in preventing obesity, HIV/AIDS infections, and 
many other diseases.
  During this week, public health workers across the country will be 
focusing on how to more fully and effectively achieve a healthier 
Nation. They will be addressing the underlying social and economic 
conditions that encourage individuals and communities to be healthy, as 
well as shifting us from a Nation solely focused on treating individual 
illness to one that also promotes population-based health services that 
encourage preventive and early intervention practices.
  For example, public health and prevention strategies from the 
foundation for health system reform. Community-level intervention has 
more positive health impact on people than individual interventions 
alone. Population-based programs address main causes of disease, 
disability and health disparities for a wide range of people and can 
help achieve increased value for our health dollar.
  During National Public Health Week, Americans will be asked to 
champion public health by making healthy changes--big and small--in 
their families, individual neighborhoods, workplaces and schools.
  I wish to thank the American Public Health Association for leading 
this effort and the National Association of County and City Health 
Officials, Council of State and Territorial Epidemiologists, and 
Partnership for Prevention for endorsing this recognition, and helping 
us highlight the importance of strengthening our public health system 
and encouraging Americans to value public health and take part in 
preventing disease and building healthier communities.

                          ____________________




                   AMENDMENTS SUBMITTED AND PROPOSED

       SA 3466. Mr. KAUFMAN (for Mr. Dodd) proposed an amendment 
     to the bill H.R. 2194, to amend the Iran Sanctions Act of 
     1996 to enhance United States diplomatic efforts with respect 
     to Iran by expanding economic sanctions against Iran.
       SA 3467. Mr. REID (for himself and Mr. Ensign) submitted an 
     amendment intended to be proposed to amendment SA 3452 
     proposed by Mr. Rockefeller to the bill H.R. 1586, to impose 
     an additional tax on bonuses received from certain TARP 
     recipients; which was ordered to lie on the table.
       SA 3468. Mr. REID submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3469. Mr. REID submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3470. Mr. FEINGOLD (for himself, Mr. Coburn, Mr. Brown, 
     of Ohio, and Mr. McCain) submitted an amendment intended to 
     be proposed to amendment SA 3452 proposed by Mr. Rockefeller 
     to the bill H.R. 1586, supra.
       SA 3471. Mrs. HUTCHISON submitted an amendment intended to 
     be proposed by her to the bill H.R. 1586, supra; which was 
     ordered to lie on the table.
       SA 3472. Mr. McCAIN submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3473. Mr. LAUTENBERG submitted an amendment intended to 
     be proposed to amendment SA 3452 proposed by Mr. Rockefeller 
     to the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3474. Mr. BARRASSO submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3475. Mr. McCAIN (for himself and Mr. Bayh) submitted an 
     amendment intended to be proposed by him to the bill H.R. 
     1586, supra; which was ordered to lie on the table.
       SA 3476. Mr. ENSIGN (for himself, Mr. Kyl, Mr. McCain, and 
     Mr. Coburn) submitted an amendment intended to be proposed to 
     amendment SA 3452 proposed by Mr. Rockefeller to the bill 
     H.R. 1586, supra; which was ordered to lie on the table.
       SA 3477. Ms. CANTWELL (for herself and Mrs. Murray) 
     submitted an amendment intended to be proposed to amendment 
     SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
     supra; which was ordered to lie on the table.
       SA 3478. Mr. SCHUMER submitted an amendment intended to be 
     proposed by him to the bill H.R. 1586, supra; which was 
     ordered to lie on the table.
       SA 3479. Mr. NELSON, of Florida submitted an amendment 
     intended to be proposed by him to the bill H.R. 1586, supra; 
     which was ordered to lie on the table.
       SA 3480. Mr. SCHUMER (for himself and Mr. Nelson, of 
     Florida) submitted an amendment intended to be proposed to 
     amendment SA 3452 proposed by Mr. Rockefeller to the bill 
     H.R. 1586, supra; which was ordered to lie on the table.
       SA 3481. Mrs. HUTCHISON submitted an amendment intended to 
     be proposed by her to the bill H.R. 1586, supra; which was 
     ordered to lie on the table.
       SA 3482. Mr. DURBIN submitted an amendment intended to be 
     proposed by him to the bill H.R. 1586, supra; which was 
     ordered to lie on the table.
       SA 3483. Mr. DURBIN submitted an amendment intended to be 
     proposed by him to the bill H.R. 1586, supra; which was 
     ordered to lie on the table.
       SA 3484. Mr. LAUTENBERG submitted an amendment intended to 
     be proposed by him to the bill H.R. 1586, supra; which was 
     ordered to lie on the table.
       SA 3485. Mr. SPECTER submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3486. Mr. SCHUMER submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3487. Mr. BINGAMAN (for himself, Ms. Snowe, Mr. Harkin, 
     Mr. Conrad, and Mr. Burris) submitted an amendment intended 
     to be proposed to amendment SA 3452 proposed by Mr. 
     Rockefeller to the bill H.R. 1586, supra; which was ordered 
     to lie on the table.
       SA 3488. Mr. WARNER submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3489. Mr. WARNER (for himself and Mr. Webb) submitted an 
     amendment intended to be proposed to amendment SA 3452 
     proposed by Mr. Rockefeller to the bill H.R. 1586, supra; 
     which was ordered to lie on the table.
       SA 3490. Mr. WARNER (for himself and Mr. Webb) submitted an 
     amendment intended to be proposed by him to the bill H.R. 
     1586, supra; which was ordered to lie on the table.
       SA 3491. Mr. BEGICH submitted an amendment intended to be 
     proposed by him to the bill H.R. 1586, supra; which was 
     ordered to lie on the table.
       SA 3492. Mr. BEGICH (for himself and Ms. Murkowski) 
     submitted an amendment intended to be proposed to amendment 
     SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
     supra; which was ordered to lie on the table.
       SA 3493. Ms. CANTWELL submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3494. Mr. WICKER submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3495. Mr. BENNETT (for himself, Mr. Brownback, and Mr. 
     Wicker) submitted an amendment intended to be proposed by him 
     to the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3496. Mr. CARDIN (for himself and Ms. Landrieu) 
     submitted an amendment intended to be proposed to amendment 
     SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
     supra; which was ordered to lie on the table.
       SA 3497. Mr. CARDIN submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3498. Mr. DURBIN proposed an amendment to the bill H.R. 
     2847, making appropriations for the Departments of Commerce 
     and Justice, and Science, and Related Agencies for the fiscal 
     year ending September 30, 2010, and for other purposes.

[[Page 3233]]

       SA 3499. Mr. DURBIN proposed an amendment to amendment SA 
     3498 proposed by Mr. Durbin to the bill H.R. 2847, supra.
       SA 3500. Mr. DURBIN proposed an amendment to the bill H.R. 
     2847, supra.
       SA 3501. Mr. DURBIN proposed an amendment to the bill H.R. 
     2847, supra.
       SA 3502. Mr. DURBIN proposed an amendment to amendment SA 
     3501 proposed by Mr. Durbin to the bill H.R. 2847, supra.
       SA 3503. Mr. MENENDEZ (for himself, Mr. Schumer, Mrs. 
     Gillibrand, and Mr. Lautenberg) submitted an amendment 
     intended to be proposed to amendment SA 3452 proposed by Mr. 
     Rockefeller to the bill H.R. 1586, to impose an additional 
     tax on bonuses received from certain TARP recipients; which 
     was ordered to lie on the table.
       SA 3504. Mr. MENENDEZ submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3505. Mr. MENENDEZ submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3506. Mr. MENENDEZ (for himself and Mr. Schumer) 
     submitted an amendment intended to be proposed to amendment 
     SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
     supra; which was ordered to lie on the table.
       SA 3507. Mr. JOHANNS submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3508. Mr. JOHANNS submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3509. Mr. JOHANNS submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3510. Mr. JOHANNS submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3511. Ms. CANTWELL submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3512. Ms. CANTWELL submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.
       SA 3513. Mr. JOHANNS submitted an amendment intended to be 
     proposed to amendment SA 3452 proposed by Mr. Rockefeller to 
     the bill H.R. 1586, supra; which was ordered to lie on the 
     table.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 3466. Mr. KAUFMAN (for Mr. Dodd) proposed an amendment to the bill 
H.R. 2194, to amend the Iran Sanctions Act of 1996 to enhance United 
States diplomatic efforts with respect to Iran by expanding economic 
sanctions against Iran; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Comprehensive Iran Sanctions, Accountability, and 
     Divestment Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress regarding illicit nuclear activities and 
              violations of human rights in Iran.

                           TITLE I--SANCTIONS

Sec. 101. Definitions.
Sec. 102. Expansion of sanctions under the Iran Sanctions Act of 1996.
Sec. 103. Economic sanctions relating to Iran.
Sec. 104. Liability of parent companies for violations of sanctions by 
              foreign subsidiaries.
Sec. 105. Prohibition on procurement contracts with persons that export 
              sensitive technology to Iran.
Sec. 106. Increased capacity for efforts to combat unlawful or 
              terrorist financing.
Sec. 107. Reporting requirements.
Sec. 108. Sense of Congress regarding the imposition of sanctions on 
              the Central Bank of Iran.
Sec. 109. Policy of the United States regarding Iran's Revolutionary 
              Guard Corps and its affiliates.
Sec. 110. Policy of the United States with respect to Iran and 
              Hezbollah.
Sec. 111. Sense of Congress regarding the imposition of multilateral 
              sanctions with respect to Iran.

    TITLE II--DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN

Sec. 201. Definitions.
Sec. 202. Authority of State and local governments to divest from 
              certain companies that invest in Iran.
Sec. 203. Safe harbor for changes of investment policies by asset 
              managers.
Sec. 204. Sense of Congress regarding certain ERISA plan investments.

TITLE III--PREVENTION OF TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF 
                        SENSITIVE ITEMS TO IRAN

Sec. 301. Definitions.
Sec. 302. Identification of locations of concern with respect to 
              transshipment, reexportation, or diversion of certain 
              items to Iran.
Sec. 303. Destinations of Possible Diversion Concern and Destinations 
              of Diversion Concern.
Sec. 304. Report on expanding diversion concern system to countries 
              other than Iran.

                    TITLE IV--EFFECTIVE DATE; SUNSET

Sec. 401. Effective date; sunset.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The illicit nuclear activities of the Government of 
     Iran and its support for international terrorism represent 
     threats to the security of the United States, its strong ally 
     Israel, and other allies of the United States around the 
     world.
       (2) The United States and other responsible countries have 
     a vital interest in working together to prevent the 
     Government of Iran from acquiring a nuclear weapons 
     capability.
       (3) The International Atomic Energy Agency has repeatedly 
     called attention to Iran's illicit nuclear activities and, as 
     a result, the United Nations Security Council has adopted a 
     range of sanctions designed to encourage the Government of 
     Iran to cease those activities and comply with its 
     obligations under the Treaty on Non-Proliferation of Nuclear 
     Weapons, done at Washington, London, and Moscow July 1, 1968, 
     and entered into force March 5, 1970 (commonly known as the 
     ``Nuclear Non-Proliferation Treaty'').
       (4) The serious and urgent nature of the threat from Iran 
     demands that the United States work together with its allies 
     to prevent Iran from acquiring a nuclear weapons capability.
       (5) The United States and its major European allies, 
     including the United Kingdom, France, and Germany, have 
     advocated that sanctions be strengthened should international 
     diplomatic efforts fail to achieve verifiable suspension of 
     Iran's uranium enrichment program and an end to its illicit 
     nuclear activities.
       (6) There is an increasing interest by States, local 
     governments, educational institutions, and private 
     institutions to seek to disassociate themselves from 
     companies that conduct business activities in the energy 
     sector of Iran, since such business activities may directly 
     or indirectly support the efforts of the Government of Iran 
     to achieve a nuclear weapons capability.
       (7) Black market proliferation networks continue to 
     flourish in the Middle East, allowing countries like Iran to 
     gain access to sensitive dual-use technologies.
       (8) The Government of Iran continues to engage in serious, 
     systematic, and ongoing violations of human rights and 
     religious freedom, including illegitimate prolonged 
     detention, torture, and executions. Such violations have 
     increased in the aftermath of the presidential election in 
     Iran on June 12, 2009.

     SEC. 3. SENSE OF CONGRESS REGARDING ILLICIT NUCLEAR 
                   ACTIVITIES AND VIOLATIONS OF HUMAN RIGHTS IN 
                   IRAN.

       It is the sense of Congress that--
       (1) international diplomatic efforts to address Iran's 
     illicit nuclear efforts and support for international 
     terrorism are more likely to be effective if the President is 
     empowered with the explicit authority to impose additional 
     sanctions on the Government of Iran;
       (2) additional measures should be adopted by the United 
     States to prevent the diversion and transshipment of 
     sensitive dual-use technologies to Iran;
       (3) the concerns of the United States regarding Iran are 
     strictly the result of the actions of the Government of Iran;
       (4) the people of the United States--
       (A) have a long history of friendship and exchange with the 
     people of Iran;
       (B) regret that developments in recent decades have created 
     impediments to that friendship;
       (C) hold the people of Iran, their culture, and their 
     ancient and rich history in the highest esteem; and
       (D) remain deeply concerned about continuing human rights 
     abuses in Iran;
       (5) the President should--
       (A) continue to press the Government of Iran to respect the 
     internationally recognized human rights and religious 
     freedoms of its citizens;
       (B) identify the officials of the Government of Iran that 
     are responsible for continuing and severe violations of human 
     rights and religious freedom in Iran; and
       (C) take appropriate measures to respond to such 
     violations, including by--
       (i) prohibiting officials the President identifies as being 
     responsible for such violations from entry into the United 
     States; and
       (ii) freezing the assets of those officials; and
       (6) additional funding should be provided to the Secretary 
     of State to document, collect,

[[Page 3234]]

     and disseminate information about human rights abuses in 
     Iran, including serious abuses that have taken place since 
     the presidential election in Iran conducted on June 12, 2009.

                           TITLE I--SANCTIONS

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given that term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given that term in section 14(2) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (3) Executive agency.--The term ``executive agency'' has 
     the meaning given that term in section 4 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403).
       (4) Family member.--The term ``family member'' means, with 
     respect to an individual, the spouse, children, 
     grandchildren, or parents of the individual.
       (5) Information and informational materials.--The term 
     ``information and informational materials'' includes 
     publications, films, posters, phonograph records, 
     photographs, microfilms, microfiche, tapes, compact disks, CD 
     ROMs, artworks, and news wire feeds.
       (6) Investment.--The term ``investment'' has the meaning 
     given that term in section 14(9) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (7) Iranian diplomats and representatives of other 
     government and military or quasi-governmental institutions of 
     iran.--The term ``Iranian diplomats and representatives of 
     other government and military or quasi-governmental 
     institutions of Iran'' has the meaning given that term in 
     section 14(11) of the Iran Sanctions Act of 1996 (Public Law 
     104-172; 50 U.S.C. 1701 note).
       (8) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (9) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).

     SEC. 102. EXPANSION OF SANCTIONS UNDER THE IRAN SANCTIONS ACT 
                   OF 1996.

       (a) In General.--Section 5 of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended by 
     striking subsection (a) and inserting the following:
       ``(a) Sanctions With Respect to the Development of 
     Petroleum Resources of Iran, Production of Refined Petroleum 
     Products in Iran, and Exportation of Refined Petroleum 
     Products to Iran.--
       ``(1) Development of petroleum resources of iran.--
       ``(A) In general.--Except as provided in subsection (f), 
     the President shall impose 2 or more of the sanctions 
     described in paragraphs (1) through (6) of section 6(a) with 
     respect to a person if the President determines that the 
     person, with actual knowledge, on or after the effective date 
     of the Comprehensive Iran Sanctions, Accountability, and 
     Divestment Act of 2009--
       ``(i) makes an investment described in subparagraph (B) of 
     $20,000,000 or more; or
       ``(ii) makes a combination of investments described in 
     subparagraph (B) in a 12-month period if each such investment 
     is at least $5,000,000 and such investments equal or exceed 
     $20,000,000 in the aggregate.
       ``(B) Investment described.--An investment described in 
     this subparagraph is an investment that directly and 
     significantly contributes to the enhancement of Iran's 
     ability to develop petroleum resources.
       ``(2) Production of refined petroleum products.--
       ``(A) In general.--Except as provided in subsection (f), 
     the President shall impose the sanctions described in section 
     6(b) (in addition to any other sanctions imposed under this 
     subsection) with respect to a person if the President 
     determines that the person, with actual knowledge, on or 
     after the effective date of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2009, sells, leases, or 
     provides to Iran any goods, services, technology, 
     information, or support described in subparagraph (B)--
       ``(i) any of which has a fair market value of $200,000 or 
     more; or
       ``(ii) that, during a 12-month period, have an aggregate 
     fair market value of $1,000,000 or more.
       ``(B) Goods, services, technology, information, or support 
     described.--Goods, services, technology, information, or 
     support described in this subparagraph are goods, services, 
     technology, information, or support that could directly and 
     significantly facilitate the maintenance or expansion of 
     Iran's domestic production of refined petroleum products, 
     including any assistance with respect to construction, 
     modernization, or repair of petroleum refineries.
       ``(3) Exportation of refined petroleum products to iran.--
       ``(A) In general.--Except as provided in subsection (f), 
     the President shall impose the sanctions described in section 
     6(b) (in addition to any other sanctions imposed under this 
     subsection) with respect to a person if the President 
     determines that the person, with actual knowledge, on or 
     after the effective date of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2009--
       ``(i) provides Iran with refined petroleum products--

       ``(I) that have a fair market value of $200,000 or more; or
       ``(II) that, during a 12-month period, have an aggregate 
     fair market value of $1,000,000 or more; or

       ``(ii) sells, leases, or provides to Iran any goods, 
     services, technology, information, or support described in 
     subparagraph (B)--

       ``(I) any of which has a fair market value of $200,000 or 
     more; or
       ``(II) that, during a 12-month period, have an aggregate 
     fair market value of $1,000,000 or more.

       ``(B) Goods, services, technology, information, or support 
     described.--Goods, services, technology, information, or 
     support described in this subparagraph are goods, services, 
     technology, or support that could directly and significantly 
     contribute to the enhancement of Iran's ability to import 
     refined petroleum products, including--
       ``(i) underwriting or otherwise providing insurance or 
     reinsurance for the sale, lease, or provision of such goods, 
     services, technology, information, or support;
       ``(ii) financing or brokering such sale, lease, or 
     provision; or
       ``(iii) providing ships or shipping services to deliver 
     refined petroleum products to Iran.''.
       (b) Description of Sanctions.--Section 6 of such Act is 
     amended--
       (1) by striking ``The sanctions to be imposed on a 
     sanctioned person under section 5 are as follows:'' and 
     inserting the following:
       ``(a) In General.--The sanctions to be imposed on a 
     sanctioned person under subsections (a)(1) and (b) of section 
     5 are as follows:''; and
       (2) by adding at the end the following:
       ``(b) Additional Sanctions.--The sanctions to be imposed on 
     a sanctioned person under paragraphs (2) and (3) of section 
     5(a) are as follows:
       ``(1) Foreign exchange.--The President shall, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transactions in foreign exchange by the sanctioned person.
       ``(2) Banking transactions.--The President shall, pursuant 
     to such regulations as the President may prescribe, prohibit 
     any transfers of credit or payments between, by, through, or 
     to any financial institution, to the extent that such 
     transfers or payments involve any interest of the sanctioned 
     person.
       ``(3) Property transactions.--The President shall, pursuant 
     to such regulations as the President may prescribe and 
     subject to the jurisdiction of the United States, prohibit 
     any person from--
       ``(A) acquiring, holding, withholding, using, transferring, 
     withdrawing, transporting, importing, or exporting any 
     property with respect to which the sanctioned person has any 
     interest;
       ``(B) dealing in or exercising any right, power, or 
     privilege with respect to such property; or
       ``(C) conducting any transactions involving such 
     property.''.
       (c) Report Relating to Presidential Waiver.--Section 
     9(c)(2) of such Act is amended by striking subparagraph (C) 
     and inserting the following:
       ``(C) an estimate of the significance of the conduct of the 
     person in contributing to the ability of Iran to, as the case 
     may be--
       ``(i) develop petroleum resources, produce refined 
     petroleum products, or import refined petroleum products; or
       ``(ii) acquire or develop--

       ``(I) chemical, biological, or nuclear weapons or related 
     technologies; or
       ``(II) destabilizing numbers and types of advanced 
     conventional weapons; and''.

       (d) Clarification and Expansion of Definitions.--Section 14 
     of such Act is amended--
       (1) in paragraph (13)(B)--
       (A) by inserting ``financial institution, insurer, 
     underwriter, guarantor, and any other business organization, 
     including any foreign subsidiary, parent, or affiliate 
     thereof,'' after ``trust,''; and
       (B) by inserting ``, such as an export credit agency'' 
     before the semicolon at the end;
       (2) in paragraph (14), by striking ``petroleum and natural 
     gas resources'' and inserting ``petroleum, refined petroleum 
     products, oil or liquefied natural gas, natural gas 
     resources, oil or liquefied natural gas tankers, and products 
     used to construct or maintain pipelines used to transport oil 
     or liquefied natural gas'';
       (3) by redesignating paragraphs (15) and (16) as paragraphs 
     (16) and (17), respectively; and
       (4) by inserting after paragraph (14) the following:
       ``(15) Refined petroleum products.--The term `refined 
     petroleum products' means diesel, gasoline, jet fuel 
     (including naphtha-type and kerosene-type jet fuel), and 
     aviation gasoline.''.
       (e) Conforming Amendment.--Section 4 of such Act is 
     amended--
       (1) in subsection (b)(2), by striking ``(in addition to 
     that provided in subsection (d))'';

[[Page 3235]]

       (2) by striking subsection (d); and
       (3) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.

     SEC. 103. ECONOMIC SANCTIONS RELATING TO IRAN.

       (a) In General.--Notwithstanding any other provision of 
     law, and in addition to any other sanction in effect, 
     beginning on the date that is 15 days after the effective 
     date of this Act, the economic sanctions described in 
     subsection (b) shall apply with respect to Iran.
       (b) Sanctions.--The sanctions described in this subsection 
     are the following:
       (1) Prohibition on imports.--
       (A) In general.--Except as provided in subparagraph (B), no 
     article of Iranian origin may be imported directly or 
     indirectly into the United States.
       (B) Exception.--The prohibition in subparagraph (A) does 
     not apply to imports from Iran of information and 
     informational materials.
       (2) Prohibition on exports.--
       (A) In general.--Except as provided in subparagraph (B), no 
     article of United States origin may be exported directly or 
     indirectly to Iran.
       (B) Exceptions.--The prohibition in subparagraph (A) does 
     not apply to exports to Iran of--
       (i) agricultural commodities, food, medicine, or medical 
     devices;
       (ii) articles exported to Iran to provide humanitarian 
     assistance to the people of Iran;
       (iii) except as provided in subparagraph (C), information 
     or informational materials;
       (iv) goods, services, or technologies necessary to ensure 
     the safe operation of commercial passenger aircraft produced 
     in the United States if the exportation of such goods, 
     services, or technologies is approved by the Secretary of the 
     Treasury, in consultation with the Secretary of Commerce, 
     pursuant to regulations promulgated by the Secretary of the 
     Treasury regarding the exportation of such goods, services, 
     or technologies, if appropriate; or
       (v) goods, services, or technologies that--

       (I) are provided to the International Atomic Energy Agency 
     and are necessary to support activities of that Agency in 
     Iran;
       (II) are necessary to support activities, including the 
     activities of nongovernmental organizations, relating to 
     promoting democracy in Iran; or
       (III) the President determines to be necessary to the 
     national interest of the United States.

       (C) Special rule with respect to information and 
     informational materials.--Notwithstanding subparagraph 
     (B)(iii), information and informational materials of United 
     States origin may not be exported directly or indirectly to 
     Iran--
       (i) if the exportation of such information or informational 
     materials is otherwise controlled--

       (I) under section 5 of the Export Administration Act of 
     1979 (50 U.S.C. App. 2404) (as in effect pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.)); or
       (II) under section 6 of that Act (50 U.S.C. App. 2405), to 
     the extent that such controls promote the nonproliferation or 
     antiterrorism policies of the United States; or

       (ii) if such information or informational materials are 
     information or informational materials with respect to which 
     acts are prohibited by chapter 37 of title 18, United States 
     Code.
       (3) Freezing assets.--
       (A) In general.--At such time as the United States has 
     access to the names of persons in Iran, including Iranian 
     diplomats and representatives of other government and 
     military or quasi-governmental institutions of Iran 
     (including Iran's Revolutionary Guard Corps and its 
     affiliates), that satisfy the criteria for designation with 
     respect to the imposition of sanctions under the authority of 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.) or are otherwise subject to sanctions under any 
     other provision of law, the President shall take such action 
     as may be necessary to freeze, as soon as possible, the funds 
     and other assets belonging to anyone so named and any family 
     members or associates of those so named to whom assets or 
     property of those so named were transferred on or after 
     January 1, 2009. The action described in the preceding 
     sentence includes requiring any United States financial 
     institution that holds funds and assets of a person so named 
     to report promptly to the Office of Foreign Assets Control 
     information regarding such funds and assets.
       (B) Asset reporting requirement.--Not later than 14 days 
     after a decision is made to freeze the property or assets of 
     any person under this paragraph, the President shall report 
     the name of such person to the appropriate congressional 
     committees. Such a report may contain a classified annex.
       (4) United states government contracts.--The head of an 
     executive agency may not procure, or enter into a contract 
     for the procurement of, any goods or services from a person 
     that meets the criteria for the imposition of sanctions under 
     section 5 of the Iran Sanctions Act of 1996 (Public Law 104-
     172; 50 U.S.C. 1701 note).
       (c) Waiver.--The President may waive the application of the 
     sanctions described in subsection (b) if the President--
       (1) determines that such a waiver is in the national 
     interest of the United States; and
       (2) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.

     SEC. 104. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF 
                   SANCTIONS BY FOREIGN SUBSIDIARIES.

       (a) Definitions.--In this section:
       (1) Entity.--The term ``entity'' means a partnership, 
     association, trust, joint venture, corporation, or other 
     organization.
       (2) Own or control.--The term ``own or control'' means, 
     with respect to an entity--
       (A) to hold more than 50 percent of the equity interest by 
     vote or value in the entity;
       (B) to hold a majority of seats on the board of directors 
     of the entity; or
       (C) to otherwise control the actions, policies, or 
     personnel decisions of the entity.
       (3) Subsidiary.--The term ``subsidiary'' means an entity 
     that is owned or controlled, directly or indirectly, by a 
     United States person.
       (4) United states person.--The term ``United States 
     person'' means--
       (A) a natural person who is a citizen, resident, or 
     national of the United States; and
       (B) an entity that is organized under the laws of the 
     United States, any State or territory thereof, or the 
     District of Columbia, if natural persons described in 
     subparagraph (A) own or control the entity.
       (b) In General.--A United States person shall be subject to 
     a penalty for a violation of the provisions of Executive 
     Order 12959 (50 U.S.C. 1701 note) or Executive Order 13059 
     (50 U.S.C. 1701 note), or any other prohibition on 
     transactions with respect to Iran imposed under the authority 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), if--
       (1) the President determines, pursuant to such regulations 
     as the President may prescribe, that the United States person 
     establishes or maintains a subsidiary outside of the United 
     States for the purpose of circumventing such provisions; and
       (2) that subsidiary engages in an act that, if committed in 
     the United States or by a United States person, would violate 
     such provisions.
       (c) Waiver.--The President may waive the application of 
     subsection (b) if the President--
       (1) determines that such a waiver is in the national 
     interest of the United States; and
       (2) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.
       (d) Effective Date.--
       (1) In general.--Subsection (b) shall take effect on the 
     date of the enactment of this Act and apply with respect to 
     acts described in subsection (b)(2) that are--
       (A) commenced on or after the date of the enactment of this 
     Act; or
       (B) except as provided in paragraph (2), commenced before 
     such date of enactment, if such acts continue on or after 
     such date of enactment.
       (2) Exception.--Subsection (b) shall not apply with respect 
     to an act described in paragraph (1)(B) by a subsidiary owned 
     or controlled by a United States person if the United States 
     person divests or terminates its business with the subsidiary 
     not later than 90 days after the date of the enactment of 
     this Act.

     SEC. 105. PROHIBITION ON PROCUREMENT CONTRACTS WITH PERSONS 
                   THAT EXPORT SENSITIVE TECHNOLOGY TO IRAN.

       (a) In General.--Notwithstanding any other provision of 
     law, and pursuant to such regulations as the President may 
     prescribe, the head of an executive agency may not enter into 
     or renew a contract for the procurement of goods or services 
     with a person that exports sensitive technology to Iran.
       (b) Waiver.--The President may waive the application of the 
     prohibition under subsection (a) if the President--
       (1) determines that such a waiver is in the national 
     interest of the United States; and
       (2) submits to Congress a report describing the reasons for 
     the determination.
       (c) Sensitive Technology Defined.--The term ``sensitive 
     technology'' means hardware, software, telecommunications 
     equipment, or any other technology that the President 
     determines is to be used specifically--
       (1) to restrict the free flow of unbiased information in 
     Iran; or
       (2) to disrupt, monitor, or otherwise restrict speech of 
     the people of Iran.

     SEC. 106. INCREASED CAPACITY FOR EFFORTS TO COMBAT UNLAWFUL 
                   OR TERRORIST FINANCING.

       (a) Finding.--Congress finds that the work of the Office of 
     Terrorism and Financial Intelligence of the Department of the 
     Treasury, which includes the Office of Foreign Assets Control 
     and the Financial Crimes Enforcement Network, is critical to 
     ensuring that the international financial system is not used 
     for purposes of supporting terrorism and developing weapons 
     of mass destruction.
       (b) Authorization of Appropriations for Office of Terrorism 
     and Financial Intelligence.--There are authorized to be 
     appropriated to the Secretary of the Treasury for the Office 
     of Terrorism and Financial Intelligence--

[[Page 3236]]

       (1) $64,611,000 for fiscal year 2010; and
       (2) such sums as may be necessary for each of the fiscal 
     years 2011 and 2012.
       (c) Authorization of Appropriations for the Financial 
     Crimes Enforcement Network.--Section 310(d)(1) of title 31, 
     United States Code, is amended by striking ``such sums as may 
     be necessary for fiscal years 2002, 2003, 2004, and 2005'' 
     and inserting ``$104,260,000 for fiscal year 2010 and such 
     sums as may be necessary for each of the fiscal years 2011 
     and 2012''.

     SEC. 107. REPORTING REQUIREMENTS.

       (a) Report on Investment and Activities That May Be 
     Sanctionable Under Iran Sanctions Act of 1996.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report containing--
       (A) a description of--
       (i) any foreign investments of $20,000,000 or more that 
     contribute directly and significantly to the enhancement of 
     Iran's ability to develop petroleum resources made during the 
     period described in paragraph (2);
       (ii) any sale, lease, or provision to Iran during the 
     period described in paragraph (2) of any goods, services, 
     technology, information, or support that would facilitate the 
     maintenance or expansion of Iran's domestic production of 
     refined petroleum products; and
       (iii) any refined petroleum products provided to Iran 
     during the period described in paragraph (2) and any other 
     activity that could contribute directly and significantly to 
     the enhancement of Iran's ability to import refined petroleum 
     products during that period;
       (B) with respect to each investment or other activity 
     described in subparagraph (A), an identification of--
       (i) the date or dates of the investment or activity;
       (ii) the steps taken by the United States to respond to the 
     investment or activity;
       (iii) the name and United States domiciliary of any person 
     that participated or invested in or facilitated the 
     investment or activity; and
       (iv) any Federal Government contracts to which any person 
     referred to in clause (iii) are parties; and
       (C) the determination of the President with respect to 
     whether each such investment or activity qualifies as a 
     sanctionable offense under section 5(a) of the Iran Sanctions 
     Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (2) Period described.--The period described in this 
     paragraph is the period beginning on January 1, 2009, and 
     ending on the date on which the President submits the report 
     under paragraph (1).
       (b) Subsequent Reports.--Not later than 1 year after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the President shall submit to the appropriate 
     congressional committees an updated version of the report 
     required under subsection (a) that contains the information 
     required under that subsection for the 180-day period 
     preceding the submission of the updated report.
       (c) Form of Reports; Publication.--A report submitted under 
     subsection (a) or (b) shall be submitted in unclassified 
     form, but may contain a classified annex. The unclassified 
     portion of the report shall be published in the Federal 
     Register.

     SEC. 108. SENSE OF CONGRESS REGARDING THE IMPOSITION OF 
                   SANCTIONS ON THE CENTRAL BANK OF IRAN.

       Congress urges the President, in the strongest terms, to 
     consider immediately using the authority of the President to 
     impose sanctions on the Central Bank of Iran and any other 
     Iranian bank engaged in proliferation activities or support 
     of terrorist groups.

     SEC. 109. POLICY OF THE UNITED STATES REGARDING IRAN'S 
                   REVOLUTIONARY GUARD CORPS AND ITS AFFILIATES.

       It is the sense of Congress that the United States should--
       (1) continue to target Iran's Revolutionary Guard Corps 
     persistently with economic sanctions for its support for 
     terrorism, its role in proliferation, and its oppressive 
     activities against the people of Iran; and
       (2) impose sanctions, including travel restrictions, 
     sanctions authorized pursuant to this Act, and the full range 
     of sanctions available to the President under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.), on--
       (A) any foreign individual or entity that is an agent, 
     alias, front, instrumentality, official, or affiliate of 
     Iran's Revolutionary Guard Corps and is designated for the 
     imposition of sanctions by the President;
       (B) any individual or entity who--
       (i) has provided material support to Iran's Revolutionary 
     Guard Corps or any of its affiliates designated for the 
     imposition of sanctions by the President; or
       (ii) has conducted any financial or commercial transaction 
     with Iran's Revolutionary Guard Corps or any of its 
     affiliates so designated; and
       (C) any foreign government found--
       (i) to be providing material support to Iran's 
     Revolutionary Guard Corps or any of its affiliates designated 
     for the imposition of sanctions by the President; or
       (ii) to have conducted any commercial transaction or 
     financial transaction with Iran's Revolutionary Guard Corps 
     or any of its affiliates so designated.

     SEC. 110. POLICY OF THE UNITED STATES WITH RESPECT TO IRAN 
                   AND HEZBOLLAH.

       It is the sense of Congress that the United States should--
       (1) continue to counter support received by Hezbollah from 
     the Government of Iran and other foreign governments in 
     response to Hezbollah's terrorist activities and the threat 
     Hezbollah poses to Israel, the democratic sovereignty of 
     Lebanon, and the national security interests of the United 
     States;
       (2) impose the full range of sanctions available to the 
     President under the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.) on Hezbollah, its designated 
     affiliates and supporters, and persons providing Hezbollah 
     with commercial, financial, or other services;
       (3) urge the European Union, individual countries in 
     Europe, and other countries to classify Hezbollah as a 
     terrorist organization to facilitate the disruption of 
     Hezbollah's operations; and
       (4) renew international efforts to disarm Hezbollah and 
     disband its militias in Lebanon, as called for by United 
     Nations Security Council Resolutions 1559 (2004) and 1701 
     (2006).

     SEC. 111. SENSE OF CONGRESS REGARDING THE IMPOSITION OF 
                   MULTILATERAL SANCTIONS WITH RESPECT TO IRAN.

       It is the sense of Congress that--
       (1) in general, multilateral sanctions are more effective 
     than unilateral sanctions at achieving desired results from 
     countries such as Iran;
       (2) the President should continue to work with allies of 
     the United States to impose such sanctions as may be 
     necessary to prevent the Government of Iran from acquiring a 
     nuclear weapons capability; and
       (3) the United States should continue to consult with the 5 
     permanent members of the United Nations Security Council and 
     Germany (commonly referred to as the ``P5-plus-1'') and other 
     interested countries regarding imposing new sanctions with 
     respect to Iran in the event that diplomatic efforts to 
     prevent Iran from acquiring a nuclear weapons capability 
     fail.

    TITLE II--DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Energy sector.--The term ``energy sector'' refers to 
     activities to develop petroleum or natural gas resources or 
     nuclear power.
       (2) Financial institution.--The term ``financial 
     institution'' has the meaning given that term in section 
     14(5) of the Iran Sanctions Act of 1996 (Public Law 104-172; 
     50 U.S.C. 1701 note).
       (3) Iran.--The term ``Iran'' includes any agency or 
     instrumentality of Iran.
       (4) Person.--The term ``person'' means--
       (A) a natural person, corporation, company, business 
     association, partnership, society, trust, or any other 
     nongovernmental entity, organization, or group;
       (B) any governmental entity or instrumentality of a 
     government, including a multilateral development institution 
     (as defined in section 1701(c)(3) of the International 
     Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
       (C) any successor, subunit, parent company, or subsidiary 
     of any entity described in subparagraph (A) or (B).
       (5) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     and the Commonwealth of the Northern Mariana Islands.
       (6) State or local government.--The term ``State or local 
     government'' includes--
       (A) any State and any agency or instrumentality thereof;
       (B) any local government within a State, and any agency or 
     instrumentality thereof;
       (C) any other governmental instrumentality; and
       (D) any public institution of higher education within the 
     meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 
     et seq.).

     SEC. 202. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST 
                   FROM CERTAIN COMPANIES THAT INVEST IN IRAN.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States Government should support the decision of 
     any State or local government that for moral, prudential, or 
     reputational reasons divests from, or prohibits the 
     investment of assets of the State or local government in, a 
     person that engages in investment activities in the energy 
     sector of Iran, as long as that country is subject to 
     economic sanctions imposed by the United States.
       (b) Authority To Divest.--Notwithstanding any other 
     provision of law, a State or local government may adopt and 
     enforce measures that meet the requirements of subsection (d) 
     to divest the assets of the State or local government from, 
     or prohibit investment of the assets of the State or local 
     government in, any person that the State or

[[Page 3237]]

     local government determines, using credible information 
     available to the public, engages in investment activities in 
     Iran described in subsection (c).
       (c) Investment Activities Described.--A person engages in 
     investment activities in Iran described in this subsection if 
     the person--
       (1) has an investment of $20,000,000 or more in the energy 
     sector of Iran, including in a person that provides oil or 
     liquified natural gas tankers, or products used to construct 
     or maintain pipelines used to transport oil or liquified 
     natural gas, for the energy sector in Iran; or
       (2) is a financial institution that extends $20,000,000 or 
     more in credit to another person, for 45 days or more, if 
     that person will use the credit to invest in the energy 
     sector in Iran.
       (d) Requirements.--Any measure taken by a State or local 
     government under subsection (b) shall meet the following 
     requirements:
       (1) Notice.--The State or local government shall provide 
     written notice to each person to which a measure is to be 
     applied.
       (2) Timing.--The measure shall apply to a person not 
     earlier than the date that is 90 days after the date on which 
     written notice is provided to the person under paragraph (1).
       (3) Opportunity for hearing.--The State or local government 
     shall provide an opportunity to comment in writing to each 
     person to which a measure is to be applied. If the person 
     demonstrates to the State or local government that the person 
     does not engage in investment activities in Iran described in 
     subsection (c), the measure shall not apply to the person.
       (4) Sense of congress on avoiding erroneous targeting.--It 
     is the sense of Congress that a State or local government 
     should not adopt a measure under subsection (b) with respect 
     to a person unless the State or local government has made 
     every effort to avoid erroneously targeting the person and 
     has verified that the person engages in investment activities 
     in Iran described in subsection (c).
       (e) Notice to Department of Justice.--Not later than 30 
     days after adopting a measure pursuant to subsection (b), a 
     State or local government shall submit written notice to the 
     Attorney General describing the measure.
       (f) Nonpreemption.--A measure of a State or local 
     government authorized under subsection (b) is not preempted 
     by any Federal law or regulation.
       (g) Definitions.--In this section:
       (1) Investment.--The ``investment'' of assets, with respect 
     to a State or local government, includes--
       (A) a commitment or contribution of assets;
       (B) a loan or other extension of credit; and
       (C) the entry into or renewal of a contract for goods or 
     services.
       (2) Assets.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``assets'' refers to public monies and includes any 
     pension, retirement, annuity, or endowment fund, or similar 
     instrument, that is controlled by a State or local 
     government.
       (B) Exception.--The term ``assets'' does not include 
     employee benefit plans covered by title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1001 et 
     seq.).
       (h) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), this 
     section applies to measures adopted by a State or local 
     government before, on, or after the date of the enactment of 
     this Act.
       (2) Notice requirements.--Subsections (d) and (e) apply to 
     measures adopted by a State or local government on or after 
     the date of the enactment of this Act.

     SEC. 203. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY 
                   ASSET MANAGERS.

       (a) In General.--Section 13(c)(1) of the Investment Company 
     Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended to read as 
     follows:
       ``(1) In general.--Notwithstanding any other provision of 
     Federal or State law, no person may bring any civil, 
     criminal, or administrative action against any registered 
     investment company, or any employee, officer, director, or 
     investment adviser thereof, based solely upon the investment 
     company divesting from, or avoiding investing in, securities 
     issued by persons that the investment company determines, 
     using credible information available to the public--
       ``(A) conduct or have direct investments in business 
     operations in Sudan described in section 3(d) of the Sudan 
     Accountability and Divestment Act of 2007 (50 U.S.C. 1701 
     note); or
       ``(B) engage in investment activities in Iran described in 
     section 202(c) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2009.''.
       (b) SEC Regulations.--Not later than 120 days after the 
     date of the enactment of this Act, the Securities and 
     Exchange Commission shall issue any revisions the Commission 
     determines to be necessary to the regulations requiring 
     disclosure by each registered investment company that divests 
     itself of securities in accordance with section 13(c) of the 
     Investment Company Act of 1940 to include divestments of 
     securities in accordance with paragraph (1)(B) of such 
     section, as added by subsection (a).

     SEC. 204. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN 
                   INVESTMENTS.

       It is the sense of Congress that a fiduciary of an employee 
     benefit plan, as defined in section 3(3) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), 
     may divest plan assets from, or avoid investing plan assets 
     in, any person the fiduciary determines engages in investment 
     activities in Iran described in section 202(c) of this Act, 
     without breaching the responsibilities, obligations, or 
     duties imposed upon the fiduciary by section 404 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1104), if--
       (1) the fiduciary makes such determination using credible 
     information that is available to the public; and
       (2) such divestment or avoidance of investment is conducted 
     in accordance with section 2509.08-1 of title 29, Code of 
     Federal Regulations (as in effect on the day before the date 
     of the enactment of this Act).

TITLE III--PREVENTION OF TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF 
                        SENSITIVE ITEMS TO IRAN

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, and the Select Committee 
     on Intelligence of the Senate; and
       (B) the Committee on Financial Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) End-user.--The term ``end-user'' means an end-user as 
     that term is used in the Export Administration Regulations.
       (3) Export administration regulations.--The term ``Export 
     Administration Regulations'' means subchapter C of chapter 
     VII of title 15, Code of Federal Regulations.
       (4) Government.--The term ``government'' includes any 
     agency or instrumentality of a government.
       (5) Iran.--The term ``Iran'' includes any agency or 
     instrumentality of Iran.
       (6) State sponsor of terrorism.--The term ``state sponsor 
     of terrorism'' means any country the government of which the 
     Secretary of State has determined has repeatedly provided 
     support for acts of international terrorism pursuant to--
       (A) section 6(j)(1)(A) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor 
     thereto);
       (B) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (C) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a)).
       (7) Transshipment, reexportation, or diversion.--The term 
     ``transshipment, reexportation, or diversion'' means the 
     exportation, directly or indirectly, of items that originated 
     in the United States to an end-user whose identity cannot be 
     verified or to an entity in Iran in violation of the laws or 
     regulations of the United States by any means, including by--
       (A) shipping such items through 1 or more foreign 
     countries; or
       (B) by using false information regarding the country of 
     origin of such items.

     SEC. 302. IDENTIFICATION OF LOCATIONS OF CONCERN WITH RESPECT 
                   TO TRANSSHIPMENT, REEXPORTATION, OR DIVERSION 
                   OF CERTAIN ITEMS TO IRAN.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter, the Director of National 
     Intelligence shall submit to the Secretary of Commerce, the 
     Secretary of State, the Secretary of the Treasury, and the 
     appropriate congressional committees a report that identifies 
     all countries that the Director determines are of concern 
     with respect to transshipment, reexportation, or diversion of 
     items subject to the provisions of the Export Administration 
     Regulations to an entity in Iran.

     SEC. 303. DESTINATIONS OF POSSIBLE DIVERSION CONCERN AND 
                   DESTINATIONS OF DIVERSION CONCERN.

       (a) Destinations of Possible Diversion Concern.--
       (1) Designation.--The Secretary of Commerce shall designate 
     a country as a Destination of Possible Diversion Concern if 
     the Secretary, in consultation with the Secretary of State 
     and the Secretary of the Treasury, determines that such 
     designation is appropriate to carry out activities to 
     strengthen the export control systems of that country based 
     on criteria that include--
       (A) the volume of items that originated in the United 
     States that are transported through the country to end-users 
     whose identities cannot be verified;
       (B) the inadequacy of the export and reexport controls of 
     the country;
       (C) the unwillingness or demonstrated inability of the 
     government of the country to control diversion activities; 
     and
       (D) the unwillingness or inability of the government of the 
     country to cooperate with the United States in interdiction 
     efforts.
       (2) Strengthening export control systems of destinations of 
     possible diversion

[[Page 3238]]

     concern.--If the Secretary of Commerce designates a country 
     as a Destination of Possible Diversion Concern under 
     paragraph (1), the United States shall initiate government-
     to-government activities described in paragraph (3) to 
     strengthen the export control systems of the country.
       (3) Government-to-government activities described.--The 
     government-to-government activities described in this 
     paragraph include--
       (A) cooperation by agencies and departments of the United 
     States with counterpart agencies and departments in a country 
     designated as a Destination of Possible Diversion Concern 
     under paragraph (1) to--
       (i) develop or strengthen export control systems in the 
     country;
       (ii) strengthen cooperation and facilitate enforcement of 
     export control systems in the country; and
       (iii) promote information and data exchanges among agencies 
     of the country and with the United States; and
       (B) efforts by the Office of International Programs of the 
     Department of Commerce to strengthen the export control 
     systems of the country to--
       (i) facilitate legitimate trade in high-technology goods; 
     and
       (ii) prevent terrorists and state sponsors of terrorism, 
     including Iran, from obtaining nuclear, biological, and 
     chemical weapons, defense technologies, components for 
     improvised explosive devices, and other defense items.
       (b) Destinations of Diversion Concern.--
       (1) Designation.--The Secretary of Commerce shall designate 
     a country as a Destination of Diversion Concern if the 
     Secretary, in consultation with the Secretary of State and 
     the Secretary of the Treasury, determines--
       (A) that the government of the country allows substantial 
     transshipment, reexportation, or diversion of items that 
     originated in the United States to end-users whose identities 
     cannot be verified or to entities in Iran; or
       (B) 12 months after the Secretary of Commerce designates 
     the country as a Destination of Possible Diversion Concern 
     under subsection (a)(1), that the country has failed--
       (i) to cooperate with the government-to-government 
     activities initiated by the United States under subsection 
     (a)(2); or
       (ii) based on the criteria described in subsection (a)(1), 
     to adequately strengthen the export control systems of the 
     country.
       (2) Licensing controls with respect to destinations of 
     diversion concern.--
       (A) Report on suspect items.--
       (i) In general.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretary of Commerce, in 
     consultation with the Director of National Intelligence, the 
     Secretary of State, and the Secretary of the Treasury, shall 
     submit to the appropriate congressional committees a report 
     containing a list of items that, if the items were 
     transshipped, reexported, or diverted to Iran, could 
     contribute to--

       (I) Iran obtaining nuclear, biological, or chemical 
     weapons, defense technologies, components for improvised 
     explosive devices, or other defense items; or
       (II) support by Iran for acts of international terrorism.

       (ii) Considerations for list.--In developing the list 
     required under clause (i), the Secretary of Commerce shall 
     consider--

       (I) the items subject to licensing requirements under 
     section 742.8 of title 15, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling) and other 
     existing licensing requirements; and
       (II) the items added to the list of items for which a 
     license is required for exportation to North Korea by the 
     final rule of the Bureau of Export Administration of the 
     Department of Commerce issued on June 19, 2000 (65 Fed. Reg. 
     38148; relating to export restrictions on North Korea).

       (B) Licensing requirement.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Commerce shall require a license to export an item on the 
     list required under subparagraph (A)(i) to a country 
     designated as a Destination of Diversion Concern.
       (C) Waiver.--The President may waive the imposition of the 
     licensing requirement under subparagraph (B) with respect to 
     a country designated as a Destination of Diversion Concern if 
     the President--
       (i) determines that such a waiver is in the national 
     interest of the United States; and
       (ii) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.
       (c) Termination of Designation.--The designation of a 
     country as a Destination of Possible Diversion Concern or a 
     Destination of Diversion Concern shall terminate on the date 
     on which the Secretary of Commerce determines, based on the 
     criteria described in subparagraphs (A) through (D) of 
     subsection (a)(1), and certifies to Congress and the 
     President that the country has adequately strengthened the 
     export control systems of the country to prevent 
     transshipment, reexportation, and diversion of items through 
     the country to end-users whose identities cannot be verified 
     or to entities in Iran.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 304. REPORT ON EXPANDING DIVERSION CONCERN SYSTEM TO 
                   COUNTRIES OTHER THAN IRAN.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence, in 
     consultation with the Secretary of Commerce, the Secretary of 
     State, and the Secretary of the Treasury, shall submit to the 
     appropriate congressional committees a report that--
       (1) identifies any country that the Director determines may 
     be transshipping, reexporting, or diverting items subject to 
     the provisions of the Export Administration Regulations to 
     another country if such other country--
       (A) is seeking to obtain nuclear, biological, or chemical 
     weapons, defense technologies, components for improvised 
     explosive devices, or other defense items; or
       (B) provides support for acts of international terrorism; 
     and
       (2) assesses the feasability and advisability of expanding 
     the system established under section 303 for designating 
     countries as Destinations of Possible Diversion Concern and 
     Destinations of Diversion Concern to include countries 
     identified under paragraph (1).

                    TITLE IV--EFFECTIVE DATE; SUNSET

     SEC. 401. EFFECTIVE DATE; SUNSET.

       (a) Effective Date.--Except as provided in sections 104, 
     202, and 303(b)(2), the provisions of, and amendments made 
     by, this Act shall take effect on the date that is 120 days 
     after the date of the enactment of this Act.
       (b) Sunset.--The provisions of this Act shall terminate on 
     the date that is 30 days after the date on which the 
     President certifies to Congress that--
       (1) the Government of Iran has ceased providing support for 
     acts of international terrorism and no longer satisfies the 
     requirements for designation as a state sponsor of terrorism 
     under--
       (A) section 6(j)(1)(A) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor 
     thereto);
       (B) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (C) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a)); and
       (2) Iran has ceased the pursuit, acquisition, and 
     development of nuclear, biological, and chemical weapons and 
     ballistic missiles and ballistic missile launch technology.
                                 ______
                                 
  SA 3467. Mr. REID (for himself and Mr. Ensign) submitted an amendment 
intended to be proposed to amendment SA 3452 proposed by Mr. 
Rockefeller to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       On page 364, between lines 17 and 18, insert the following:

     SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN THE LAS 
                   VEGAS MCCARRAN INTERNATIONAL AIRPORT ENVIRONS 
                   OVERLAY DISTRICT FOR TRANSIENT LODGING AND 
                   ASSOCIATED FACILITIES.

       (a) In General.--Notwithstanding any other provision of law 
     and except as provided in subsection (b), Clark County, 
     Nevada, is authorized to permit transient lodging, including 
     hotels, and associated facilities, including enclosed 
     auditoriums, concert halls, sports arenas, and places of 
     public assembly, on lands in the Las Vegas McCarran 
     International Airport Environs Overlay District that fall 
     below the forecasted 2017 65 dB day-night annual average 
     noise level (DNL), as identified in the Noise Exposure Map 
     Notice published by the Federal Aviation Administration in 
     the Federal Register on July 24, 2007 (72 Fed. Reg. 40357), 
     and adopted into the Clark County Development Code in June 
     2008.
       (b) Limitation.--No structure may be permitted under 
     subsection (a) that would constitute a hazard to air 
     navigation, result in an increase to minimum flight 
     altitudes, or otherwise pose a significant adverse impact on 
     airport or aircraft operations.
                                 ______
                                 
  SA 3468. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 262, strike line 18 and all that follows through 
     ``or transfer'' on page 263, line 4, and insert the 
     following:
       (2) in subsection (c)--
       (A) in paragraph (2)(A)(i), by striking ``purpose'' and 
     inserting the following: ``purpose, which includes serving as 
     noise buffer land that may be--
       ``(I) undeveloped; or
       ``(II) developed in a way that is compatible with using the 
     land for noise buffering purposes;'';
       (B) in paragraph (2)(B)(iii), by striking ``paid to the 
     Secretary for deposit in the Fund if another eligible project 
     does not exist.'' and inserting ``reinvested in another 
     project at the airport or transferred to another airport as 
     the Secretary prescribes.'';

[[Page 3239]]

       (C) by redesignating paragraph (3) as paragraph (5); and
       (D) by inserting after paragraph (2) the following:
       ``(3)(A) A lease by an airport owner or operator of land 
     acquired for a noise compatibility purpose using a grant 
     provided under this subchapter shall not be considered a 
     disposal for purposes of paragraph (2).
       ``(B) The airport owner or operator may use revenues from a 
     lease described in subparagraph (A) for ongoing airport 
     operational and capital purposes.
       ``(C) The Administrator of the Federal Aviation 
     Administration shall coordinate with each airport owner or 
     operator to ensure that leases described in subparagraph (A) 
     are consistent with noise buffering purposes.
       ``(D) The provisions of this paragraph apply to all land 
     acquired before, on, or after the date of the enactment of 
     this paragraph.
       ``(4) In approving the reinvestment or transfer.
                                 ______
                                 
  SA 3469. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 489, after line 8, add the following:

     SEC. 7__. LAND CONVEYANCE FOR SOUTHERN NEVADA SUPPLEMENTAL 
                   AIRPORT.

       (a) Definitions.--In this section:
       (1) County.--The term ``County'' means Clark County, 
     Nevada.
       (2) Public land.--The term ``public land'' means the land 
     located at--
       (A) sec. 23 and sec. 26, T. 26 S., R. 59 E., Mount Diablo 
     Meridian;
       (B) the NE \1/4\ and the N \1/2\ of the SE \1/4\ of sec. 6, 
     T. 25 S., R. 59 E., Mount Diablo Meridian, together with the 
     SE \1/4\ of sec. 31, T. 24 S., R. 59 E., Mount Diablo 
     Meridian; and
       (C) sec. 8, T. 26 S., R. 60 E., Mount Diablo Meridian.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Land Conveyance.--
       (1) In general.--As soon as practicable after the date 
     described in paragraph (2), subject to valid existing rights, 
     and notwithstanding the land use planning requirements of 
     sections 202 and 203 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary 
     shall convey to the County, without consideration, all right, 
     title, and interest of the United States in and to the public 
     land.
       (2) Date on which conveyance may be made.--The Secretary 
     shall not make the conveyance described in paragraph (1) 
     until the later of the date on which the Administrator of the 
     Federal Aviation Administration has--
       (A) approved an airport layout plan for an airport to be 
     located in the Ivanpah Valley; and
       (B) with respect to the construction and operation of an 
     airport on the site conveyed to the County pursuant to 
     section 2(a) of the Ivanpah Valley Airport Public Lands 
     Transfer Act (Public Law 106-362; 114 Stat. 1404), issued a 
     record of decision after the preparation of an environmental 
     impact statement or similar analysis required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (3) Withdrawal.--Subject to valid existing rights, the 
     public land to be conveyed under paragraph (1) is withdrawn 
     from--
       (A) location, entry, and patent under the mining laws; and
       (B) operation of the mineral leasing and geothermal leasing 
     laws.
       (4) Use.--The public land conveyed under paragraph (1) 
     shall be used for the development of flood mitigation 
     infrastructure for the Southern Nevada Supplemental Airport.
                                 ______
                                 
  SA 3470. Mr. FEINGOLD (for himself, Mr. Coburn, Mr. Brown of Ohio, 
and Mr. McCain) submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; as follows:

       At the end, insert the following:

  TITLE _.--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND GENERAL 
                         REPORTING REQUIREMENT

     SEC. _01. DEFINITION.

       In this title, the term ``earmark'' means the following:
       (1) A congressionally directed spending item, as defined in 
     Rule XLIV of the Standing Rules of the Senate.
       (2) A congressional earmark, as defined for purposes of 
     Rule XXI of the Rules of the House of Representatives.

     SEC. _02. RESCISSION.

       Any earmark of funds provided for the Department of 
     Transportation with more than 90 percent of the appropriated 
     amount remaining available for obligation at the end of the 
     9th fiscal year following the fiscal year in which the 
     earmark was made available is rescinded effective at the end 
     of that 9th fiscal year, except that the Secretary of 
     Transportation may delay any such rescission if the Secretary 
     determines that an additional obligation of the earmark is 
     likely to occur during the following 12-month period.

     SEC. _03. AGENCY WIDE IDENTIFICATION AND REPORTS.

       (a) Agency Identification.--Each Federal agency shall 
     identify and report every project that is an earmark with an 
     unobligated balance at the end of each fiscal year to the 
     Director of OMB.
       (b) Annual Report.--The Director of OMB shall submit to 
     Congress and publically post on the website of OMB an annual 
     report that includes--
       (1) a listing and accounting for earmarks with unobligated 
     balances summarized by agency including the amount of the 
     original earmark, amount of the unobligated balance, the year 
     when the funding expires, if applicable, and recommendations 
     and justifications for whether each earmark should be 
     rescinded or retained in the next fiscal year;
       (2) the number of rescissions resulting from this title and 
     the annual savings resulting from this title for the previous 
     fiscal year; and
       (3) a listing and accounting for earmarks provided for the 
     Department of Transportation scheduled to be rescinded at the 
     end of the current fiscal year.
                                 ______
                                 
  SA 3471. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC.       . ALLOCATION OF 4 BEYOND-PERIMETER EXEMPTIONS.

       Section 41718(a) is amended--
       (1) by striking ``24'' and inserting ``28''; and
       (2) by adding at the end the following:
     ``The Secretary shall allocate 4 of the exemptions granted 
     under the preceding sentence to air carriers to operate 
     limited frequencies and aircraft between Ronald Reagan 
     Washington National Airport and a medium hub airport located 
     outside the perimeter established for civil aircraft 
     operations at Ronald Reagan Washington National Airport but 
     within 1,400 miles of that airport without regard to 
     paragraphs (1) and (2) of this subsection.''.
                                 ______
                                 
  SA 3472. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 29, after line 21, insert the following:
       Sec. 207(b) Prohibition on Use of Passenger Facility 
     Charges to Construct Bicycle Storage Facilities.--Section 
     40117(a)(3) is amended--
       (1) by redesignating subparagraphs (A) through (G) as 
     clauses (i) through (vii);
       (2) by striking ``The term'' and inserting the following:
       ``(A) In general.--The term''; and
       (3) by adding at the end the following:
       ``(B) Bicycle storage facilities.--A project to construct a 
     bicycle storage facility may not be considered an eligible 
     airport-related project.''.
                                 ______
                                 
  SA 3473. Mr. LAUTENBERG submitted an amendment intended to be 
proposed to amendment SA 3452 proposed by Mr. Rockefeller to the bill 
H.R. 1586, to impose an additional tax on bonuses received from certain 
TARP recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. REPORT ON NEWARK LIBERTY AIRPORT AIR TRAFFIC 
                   CONTROL TOWER.

       Not later than 90 days after the date of the enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration shall report to the Committee on Commerce, 
     Science, and Transportation of the Senate, the Subcommittee 
     on Transportation and Housing and Urban Development, and 
     Related Agencies of the Senate, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, and the Subcommittee on Transportation, 
     Housing and Urban Development, and Related Agencies of the 
     House of Representatives on the Federal Aviation 
     Administration's plan to staff the Newark Liberty Airport air 
     traffic control tower with a minimum of 35 certified 
     professional controllers within 1 year after such date of 
     enactment.
                                 ______
                                 
  SA 3474. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

[[Page 3240]]



     SEC. 723. PRIORITY OF REVIEW OF CONSTRUCTION PROJECTS.

       (a) Findings.--Congress makes the following findings:
       (1) Winter weather in States located in cold regions of the 
     United States shortens the period during the year in which 
     construction projects may be carried out in such States.
       (2) If the review and approval process for a construction 
     project in a cold weather State is delayed--
       (A) the project may not be completed in 1 construction 
     season; and
       (B) the cost to complete the project will increase.
       (b) Priority Review of Construction Projects in Cold 
     Weather States.--The Administrator of the Federal Aviation 
     Administration shall, to the maximum extent practicable, 
     prioritize the Administrator's review of construction 
     projects so that projects to be carried out in a States in 
     which the weather during a typical calendar year prevents 
     major construction projects from being carried out before May 
     1 are reviewed as early as possible.
                                 ______
                                 
  SA 3475. Mr. McCAIN (for himself and Mr. Bayh) submitted an amendment 
intended to be proposed by him to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       At the end, insert the following:

     SEC. ___. EARMARKS PROHIBITED IN YEARS IN WHICH THERE IS A 
                   DEFICIT.

       (a) In General.--It shall not be in order in the Senate or 
     the House of Representatives to consider a bill, joint 
     resolution, or conference report containing a congressional 
     earmark or an earmark attributable to the President for any 
     fiscal year in which there is or will be a deficit as 
     determined by CBO.
       (b) Congressional Earmark.--In this section, the term 
     ``congressional earmark'' means the following:
       (1) A congressionally directed spending item, as defined in 
     Rule XLIV of the Standing Rules of the Senate.
       (2) A congressional earmark for purposes of Rule XXI of the 
     House of Representatives.
       (c) Waiver and Appeal.--
       (1) Waiver.--This section may be waived or suspended in the 
     Senate only by the affirmative vote of three-fifths of the 
     Members, duly chosen and sworn.
       (2) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the bill or 
     joint resolution, as the case may be. An affirmative vote of 
     three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required to sustain an appeal of the ruling 
     of the Chair on a point of order raised under this section.
                                 ______
                                 
  SA 3476. Mr. ENSIGN (for himself, Mr. Kyl, Mr. McCain, and Mr. 
Coburn) submitted an amendment intended to be proposed to amendment SA 
3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. EXTENDING THE LENGTH OF FLIGHTS FROM RONALD REAGAN 
                   WASHINGTON NATIONAL AIRPORT.

       Section 41718 is amended by adding at the end the 
     following:
       ``(g) Use of Airport Slots for Beyond Perimeter Flights.--
     Notwithstanding section 49109 or any other provision of law, 
     any air carrier that holds or operates air carrier slots at 
     Ronald Reagan Washington National Airport as of January 1, 
     2010, pursuant to subparts K and S of part 93 of title 14, 
     Code of Federal Regulations, which are being used as of that 
     date for scheduled service between that airport and a large 
     hub airport (as defined in section 40102(a)(29)), may use 
     such slots for service between Ronald Reagan Washington 
     National Airport and any airport located outside of the 
     perimeter restriction described in section 49109.''.
                                 ______
                                 
  SA 3477. Ms. CANTWELL (for herself and Mrs. Murray) submitted an 
amendment intended to be proposed to amendment SA 3452 proposed by Mr. 
Rockefeller to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 8__. TAX-EXEMPT BOND FINANCING FOR FIXED-WING EMERGENCY 
                   MEDICAL AIRCRAFT.

       (a) In General.--Subsection (e) of section 147 (relating to 
     no portion of bonds may be issued for skyboxes, airplanes, 
     gambling establishments, etc.) is amended by adding at the 
     end the following new sentence: ``The preceding sentence 
     shall not apply to any fixed-wing aircraft equipped for, and 
     exclusively dedicated to providing, acute care emergency 
     medical services (within the meaning of 4261(g)(2)).''
       (b) Effective Date.--The amendment made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3478. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 1586, to impose an additional tax on bonuses 
received from certain TARP recipients; which was ordered to lie on the 
table; as follows:

       On page 27, line 9, strike ``The Secretary'' and insert 
     ``Effective January 1, 2008, the Secretary''.
                                 ______
                                 
  SA 3479. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       On page 282, between lines 3 and 4, insert the following:

     SEC. 219. DESIGNATION OF FORMER MILITARY AIRPORTS.

       Section 47118(g) is amended by inserting ``or more'' after 
     ``one''.
                                 ______
                                 
  SA 3480. Mr. SCHUMER (for himself and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed to amendment SA 3452 
proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. TRANSFER OF UNUSED OFF-PEAK HOUR SLOTS AT RONALD 
                   REAGAN WASHINGTON NATIONAL AIRPORT INTO PEAK 
                   HOUR SLOTS.

       Section 41718 is amended by adding at the end the 
     following:
       ``(g) Transfer of Unused Off-Peak Hour Slots to Peak Hour 
     Slots.--
       ``(1) In general.--Notwithstanding section 41714(d), any 
     other provision of this title, or subpart K or S of part 93 
     of title 14, Code of Federal Regulations, and subject to 
     paragraph (3), the Secretary may transfer any slot available 
     for the takeoff or landing of an aircraft by an air carrier 
     during off-peak hours at the Ronald Reagan Washington 
     National Airport that the Secretary determines is unused into 
     a slot available for the takeoff or landing of an aircraft by 
     an air carrier described in paragraph (2) during peak hours 
     at that Airport.
       ``(2) Air carrier described.--An air carrier described in 
     this paragraph is a new entrant air carrier or a limited 
     incumbent air carrier that the Secretary determines will--
       ``(A) produce maximum competitive benefits, including low 
     fares;
       ``(B) increase the presence of new entrant air carriers and 
     limited incumbent air carriers in air transportation, 
     especially at large hub airports that are dominated by large 
     incumbent air carriers, or otherwise promote air 
     transportation by new entrant air carriers and limited 
     incumbent air carriers; and
       ``(C) use aircraft that--
       ``(i) meet the Stage 3 noise limits under part 36 of title 
     14, Code of Federal Regulations; and
       ``(ii) have a maximum seating capacity of more than 76 
     passengers.
       ``(3) Limitation on increase in hourly operations.--The 
     transfer of a slot under paragraph (1) may not increase the 
     number of operations at Ronald Reagan Washington National 
     Airport in any 1-hour period by more than 4 operations.
       ``(4) Definitions.--In this subsection:
       ``(A) Large incumbent air carrier.--The term `large 
     incumbent air carrier' means, with respect to a large hub 
     airport, an air carrier that holds more than 20 slots at the 
     airport (other than slots for use in foreign air 
     transportation).
       ``(B) Off-peak hours.--The term `off-peak hours' means the 
     time between 10:00 post meridiem and 6:59 ante meridiem.
       ``(C) Peak hours.--The term `peak hours' means the time 
     between 7:00 ante meridiem and 9:59 post meridiem.''.
                                 ______
                                 
  SA 3481. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ALLOCATION OF 4 BEYOND-PERIMETER EXEMPTIONS.

       Section 41718(a) is amended--
       (1) by striking ``24'' and inserting ``28''; and
       (2) by adding at the end the following:

     ``The Secretary shall allocate 4 of the exemptions granted 
     under the preceding sentence to air carriers to operate 
     limited frequencies and aircraft between Ronald Reagan 
     Washington National Airport and a

[[Page 3241]]

     medium hub airport located outside the perimeter established 
     for civil aircraft operations at Ronald Reagan Washington 
     National Airport but within 2,000 miles of that airport 
     without regard to paragraphs (1) and (2) of this 
     subsection.''.
                                 ______
                                 
  SA 3482. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1586, to impose an additional tax on bonuses 
received from certain TARP recipients; which was ordered to lie on the 
table; as follows:

       At the end of title VII, add the following:

     SEC. 720. AIR-RAIL CODESHARE STUDY.

       (a) Codeshare Study.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of 
     Transportation, in coordination with the Federal Aviation 
     Administration and the Federal Railroad Administration, shall 
     conduct a study of--
       (1) the current airline and intercity passenger rail 
     codeshare arrangements;
       (2) the best methods for encouraging better integration of 
     future airline and intercity passenger rail schedules; and
       (3) the feasibility of increasing intermodal connectivity 
     of airline and intercity passenger rail facilities and 
     systems to improve passenger travel.
       (b) Considerations.--The study shall consider--
       (1) the potential benefits to passengers from the 
     development of a more efficient travel network through the 
     implementation of more integrated scheduling between airlines 
     and Amtrak or other intercity passenger rail carriers 
     achieved through codesharing arrangements;
       (2) statutory and regulatory challenges or barriers to 
     greater integration of future scheduling through 
     implementation of codeshare arrangements between airlines and 
     Amtrak or other intercity passenger rail carriers;
       (3) financial or other challenges to implementing more 
     integrated codeshare arrangements between airlines and Amtrak 
     or other intercity passenger rail carriers; and
       (4) airport operations that can improve connectivity to 
     intercity passenger rail facilities and stations.
       (c) Report.--Not later than 1 year after commencing the 
     study required by subsection (a), the Secretary shall submit 
     a report on the study to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives. The report shall include any conclusions of 
     the Secretary resulting from the study, the Secretary's 
     recommendations for improving intermodal connections between 
     airlines and intercity passenger rail, and the Secretary's 
     recommendations for regulatory or legislative changes 
     necessary to facilitate codeshare arrangements between 
     airlines and Amtrak and other intercity passenger rail 
     carriers.
                                 ______
                                 
  SA 3483. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1586, to impose an additional tax on bonuses 
received from certain TARP recipients; which was ordered to lie on the 
table; as follows:

       On page 282, between lines 3 and 4, insert the following:

     SEC. 219. AIRPORT SUSTAINABILITY PLANNING.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration may make a grant from amounts made available 
     under section 48103 of title 49, United States Code, to an 
     entity to develop, in accordance with subsection (b)--
       (1) best practices and metrics with respect to the 
     sustainable design, construction, planning, maintenance, and 
     operation of airports; and
       (2) a rating system and voluntary rating process for 
     airports based on those best practices and metrics.
       (b) Development of Best Practices and Metrics and Voluntary 
     Rating System.--
       (1) In general.--The entity receiving the grant under 
     subsection (a) shall develop--
       (A) consensus-based best practices and metrics for the 
     sustainable design, construction, planning, maintenance, and 
     operation of an airport that comply with standards prescribed 
     by the Administrator of the Federal Aviation Administration, 
     including standards for site location, airport layout, site 
     preparation, paving, and lighting and safety of approaches;
       (B) a consensus-based rating system for airports based on 
     the best practices and metrics developed under subparagraph 
     (A); and
       (C) a voluntary rating process for airports based on the 
     best practices and metrics developed under subparagraph (A) 
     and the rating system developed under subparagraph (B).
       (2) Review and dissemination of best practices and 
     metrics.--The Administrator of the Federal Aviation 
     Administration--
       (A) shall review the best practices and metrics developed 
     under paragraph (1)(A) by the entity receiving the grant 
     under subsection (a) to determine whether those best 
     practices and metrics contribute to the protection of natural 
     resources, the reduction of energy consumption, or the 
     mitigation of any other negative environmental, social, or 
     economic impacts of the design, construction, planning, 
     maintenance, and operation of airports; and
       (B) if the Administrator makes an affirmative determination 
     under subparagraph (A), may publish those best practices and 
     metrics in the Federal Register and on the website of the 
     Federal Aviation Administration in order to disseminate those 
     best practices and metrics to support the sustainable design, 
     construction, planning, maintenance, and operation of 
     airports.
       (c) Applications.--An entity seeking a grant under 
     subsection (a) shall submit an application to the 
     Administrator of the Federal Aviation Administration in such 
     form and containing such information as the Administrator may 
     require.
       (d) Criteria for Awarding Grant.--The Administrator shall 
     award the grant under subsection (a) to an entity that--
       (1) has experience in developing sustainable best practices 
     for transportation or aviation systems or facilities;
       (2) has experience in aviation operations, planning, 
     design, and maintenance and evaluating the costs and benefits 
     of incorporating sustainable design features into aviation 
     projects and practices;
       (3) has experience with commercial or nonprofit sustainable 
     building certification programs; and
       (4) does not have any conflicts of interest that would 
     jeopardize the independence of the entity in developing the 
     best practices and metrics and rating system under subsection 
     (b)(1).
       (e) Determination of Amount of Grant Award.--The 
     Administrator of the Federal Aviation Administration shall--
       (1) determine the amount of the grant award based on the 
     amount the Administrator determines necessary to develop the 
     best practices and metrics and rating system required under 
     subsection (b)(1); and
       (2) publish that amount in any document seeking applicants 
     for the grant under subsection (a).
                                 ______
                                 
  SA 3484. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       After title VII, insert the following:

              TITLE VIII--PREVENTION OF UNREASONABLE FEES

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Prevention of Unreasonable 
     Fees Act''.

     SEC. 802. PREVENTION OF UNREASONABLE FEES.

       Section 14501(d) is amended--
       (1) in paragraph (1), by striking ``on account of the fact 
     that a motor vehicle'' and inserting ``to be paid with 
     respect to a motor vehicle that'';
       (2) by redesignating paragraphs (2) and (3) as paragraph 
     (3) and (4), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) Transportation terminal fees prohibited.--An operator 
     of a transportation terminal that, at any time after the date 
     of enactment of the Prevention of Unreasonable Fees Act, uses 
     any Federal funds for the construction, expansion, 
     renovation, or other capital improvement of such 
     transportation terminal, or for the purchase or lease of any 
     equipment installed in such transportation terminal or on its 
     property, may not charge any fee to a provider of prearranged 
     ground transportation service described in paragraph (1), 
     except--
       ``(A) a fee charged to the general public for access to, or 
     use of, any part of the transportation terminal; or
       ``(B) a fee for the availability of ancillary facilities at 
     the transportation terminal that is reasonable in relation to 
     the costs of operating the ancillary facilities.'';
       (4) by amending paragraph (3), as redesignated, to read as 
     follows:
       ``(3) Definitions.--In this section:
       ``(A) Ancillary facilities.--The term `ancillary 
     facilities' includes restrooms, vending machines, monitoring 
     facilities that advise parties accessing the transportation 
     terminal of arrivals or departures of aircraft, buses, 
     trains, ships, or boats, and such other facilities determined 
     by the Secretary to be necessary, appropriate, desirable, or 
     useful to the business of providing prearranged ground 
     transportation service.
       ``(B) Intermediate stop.--The term `intermediate stop', 
     with respect to transportation by a motor carrier, means a 
     pause in the transportation in order for 1 or more passengers 
     to engage in personal or business activity if the driver 
     providing the transportation to such passengers does not, 
     before resuming the transportation of at least 1 of such 
     passengers, provide transportation to any other person not 
     included among the passengers being transported when the 
     pause began.
       ``(C) Transportation terminal.--The term `transportation 
     terminal' means any airport, port facility for ships or 
     boats, train station, or bus terminal, including any 
     principal building and all ancillary buildings, roads, 
     runways, and other facilities.'';

[[Page 3242]]

       (5) in paragraph (4), as redesignated--
       (A) in subparagraph (B)--
       (i) by striking ``an airport, train, or bus'' and inserting 
     ``a transportation''; and
       (ii) by striking ``and'' at the end;
       (B) by redesignating subparagraph (C) as subparagraph (D);
       (C) by inserting after subparagraph (B) the following:
       ``(C) as prohibiting or restricting a transportation 
     terminal operator from requiring vehicles that cannot safely 
     use parking facilities that are otherwise available to the 
     general public to use segregated facilities, if the fee for 
     such facilities is not more than the amount charged to the 
     public for similar facilities;'';
       (D) in subparagraph (D), as redesignated, by striking the 
     period at the end and inserting ``; or''; and
       (E) by inserting after subparagraph (D), as redesignated, 
     the following:
       ``(E) as restricting the right of any State or political 
     subdivision of a State to require a license or fee (other 
     than a fee by a transportation terminal operator prohibited 
     under paragraph (2)) with respect to a vehicle that is 
     providing transportation not described in paragraph (1).''.

     SEC. 803. REGULATIONS.

       (a) In General.--Not later than December 31, 2010, the 
     Secretary of Transportation shall promulgate regulations to 
     carry out the provisions of section 14501(d) of title 49, 
     United States Code, as amended by section 802.
       (b) Provisions.--The regulations promulgated pursuant to 
     subsection (a) shall include--
       (1) a comprehensive list of the ancillary facilities 
     determined by the Secretary to be necessary, appropriate, 
     desirable, and useful to the business of the provision of 
     prearranged ground transportation service;
       (2) a schedule of suggested fees that--
       (A) may be charged for such ancillary facilities by any 
     transportation terminal operator to a provider of prearranged 
     ground transportation service for the availability of the 
     ancillary facility; and
       (B) are determined by the Secretary to be reasonable in 
     relation to the costs of operating the ancillary facility;
       (3) a requirement that any fee proposed by a transportation 
     terminal operator for the availability of an ancillary 
     facility may not be greater than the fee for such ancillary 
     facility provided in the schedule described in paragraph (2), 
     unless the fee is approved in advance by the Secretary after 
     a public hearing and determination that the proposed fee and 
     the amount of the fee for the availability of such ancillary 
     facility at such transportation terminal--
       (A) is reasonable in relation to the costs of operating the 
     ancillary facility; and
       (B) otherwise complies with section 14501(d) of title 49, 
     United States Code; and
       (4) such other provisions as the Secretary determines to be 
     necessary or appropriate to carry out such section 14501(d) 
     in a manner that prevents the imposition by a transportation 
     terminal operator of--
       (A) fees to be paid by or with respect to a motor vehicle 
     that is providing prearranged ground transportation service; 
     or
       (B) any other discriminatory or punitive action or measure 
     against, or with respect to, a motor vehicle that is 
     providing prearranged ground transportation service.
                                 ______
                                 
  SA 3485. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. LOAN GUARANTEES FOR SHIPYARDS AND REPROGRAMMING OF 
                   FUNDS FOR SEALIFT CAPACITY.

       Section 115 of the Miscellaneous Appropriations and Offsets 
     Act, 2004 (division H of Public Law 108-199; 118 Stat. 439), 
     as amended by section 1017 of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 250), is 
     amended to read as follows:
       ``Sec. 115. (a)(1) Of the amounts provided in the 
     Department of Defense Appropriations Act, 2002 (Public Law 
     107-117; 115 Stat. 2244), the Department of Defense 
     Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 
     1533), and the Department of Defense Appropriations Act, 2004 
     (Public Law 108-87; 117 Stat. 1068) under the heading 
     `National Defense Sealift Fund' for construction of 
     additional sealift capacity, notwithstanding section 
     2218(c)(1) of title 10, United States Code--
       ``(A) $15,000,000, shall be made available for the 
     Secretary of Transportation to make loan guarantees as 
     described in subsection (b); and
       ``(B) any remaining amount may be made available for--
       ``(i) design testing simulation and construction of 
     infrastructure improvements to a marine cargo terminal 
     capable of supporting a mixed use of traditional container 
     operations, high speed loading and off-loading, and military 
     sealift requirements; and
       ``(ii) engineering, simulation, and feasibility evaluation 
     of advance design vessels for the transport of high-value, 
     time sensitive cargoes to expand a capability to support 
     military sealift, aviation, and commercial operations.
       ``(2) The amounts made available in this subsection shall 
     remain available until expended.
       ``(b)(1) A loan guarantee described in this subsection is a 
     loan guarantee issued by the Secretary of Transportation to 
     maintain the capability of a qualified shipyard to construct 
     a large ocean going commercial vessel if the applicant for 
     such a loan guarantee demonstrates that absent such loan 
     guarantee--
       ``(A) the domestic capacity for the construction of large 
     ocean going commercial vessels will be significantly 
     impaired;
       ``(B) more than 1,000 shipbuilding-related jobs will be 
     terminated at any one facility; and
       ``(C) the capability of domestic shipyards to meet the 
     demand for replacement and expansion of the domestic ocean 
     going commercial fleet will be significantly constrained.
       ``(2) In this subsection, the term `qualified shipyard' 
     means a shipyard that--
       ``(A) is located in the United States;
       ``(B) consists of at least one facility with not less than 
     of 1,000 employees;
       ``(C) has exclusively constructed ocean going commercial 
     vessels larger than 20,000 gross registered tons;
       ``(D) delivered 8 or more such ocean going commercial 
     vessels during the 5-year period ending on the date of the 
     enactment of the FAA Air Transportation Modernization and 
     Safety Improvement Act; and
       ``(E) applies for a loan guarantee made available pursuant 
     to subsection (a)(1)(A).
       ``(3) Notwithstanding the provisions of chapter 537 of 
     subtitle V of title 46, United States Code, or any 
     regulations issued pursuant to such chapter, a loan guarantee 
     pursuant to subsection (a)(1)(A) shall be issued only to a 
     qualified shipyard upon commitment by the qualified shipyard 
     of not less than $40,000,000 in equity and demonstrated proof 
     that actual construction of the new vessel for which such 
     loan guarantee was issued will commence not later than April 
     30, 2010.
       ``(4) A loan guarantee issued pursuant to subsection 
     (a)(1)(A) shall be deemed to have a subsidy rate of no 
     greater than 9 percent.
       ``(5) The Secretary of Transportation shall select each 
     qualified shipyard to receive a loan guarantee pursuant to 
     subsection (a)(1)(A) not later than 60 days after the date of 
     the enactment of the FAA Air Transportation Modernization and 
     Safety Improvement Act.''.
                                 ______
                                 
  SA 3486. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 201, strike lines 20 through 24, and insert the 
     following:
       (b) Minimum Experience Requirement.--
       (1) In general.--The final rule prescribed under subsection 
     (a) shall, among any other requirements established by the 
     rule, require that a pilot--
       (A) have not less than 800 hours of flight time before 
     serving as a flightcrew member for a part 121 air carrier; 
     and
       (B) demonstrate the ability to--
       (i) function effectively in a multipilot environment;
       (ii) function effectively in an air carrier operational 
     environment;
       (iii) function effectively in adverse weather conditions, 
     including icing conditions;
       (iv) function effectively during high altitude operations; 
     and
       (v) adhere to the highest professional standards.
       (2) Hours of flight experience in difficult operational 
     conditions.--The total number of hours of flight experience 
     required by the Administrator under paragraph (1) for pilots 
     shall include a number of hours of flight experience in 
     difficult operational conditions that may be encountered by 
     an air carrier that the Administrator determines to be 
     sufficient to enable a pilot to operate an aircraft safely in 
     such conditions.
                                 ______
                                 
  SA 3487. Mr. BINGAMAN (for himself, Ms. Snowe, Mr. Harkin, Mr. 
Conrad, and Mr. Burris) submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title IV, add the following:

     SEC. 419. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION 
                   PROGRAM.

       (a) In General.--Subchapter II of chapter 417 of title 49, 
     United States Code, is amended by striking section 41747, and 
     such title 49 shall be applied as if such section 41747 had 
     not been enacted.
       (b) Clerical Amendment.--The table of sections for chapter 
     417 of title 49, United

[[Page 3243]]

     States Code, is amended by striking the item relating to 
     section 41747.
                                 ______
                                 
  SA 3488. Mr. WARNER submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER PILOTS 
                   OPERATING CHARITABLE MEDICAL FLIGHTS.

       In administering part 61.113(c) of title 14, Code of 
     Federal Regulations, the Administrator of the Federal 
     Aviation Administration shall allow an aircraft owner or 
     aircraft operator who has volunteered to provide 
     transportation for an individual or individuals for medical 
     purposes to accept reimbursement to cover all or part of the 
     fuel costs associated with the operation from a volunteer 
     pilot organization.
                                 ______
                                 
  SA 3489. Mr. WARNER (for himself and Mr. Webb) submitted an amendment 
to be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the 
bill H.R. 1586, to impose an additional tax on bonuses received from 
certain TARP recipients; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. FORFEITURE OF SLOTS UPON INCREASING EXTRAPERIMETER 
                   SERVICE FROM REAGAN WASHINGTON NATIONAL 
                   AIRPORT.

       Section 41718 is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following:
       ``(f) Reallocation of Exemptions Upon Commencement of 
     Certain Service.--
       ``(1) In general.--If, after the date of enactment of the 
     FAA Air Transportation Modernization and Safety Improvement 
     Act, an air carrier--
       ``(A) commences air transportation pursuant to an exemption 
     under subsection (a) to a beyond-perimeter airport previously 
     unserved by that air carrier from Ronald Reagan Washington 
     National Airport,
       ``(B) provides additional service to a beyond-perimeter 
     airport served by that air carrier from that airport, or
       ``(C) exchanges an exemption granted under subsection (b) 
     for an exemption granted under subsection (a),
     the air carrier shall forfeit 4 of its other exemptions 
     granted under subsection (a) or (b).
       ``(2) Reallocation of forfeited exemptions.--If an air 
     carrier forfeits exemptions under paragraph (1), the 
     Secretary--
       ``(A) shall grant one of the forfeited exemptions to a new 
     entrant air carrier or limited incumbent air carrier; and
       ``(B) may grant the remaining exemption to another air 
     carrier under this section in accordance with the 
     requirements of this section.''.
                                 ______
                                 
  SA 3490. Mr. WARNER (for himself and Mr. Webb) submitted an amendment 
intended to be proposed by him to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ------. IMPACT ANALYSIS REQUIRED BEFORE ANY ADDITIONAL 
                   SLOTS.

       The Secretary of Transportation may not grant an exemption 
     under subsection (a) or (b) of section 41718 of title 49, 
     United States Code, not authorized by that section (as in 
     effect on the day before the date of enactment of this Act) 
     unless the Secretary has conducted a study and determined 
     that the additional exemption--
       (1) will cause no strain on existing gate and parking 
     facilities at Ronald Reagan Washington National Airport;
       (2) will have no impact on the environment;
       (3) will not increase traffic congestion at or near the 
     airport; and
       (4) will not exacerbate community concerns about airport-
     related noise.
                                 ______
                                 
  SA 3491. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill H.R. 1586, to impose an additional tax on bonuses 
received from certain TARP recipients; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ALASKA NATIVE AVIATION TRAINING PROGRAM.

       (a) In General.--chapter 445 is amended by adding at the 
     end the following:

     ``44518. Alaska Native aviation training program

       ``(a) General Authority.--The Secretary of Transportation 
     shall carry out, at a minimum, one project to improve 
     opportunities for residents of Alaska Native communities to 
     receive aviation training to enhance safety in air service to 
     and from remote Alaska Native communities.
       ``(b) Implementation.--
       ``(1) In general.--In carrying out this section, the 
     Secretary shall provide funding through a grant, contract, or 
     another agreement described in section 106(l)(5) to a non-
     profit organization composed of Federally recognized tribes 
     operating flight and air mechanics schools in an Alaska 
     Native community.
       ``(2) Project selection.--The Secretary shall select a 
     project under this subsection that provides training for 
     residents of Alaska Native communities--
       ``(A) to obtain commercial pilot certificates pursuant to 
     part 61 of title 14, Code of Federal Regulations; and
       ``(B) to obtain mechanic certificates pursuant to subpart D 
     of part 65 of such title.
       ``(c) Matching share.--Notwithstanding section 47109 or any 
     other provision of law, the Federal share of allowable 
     project costs for a project under this section shall be 100 
     percent.
       ``(d) Terms and conditions.--The Secretary may establish 
     such terms and conditions as the Secretary determines 
     appropriate, consistent with the provisions of the Indian 
     Self-Determination and Education Assistance Act of 1975 (25 
     U.S.C. 450 et seq.) for carrying out a project under this 
     section, including terms and conditions relating to the form 
     and content of a proposal for a project, project assurances, 
     and schedule of payments.
       ``(e) Administration.--The Secretary may enter into an 
     agreement in accordance with section 106(m) to provide for 
     the administration of any project under the program.
       ``(f) Authorization of Appropriations.--Notwithstanding any 
     other provision of law, the Secretary shall make available 
     not less than $1,000,000 of the amounts made available to the 
     Secretary under section 48105 of this title for each of 
     fiscal years 2011 and 2012 to carry out this section.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 445 is amended by adding at the end the following:

``44518.Alaska Native aviation training program''.
                                 ______
                                 
  SA 3492. Mr. BEGICH (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 3452 proposed by Mr. 
Rockefeller to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CYLINDERS OF COMPRESSED OXYGEN, NITROUS OXIDE, OR 
                   OTHER OXIDIZING GASES.

       (a) In General.--The transportation within Alaska of 
     cylinders of compressed oxygen, nitrous oxide, or other 
     oxidizing gases aboard aircraft shall be exempt from 
     compliance with the requirements, under sections 
     173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4) of the 
     Pipeline and Hazardous Material Safety Administration's 
     regulations (49 C.F.R. 173.302(f)(3) and (f)(4) and 
     173.304(f)(3) and (f)(4)), that oxidizing gases transported 
     aboard aircraft be enclosed in outer packaging capable of 
     passing the flame penetration and resistance test and the 
     thermal resistance test, without regard to the end use of the 
     cylinders, if--
       (1) there is no other practical means of transportation for 
     transporting the cylinders to their destination and 
     transportation by ground or vessel is unavailable; and
       (2) the transportation meets the requirements of subsection 
     (b).
       (b) Exemption Requirements.--Subsection (a) shall not apply 
     to the transportation of cylinders of compressed oxygen, 
     nitrous oxide, or other oxidizing gases aboard aircraft 
     unless the following requirements are met:
       (1) Packaging.--
       (A) Smaller cylinders.--Each cylinder with a capacity of 
     not more than 116 cubic feet shall be--
       (i) fully covered with a fire or flame resistant blanket 
     that is secured in place; and
       (ii) placed in a rigid outer packaging or an ATA 300 
     Category 1 shipping container.
       (B) Larger cylinders.--Each cylinder with a capacity of 
     more than 116 cubic feet but not more than 281 cubic feet 
     shall be--
       (i) secured within a frame;
       (ii) fully covered with a fire or flame resistant blanket 
     that is secured in place; and
       (iii) fitted with a securely attached metal cap of 
     sufficient strength to protect the valve from damage during 
     transportation.
       (2) Operational controls.--
       (A) Storage; access to fire extinguishers.--Unless the 
     cylinders are stored in a Class C cargo compartment or its 
     equivalent on the aircraft, crew members shall have access to 
     the cylinders and at least 2 fire extinguishers shall be 
     readily available for use by the crew members.

[[Page 3244]]

       (B) Shipment with other hazardous materials.--The cylinders 
     may not be transported in the same aircraft with other 
     hazardous materials other than Division 2.2 materials with no 
     subsidiary risk, Class 9 materials, and ORM-D materials.
       (3) Aircraft requirements.--
       (A) Aircraft type.--The transportation shall be provided 
     only aboard a passenger-carrying aircraft or a cargo 
     aircraft.
       (B) Passenger-carrying aircraft.--
       (i) Smaller cylinders only.--A cylinder with a capacity of 
     more than 116 cubic feet may not be transported aboard a 
     passenger-carrying aircraft.
       (ii) Maximum number.--Unless transported in a Class C cargo 
     compartment or its equivalent, no more than 6 cylinders in 
     each cargo compartment may be transported aboard a passenger-
     carrying aircraft.
       (C) Cargo aircraft.--A cylinder may not be transported 
     aboard a cargo aircraft unless it is transported in a Class B 
     cargo compartment or a Class C cargo compartment or its 
     equivalent.
       (c) Definitions.--Terms used in this section shall have the 
     meaning given those terms in parts 106, 107, and 171 through 
     180 of the Pipeline and Hazardous Material Safety 
     Administration's regulations (49 C.F.R. parts 106, 107, and 
     171-180).
                                 ______
                                 
  SA 3493. Ms. CANTWELL submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. FLIGHT OPERATIONS AT RONALD REAGAN WASHINGTON 
                   NATIONAL AIRPORT.

       (a) Beyond Perimeter Exemptions.--Section 41718(a) is 
     amended by striking ``24'' and inserting ``34''.
       (b) Limitations.--Section 41718(c)(2) is amended by 
     striking ``3 operations'' and inserting ``5 operations''.
       (c) Allocation of Beyond-Perimeter Exemptions.--Section 
     41718(c) is further amended--
       (1) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Slots.--The Administrator of the Federal Aviation 
     Administration shall reduce by 10 the total number of slots 
     available for air carriers at Ronald Reagan Washington 
     National Airport during a 24-hour period by eliminating slots 
     during the 1-hour periods beginning at 6:00 a.m., 10:00 p.m., 
     and 11:00 p.m. that are available for allocation, in order to 
     grant exemptions under subsection (a).''.
       (d) Scheduling Priority.--Section 41718 is further 
     amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(e) Scheduling Priority.--In administering this section, 
     the Secretary shall afford a scheduling priority to 
     operations conducted by new entrant air carriers and limited 
     incumbent air carriers over operations conducted by other air 
     carriers granted exemptions pursuant to this section, with 
     the highest scheduling priority to be afforded to beyond-
     perimeter operations conducted by new entrant air carriers 
     and limited incumbent air carriers.''.
                                 ______
                                 
  SA 3494. Mr. WICKER submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. TECHNICAL CORRECTION.

       Section 159(b)(2)(C) of title I of division A of the 
     Consolidated Appropriations Act, 2010, is amended by striking 
     clauses (i) and (ii) and inserting the following:
       ``(i) requiring inspections of any container containing a 
     firearm or ammunition; and
       ``(ii) the temporary suspension of firearm carriage service 
     if credible intelligence information indicates a threat 
     related to the national rail system or specific routes or 
     trains.''.
                                 ______
                                 
  SA 3495. Mr. BENNETT (for himself, Mr. Brownback, and Mr. Wicker) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1586, to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end, insert the following:

     SEC. ___. RIGHT OF THE PEOPLE OF THE DISTRICT OF COLUMBIA TO 
                   DEFINE MARRIAGE.

       (a) Findings.--Congress finds that--
       (1) a broad coalition of residents of the District of 
     Columbia petitioned for an initiative in accordance with the 
     District of Columbia Home Rule Act to establish that ``only 
     marriage between a man and a woman is valid or recognized in 
     the District of Columbia'';
       (2) this petition anticipated the Council of the District 
     of Columbia's passage of an Act legalizing same-sex marriage;
       (3) the unelected District of Columbia Board of Elections 
     and Ethics and the unelected District of Columbia Superior 
     Court thwarted the residents' initiative effort to define 
     marriage democratically, holding that the initiative amounted 
     to discrimination prohibited by the District of Columbia 
     Human Rights Act; and
       (4) the definition of marriage affects every person and 
     should be debated openly and democratically.
       (b) Referendum or Initiative Requirement.--Notwithstanding 
     any other provision of law, including the District of 
     Columbia Human Rights Act, the government of the District of 
     Columbia shall not issue a marriage license to any couple of 
     the same sex until the people of the District of Columbia 
     have the opportunity to hold a referendum or initiative on 
     the question of whether the District of Columbia should issue 
     same-sex marriage licenses.
                                 ______
                                 
  SA 3496. Mr. CARDIN (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed to amendment SA 3452 proposed by Mr. 
Rockefeller to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       Strike section 405 and insert the following:

     SEC. 405. DISCLOSURE OF PASSENGER FEES; PROHIBITION ON FEES 
                   FOR CARRY-ON BAGGAGE.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     complete a rulemaking that--
       (1) prohibits each air carrier operating in the United 
     States under part 121 of title 49, Code of Federal 
     Regulations, from charging any fees for carry-on baggage that 
     falls within the restrictions imposed by the air carrier with 
     respect to the weight, size, or number of bags;
       (2) requires each such air carrier to make detailed 
     information about restrictions with respect to the weight, 
     size, and number carry-on baggage available to passengers 
     before they arrive at the airport for a scheduled departure 
     on the air carrier; and
       (3) requires each such air carrier to make available to the 
     public and to the Secretary a list of all passenger fees and 
     charges (other than airfare) that may be imposed by the air 
     carrier, including fees for--
       (A) checked baggage or oversized or heavy baggage, 
     including specialty items such as bicycles, skis, and 
     firearms;
       (B) meals, beverages, or other refreshments;
       (C) seats in exit rows, seats with additional space, or 
     other preferred seats in any given class of travel;
       (D) purchasing tickets from an airline ticket agent or a 
     travel agency; or
       (E) any other good, service, or amenity provided by the air 
     carrier, as required by the Secretary.
       (b) Publication; Updates.--In order to ensure that the fee 
     information required by subsection (a)(3) is both current and 
     widely available to the traveling public, the Secretary--
       (1) may require an air carrier to make such information 
     available on any public website maintained by an air carrier, 
     to make such information available to travel agencies, and to 
     notify passengers of the availability of such information 
     when advertising airfares; and
       (2) shall require air carriers to update the information as 
     necessary, but no less frequently than every 90 days unless 
     there has been no increase in the amount or type of fees 
     shown in the most recent publication.
                                 ______
                                 
  SA 3497. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       Strike section 412 and insert the following:

     SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE 
                   ADJUSTMENT ELIGIBILITY.

       Section 409(d) of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 41731 note) is amended by 
     striking ``September 30, 2010.'' and inserting ``September 
     30, 2013.''.
                                 ______
                                 
  SA 3498. Mr. DURBIN proposed an amendment to the bill H.R. 2847, 
making appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2010, and for other purposes; an follows:

       On page 3, in the first House amendment strike:

[[Page 3245]]



            ``SUBTITLE E--DISADVANTAGED BUSINESS ENTERPRISES

     SEC. 451. DISADVANTAGED BUSINESS ENTERPRISES.

       and insert:

           ``SUBTITLE E--UNPROFITABLE BUSINESS ENTERPRISES''

                                 ______
                                 
  SA 3499. Mr. DURBIN proposed an amendment to amendment SA 3498 
proposed by Mr. Durbin to the bill H.R. 2847, making appropriations for 
the Departments of Commerce and Justice, and Science, and Related 
Agencies for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       At the end of the pending amendment insert the following:

     SEC. 451. UNPROFITABLE BUSINESS ENTERPRISES.

                                 ______
                                 
  SA 3500. Mr. DURBIN proposed an amendment to the bill H.R. 2847, 
making appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2010, and for other purposes; as follows:

       At the end, insert the following:
       The Senate Committee on Appropriations is requested to 
     study the impact of any delays in enactment on the creation 
     of any jobs on a regional basis.
                                 ______
                                 
  SA 3501. Mr. DURBIN proposed an amendment to the bill H.R. 2847, 
making appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2010, and for other purposes; as follows.

       At the end, insert the following:
       ``and include any local statistics.''
                                 ______
                                 
  SA 3502. Mr. DURBIN proposed an amendment to amendment SA 3501 
proposed by Mr. Durbin to the bill H.R. 2847, making appropriations for 
the Departments of Commerce and Justice, and Science, and Related 
Agencies for the fiscal year ending September 30, 2010, and for other 
purposes; an follows:

       At the end, insert the following:
       ``including specific information on the types of jobs 
     created.''
                                 ______
                                 
  SA 3503. Mr. MENENDEZ (for himself, Mr. Schumer, Mrs. Gillibrand, and 
Mr. Lautenberg) submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. ON-GOING MONITORING OF AND REPORT ON THE NEW YORK/
                   NEW JERSEY/PHILADELPHIA METROPOLITAN AREA 
                   AIRSPACE REDESIGN.

       Not later than 270 days after the date of the enactment of 
     this Act and every 180 days thereafter until the completion 
     of the New York/New Jersey/Philadelphia Metropolitan Area 
     Airspace Redesign, the Administrator of the Federal Aviation 
     Administration shall, in conjunction with the Port Authority 
     of New York and New Jersey and the Philadelphia International 
     Airport--
       (1) monitor the air noise impacts of the New York/New 
     Jersey/Philadelphia Metropolitan Area Airspace Redesign; and
       (2) submit to Congress a report on the findings of the 
     Administrator with respect to the monitoring described in 
     paragraph (1).
                                 ______
                                 
  SA 3504. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 204, between lines 17 and 18, insert the following:
       (e) Study.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall review relevant air carrier data and 
     carry out a study--
       (A) to identify common sources of distraction for the 
     cockpit flight crew on commercial aircraft; and
       (B) to determine the safety impacts of such distractions.
       (2) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Administrator shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that contains--
       (A) the findings of the study conducted under paragraph 
     (1); and
       (B) recommendations about ways to reduce distractions for 
     cockpit flight crews.
                                 ______
                                 
  SA 3505. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title IV, add the following:

     SEC. 407. PROHIBITION ON FUEL SURCHARGES NOT CORRELATED TO 
                   COST OF AIR TRANSPORTATION.

       (a) In General.--Section 41712, as amended by this Act, is 
     further amended by adding at the end the following:
       ``(d) Prohibition on Fuel Surcharges Not Correlated to 
     Cost.--
       ``(1) In general.--It shall be an unfair or deceptive 
     practice under subsection (a) for an air carrier or foreign 
     air carrier to impose a fuel surcharge with respect to a 
     ticket for air transportation unless the amount of the fuel 
     surcharge correlates to the amount paid by the air carrier 
     for fuel and to the amount of fuel used by the air carrier to 
     provide the purchaser with such air transportation.
       ``(2) Determinations of correlation.--The Secretary of 
     Transportation, in consultation with the Administrator of the 
     Federal Aviation Administration, shall prescribe standards to 
     be used in determining under paragraph (1) whether a fuel 
     surcharge imposed by an air carrier correlates to the amount 
     paid by the air carrier for fuel and to the amount of fuel 
     used by the air carrier to provide air transportation.''.
       (b) Regulations.--The Secretary of Transportation, in 
     consultation with the Administrator of the Federal Aviation 
     Administration, shall prescribe such regulations as may be 
     necessary to carry out subsection (d) of section 41712 of 
     title 49, United States Code, as added by subsection (a) of 
     this section.
                                 ______
                                 
  SA 3506. Mr. MENENDEZ (for himself and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 3452 proposed by Mr. 
Rockefeller to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       At the end of subtitle A of title IV, add the following:

     SEC. 407. NOTIFICATION REQUIREMENTS WITH RESPECT TO THE SALE 
                   OF AIRLINE TICKETS.

       (a) In General.--The Office of Aviation Consumer Protection 
     and Enforcement of the Department of Transportation shall 
     establish rules to ensure that all consumers are able to 
     easily and fairly compare airfares and other costs applicable 
     to tickets for air transportation, including all taxes and 
     fees.
       (b) Notice of Taxes and Fees Applicable to Tickets for Air 
     Transportation.--Section 41712, as amended by this Act, is 
     further amended by adding at the end the following:
       ``(d) Notice of Taxes and Fees Applicable to Tickets for 
     Air Transportation.--
       ``(1) In general.--It shall be an unfair or deceptive 
     practice under subsection (a) for an air carrier, foreign air 
     carrier, or ticket agent to sell a ticket for air 
     transportation unless the air carrier, foreign air carrier, 
     or ticket agent, as the case may be--
       ``(A) displays information with respect to the taxes and 
     fees described in paragraph (2), including the amount and a 
     description of each such tax or fee, simultaneously with and 
     in reasonable proximity to the price listed for the ticket; 
     and
       ``(B) in the case of a ticket for air transportation sold 
     on the Internet, provides to the purchaser of the ticket 
     information with respect to the taxes and fees described in 
     paragraph (2), including the amount and a description of each 
     such tax or fee, before requiring the purchaser to provide 
     any personal information, including the name, address, phone 
     number, e-mail address, or credit card information of the 
     purchaser.
       ``(2) Taxes and fees described.--The taxes and fees 
     described in this paragraph are all taxes, fees, and charges 
     applicable to a ticket for air transportation, including--
       ``(A) all taxes, fees, charges, and surcharges included in 
     the price paid by a purchaser for the ticket, including fuel 
     surcharges and surcharges relating to peak or holiday travel; 
     and
       ``(B) any fees for checked baggage, seating assignments, 
     and optional in-flight goods and services, and other fees 
     that may be charged after the ticket is purchased.''.
       (c) Regulations.--The Secretary of Transportation, in 
     consultation with the Administrator of the Federal Aviation 
     Administration, shall prescribe such regulations as may be 
     necessary to carry out subsection (d) of section 41712 of 
     title 49, United States Code, as added by subsection (b) of 
     this section.
                                 ______
                                 
  SA 3507. Mr. JOHANNS submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:


[[Page 3246]]

       At the end of subtitle B of title V, add the following:

     SEC. 564. STUDY ON COSTS OF IMPROVEMENTS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     conduct a study and report to Congress on the costs and 
     benefits associated with required airport security 
     improvements, including the costs for airports to install 
     backscatter or other advanced scanning equipment, and the 
     additional capital expenditures airports will need to make to 
     accommodate the required improvements.
                                 ______
                                 
  SA 3508. Mr. JOHANNS submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 723. STUDY ON AVIATION FUEL PRICES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct a study and report to Congress on 
     the impact of increases in aviation fuel prices on the 
     Airport and Airway Trust Fund and the aviation industry in 
     general. The study shall include the impact of increases in 
     aviation fuel prices on--
       (1) general aviation;
       (2) commercial passenger aviation;
       (3) piston aircraft purchase and use;
       (4) the aviation services industry, including repair and 
     maintenance services;
       (5) aviation manufacturing;
       (6) aviation exports; and
       (7) the use of small airport installations.
       (b) Assumptions About Aviation Fuel Prices.--In conducting 
     the study required by subsection (a), the Comptroller General 
     shall use the average aviation fuel price for fiscal year 
     2010 as a baseline and measure the impact of increases in 
     aviation fuel prices that range from 5 percent to 200 percent 
     over the 2010 baseline.
                                 ______
                                 
  SA 3509. Mr. JOHANNS submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 77, strike lines 13 through 18, and insert the 
     following:
       (2)  IDENTIFICATION and measurement of benefits.--In the 
     report required by paragraph (1), the Administrator shall 
     identify actual benefits that will accrue to National 
     Airspace System users, small and medium-sized airports, and 
     general aviation users from deployment of ADS-B and provide 
     an explanation of the metrics used to quantify those 
     benefits.
                                 ______
                                 
  SA 3510. Mr. JOHANNS submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 80, after line 21, insert the following:
       (d) Conditional Extension of Deadlines for Equipping 
     Aircraft With ADS-B Technology.--
       (1) ADS-B out.--In the case that the Administrator fails to 
     complete the initial rulemaking described in subparagraph (A) 
     of subsection (b)(1) on or before the date that is 45 days 
     after the date of the enactment of this Act, the deadline 
     described in clause (ii) of such subparagraph shall be 
     extended by an amount of time that is equal to the amount of 
     time of the period beginning on the date that is 45 days 
     after the date of the enactment of this Act and ending on the 
     date on which the Administrator completes such initial 
     rulemaking.
       (2) ADS-B in.--In the case that the Administrator fails to 
     initiate the rulemaking required by paragraph (2) of 
     subsection (b) on or before the date that is 45 days after 
     the date of the enactment of this Act, the deadline described 
     in subparagraph (B) of such paragraph shall be extended by an 
     amount of time that is equal to the amount of time of the 
     period beginning on the date that is 45 days after the date 
     of the enactment of this Act and ending on the date on which 
     the Administrator initiates such rulemaking.
                                 ______
                                 
  SA 3511. Ms. CANTWELL submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 98, between lines 20 and 21, insert the following:

     SEC. 325. SEMIANNUAL REPORT ON STATUS OF GREENER SKIES 
                   PROJECT.

       (a) Initial Report.--Not later than 180 days after the date 
     of the enactment of this Act, the Administrator shall submit 
     to Congress a report on the strategy of the Administrator for 
     implementing, on an accelerated basis, the NextGen 
     operational capabilities produced by the Greener Skies 
     project, as recommended in the final report of the RTCA 
     NextGen Mid-Term Implementation Task Force that was issued on 
     September 9, 2009.
       (b) Subsequent Reports.--
       (1) In general.--Not later than 180 days after the 
     Administrator submits to Congress the report required by 
     subsection (a) and not less frequently than once every 180 
     days thereafter until September 30, 2011, the Administrator 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the progress of the Administrator 
     in carrying out the strategy described in the report 
     submitted under subsection (a).
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) A timeline for full implementation of the strategy 
     described in the report submitted under subsection (a).
       (B) A description of the progress made in carrying out such 
     strategy.
       (C) A description of the challenges, if any, encountered by 
     the Administrator in carrying out such strategy.
                                 ______
                                 
  SA 3512. Ms. CANTWELL submitted an amendment to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 279, after line 24, add the following:

     SEC. 7__. STUDIES OF NATURAL SOUNDSCAPE PRESERVATION.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (b) Study of Least Degraded National Park Service Natural 
     Soundscapes.--
       (1) In general.--The Secretary shall conduct a study to 
     identify National Park Service natural soundscape values and 
     resources, as defined by policies 4.9 and 8.2 of the 2006 
     Management Policies of the National Park Service.
       (2) Identification of lease degraded soundscapes.--In 
     conducting the study under paragraph (1), the Secretary shall 
     analyze and identify National Park Service natural 
     soundscapes that have been the least degraded by--
       (A) unnatural sounds; and
       (B) undesirable sounds cause by humans.
       (3) Technical assistance.--To the extent that the Secretary 
     has identified aviation or aircraft noise as 1 of the sources 
     of natural soundscapes degradation, the Secretary of 
     Transportation, acting through the Administrator, shall 
     provide technical assistance to the Secretary in carrying out 
     the study under paragraph (1).
       (c) Study of Preservation of Natural Soundscape 
     Resources.--To the extent that the Secretary has identified 
     aviation or aircraft noise as 1 of the sources of National 
     Park Service natural soundscapes degradation, the Secretary, 
     in coordination with the Secretary of Transportation (acting 
     through the Administrator), shall conduct a study to identify 
     methods to preserve the National Park Service natural 
     soundscapes that have been the least degraded by--
       (1) unnatural sounds; and
       (2) undesirable sounds caused by humans.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that--
       (1) describes the results of the studies conducted under 
     subsections (b) and (c); and
       (2) includes any recommendations that the Secretary 
     determines to be appropriate.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 3513. Mr. JOHANNS submitted an amendment intended to be proposed 
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 46, beginning on line 4, strike all through line 
     25, and insert the following:
       ``(C) 7 members representing aviation interests, as 
     follows:
       ``(i) 1 representative that is the chief executive officer 
     of an airport.
       ``(ii) 1 representative that is the chief executive officer 
     of a passenger or cargo air carrier.
       ``(iii) 1 representative of a labor organization 
     representing employees at the Federal

[[Page 3247]]

     Aviation Administration that are involved with the operation 
     of the air traffic control system.
       ``(iv) 1 representative with extensive operational 
     experience in the general aviation community.
       ``(v) 1 representative from an aircraft manufacturer.
       ``(vi) 1 representative of a labor organization 
     representing employees at the Federal Aviation Administration 
     who are involved with maintenance of the air traffic control 
     system.
       ``(vii) 1 representative that is the chief executive 
     officer of a small- or medium-sized airport.''.

                          ____________________




                           NOTICE OF HEARING


               Committee on Energy and Natural Resources

  Mr. BINGAMAN. Mr. President, I would like to announce for the 
information of the Senate and the public that a hearing has been 
scheduled before the Subcommittee on Public Lands and Forests. The 
hearing will be held on Tuesday, March 23, 2010, at 2:30 p.m., in room 
SD-366 of the Dirksen Senate Office Building.
  The purpose of the hearing is to receive testimony on the following 
bills:

       S. 1546, to provide for the conveyance of certain parcels 
     of land to the town of Mantua, Utah;
       S. 2798, to reduce the risk of catastrophic wildfire 
     through the facilitation of insect and disease infestation 
     treatment of National Forest System and adjacent land, and 
     for other purposes;
       S. 2830, to amend the Surface Mining Control and 
     Reclamation Act of 1977 to clarify that uncertified States 
     and Indian tribes have the authority to use certain payments 
     for certain noncoal reclamation projects; and
       S. 2963, to designate certain land in the State of Oregon 
     as wilderness, to provide for the exchange of certain Federal 
     land and non-Federal land, and for other purposes.

  Because of the limited time available for the hearing, witnesses may 
testify by invitation only. However, those wishing to submit written 
testimony for the hearing record should send it to the Committee on 
Energy and Natural Resources, United States Senate, Washington, DC 
20510-6150, or by email to [email protected]
.gov.
  For further information, please contact Scott Miller at (202) 224-
5488 or David Brooks at (202) 224-9863.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


                      Committee on Armed Services

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
Committee on Armed services be authorized to meet during the session of 
the Senate on March 11, 2010, at 9 a.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


               Committee on Energy and Natural Resources

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
Committee on Energy and Natural Resources be authorized to meet during 
the session of the Senate on March 11, at 10 a.m., in room SD-366 of 
the Dirksen Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


               Committee on Environment and Public Works

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
Committee on Environment and Public Works be authorized to meet during 
the session of the Senate on March 11, 2010, at 10 a.m., in room 406 of 
the Dirksen Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     Committee on Foreign Relations

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
Committee on Foreign Relations be authorized to meet during the session 
of the Senate on March 11, 2010, at 2:30 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


          Committee on Health, Education, Labor, and Pensions

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
Committee on Health, Education, Labor, and Pensions be authorized to 
meet, during the session of the Senate, to conduct a hearing entitled 
``A Fair Share for All: Pay Equity in the New American Workplace'' on 
March 11, 2010. The hearing will commence at 10 a.m. in room 430 of the 
Dirksen Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Committee on the Judiciary

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
Committee on the Judiciary be authorized to meet during the session of 
the Senate, on March 11, 2010, at 10 a.m. in SD-226 of the Dirksen 
Senate Office Building, to conduct an executive business meeting.
  The PRESIDING OFFICER. Without objection, it is so ordered.


 Ad Hoc Subcommittee on State, Local, and Private Sector Preparedness 
                            and Integration

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Ad 
Hoc Subcommittee on State, Local, and Private Sector Preparedness and 
Integration of the Homeland Security and Governmental Affairs be 
authorized to meet during the session of the Senate on March 11, 2010, 
at 11 a.m. to conduct a hearing entitled, ``New Border War: Corruption 
of U.S. Officials by Drug Cartels.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Select Committee on Intelligence

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
Select Committee on Intelligence be authorized to meet during the 
session of the Senate on March 11, 2010, at 2:30 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


      Subcommittee on communications, Technology, and the Internet

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
Subcommittee on Communications, Technology, and the Internet of the 
Committee on Commerce, Science, and Transportation be authorized to 
meet during the session of the Senate on March 11, 2010, at 10 a.m., in 
room 253 of the Russell Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that Chris 
Goble, a legislative fellow with the Senate Finance Committee, be 
granted the privilege of the floor during the consideration of H.R. 
1586.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2010

  Mr. DURBIN. Mr. President, I ask the Chair to lay before the Senate a 
message from the House with respect to H.R. 2847, the Commerce, 
Justice, Science Appropriations Act.
  The PRESIDING OFFICER. The Chair lays before the Senate a message 
from the House.
  The legislative clerk read as follows:

       Resolved, that the House agree to the amendment of the 
     Senate to the amendment of the House to the amendment of the 
     Senate to the bill (H.R. 2847) entitled ``An Act making 
     appropriations for the Departments of Commerce and Justice 
     and Science, and Related Agencies for fiscal year ending 
     September 30, 2010, and for other purposes,'' with a House 
     amendment to the Senate amendment to the House amendment to 
     the Senate amendment.

                             Cloture Motion

  Mr. DURBIN. I move to concur in the House amendments to the Senate 
amendment to the House amendment to the Senate amendment to the bill, 
and I have a cloture motion at the desk on the motion to concur.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the motion to 
     concur in the House amendments to the Senate amendment to the 
     House amendment to the Senate amendment to H.R. 2847, the 
     Commerce, Justice, Science Appropriations Act.
         Byron L. Dorgan, Carl Levin, Dianne Feinstein, Jack Reed, 
           Mark R. Warner,

[[Page 3248]]

           Patrick J. Leahy, Benjamin L. Cardin, Debbie Stabenow, 
           Daniel K. Akaka, Robert P. Casey, Jr., Michael F. 
           Bennet, Maria Cantwell, John D. Rockefeller, IV, 
           Barbara Boxer, Charles E. Schumer, Patty Murray, 
           Christopher J. Dodd.


                           Amendment No. 3498

  Mr. DURBIN. I move to concur in the House amendments to the Senate 
amendment to the House amendment to the Senate amendment to the bill 
with an amendment which is at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Illinois [Mr. Durbin] moves to concur in 
     the House amendments to the Senate amendment to the House 
     amendment to the Senate amendment with an amendment numbered 
     3498.

  The amendment is as follows:

       On page 3, in the first House amendment strike

            ``SUBTITLE E--DISADVANTAGED BUSINESS ENTERPRISES

     SEC 451. DISADVANTAGED BUSINESS ENTERPRISES.''

       and insert

           ``SUBTITLE E--UNPROFITABLE BUSINESS ENTERPRISES''

  Mr. DURBIN. I ask for the yeas and nays on the amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be.
  The yeas and nays were ordered.


                Amendment No. 3499 to Amendment No. 3498

  Mr. DURBIN. I send a second-degree amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Illinois [Mr. Durbin] proposes an 
     amendment numbered 3499 to amendment No. 3498.

  The amendment is as follows:

       At the end of the pending amendment insert the following:

     SEC. 451. UNPROFITABLE BUSINESS ENTERPRISES.

  Mr. DURBIN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be.
  The yeas and nays were ordered.


                           Amendment No. 3500

  Mr. DURBIN. I have a motion to refer with instructions at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Illinois [Mr. Durbin] moves to refer the 
     House message to the Senate Committee on Appropriations with 
     instructions to report back forthwith with the following 
     amendment numbered 3500.

  The amendment is as follows:

       At the end, insert the following:
       The Senate Committee on Appropriations is requested to 
     study the impact of any delays in enactment on the creation 
     of any jobs on a regional basis.

  Mr. DURBIN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be.
  The yeas and nays were ordered.


                Amendment No. 3501 to Amendment No. 3500

  Mr. DURBIN. I have an amendment to my instructions at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Illinois [Mr. Durbin] proposes an 
     amendment numbered 3501 to the instructions to refer H.R. 
     2847.

  The amendment is as follows:

       At the end, insert the following:
       ``and include any local statistics.''

  Mr. DURBIN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be.
  The yeas and nays were ordered.


                Amendment No. 3502 to Amendment No. 3501

  Mr. DURBIN. I have a second-degree amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Illinois [Mr. Durbin] proposes an 
     amendment numbered 3502 to Amendment No. 3501.

  The amendment is as follows:

       At the end, insert the following:
       ``including specific information on the types of jobs 
     created.

  Mr. DURBIN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be.
  The yeas and nays were ordered.
  Mr. DURBIN. I ask unanimous consent that the mandatory quorum be 
waived with respect to the cloture motion and that the cloture vote 
occur at 5:30 p.m. on Monday, March 15.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




             PREVENT ALL CIGARETTE TRAFFICKING ACT OF 2009

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 216, S. 1147.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1147) to prevent tobacco smuggling, to ensure 
     the collection of all tobacco taxes, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on the Judiciary with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.

       (a) Short Title.--This Act may be cited as the ``Prevent 
     All Cigarette Trafficking Act of 2009'' or ``PACT Act''.
       (b) Findings.--Congress finds that--
       (1) the sale of illegal cigarettes and smokeless tobacco 
     products significantly reduces Federal, State, and local 
     government revenues, with Internet sales alone accounting for 
     billions of dollars of lost Federal, State, and local tobacco 
     tax revenue each year;
       (2) Hezbollah, Hamas, al Qaeda, and other terrorist 
     organizations have profited from trafficking in illegal 
     cigarettes or counterfeit cigarette tax stamps;
       (3) terrorist involvement in illicit cigarette trafficking 
     will continue to grow because of the large profits such 
     organizations can earn;
       (4) the sale of illegal cigarettes and smokeless tobacco 
     over the Internet, and through mail, fax, or phone orders, 
     makes it cheaper and easier for children to obtain tobacco 
     products;
       (5) the majority of Internet and other remote sales of 
     cigarettes and smokeless tobacco are being made without 
     adequate precautions to protect against sales to children, 
     without the payment of applicable taxes, and without 
     complying with the nominal registration and reporting 
     requirements in existing Federal law;
       (6) unfair competition from illegal sales of cigarettes and 
     smokeless tobacco is taking billions of dollars of sales away 
     from law-abiding retailers throughout the United States;
       (7) with rising State and local tobacco tax rates, the 
     incentives for the illegal sale of cigarettes and smokeless 
     tobacco have increased;
       (8) the number of active tobacco investigations being 
     conducted by the Bureau of Alcohol, Tobacco, Firearms, and 
     Explosives rose to 452 in 2005;
       (9) the number of Internet vendors in the United States and 
     in foreign countries that sell cigarettes and smokeless 
     tobacco to buyers in the United States increased from only 
     about 40 in 2000 to more than 500 in 2005; and
       (10) the intrastate sale of illegal cigarettes and 
     smokeless tobacco over the Internet has a substantial effect 
     on interstate commerce.
       (c) Purposes.--It is the purpose of this Act to--
       (1) require Internet and other remote sellers of cigarettes 
     and smokeless tobacco to comply with the same laws that apply 
     to law-abiding tobacco retailers;
       (2) create strong disincentives to illegal smuggling of 
     tobacco products;
       (3) provide government enforcement officials with more 
     effective enforcement tools to combat tobacco smuggling;
       (4) make it more difficult for cigarette and smokeless 
     tobacco traffickers to engage in and profit from their 
     illegal activities;
       (5) increase collections of Federal, State, and local 
     excise taxes on cigarettes and smokeless tobacco; and
       (6) prevent and reduce youth access to inexpensive 
     cigarettes and smokeless tobacco through illegal Internet or 
     contraband sales.

     SEC. 2. COLLECTION OF STATE CIGARETTE AND SMOKELESS TOBACCO 
                   TAXES.

       (a) Definitions.--The Act of October 19, 1949 (15 U.S.C. 
     375 et seq.; commonly referred to as the ``Jenkins Act'') 
     (referred to in this Act as the ``Jenkins Act''), is amended 
     by striking the first section and inserting the following:

     ``SECTION 1. DEFINITIONS.

       ``As used in this Act, the following definitions apply:
       ``(1) Attorney general.--The term `attorney general', with 
     respect to a State, means the attorney general or other chief 
     law enforcement officer of the State.
       ``(2) Cigarette.--
       ``(A) In general.--The term `cigarette'--

[[Page 3249]]

       ``(i) has the meaning given that term in section 2341 of 
     title 18, United States Code; and
       ``(ii) includes roll-your-own tobacco (as defined in 
     section 5702 of the Internal Revenue Code of 1986).
       ``(B) Exception.--The term `cigarette' does not include a 
     cigar (as defined in section 5702 of the Internal Revenue 
     Code of 1986).
       ``(3) Common carrier.--The term `common carrier' means any 
     person (other than a local messenger service or the United 
     States Postal Service) that holds itself out to the general 
     public as a provider for hire of the transportation by water, 
     land, or air of merchandise (regardless of whether the person 
     actually operates the vessel, vehicle, or aircraft by which 
     the transportation is provided) between a port or place and a 
     port or place in the United States.
       ``(4) Consumer.--The term `consumer'--
       ``(A) means any person that purchases cigarettes or 
     smokeless tobacco; and
       ``(B) does not include any person lawfully operating as a 
     manufacturer, distributor, wholesaler, or retailer of 
     cigarettes or smokeless tobacco.
       ``(5) Delivery sale.--The term `delivery sale' means any 
     sale of cigarettes or smokeless tobacco to a consumer if--
       ``(A) the consumer submits the order for the sale by means 
     of a telephone or other method of voice transmission, the 
     mails, or the Internet or other online service, or the seller 
     is otherwise not in the physical presence of the buyer when 
     the request for purchase or order is made; or
       ``(B) the cigarettes or smokeless tobacco are delivered to 
     the buyer by common carrier, private delivery service, or 
     other method of remote delivery, or the seller is not in the 
     physical presence of the buyer when the buyer obtains 
     possession of the cigarettes or smokeless tobacco.
       ``(6) Delivery seller.--The term `delivery seller' means a 
     person who makes a delivery sale.
       ``(7) Indian country.--The term `Indian country'--
       ``(A) has the meaning given that term in section 1151 of 
     title 18, United States Code, except that within the State of 
     Alaska that term applies only to the Metlakatla Indian 
     Community, Annette Island Reserve; and
       ``(B) includes any other land held by the United States in 
     trust or restricted status for one or more Indian tribes.
       ``(8) Indian tribe.--The term `Indian tribe', `tribe', or 
     `tribal' refers to an Indian tribe as defined in section 4(e) 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b(e)) or as listed pursuant to section 104 of 
     the Federally Recognized Indian Tribe List Act of 1994 (25 
     U.S.C. 479a-1).
       ``(9) Interstate commerce.--
       ``(A) In general.--The term `interstate commerce' means 
     commerce between a State and any place outside the State, 
     commerce between a State and any Indian country in the State, 
     or commerce between points in the same State but through any 
     place outside the State or through any Indian country.
       ``(B) Into a state, place, or locality.--A sale, shipment, 
     or transfer of cigarettes or smokeless tobacco that is made 
     in interstate commerce, as defined in this paragraph, shall 
     be deemed to have been made into the State, place, or 
     locality in which such cigarettes or smokeless tobacco are 
     delivered.
       ``(10) Person.--The term `person' means an individual, 
     corporation, company, association, firm, partnership, 
     society, State government, local government, Indian tribal 
     government, governmental organization of such a government, 
     or joint stock company.
       ``(11) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, or any territory or possession 
     of the United States.
       ``(12) Smokeless tobacco.--The term `smokeless tobacco' 
     means any finely cut, ground, powdered, or leaf tobacco, or 
     other product containing tobacco, that is intended to be 
     placed in the oral or nasal cavity or otherwise consumed 
     without being combusted.
       ``(13) Tobacco tax administrator.--The term `tobacco tax 
     administrator' means the State, local, or tribal official 
     duly authorized to collect the tobacco tax or administer the 
     tax law of a State, locality, or tribe, respectively.
       ``(14) Use.--The term `use' includes the consumption, 
     storage, handling, or disposal of cigarettes or smokeless 
     tobacco.''.
       (b) Reports to State Tobacco Tax Administrators.--Section 2 
     of the Jenkins Act (15 U.S.C. 376) is amended--
       (1) by striking ``cigarettes'' each place it appears and 
     inserting ``cigarettes or smokeless tobacco'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by inserting ``Contents.--'' after ``(a)'';
       (ii) by striking ``or transfers'' and inserting ``, 
     transfers, or ships'';
       (iii) by inserting ``, locality, or Indian country of an 
     Indian tribe'' after ``a State'';
       (iv) by striking ``to other than a distributor licensed by 
     or located in such State,''; and
       (v) by striking ``or transfer and shipment'' and inserting 
     ``, transfer, or shipment'';
       (B) in paragraph (1)--
       (i) by striking ``with the tobacco tax administrator of the 
     State'' and inserting ``with the Attorney General of the 
     United States and with the tobacco tax administrators of the 
     State and place''; and
       (ii) by striking ``; and'' and inserting the following: ``, 
     as well as telephone numbers for each place of business, a 
     principal electronic mail address, any website addresses, and 
     the name, address, and telephone number of an agent in the 
     State authorized to accept service on behalf of the 
     person;'';
       (C) in paragraph (2), by striking ``and the quantity 
     thereof.'' and inserting ``the quantity thereof, and the 
     name, address, and phone number of the person delivering the 
     shipment to the recipient on behalf of the delivery seller, 
     with all invoice or memoranda information relating to 
     specific customers to be organized by city or town and by zip 
     code; and''; and
       (D) by adding at the end the following:
       ``(3) with respect to each memorandum or invoice filed with 
     a State under paragraph (2), also file copies of the 
     memorandum or invoice with the tobacco tax administrators and 
     chief law enforcement officers of the local governments and 
     Indian tribes operating within the borders of the State that 
     apply their own local or tribal taxes on cigarettes or 
     smokeless tobacco.'';
       (3) in subsection (b)--
       (A) by inserting ``Presumptive Evidence.--'' after ``(b)'';
       (B) by striking ``(1) that'' and inserting ``that''; and
       (C) by striking ``, and (2)'' and all that follows and 
     inserting a period; and
       (4) by adding at the end the following:
       ``(c) Use of Information.--A tobacco tax administrator or 
     chief law enforcement officer who receives a memorandum or 
     invoice under paragraph (2) or (3) of subsection (a) shall 
     use the memorandum or invoice solely for the purposes of the 
     enforcement of this Act and the collection of any taxes owed 
     on related sales of cigarettes and smokeless tobacco, and 
     shall keep confidential any personal information in the 
     memorandum or invoice except as required for such 
     purposes.''.
       (c) Requirements for Delivery Sales.--The Jenkins Act is 
     amended by inserting after section 2 the following:

     ``SEC. 2A. DELIVERY SALES.

       ``(a) In General.--With respect to delivery sales into a 
     specific State and place, each delivery seller shall comply 
     with--
       ``(1) the shipping requirements set forth in subsection 
     (b);
       ``(2) the recordkeeping requirements set forth in 
     subsection (c);
       ``(3) all State, local, tribal, and other laws generally 
     applicable to sales of cigarettes or smokeless tobacco as if 
     the delivery sales occurred entirely within the specific 
     State and place, including laws imposing--
       ``(A) excise taxes;
       ``(B) licensing and tax-stamping requirements;
       ``(C) restrictions on sales to minors; and
       ``(D) other payment obligations or legal requirements 
     relating to the sale, distribution, or delivery of cigarettes 
     or smokeless tobacco; and
       ``(4) the tax collection requirements set forth in 
     subsection (d).
       ``(b) Shipping and Packaging.--
       ``(1) Required statement.--For any shipping package 
     containing cigarettes or smokeless tobacco, the delivery 
     seller shall include on the bill of lading, if any, and on 
     the outside of the shipping package, on the same surface as 
     the delivery address, a clear and conspicuous statement 
     providing as follows: `CIGARETTES/SMOKELESS TOBACCO: FEDERAL 
     LAW REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND 
     COMPLIANCE WITH APPLICABLE LICENSING AND TAX-STAMPING 
     OBLIGATIONS'.
       ``(2) Failure to label.--Any shipping package described in 
     paragraph (1) that is not labeled in accordance with that 
     paragraph shall be treated as nondeliverable matter by a 
     common carrier or other delivery service, if the common 
     carrier or other delivery service knows or should know the 
     package contains cigarettes or smokeless tobacco. If a common 
     carrier or other delivery service believes a package is being 
     submitted for delivery in violation of paragraph (1), it may 
     require the person submitting the package for delivery to 
     establish that it is not being sent in violation of paragraph 
     (1) before accepting the package for delivery. Nothing in 
     this paragraph shall require the common carrier or other 
     delivery service to open any package to determine its 
     contents.
       ``(3) Weight restriction.--A delivery seller shall not 
     sell, offer for sale, deliver, or cause to be delivered in 
     any single sale or single delivery any cigarettes or 
     smokeless tobacco weighing more than 10 pounds.
       ``(4) Age verification.--
       ``(A) In general.--A delivery seller who mails or ships 
     tobacco products--
       ``(i) shall not sell, deliver, or cause to be delivered any 
     tobacco products to a person under the minimum age required 
     for the legal sale or purchase of tobacco products, as 
     determined by the applicable law at the place of delivery;
       ``(ii) shall use a method of mailing or shipping that 
     requires--

       ``(I) the purchaser placing the delivery sale order, or an 
     adult who is at least the minimum age required for the legal 
     sale or purchase of tobacco products, as determined by the 
     applicable law at the place of delivery, to sign to accept 
     delivery of the shipping container at the delivery address; 
     and
       ``(II) the person who signs to accept delivery of the 
     shipping container to provide proof, in the form of a valid, 
     government-issued identification bearing a photograph of the 
     individual, that the person is at least the minimum age 
     required for the legal sale or purchase of tobacco products, 
     as determined by the applicable law at the place of delivery; 
     and

       ``(iii) shall not accept a delivery sale order from a 
     person without--

       ``(I) obtaining the full name, birth date, and residential 
     address of that person; and

[[Page 3250]]

       ``(II) verifying the information provided in subclause (I), 
     through the use of a commercially available database or 
     aggregate of databases, consisting primarily of data from 
     government sources, that are regularly used by government and 
     businesses for the purpose of age and identity verification 
     and authentication, to ensure that the purchaser is at least 
     the minimum age required for the legal sale or purchase of 
     tobacco products, as determined by the applicable law at the 
     place of delivery.

       ``(B) Limitation.--No database being used for age and 
     identity verification under subparagraph (A)(iii) shall be in 
     the possession or under the control of the delivery seller, 
     or be subject to any changes or supplementation by the 
     delivery seller.
       ``(c) Records.--
       ``(1) In general.--Each delivery seller shall keep a record 
     of any delivery sale, including all of the information 
     described in section 2(a)(2), organized by the State, and 
     within the State, by the city or town and by zip code, into 
     which the delivery sale is so made.
       ``(2) Record retention.--Records of a delivery sale shall 
     be kept as described in paragraph (1) until the end of the 
     4th full calendar year that begins after the date of the 
     delivery sale.
       ``(3) Access for officials.--Records kept under paragraph 
     (1) shall be made available to tobacco tax administrators of 
     the States, to local governments and Indian tribes that apply 
     local or tribal taxes on cigarettes or smokeless tobacco, to 
     the attorneys general of the States, to the chief law 
     enforcement officers of the local governments and Indian 
     tribes, and to the Attorney General of the United States in 
     order to ensure the compliance of persons making delivery 
     sales with the requirements of this Act.
       ``(d) Delivery.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     delivery seller may sell or deliver to any consumer, or 
     tender to any common carrier or other delivery service, any 
     cigarettes or smokeless tobacco pursuant to a delivery sale 
     unless, in advance of the sale, delivery, or tender--
       ``(A) any cigarette or smokeless tobacco excise tax that is 
     imposed by the State in which the cigarettes or smokeless 
     tobacco are to be delivered has been paid to the State;
       ``(B) any cigarette or smokeless tobacco excise tax that is 
     imposed by the local government of the place in which the 
     cigarettes or smokeless tobacco are to be delivered has been 
     paid to the local government; and
       ``(C) any required stamps or other indicia that the excise 
     tax has been paid are properly affixed or applied to the 
     cigarettes or smokeless tobacco.
       ``(2) Exception.--Paragraph (1) does not apply to a 
     delivery sale of smokeless tobacco if the law of the State or 
     local government of the place where the smokeless tobacco is 
     to be delivered requires or otherwise provides that delivery 
     sellers collect the excise tax from the consumer and remit 
     the excise tax to the State or local government, and the 
     delivery seller complies with the requirement.
       ``(e) List of Unregistered or Noncompliant Delivery 
     Sellers.--
       ``(1) In general.--
       ``(A) Initial list.--Not later than 90 days after this 
     subsection goes into effect under the Prevent All Cigarette 
     Trafficking Act of 2009, the Attorney General of the United 
     States shall compile a list of delivery sellers of cigarettes 
     or smokeless tobacco that have not registered with the 
     Attorney General of the United States pursuant to section 
     2(a), or that are otherwise not in compliance with this Act, 
     and--
       ``(i) distribute the list to--

       ``(I) the attorney general and tax administrator of every 
     State;
       ``(II) common carriers and other persons that deliver small 
     packages to consumers in interstate commerce, including the 
     United States Postal Service; and
       ``(III) any other person that the Attorney General of the 
     United States determines can promote the effective 
     enforcement of this Act; and

       ``(ii) publicize and make the list available to any other 
     person engaged in the business of interstate deliveries or 
     who delivers cigarettes or smokeless tobacco in or into any 
     State.
       ``(B) List contents.--To the extent known, the Attorney 
     General of the United States shall include, for each delivery 
     seller on the list described in subparagraph (A)--
       ``(i) all names the delivery seller uses or has used in the 
     transaction of its business or on packages delivered to 
     customers;
       ``(ii) all addresses from which the delivery seller does or 
     has done business, or ships or has shipped cigarettes or 
     smokeless tobacco;
       ``(iii) the website addresses, primary e-mail address, and 
     phone number of the delivery seller; and
       ``(iv) any other information that the Attorney General of 
     the United States determines would facilitate compliance with 
     this subsection by recipients of the list.
       ``(C) Updating.--The Attorney General of the United States 
     shall update and distribute the list described in 
     subparagraph (A) at least once every 4 months, and may 
     distribute the list and any updates by regular mail, 
     electronic mail, or any other reasonable means, or by 
     providing recipients with access to the list through a 
     nonpublic website that the Attorney General of the United 
     States regularly updates.
       ``(D) State, local, or tribal additions.--The Attorney 
     General of the United States shall include in the list 
     described in subparagraph (A) any noncomplying delivery 
     sellers identified by any State, local, or tribal government 
     under paragraph (6), and shall distribute the list to the 
     attorney general or chief law enforcement official and the 
     tax administrator of any government submitting any such 
     information, and to any common carriers or other persons who 
     deliver small packages to consumers identified by any 
     government pursuant to paragraph (6).
       ``(E) Accuracy and completeness of list of noncomplying 
     delivery sellers.--In preparing and revising the list 
     described in subparagraph (A), the Attorney General of the 
     United States shall--
       ``(i) use reasonable procedures to ensure maximum possible 
     accuracy and completeness of the records and information 
     relied on for the purpose of determining that a delivery 
     seller is not in compliance with this Act;
       ``(ii) not later than 14 days before including a delivery 
     seller on the list, make a reasonable attempt to send notice 
     to the delivery seller by letter, electronic mail, or other 
     means that the delivery seller is being placed on the list, 
     which shall cite the relevant provisions of this Act and the 
     specific reasons for which the delivery seller is being 
     placed on the list;
       ``(iii) provide an opportunity to the delivery seller to 
     challenge placement on the list;
       ``(iv) investigate each challenge described in clause (iii) 
     by contacting the relevant Federal, State, tribal, and local 
     law enforcement officials, and provide the specific findings 
     and results of the investigation to the delivery seller not 
     later than 30 days after the date on which the challenge is 
     made; and
       ``(v) if the Attorney General of the United States 
     determines that the basis for including a delivery seller on 
     the list is inaccurate, based on incomplete information, or 
     cannot be verified, promptly remove the delivery seller from 
     the list as appropriate and notify each appropriate Federal, 
     State, tribal, and local authority of the determination.
       ``(F) Confidentiality.--The list described in subparagraph 
     (A) shall be confidential, and any person receiving the list 
     shall maintain the confidentiality of the list and may 
     deliver the list, for enforcement purposes, to any government 
     official or to any common carrier or other person that 
     delivers tobacco products or small packages to consumers. 
     Nothing in this section shall prohibit a common carrier, the 
     United States Postal Service, or any other person receiving 
     the list from discussing with a listed delivery seller the 
     inclusion of the delivery seller on the list and the 
     resulting effects on any services requested by the listed 
     delivery seller.
       ``(2) Prohibition on delivery.--
       ``(A) In general.--Commencing on the date that is 60 days 
     after the date of the initial distribution or availability of 
     the list described in paragraph (1)(A), no person who 
     receives the list under paragraph (1), and no person who 
     delivers cigarettes or smokeless tobacco to consumers, shall 
     knowingly complete, cause to be completed, or complete its 
     portion of a delivery of any package for any person whose 
     name and address are on the list, unless--
       ``(i) the person making the delivery knows or believes in 
     good faith that the item does not include cigarettes or 
     smokeless tobacco;
       ``(ii) the delivery is made to a person lawfully engaged in 
     the business of manufacturing, distributing, or selling 
     cigarettes or smokeless tobacco; or
       ``(iii) the package being delivered weighs more than 100 
     pounds and the person making the delivery does not know or 
     have reasonable cause to believe that the package contains 
     cigarettes or smokeless tobacco.
       ``(B) Implementation of updates.--Commencing on the date 
     that is 30 days after the date of the distribution or 
     availability of any updates or corrections to the list 
     described in paragraph (1)(A), all recipients and all common 
     carriers or other persons that deliver cigarettes or 
     smokeless tobacco to consumers shall be subject to 
     subparagraph (A) in regard to the corrections or updates.
       ``(3) Exemptions.--
       ``(A) In general.--Subsection (b)(2) and any requirements 
     or restrictions placed directly on common carriers under this 
     subsection, including subparagraphs (A) and (B) of paragraph 
     (2), shall not apply to a common carrier that--
       ``(i) is subject to a settlement agreement described in 
     subparagraph (B); or
       ``(ii) if a settlement agreement described in subparagraph 
     (B) to which the common carrier is a party is terminated or 
     otherwise becomes inactive, is administering and enforcing 
     policies and practices throughout the United States that are 
     at least as stringent as the agreement.
       ``(B) Settlement agreement.--A settlement agreement 
     described in this subparagraph--
       ``(i) is a settlement agreement relating to tobacco product 
     deliveries to consumers; and
       ``(ii) includes--

       ``(I) the Assurance of Discontinuance entered into by the 
     Attorney General of New York and DHL Holdings USA, Inc. and 
     DHL Express (USA), Inc. on or about July 1, 2005, the 
     Assurance of Discontinuance entered into by the Attorney 
     General of New York and United Parcel Service, Inc. on or 
     about October 21, 2005, and the Assurance of Compliance 
     entered into by the Attorney General of New York and Federal 
     Express Corporation and FedEx Ground Package Systems, Inc. on 
     or about February 3, 2006, if each of those agreements is 
     honored throughout the United States to block illegal 
     deliveries of cigarettes or smokeless tobacco to consumers; 
     and
       ``(II) any other active agreement between a common carrier 
     and a State that operates throughout the United States to 
     ensure that no deliveries of cigarettes or smokeless tobacco 
     shall be made to consumers or illegally operating Internet or 
     mail-order sellers and that any such

[[Page 3251]]

     deliveries to consumers shall not be made to minors or 
     without payment to the States and localities where the 
     consumers are located of all taxes on the tobacco products.

       ``(4) Shipments from persons on list.--
       ``(A) In general.--If a common carrier or other delivery 
     service delays or interrupts the delivery of a package in the 
     possession of the common carrier or delivery service because 
     the common carrier or delivery service determines or has 
     reason to believe that the person ordering the delivery is on 
     a list described in paragraph (1)(A) and that clauses (i), 
     (ii), and (iii) of paragraph (2)(A) do not apply--
       ``(i) the person ordering the delivery shall be obligated 
     to pay--

       ``(I) the common carrier or other delivery service as if 
     the delivery of the package had been timely completed; and
       ``(II) if the package is not deliverable, any reasonable 
     additional fee or charge levied by the common carrier or 
     other delivery service to cover any extra costs and 
     inconvenience and to serve as a disincentive against such 
     noncomplying delivery orders; and

       ``(ii) if the package is determined not to be deliverable, 
     the common carrier or other delivery service shall offer to 
     provide the package and its contents to a Federal, State, or 
     local law enforcement agency.
       ``(B) Records.--A common carrier or other delivery service 
     shall maintain, for a period of 5 years, any records kept in 
     the ordinary course of business relating to any delivery 
     interrupted under this paragraph and provide that 
     information, upon request, to the Attorney General of the 
     United States or to the attorney general or chief law 
     enforcement official or tax administrator of any State, 
     local, or tribal government.
       ``(C) Confidentiality.--Any person receiving records under 
     subparagraph (B) shall--
       ``(i) use the records solely for the purposes of the 
     enforcement of this Act and the collection of any taxes owed 
     on related sales of cigarettes and smokeless tobacco; and
       ``(ii) keep confidential any personal information in the 
     records not otherwise required for such purposes.
       ``(5) Preemption.--
       ``(A) In general.--No State, local, or tribal government, 
     nor any political authority of 2 or more State, local, or 
     tribal governments, may enact or enforce any law or 
     regulation relating to delivery sales that restricts 
     deliveries of cigarettes or smokeless tobacco to consumers by 
     common carriers or other delivery services on behalf of 
     delivery sellers by--
       ``(i) requiring that the common carrier or other delivery 
     service verify the age or identity of the consumer accepting 
     the delivery by requiring the person who signs to accept 
     delivery of the shipping container to provide proof, in the 
     form of a valid, government-issued identification bearing a 
     photograph of the individual, that the person is at least the 
     minimum age required for the legal sale or purchase of 
     tobacco products, as determined by either State or local law 
     at the place of delivery;
       ``(ii) requiring that the common carrier or other delivery 
     service obtain a signature from the consumer accepting the 
     delivery;
       ``(iii) requiring that the common carrier or other delivery 
     service verify that all applicable taxes have been paid;
       ``(iv) requiring that packages delivered by the common 
     carrier or other delivery service contain any particular 
     labels, notice, or markings; or
       ``(v) prohibiting common carriers or other delivery 
     services from making deliveries on the basis of whether the 
     delivery seller is or is not identified on any list of 
     delivery sellers maintained and distributed by any entity 
     other than the Federal Government.
       ``(B) Relationship to other laws.--Except as provided in 
     subparagraph (C), nothing in this paragraph shall be 
     construed to nullify, expand, restrict, or otherwise amend or 
     modify--
       ``(i) section 14501(c)(1) or 41713(b)(4) of title 49, 
     United States Code;
       ``(ii) any other restrictions in Federal law on the ability 
     of State, local, or tribal governments to regulate common 
     carriers; or
       ``(iii) any provision of State, local, or tribal law 
     regulating common carriers that is described in section 
     14501(c)(2) or 41713(b)(4)(B) of title 49 of the United 
     States Code.
       ``(C) State laws prohibiting delivery sales.--
       ``(i) In general.--Except as provided in clause (ii), 
     nothing in the Prevent All Cigarette Trafficking Act of 2009, 
     the amendments made by that Act, or in any other Federal 
     statute shall be construed to preempt, supersede, or 
     otherwise limit or restrict State laws prohibiting the 
     delivery sale, or the shipment or delivery pursuant to a 
     delivery sale, of cigarettes or other tobacco products to 
     individual consumers or personal residences.
       ``(ii) Exemptions.--No State may enforce against a common 
     carrier a law prohibiting the delivery of cigarettes or other 
     tobacco products to individual consumers or personal 
     residences without proof that the common carrier is not 
     exempt under paragraph (3) of this subsection.
       ``(6) State, local, and tribal additions.--
       ``(A) In general.--Any State, local, or tribal government 
     shall provide the Attorney General of the United States 
     with--
       ``(i) all known names, addresses, website addresses, and 
     other primary contact information of any delivery seller 
     that--

       ``(I) offers for sale or makes sales of cigarettes or 
     smokeless tobacco in or into the State, locality, or tribal 
     land; and
       ``(II) has failed to register with or make reports to the 
     respective tax administrator as required by this Act, or that 
     has been found in a legal proceeding to have otherwise failed 
     to comply with this Act; and

       ``(ii) a list of common carriers and other persons who make 
     deliveries of cigarettes or smokeless tobacco in or into the 
     State, locality, or tribal land.
       ``(B) Updates.--Any government providing a list to the 
     Attorney General of the United States under subparagraph (A) 
     shall also provide updates and corrections every 4 months 
     until such time as the government notifies the Attorney 
     General of the United States in writing that the government 
     no longer desires to submit information to supplement the 
     list described in paragraph (1)(A).
       ``(C) Removal after withdrawal.--Upon receiving written 
     notice that a government no longer desires to submit 
     information under subparagraph (A), the Attorney General of 
     the United States shall remove from the list described in 
     paragraph (1)(A) any persons that are on the list solely 
     because of the prior submissions of the government of the 
     list of the government of noncomplying delivery sellers of 
     cigarettes or smokeless tobacco or a subsequent update or 
     correction by the government.
       ``(7) Deadline to incorporate additions.--The Attorney 
     General of the United States shall--
       ``(A) include any delivery seller identified and submitted 
     by a State, local, or tribal government under paragraph (6) 
     in any list or update that is distributed or made available 
     under paragraph (1) on or after the date that is 30 days 
     after the date on which the information is received by the 
     Attorney General of the United States; and
       ``(B) distribute any list or update described in 
     subparagraph (A) to any common carrier or other person who 
     makes deliveries of cigarettes or smokeless tobacco that has 
     been identified and submitted by a government pursuant to 
     paragraph (6).
       ``(8) Notice to delivery sellers.--Not later than 14 days 
     before including any delivery seller on the initial list 
     described in paragraph (1)(A), or on an update to the list 
     for the first time, the Attorney General of the United States 
     shall make a reasonable attempt to send notice to the 
     delivery seller by letter, electronic mail, or other means 
     that the delivery seller is being placed on the list or 
     update, with that notice citing the relevant provisions of 
     this Act.
       ``(9) Limitations.--
       ``(A) In general.--Any common carrier or other person 
     making a delivery subject to this subsection shall not be 
     required or otherwise obligated to--
       ``(i) determine whether any list distributed or made 
     available under paragraph (1) is complete, accurate, or up-
     to-date;
       ``(ii) determine whether a person ordering a delivery is in 
     compliance with this Act; or
       ``(iii) open or inspect, pursuant to this Act, any package 
     being delivered to determine its contents.
       ``(B) Alternate names.--Any common carrier or other person 
     making a delivery subject to this subsection--
       ``(i) shall not be required to make any inquiries or 
     otherwise determine whether a person ordering a delivery is a 
     delivery seller on the list described in paragraph (1)(A) who 
     is using a different name or address in order to evade the 
     related delivery restrictions; and
       ``(ii) shall not knowingly deliver any packages to 
     consumers for any delivery seller on the list described in 
     paragraph (1)(A) who the common carrier or other delivery 
     service knows is a delivery seller who is on the list and is 
     using a different name or address to evade the delivery 
     restrictions of paragraph (2).
       ``(C) Penalties.--Any common carrier or person in the 
     business of delivering packages on behalf of other persons 
     shall not be subject to any penalty under section 14101(a) of 
     title 49, United States Code, or any other provision of law 
     for--
       ``(i) not making any specific delivery, or any deliveries 
     at all, on behalf of any person on the list described in 
     paragraph (1)(A);
       ``(ii) refusing, as a matter of regular practice and 
     procedure, to make any deliveries, or any deliveries in 
     certain States, of any cigarettes or smokeless tobacco for 
     any person or for any person not in the business of 
     manufacturing, distributing, or selling cigarettes or 
     smokeless tobacco; or
       ``(iii) delaying or not making a delivery for any person 
     because of reasonable efforts to comply with this Act.
       ``(D) Other limits.--Section 2 and subsections (a), (b), 
     (c), and (d) of this section shall not be interpreted to 
     impose any responsibilities, requirements, or liability on 
     common carriers.
       ``(f) Presumption.--For purposes of this Act, a delivery 
     sale shall be deemed to have occurred in the State and place 
     where the buyer obtains personal possession of the cigarettes 
     or smokeless tobacco, and a delivery pursuant to a delivery 
     sale is deemed to have been initiated or ordered by the 
     delivery seller.''.
       (d) Penalties.--The Jenkins Act is amended by striking 
     section 3 and inserting the following:

     ``SEC. 3. PENALTIES.

       ``(a) Criminal Penalties.--
       ``(1) In general.--Except as provided in paragraph (2), 
     whoever knowingly violates this Act shall be imprisoned for 
     not more than 3 years, fined under title 18, United States 
     Code, or both.
       ``(2) Exceptions.--
       ``(A) Governments.--Paragraph (1) shall not apply to a 
     State, local, or tribal government.
       ``(B) Delivery violations.--A common carrier or independent 
     delivery service, or employee of a common carrier or 
     independent delivery service, shall be subject to criminal 
     penalties under paragraph (1) for a violation of section

[[Page 3252]]

     2A(e) only if the violation is committed knowingly--
       ``(i) as consideration for the receipt of, or as 
     consideration for a promise or agreement to pay, anything of 
     pecuniary value; or
       ``(ii) for the purpose of assisting a delivery seller to 
     violate, or otherwise evading compliance with, section 2A.
       ``(b) Civil Penalties.--
       ``(1) In general.--Except as provided in paragraph (3), 
     whoever violates this Act shall be subject to a civil penalty 
     in an amount not to exceed--
       ``(A) in the case of a delivery seller, the greater of--
       ``(i) $5,000 in the case of the first violation, or $10,000 
     for any other violation; or
       ``(ii) for any violation, 2 percent of the gross sales of 
     cigarettes or smokeless tobacco of the delivery seller during 
     the 1-year period ending on the date of the violation.
       ``(B) in the case of a common carrier or other delivery 
     service, $2,500 in the case of a first violation, or $5,000 
     for any violation within 1 year of a prior violation.
       ``(2) Relation to other penalties.--A civil penalty imposed 
     under paragraph (1) for a violation of this Act shall be 
     imposed in addition to any criminal penalty under subsection 
     (a) and any other damages, equitable relief, or injunctive 
     relief awarded by the court, including the payment of any 
     unpaid taxes to the appropriate Federal, State, local, or 
     tribal governments.
       ``(3) Exceptions.--
       ``(A) Delivery violations.--An employee of a common carrier 
     or independent delivery service shall be subject to civil 
     penalties under paragraph (1) for a violation of section 
     2A(e) only if the violation is committed intentionally--
       ``(i) as consideration for the receipt of, or as 
     consideration for a promise or agreement to pay, anything of 
     pecuniary value; or
       ``(ii) for the purpose of assisting a delivery seller to 
     violate, or otherwise evading compliance with, section 2A.
       ``(B) Other limitations.--No common carrier or independent 
     delivery service shall be subject to civil penalties under 
     paragraph (1) for a violation of section 2A(e) if--
       ``(i) the common carrier or independent delivery service 
     has implemented and enforces effective policies and practices 
     for complying with that section; or
       ``(ii) the violation consists of an employee of the common 
     carrier or independent delivery service who physically 
     receives and processes orders, picks up packages, processes 
     packages, or makes deliveries, taking actions that are 
     outside the scope of employment of the employee, or that 
     violate the implemented and enforced policies of the common 
     carrier or independent delivery service described in clause 
     (i).''.
       (e) Enforcement.--The Jenkins Act is amended by striking 
     section 4 and inserting the following:

     ``SEC. 4. ENFORCEMENT.

       ``(a) In General.--The United States district courts shall 
     have jurisdiction to prevent and restrain violations of this 
     Act and to provide other appropriate injunctive or equitable 
     relief, including money damages, for the violations.
       ``(b) Authority of the Attorney General.--The Attorney 
     General of the United States shall administer and enforce 
     this Act.
       ``(c) State, Local, and Tribal Enforcement.--
       ``(1) In general.--
       ``(A) Standing.--A State, through its attorney general, or 
     a local government or Indian tribe that levies a tax subject 
     to section 2A(a)(3), through its chief law enforcement 
     officer, may bring an action in a United States district 
     court to prevent and restrain violations of this Act by any 
     person or to obtain any other appropriate relief from any 
     person for violations of this Act, including civil penalties, 
     money damages, and injunctive or other equitable relief.
       ``(B) Sovereign immunity.--Nothing in this Act shall be 
     deemed to abrogate or constitute a waiver of any sovereign 
     immunity of a State or local government or Indian tribe 
     against any unconsented lawsuit under this Act, or otherwise 
     to restrict, expand, or modify any sovereign immunity of a 
     State or local government or Indian tribe.
       ``(2) Provision of information.--A State, through its 
     attorney general, or a local government or Indian tribe that 
     levies a tax subject to section 2A(a)(3), through its chief 
     law enforcement officer, may provide evidence of a violation 
     of this Act by any person not subject to State, local, or 
     tribal government enforcement actions for violations of this 
     Act to the Attorney General of the United States or a United 
     States attorney, who shall take appropriate actions to 
     enforce this Act.
       ``(3) Use of penalties collected.--
       ``(A) In general.--There is established a separate account 
     in the Treasury known as the `PACT Anti-Trafficking Fund'. 
     Notwithstanding any other provision of law and subject to 
     subparagraph (B), an amount equal to 50 percent of any 
     criminal and civil penalties collected by the Federal 
     Government in enforcing this Act shall be transferred into 
     the PACT Anti-Trafficking Fund and shall be available to the 
     Attorney General of the United States for purposes of 
     enforcing this Act and other laws relating to contraband 
     tobacco products.
       ``(B) Allocation of funds.--Of the amount available to the 
     Attorney General of the United States under subparagraph (A), 
     not less than 50 percent shall be made available only to the 
     agencies and offices within the Department of Justice that 
     were responsible for the enforcement actions in which the 
     penalties concerned were imposed or for any underlying 
     investigations.
       ``(4) Nonexclusivity of remedy.--
       ``(A) In general.--The remedies available under this 
     section and section 3 are in addition to any other remedies 
     available under Federal, State, local, tribal, or other law.
       ``(B) State court proceedings.--Nothing in this Act shall 
     be construed to expand, restrict, or otherwise modify any 
     right of an authorized State official to proceed in State 
     court, or take other enforcement actions, on the basis of an 
     alleged violation of State or other law.
       ``(C) Tribal court proceedings.--Nothing in this Act shall 
     be construed to expand, restrict, or otherwise modify any 
     right of an authorized Indian tribal government official to 
     proceed in tribal court, or take other enforcement actions, 
     on the basis of an alleged violation of tribal law.
       ``(D) Local government enforcement.--Nothing in this Act 
     shall be construed to expand, restrict, or otherwise modify 
     any right of an authorized local government official to 
     proceed in State court, or take other enforcement actions, on 
     the basis of an alleged violation of local or other law.
       ``(d) Persons Dealing in Tobacco Products.--Any person who 
     holds a permit under section 5712 of the Internal Revenue 
     Code of 1986 (regarding permitting of manufacturers and 
     importers of tobacco products and export warehouse 
     proprietors) may bring an action in an appropriate United 
     States district court to prevent and restrain violations of 
     this Act by any person other than a State, local, or tribal 
     government.
       ``(e) Notice.--
       ``(1) Persons dealing in tobacco products.--Any person who 
     commences a civil action under subsection (d) shall inform 
     the Attorney General of the United States of the action.
       ``(2) State, local, and tribal actions.--It is the sense of 
     Congress that the attorney general of any State, or chief law 
     enforcement officer of any locality or tribe, that commences 
     a civil action under this section should inform the Attorney 
     General of the United States of the action.
       ``(f) Public Notice.--
       ``(1) In general.--The Attorney General of the United 
     States shall make available to the public, by posting 
     information on the Internet and by other appropriate means, 
     information regarding all enforcement actions brought by the 
     United States, or reported to the Attorney General of the 
     United States, under this section, including information 
     regarding the resolution of the enforcement actions and how 
     the Attorney General of the United States has responded to 
     referrals of evidence of violations pursuant to subsection 
     (c)(2).
       ``(2) Reports to congress.--Not later than 1 year after the 
     date of enactment of the Prevent All Cigarette Trafficking 
     Act of 2009, and every year thereafter until the date that is 
     5 years after such date of enactment, the Attorney General of 
     the United States shall submit to Congress a report 
     containing the information described in paragraph (1).''.

     SEC. 3. TREATMENT OF CIGARETTES AND SMOKELESS TOBACCO AS 
                   NONMAILABLE MATTER.

       (a) In General.--Chapter 83 of title 18, United States 
     Code, is amended by inserting after section 1716D the 
     following:

     ``Sec. 1716E. Tobacco products as nonmailable

       ``(a) Prohibition.--
       ``(1) In general.--All cigarettes and smokeless tobacco (as 
     those terms are defined in section 1 of the Act of October 
     19, 1949, commonly referred to as the Jenkins Act) are 
     nonmailable and shall not be deposited in or carried through 
     the mails. The United States Postal Service shall not accept 
     for delivery or transmit through the mails any package that 
     it knows or has reasonable cause to believe contains any 
     cigarettes or smokeless tobacco made nonmailable by this 
     paragraph.
       ``(2) Reasonable cause.--For the purposes of this 
     subsection reasonable cause includes--
       ``(A) a statement on a publicly available website, or an 
     advertisement, by any person that the person will mail matter 
     which is nonmailable under this section in return for 
     payment; or
       ``(B) the fact that the person is on the list created under 
     section 2A(e) of the Jenkins Act.
       ``(b) Exceptions.--
       ``(1) Cigars.--Subsection (a) shall not apply to cigars (as 
     defined in section 5702(a) of the Internal Revenue Code of 
     1986).
       ``(2) Geographic exception.--Subsection (a) shall not apply 
     to mailings within the State of Alaska or within the State of 
     Hawaii.
       ``(3) Business purposes.--
       ``(A) In general.--Subsection (a) shall not apply to 
     tobacco products mailed only--
       ``(i) for business purposes between legally operating 
     businesses that have all applicable State and Federal 
     Government licenses or permits and are engaged in tobacco 
     product manufacturing, distribution, wholesale, export, 
     import, testing, investigation, or research; or
       ``(ii) for regulatory purposes between any business 
     described in clause (i) and an agency of the Federal 
     Government or a State government.
       ``(B) Rules.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of the Prevent All Cigarette Trafficking Act of 
     2009, the Postmaster General shall issue a final rule which 
     shall establish the standards and requirements that apply to 
     all mailings described in subparagraph (A).
       ``(ii) Contents.--The final rule issued under clause (i) 
     shall require--

       ``(I) the United States Postal Service to verify that any 
     person submitting an otherwise nonmailable tobacco product 
     into the mails as authorized under this paragraph is a 
     business or

[[Page 3253]]

     government agency permitted to make a mailing under this 
     paragraph;
       ``(II) the United States Postal Service to ensure that any 
     recipient of an otherwise nonmailable tobacco product sent 
     through the mails under this paragraph is a business or 
     government agency that may lawfully receive the product;
       ``(III) that any mailing described in subparagraph (A) 
     shall be sent through the systems of the United States Postal 
     Service that provide for the tracking and confirmation of the 
     delivery;
       ``(IV) that the identity of the business or government 
     entity submitting the mailing containing otherwise 
     nonmailable tobacco products for delivery and the identity of 
     the business or government entity receiving the mailing are 
     clearly set forth on the package;
       ``(V) the United States Postal Service to maintain 
     identifying information described in subclause (IV) during 
     the 3-year period beginning on the date of the mailing and 
     make the information available to the Postal Service, the 
     Attorney General of the United States, and to persons 
     eligible to bring enforcement actions under section 3(d) of 
     the Prevent All Cigarette Trafficking Act of 2009;
       ``(VI) that any mailing described in subparagraph (A) be 
     marked with a United States Postal Service label or marking 
     that makes it clear to employees of the United States Postal 
     Service that it is a permitted mailing of otherwise 
     nonmailable tobacco products that may be delivered only to a 
     permitted government agency or business and may not be 
     delivered to any residence or individual person; and
       ``(VII) that any mailing described in subparagraph (A) be 
     delivered only to a verified employee of the recipient 
     business or government agency, who is not a minor and who 
     shall be required to sign for the mailing.

       ``(C) Definition.--In this paragraph, the term `minor' 
     means an individual who is less than the minimum age required 
     for the legal sale or purchase of tobacco products as 
     determined by applicable law at the place the individual is 
     located.
       ``(4) Certain individuals.--
       ``(A) In general.--Subsection (a) shall not apply to 
     tobacco products mailed by individuals who are not minors for 
     noncommercial purposes, including the return of a damaged or 
     unacceptable tobacco product to the manufacturer.
       ``(B) Rules.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of the Prevent All Cigarette Trafficking Act of 
     2009, the Postmaster General shall issue a final rule which 
     shall establish the standards and requirements that apply to 
     all mailings described in subparagraph (A).
       ``(ii) Contents.--The final rule issued under clause (i) 
     shall require--

       ``(I) the United States Postal Service to verify that any 
     person submitting an otherwise nonmailable tobacco product 
     into the mails as authorized under this paragraph is the 
     individual identified on the return address label of the 
     package and is not a minor;
       ``(II) for a mailing to an individual, the United States 
     Postal Service to require the person submitting the otherwise 
     nonmailable tobacco product into the mails as authorized by 
     this paragraph to affirm that the recipient is not a minor;
       ``(III) that any package mailed under this paragraph shall 
     weigh not more than 10 ounces;
       ``(IV) that any mailing described in subparagraph (A) shall 
     be sent through the systems of the United States Postal 
     Service that provide for the tracking and confirmation of the 
     delivery;
       ``(V) that a mailing described in subparagraph (A) shall 
     not be delivered or placed in the possession of any 
     individual who has not been verified as not being a minor;
       ``(VI) for a mailing described in subparagraph (A) to an 
     individual, that the United States Postal Service shall 
     deliver the package only to a recipient who is verified not 
     to be a minor at the recipient address or transfer it for 
     delivery to an Air/Army Postal Office or Fleet Postal Office 
     number designated in the recipient address; and
       ``(VII) that no person may initiate more than 10 mailings 
     described in subparagraph (A) during any 30-day period.

       ``(C) Definition.--In this paragraph, the term `minor' 
     means an individual who is less than the minimum age required 
     for the legal sale or purchase of tobacco products as 
     determined by applicable law at the place the individual is 
     located.
       ``(5) Exception for mailings for consumer testing by 
     manufacturers.--
       ``(A) In general.--Subject to subparagraph (B), subsection 
     (a) shall not preclude a legally operating cigarette 
     manufacturer or a legally authorized agent of a legally 
     operating cigarette manufacturer from using the United States 
     Postal Service to mail cigarettes to verified adult smoker 
     solely for consumer testing purposes, if--
       ``(i) the cigarette manufacturer has a permit, in good 
     standing, issued under section 5713 of the Internal Revenue 
     Code of 1986;
       ``(ii) the package of cigarettes mailed under this 
     paragraph contains not more than 12 packs of cigarettes (240 
     cigarettes);
       ``(iii) the recipient does not receive more than 1 package 
     of cigarettes from any 1 cigarette manufacturer under this 
     paragraph during any 30-day period;
       ``(iv) all taxes on the cigarettes mailed under this 
     paragraph levied by the State and locality of delivery are 
     paid to the State and locality before delivery, and tax 
     stamps or other tax-payment indicia are affixed to the 
     cigarettes as required by law; and
       ``(v)(I) the recipient has not made any payments of any 
     kind in exchange for receiving the cigarettes;
       ``(II) the recipient is paid a fee by the manufacturer or 
     agent of the manufacturer for participation in consumer 
     product tests; and
       ``(III) the recipient, in connection with the tests, 
     evaluates the cigarettes and provides feedback to the 
     manufacturer or agent.
       ``(B) Limitations.--Subparagraph (A) shall not--
       ``(i) permit a mailing of cigarettes to an individual 
     located in any State that prohibits the delivery or shipment 
     of cigarettes to individuals in the State, or preempt, limit, 
     or otherwise affect any related State laws; or
       ``(ii) permit a manufacturer, directly or through a legally 
     authorized agent, to mail cigarettes in any calendar year in 
     a total amount greater than 1 percent of the total cigarette 
     sales of the manufacturer in the United States during the 
     calendar year before the date of the mailing.
       ``(C) Rules.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of the Prevent All Cigarette Trafficking Act of 
     2009, the Postmaster General shall issue a final rule which 
     shall establish the standards and requirements that apply to 
     all mailings described in subparagraph (A).
       ``(ii) Contents.--The final rule issued under clause (i) 
     shall require--

       ``(I) the United States Postal Service to verify that any 
     person submitting a tobacco product into the mails under this 
     paragraph is a legally operating cigarette manufacturer 
     permitted to make a mailing under this paragraph, or an agent 
     legally authorized by the legally operating cigarette 
     manufacturer to submit the tobacco product into the mails on 
     behalf of the manufacturer;
       ``(II) the legally operating cigarette manufacturer 
     submitting the cigarettes into the mails under this paragraph 
     to affirm that--

       ``(aa) the manufacturer or the legally authorized agent of 
     the manufacturer has verified that the recipient is an adult 
     established smoker;
       ``(bb) the recipient has not made any payment for the 
     cigarettes;
       ``(cc) the recipient has signed a written statement that is 
     in effect indicating that the recipient wishes to receive the 
     mailings; and
       ``(dd) the manufacturer or the legally authorized agent of 
     the manufacturer has offered the opportunity for the 
     recipient to withdraw the written statement described in item 
     (cc) not less frequently than once in every 3-month period;

       ``(III) the legally operating cigarette manufacturer or the 
     legally authorized agent of the manufacturer submitting the 
     cigarettes into the mails under this paragraph to affirm that 
     any package mailed under this paragraph contains not more 
     than 12 packs of cigarettes (240 cigarettes) on which all 
     taxes levied on the cigarettes by the State and locality of 
     delivery have been paid and all related State tax stamps or 
     other tax-payment indicia have been applied;
       ``(IV) that any mailing described in subparagraph (A) shall 
     be sent through the systems of the United States Postal 
     Service that provide for the tracking and confirmation of the 
     delivery;
       ``(V) the United States Postal Service to maintain records 
     relating to a mailing described in subparagraph (A) during 
     the 3-year period beginning on the date of the mailing and 
     make the information available to persons enforcing this 
     section;
       ``(VI) that any mailing described in subparagraph (A) be 
     marked with a United States Postal Service label or marking 
     that makes it clear to employees of the United States Postal 
     Service that it is a permitted mailing of otherwise 
     nonmailable tobacco products that may be delivered only to 
     the named recipient after verifying that the recipient is an 
     adult; and
       ``(VII) the United States Postal Service shall deliver a 
     mailing described in subparagraph (A) only to the named 
     recipient and only after verifying that the recipient is an 
     adult.

       ``(D) Definitions.--In this paragraph--
       ``(i) the term `adult' means an individual who is not less 
     than 21 years of age; and
       ``(ii) the term `consumer testing' means testing limited to 
     formal data collection and analysis for the specific purpose 
     of evaluating the product for quality assurance and 
     benchmarking purposes of cigarette brands or sub-brands among 
     existing adult smokers.
       ``(6) Federal government agencies.--An agency of the 
     Federal Government involved in the consumer testing of 
     tobacco products solely for public health purposes may mail 
     cigarettes under the same requirements, restrictions, and 
     rules and procedures that apply to consumer testing mailings 
     of cigarettes by manufacturers under paragraph (5), except 
     that the agency shall not be required to pay the recipients 
     for participating in the consumer testing.
       ``(c) Seizure and Forfeiture.--Any cigarettes or smokeless 
     tobacco made nonmailable by this subsection that are 
     deposited in the mails shall be subject to seizure and 
     forfeiture, pursuant to the procedures set forth in chapter 
     46 of this title. Any tobacco products seized and forfeited 
     under this subsection shall be destroyed or retained by the 
     Federal Government for the detection or prosecution of crimes 
     or related investigations and then destroyed.
       ``(d) Additional Penalties.--In addition to any other fines 
     and penalties under this title for violations of this 
     section, any person violating this section shall be subject 
     to an additional civil penalty in the amount equal to 10 
     times the retail value of the nonmailable cigarettes or 
     smokeless tobacco, including all Federal, State, and local 
     taxes.

[[Page 3254]]

       ``(e) Criminal Penalty.--Whoever knowingly deposits for 
     mailing or delivery, or knowingly causes to be delivered by 
     mail, according to the direction thereon, or at any place at 
     which it is directed to be delivered by the person to whom it 
     is addressed, anything that is nonmailable matter under this 
     section shall be fined under this title, imprisoned not more 
     than 1 year, or both.
       ``(f) Use of Penalties.--There is established a separate 
     account in the Treasury, to be known as the `PACT Postal 
     Service Fund'. Notwithstanding any other provision of law, an 
     amount equal to 50 percent of any criminal fines, civil 
     penalties, or other monetary penalties collected by the 
     Federal Government in enforcing this section shall be 
     transferred into the PACT Postal Service Fund and shall be 
     available to the Postmaster General for the purpose of 
     enforcing this subsection.
       ``(g) Coordination of Efforts.--The Postmaster General 
     shall cooperate and coordinate efforts to enforce this 
     section with related enforcement activities of any other 
     Federal agency or agency of any State, local, or tribal 
     government, whenever appropriate.
       ``(h) Actions by State, Local, or Tribal Governments 
     Relating to Certain Tobacco Products.--
       ``(1) In general.--A State, through its attorney general, 
     or a local government or Indian tribe that levies an excise 
     tax on tobacco products, through its chief law enforcement 
     officer, may in a civil action in a United States district 
     court obtain appropriate relief with respect to a violation 
     of this section. Appropriate relief includes injunctive and 
     equitable relief and damages equal to the amount of unpaid 
     taxes on tobacco products mailed in violation of this section 
     to addressees in that State, locality, or tribal land.
       ``(2) Sovereign immunity.--Nothing in this subsection shall 
     be deemed to abrogate or constitute a waiver of any sovereign 
     immunity of a State or local government or Indian tribe 
     against any unconsented lawsuit under paragraph (1), or 
     otherwise to restrict, expand, or modify any sovereign 
     immunity of a State or local government or Indian tribe.
       ``(3) Attorney general referral.--A State, through its 
     attorney general, or a local government or Indian tribe that 
     levies an excise tax on tobacco products, through its chief 
     law enforcement officer, may provide evidence of a violation 
     of this section for commercial purposes by any person not 
     subject to State, local, or tribal government enforcement 
     actions for violations of this section to the Attorney 
     General of the United States, who shall take appropriate 
     actions to enforce this section.
       ``(4) Nonexclusivity of remedies.--The remedies available 
     under this subsection are in addition to any other remedies 
     available under Federal, State, local, tribal, or other law. 
     Nothing in this subsection shall be construed to expand, 
     restrict, or otherwise modify any right of an authorized 
     State, local, or tribal government official to proceed in a 
     State, tribal, or other appropriate court, or take other 
     enforcement actions, on the basis of an alleged violation of 
     State, local, tribal, or other law.
       ``(5) Other enforcement actions.--Nothing in this 
     subsection shall be construed to prohibit an authorized State 
     official from proceeding in State court on the basis of an 
     alleged violation of any general civil or criminal statute of 
     the State.
       ``(i) Definition.--In this section, the term `State' has 
     the meaning given that term in section 1716(k).''.
       (b) Clerical Amendment.--The table of sections for chapter 
     83 of title 18 is amended by inserting after the item 
     relating to section 1716D the following:

``1716E. Tobacco products as nonmailable.''.

     SEC. 4. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, FIREARMS, 
                   AND EXPLOSIVES OF RECORDS OF CERTAIN CIGARETTE 
                   AND SMOKELESS TOBACCO SELLERS; CIVIL PENALTY.

       Section 2343(c) of title 18, United States Code, is amended 
     to read as follows:
       ``(c)(1) Any officer of the Bureau of Alcohol, Tobacco, 
     Firearms, and Explosives may, during normal business hours, 
     enter the premises of any person described in subsection (a) 
     or (b) for the purposes of inspecting--
       ``(A) any records or information required to be maintained 
     by the person under this chapter; or
       ``(B) any cigarettes or smokeless tobacco kept or stored by 
     the person at the premises.
       ``(2) The district courts of the United States shall have 
     the authority in a civil action under this subsection to 
     compel inspections authorized by paragraph (1).
       ``(3) Whoever denies access to an officer under paragraph 
     (1), or who fails to comply with an order issued under 
     paragraph (2), shall be subject to a civil penalty in an 
     amount not to exceed $10,000.''.

     SEC. 5. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL 
                   MATTERS.

       (a) In General.--Nothing in this Act or the amendments made 
     by this Act shall be construed to amend, modify, or otherwise 
     affect--
       (1) any agreements, compacts, or other intergovernmental 
     arrangements between any State or local government and any 
     government of an Indian tribe (as that term is defined in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e)) relating to the collection 
     of taxes on cigarettes or smokeless tobacco sold in Indian 
     country;
       (2) any State laws that authorize or otherwise pertain to 
     any such intergovernmental arrangements or create special 
     rules or procedures for the collection of State, local, or 
     tribal taxes on cigarettes or smokeless tobacco sold in 
     Indian country;
       (3) any limitations under Federal or State law, including 
     Federal common law and treaties, on State, local, and tribal 
     tax and regulatory authority with respect to the sale, use, 
     or distribution of cigarettes and smokeless tobacco by or to 
     Indian tribes, tribal members, tribal enterprises, or in 
     Indian country;
       (4) any Federal law, including Federal common law and 
     treaties, regarding State jurisdiction, or lack thereof, over 
     any tribe, tribal members, tribal enterprises, tribal 
     reservations, or other lands held by the United States in 
     trust for one or more Indian tribes; or
       (5) any State or local government authority to bring 
     enforcement actions against persons located in Indian 
     country.
       (b) Coordination of Law Enforcement.--Nothing in this Act 
     or the amendments made by this Act shall be construed to 
     inhibit or otherwise affect any coordinated law enforcement 
     effort by 1 or more States or other jurisdictions, including 
     Indian tribes, through interstate compact or otherwise, 
     that--
       (1) provides for the administration of tobacco product laws 
     or laws pertaining to interstate sales or other sales of 
     tobacco products;
       (2) provides for the seizure of tobacco products or other 
     property related to a violation of such laws; or
       (3) establishes cooperative programs for the administration 
     of such laws.
       (c) Treatment of State and Local Governments.--Nothing in 
     this Act or the amendments made by this Act shall be 
     construed to authorize, deputize, or commission States or 
     local governments as instrumentalities of the United States.
       (d) Enforcement Within Indian Country.--Nothing in this Act 
     or the amendments made by this Act shall prohibit, limit, or 
     restrict enforcement by the Attorney General of the United 
     States of this Act or an amendment made by this Act within 
     Indian country.
       (e) Ambiguity.--Any ambiguity between the language of this 
     section or its application and any other provision of this 
     Act shall be resolved in favor of this section.
       (f) Definitions.--In this section--
       (1) the term ``Indian country'' has the meaning given that 
     term in section 1 of the Jenkins Act, as amended by this Act; 
     and
       (2) the term ``tribal enterprise'' means any business 
     enterprise, regardless of whether incorporated or 
     unincorporated under Federal or tribal law, of an Indian 
     tribe or group of Indian tribes.

     SEC. 6. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     Act shall take effect on the date that is 90 days after the 
     date of enactment of this Act.
       (b) BATFE Authority.--The amendments made by section 4 
     shall take effect on the date of enactment of this Act.

     SEC. 7. SEVERABILITY.

       If any provision of this Act, or any amendment made by this 
     Act, or the application thereof to any person or 
     circumstance, is held invalid, the remainder of the Act and 
     the application of the Act to any other person or 
     circumstance shall not be affected thereby.

     SEC. 8. SENSE OF CONGRESS CONCERNING THE PRECEDENTIAL EFFECT 
                   OF THIS ACT.

       It is the sense of Congress that unique harms are 
     associated with online cigarette sales, including problems 
     with verifying the ages of consumers in the digital market 
     and the long-term health problems associated with the use of 
     certain tobacco products. This Act was enacted recognizing 
     the longstanding interest of Congress in urging compliance 
     with States' laws regulating remote sales of certain tobacco 
     products to citizens of those States, including the passage 
     of the Jenkins Act over 50 years ago, which established 
     reporting requirements for out-of-State companies that sell 
     certain tobacco products to citizens of the taxing States, 
     and which gave authority to the Department of Justice and the 
     Bureau of Alcohol, Tobacco, Firearms, and Explosives to 
     enforce the Jenkins Act. In light of the unique harms and 
     circumstances surrounding the online sale of certain tobacco 
     products, this Act is intended to help collect cigarette 
     excise taxes, to stop tobacco sales to underage youth, and to 
     help the States enforce their laws that target the online 
     sales of certain tobacco products only. This Act is in no way 
     meant to create a precedent regarding the collection of State 
     sales or use taxes by, or the validity of efforts to impose 
     other types of taxes on, out-of-State entities that do not 
     have a physical presence within the taxing State.

  Mr. KOHL. Mr. President, I thank my colleagues for supporting S.1147, 
the Prevent All Cigarette Trafficking, PACT, Act. The PACT Act closes 
loopholes in current tobacco trafficking laws, enhances penalties for 
violations, and provides law enforcement with new tools to combat the 
innovative methods being used by cigarette traffickers to distribute 
their products. With its passage, we cut off a source of funding for 
terrorists and criminals raise more money, enhance states' ability to 
collect significant amounts of tax revenue, and further limit kids from 
easy access to tobacco products sold over the internet.
  By passing this bill, we are solving a serious problem that is 
growing every

[[Page 3255]]

day. In 1998, the Bureau of Alcohol, Tobacco, Firearms and Explosives, 
BATFE, had six active tobacco smuggling investigations. Today there are 
more than 400 active tobacco smuggling investigations.
  Last November, BATFE announced that they were charging 14 people with 
paying over $8 million, nearly 40 firearms, and drugs to purchase more 
than 77 million contraband cigarettes to sell in New York. Moreover, 
two of the conspirators were also charged with hiring a hitman to kill 
two people they believed to be stealing contraband cigarettes. The 
problem is significant, and today we are giving law enforcement the 
additional tools they need to root out and end cigarette trafficking 
and related crimes.
  The number of cases alone does not sufficiently put this problem into 
perspective. The amount of money involved is truly astonishing. 
Cigarette trafficking, including the illegal sale of tobacco products 
over the Internet, costs States billions of dollars in lost tax revenue 
each year. It is estimated that we lose $5 billion of tax revenue, at 
the Federal and State level, each year. As lost tobacco tax revenue 
lines the pockets of criminals and terrorist groups, states are being 
forced to squeeze their budgets even tighter by cutting programs and 
increasing college tuition. Tobacco smuggling may provide some with 
cheap access to cigarettes, but those cheap cigarettes are coming at a 
significant cost to the rest of us.
  The cost to Americans is not merely financial. Tobacco smuggling has 
developed into a popular, and highly profitable, means of generating 
revenue for criminal and terrorist organizations. Hezbollah, al-Qaida 
and Hamas have all generated significant revenue from the sale of 
counterfeit cigarettes. That money is often raised right here in the 
United States, and it is then funneled back to these international 
terrorist groups.
  In July 2004, the 9/11 Commission recommended that ``[v]igorous 
efforts to track terrorist financing must remain front and center in 
U.S. counterterrorism efforts.'' And the 9/11 commission stressed that 
it is important to rely, in part, on traditional criminal tools to 
disrupt terrorist fundraising efforts, since they often raise money by 
trafficking in counterfeit goods. Specifically, it said, 
``[c]ounterterrorism investigations often overlap or are cued by other 
criminal investigations, such as money laundering or the smuggling of 
contraband.'' All too often, that contraband is cigarettes.
  By passing this bill today, we are sending a strong message that 
terrorist organizations can no longer exploit the weaknesses in our 
tobacco laws to generate significant amounts of money. Cutting off 
financial support to terrorist groups is an indispensable part of 
protecting the country against future attacks.
  According to the Government Accountability Office, GAO, cigarette 
trafficking investigations are growing more and more complex, and take 
longer to resolve. More people are selling cigarettes illegally, and 
they are getting better at it. As these cases become more difficult to 
crack, we owe it to law enforcement officials to do our part to lend a 
helping hand. The PACT Act does that by enhancing BATFE's authority to 
enter premises to investigate and enforce cigarette trafficking laws. 
It also increases penalties for cigarette trafficking under the Jenkins 
Act from a misdemeanor to a felony. Instead of a slap on the wrist, we 
need to show these people we mean business and make sure the 
investigative efforts of our law enforcement officers pays off. Unless 
these existing laws are strengthened, traffickers will continue to 
operate with near impunity.
  Just as important, though, we must enable our country's law 
enforcement officials to combat the cigarette smugglers of the 21st 
century. The internet represents a new obstacle to enforcement. Illegal 
tobacco vendors around the world evade detection by conducting 
transactions over the internet, and then shipping their illegal 
products around the country to consumers. Just a few years ago, there 
were less than 100 vendors selling cigarettes online. Today, 
approximately 500 vendors sell illegal tobacco products over the 
Internet.
  Without innovative enforcement methods, law enforcement will not be 
able to effectively address the growing challenges facing them today. 
The PACT Act sets out to do just that by empowering states to go after 
out-of-state sellers who are violating their tax laws in Federal court. 
It also cuts off their method of delivery. A significant part of this 
problem involves the shipment of contraband cigarettes through the 
United States Postal Service, USPS. This bill would cut off online 
vendors' access to the USPS. We would treat cigarettes just like we 
treat alcohol, making it illegal to ship them through the U.S. mails 
and cutting off a large portion of the delivery system.
  In addition to cracking down on tobacco smuggling, the bill will keep 
tobacco out of the hands of kids. One of the primary ways children get 
access to cigarettes today is on the Internet and through the mails. 
The PACT Act contains a strong age verification section that will 
prevent online sales of cigarettes by requiring sellers to use a method 
of shipment that includes a signature and photo ID check upon delivery. 
Most States already have similar laws on the books, and this would 
simply make sure that we have a national standard to ensure that the 
Internet is not being used to evade ID checks required at our grocery 
and convenience stores.
  It is important to point out that this bill has been carefully 
drafted, following negotiations with numerous interested parties, 
including the Campaign for Tobacco Free Kids, the National Association 
of Attorneys General, the Department of Justice, and various tribal 
groups, to ensure that it would be strictly neutral in regards to 
tribal sovereignty and tribal immunity rights. The PACT Act would 
neither expand nor contract the current scope of tribal sovereignty and 
immunity, as determined by Federal statute and judicial 
interpretations. Also, the bill makes clear that it cannot be used to 
expand, contract, or otherwise change the scope of tribal sovereignty 
and immunity.
  The commonsense approach of the PACT Act has brought together a 
strong coalition of supporters. Tobacco companies and public health 
advocates; State law enforcement and Federal law enforcement; and 
Republicans and Democrats alike all agree that this is an issue that 
must be addressed. Today, we begin to provide law enforcement 
authorities with the tools they need to combat a very serious threat to 
our States' coffers, national security, and public health.
  Again, I thank leadership, the cosponsors of the bill, and all of my 
colleagues for their support of the PACT Act.
  Mr. DURBIN. I ask unanimous consent that the committee substitute be 
agreed to, the bill, as amended, be read a third time and passed, the 
motion to reconsider be laid upon the table, with no intervening action 
or debate, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1147), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________




                   ORDERS FOR MONDAY, MARCH 15, 2010

  Mr. DURBIN. Mr. President, I ask unanimous consent that when the 
Senate completes its business today, it adjourn until 2 p.m. on Monday, 
March 15; that following the prayer and pledge, the Journal of 
proceedings be approved to date, the morning hour be deemed expired, 
the time for the two leaders be reserved for their use later in the 
day, and the Senate proceed to a period of morning business until 3 
p.m., with Senators permitted to speak therein for up to 10 minutes 
each. Finally, I ask that following morning business, the Senate resume 
consideration of the House message on H.R. 2847.

[[Page 3256]]

  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. DURBIN. Mr. President, tonight cloture was filed on the motion to 
concur with respect to the legislative vehicle for the HIRE Act. The 
cloture vote will occur at 5:30 p.m. on Monday.

                          ____________________




          ADJOURNMENT UNTIL MONDAY, MARCH 15, 2010, at 2 p.m.

  Mr. DURBIN. If there is no further business to come before the 
Senate, I ask unanimous consent that it adjourn under the previous 
order.
  There being no objection, the Senate, at 7:18 p.m., adjourned until 
Monday, March 15, 2010, at 2 p.m.





[[Page 3257]]

                          EXTENSIONS OF REMARKS
                          ____________________


CONGRATULATING A.K MAGO ON RECEIVING THE PRAVASI BHARATIYA SAMMAN AWARD

                                 ______
                                 

                           HON. PETE SESSIONS

                                of texas

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. SESSIONS. Madam Speaker, I rise today to congratulate A.K Mago on 
receiving the Pravasi Bharatiya Samman Award.
  On January 9th, the Pravasi Bharatiya Samman Award was presented to 
A.K Mago for his outstanding work which has enhanced India's prestige 
in the United States. He is the first recipient of this award from the 
Houston Consulate Jurisdiction, which covers Alabama, Arkansas, 
Florida, Georgia, Kansas, Louisiana, Mississippi, Oklahoma, and Texas.
  The Pravasi Bharatiya Samman Award is the highest honor conferred on 
overseas Indians. The award is presented by the President of India as a 
part of the Pravasi Bharatiya Divas Conventions, which have been 
organized annually since 2003. Recipients of this award have made 
significant contributions towards a better understanding of India 
abroad and have supported India's causes and concerns in a tangible 
way. Additionally, the honorees have made significant contributions in 
the welfare of the Diaspora, philanthropic and charitable work in India 
and abroad, and in building closer links between India and its Diaspora 
in the economic, cultural, and scientific fields.
  Madam Speaker, I ask my esteemed colleagues to join me in expressing 
our congratulations to A.K Mago for receiving this high honor.

                          ____________________




 HONORING ARMY SERGEANT JUSTIN SIKMA FOR HIS EXEMPLARY SERVICE IN IRAQ

                                 ______
                                 

                       HON. DEBORAH L. HALVORSON

                              of illinois

                    in the house of representatives

                        Thursday, March 11, 2010

  Mrs. HALVORSON. Madam Speaker, today I rise to recognize Army 
Sergeant Justin Sikma, Bourbonnais resident and member of the 317th 
Engineer Company.
  While working to clear a swampy field in Iraq, an extra vigilant 
Sergeant Sikma, spotted a live fragmentation rocket in the path of a 
piece of machinery being operated by a fellow soldier.
  Sikma's keen eye protected the nine other men at his squad's work 
site.
  America is fortunate to have brave soldiers like Sergeant Sikma in 
our armed forces keeping us safe and protecting our freedoms here at 
home and abroad. We all owe a debt of gratitude to Sergeant Justin 
Sikma and the millions of those who have served and will serve the 
great United States of America.

                          ____________________




  CONGRATULATING JOSEPH A. HEFFERS, RECIPIENT OF THE 2010 ACHIEVEMENT 
      AWARD FROM THE GREATER PITTSTON FRIENDLY SONS OF ST. PATRICK

                                 ______
                                 

                         HON. PAUL E. KANJORSKI

                            of pennsylvania

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. KANJORSKI. Madam Speaker, I rise today to ask you and my esteemed 
colleagues in the House of Representatives to pay tribute to Joseph A. 
Heffers, the 2010 recipient of the Achievement Award from the Greater 
Pittston Friendly Sons of St. Patrick.
  A son of the late John Heffers and Mary Golden Heffers, Mr. Heffers 
was born and raised in Pittston City, Luzerne County, Pennsylvania.
  A graduate of Pittston City High School and Wilkes-Barre Business 
College, where he earned a degree in business and accounting, Mr. 
Heffers served in the United States Army from 1964 to 1967 in the 
Special Troops Unit at Fort Dix, New Jersey.
  Mr. Heifers worked at Eberhard Faber Company in Mountaintop, 
Pennsylvania, as a project manager for 21 years, receiving the 
President's Award from Mr. Eberhard Faber in 1986.
  He later worked for Cooper Industries in Weatherly, Carbon County, 
Pennsylvania, as a production specialist and later retired from 
Intermetro Industries in Wilkes-Barre, Luzerne County, Pennsylvania.
  Mr. Heffers is currently the Chief Executive Officer and Manager of 
the Metro Wire Federal Credit Union in Plains Township, Pennsylvania.
  A past president of the Greater Pittston Friendly Sons of St. 
Patrick, Mr. Heffers serves on the advisory board of the Salvation Army 
in West Pittston and also is a member and former financial secretary of 
President John F. Kennedy Council 372 Knights of Columbus, their 
Council Choir and the Fourth Degree Assembly.
  Mr. Heffers coached several youth athletic teams including Stoners 
Soccer, Jenkins Township Girls Softball and Girls Varsity Basketball at 
St. Mary's Assumption School in Pittston.
  He is a member of St. John the Evangelist Church, Pittston.
  Mr. Heffers resides in Port Griffith with his wife of 38 years, the 
former Mary Catherine Shea. They are the parents of two children, 
Joseph, Elizabethtown, Pennsylvania and Mary Elizabeth Gregor, Plains 
Township, Pennsylvania. The couple also has two grandchildren, Maxwell 
Wallace Gregor and Declan Joseph Gregor.
  Madam Speaker, please join me in congratulating Mr. Heffers on this 
notable occasion. His exemplary service to his family and community has 
earned him widespread respect and recognition.

                          ____________________




        HONORING THE MEDICAL TEAM ORGANIZED BY DR. JESSE BUTLER

                                 ______
                                 

                       HON. JANICE D. SCHAKOWSKY

                              of illinois

                    in the house of representatives

                        Thursday, March 11, 2010

  Ms. SCHAKOWSKY. Madam Speaker, I rise tonight to recognize a medical 
team from my district that recently traveled to the Dominican Republic 
to provide life-saving spinal surgery to victims of the Haiti 
earthquake.
  In the immediate aftermath of January's devastating earthquake, Dr. 
Jesse Butler, an orthopedic spinal surgeon from Advocate Lutheran 
General Hospital in Park Ridge, found a way to contribute his unique 
skills. In just a few short days, Dr. Butler was able to organize a 
medical team, collect medical equipment worth millions of dollars, and 
travel to the Dominican Republic.
  Members of the team included anesthesiologist Dr. Howard Konowitz, 
from Gottlieb Memorial Hospital in Melrose Park; scrub nurse Teresa 
Dudic, from Gottlieb; registered nurse Maria Korbel, from the Illinois 
Bone & Joint Institute in Morton Grove; nurse Aimee Duque-Randolph; and 
physician's assistant Alicia Granger-Carlson.
  Dr. Butler's team operated on 11 patients, ages 14 to 35, at Dario 
Contreras Hospital in Santo Domingo, where many earthquake victims were 
treated. Conditions were far from ideal: patients waited in crowded 
hallways, and surgeries were performed in rooms as hot as 85 degrees. 
Victims withstood the pain of their injuries without the aid of 
morphine.
  Upon their return, members of the team recalled the fear and 
desperation of those they treated, but also the Haitians' will to live 
and persevere. And though they could only meet a fraction of Haiti's 
enormous medical needs, they said they hope that their work will 
inspire others to similarly volunteer their time and talents.
  I would like to submit for my colleagues' interest the following 
article from the February 10th edition of the Chicago Tribune about the 
team's trip.

 Life-Saving Trip for Earthquake Victims `Life-Changing' for Surgical 
       Team--Spinal Surgery Unit Inspired by Resolve of Haitians

                          (By Courtney Flynn)

       When orthopedic spine surgeon Dr. Jesse Butler saw images 
     of the lives shattered by the Haiti earthquake, he knew he 
     had to help the only way he knew how: by fixing broken backs.

[[Page 3258]]

       Within 48 hours of the Jan. 12 quake, the physician from 
     Advocate Lutheran General Hospital in Park Ridge organized a 
     spinal surgery team, called in favors to collect millions of 
     dollars of medical equipment and boarded a plane to the 
     Dominican Republic.
       ``Instead of going the traditional route through a relief 
     agency, we thought it would be more successful if we took 
     charge of the logistics ourselves,'' Butler said. ``We put 
     together a team that could pretty much handle anything thrown 
     at them.''
       In one week, the team operated on 11 patients, from 14 to 
     35, including a 25-year-old pregnant woman whose injuries had 
     left her a quadriplegic. Nine of the patients were Haitian 
     earthquake victims; two were injured in a motorcycle crash.
       Despite the severity of the patients' injuries and the 
     tragedy they'd been through, members of the surgical team 
     said they were struck by the Haitians' resolve to live and 
     wait for help.
       ``When you looked into their eyes, you saw a terror and 
     fear that just burns into your soul,'' said Dr. Howard 
     Konowitz, an anesthesiologist from Gottlieb Memorial Hospital 
     in Melrose Park who was on the trip. ``There was no morphine 
     . . . but no one was moaning, no one was screaming.''
       The team performed its work at Dario Contreras Hospital, a 
     public hospital in the Dominican capital of Santo Domingo 
     where many Haitians have sought medical attention since the 
     earthquake. Team members chose the hospital consulting with 
     the Ministry of Health on where their skills would be of most 
     help.
       The team worked in grueling conditions, operating in rooms 
     where the heat reached 85 degrees. Some patients waited in 
     crowded hallways, others on thin mattresses atop rusted metal 
     frames.
       ``We were working long hours. The rooms were so hot, people 
     were dehydrated,'' said Teresa Dudic, a bilingual scrub nurse 
     from Gottlieb. ``And the patients, you could see the 
     desperation in their eyes, they were scared.''
       Konowitz described the trip as ``life-changing.''
       ``All the other catastrophes that I can remember in my 
     lifetime, there was nothing medically like this that I can 
     remember,'' he said. ``It's haunting what we saw.''
       And although it was gratifying to provide what help they 
     could, team members recognized it was a tiny fraction of the 
     need.
       ``We may have fixed their spine during the week, but we 
     only got to 11 (people),'' Butler said. ``There were another 
     20 we couldn't take care of.''
       And the people they did treat need long-term care.
       Maria Korbel, another member of the team who's bilingual 
     and a registered nurse at the Illinois Bone & Joint Institute 
     in Morton Grove, said she hopes their work will inspire 
     others.
       ``If we were able to start a chain reaction, I think that 
     would be fabulous,'' Korbel said. ``I hope we started 
     something good, something positive, something that will keep 
     going.''
       Physician's assistant Alicia Granger-Carlson and nurse 
     Aimee Duque-Randolph also were members of the team.

                          ____________________




                        HONORING TIMOTHY REILLY

                                 ______
                                 

                           HON. JEAN SCHMIDT

                                of ohio

                    in the house of representatives

                        Thursday, March 11, 2010

  Mrs. SCHMIDT. Madam Speaker, I rise today to honor and congratulate 
Mr. Timothy Reilly. Recently, both Tim and his business, Miami Valley 
International Trucks, were awarded the International Circle of 
Excellence Award for 2009.
  Awarded by Navistar, Inc., the Circle of Excellence is given to 
dealerships that ``achieve the highest level of performance in terms of 
operating and financial standards, market representation, and, most 
importantly, customer satisfaction.'' It is the highest honor that an 
International dealer can receive from Navistar.
  Tim purchased Miami Valley International Trucks in 2004. Since then, 
he has earned 14 Circle of Excellence Awards and an Isuzu Ichiban 
Award, given to commercial truck dealers to recognize business 
excellence and civic-mindedness. Under his leadership, Miami Valley 
Trucks has grown to include five dealer locations and two parts and 
services sites in Ohio that employ 367 employees.
  These awards are a testament to Tim's reputation as a leader in the 
trucking industry. This reputation has been honed through his activity 
and commitment to organizations like the Ohio Automobile Dealers 
Association, International Marketing, Sales & Finance Advisory Board, 
and as a former member of the Idealease board of directors. A dedicated 
supporter of his alma mater, Notre Dame, Tim also is a devoted father 
to his twin daughters, now 13 years old.
  Madam Speaker, please join me in congratulating Tim Reilly for his 
accomplishments, his record of success, and his many contributions to 
his community, the State of Ohio, and our Nation.

                          ____________________




 CELEBRATING MINOOKA COMMUNITY HIGH SCHOOL VARSITY BOYS WRESTLING TEAM 
            FOR WINNING THEIR FIRST EVER STATE CHAMPIONSHIP

                                 ______
                                 

                       HON. DEBORAH L. HALVORSON

                              of illinois

                    in the house of representatives

                        Thursday, March 11, 2010

  Mrs. HALVORSON. Madam Speaker, today I rise to recognize the Minooka 
Community High School Boys Varsity Wrestling Team for becoming the 
2009-2010 Illinois High School Association Class 3A Dual Team State 
Wrestling Champions.
  Through relentless practice and commitment to their sport, the team 
captured Minooka Community High School's first ever team state 
championship title. I congratulate the hard work, dedication, and long 
hours that everyone involved put in to make this title possible; the 
coaches for their patience and working with these young athletes, to 
the parents for believing in their students, to the competitors for 
believing in themselves and their team.
  The members of the championship Indian squad are: Kevin Akers, 
Mitchell Brozovich, Clayton Charland, Brandon Collofello, Jacob 
DeKlerk, Zachary Friant, Joseph Govednik, Brandon Haase, Kalvin Hill, 
Alex Hoshell, Cody Jones, Sean Kenny, Matthew Meyer, Matthew McEvilly, 
Michael McNulty, Blake Montella, Mitchell Morris, Colin Nielsen, 
Corbett Oughton, Jacob Potts, Josh Pullara, Jacob Residori, Daniel 
Ruettiger, Leo Ruettiger, Kevin Ruettiger, Matthew Stevens, Timothy 
Wright and Robert Zabel; and are led by head coach Bernie Ruettiger; 
and the assistant coaches; Jeff Charlebois, Mike Butterbach, Paige 
Schoolman, Stan Tischer, and Jon Ryan.
  Congratulations on a season to be remembered.

                          ____________________




  CONGRATULATING MARTIN F. QUINN, THE MAN OF THE YEAR OF THE GREATER 
                 PITTSTON FRIENDLY SONS OF ST. PATRICK

                                 ______
                                 

                         HON. PAUL E. KANJORSKI

                            of pennsylvania

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. KANJORSKI. Madam Speaker, I rise today to ask you and my esteemed 
colleagues in the House of Representatives to pay tribute to Martin F. 
Quinn, who was named ``Man of the Year'' by the Greater Pittston 
Friendly Sons of St. Patrick in Luzerne County, Pennsylvania.
  Mr. Quinn is a son of the late Martin J. Quinn and Margaret Mitchell 
Quinn and was raised in the Cork Lane section of Pittston Township. He 
graduated from Pittston Central Catholic High School. He also attended 
Fairleigh Dickinson University and the Electrical Programming 
Institute, both in New Jersey.
  He served and was honorably discharged from the United States Army. 
He was employed by the Lehigh Valley Railroad and ConRail Inc. for over 
30 years, retiring as a line foreman in 1999. He is a licensed 
electrician and was recording secretary of the International 
Brotherhood of Electrical Workers, Local 1153 for many years. He is 
also a licensed projectionist.
  Prior to returning to the Greater Pittston area in 1973, Mr. Quinn 
was employed in the trucking industry in New Jersey and was vice-
president of the Teamsters' Union Local 701.
  In addition to his extensive railroad career, Mr. Quinn has 
contributed a great amount of time to many community activities in the 
Greater Pittston area. He has served his community for over 20 years as 
a member of the Pittston Area Board of Education and is actively 
involved in many local clubs and political organizations. He is a 
sustaining member of the Greater Pittston Friendly Sons of St. Patrick 
and is also a charter member of Wolfe Tone Luzerne County Division 1, 
Ancient Order of Hibernian.
  He is a member of the President John F. Kennedy Council #372, Knights 
of Columbus, and its Fourth Degree Assembly. He is a member of the 
board of the Parking Authority of the City of Pittston. He is active 
with the Third District Democrats and served many years as a 
committeeman in his ward. He is

[[Page 3259]]

a member of St. Mary's Help of Christians Church.
  Mr. Quinn resides in Pittston with his wife, the former Barbara 
Brigido. They are the proud parents of three sons, Mitch, Mike, and 
Brian and have four grandchildren, Zach, Samantha, Katie, and Kearney.
  Madam Speaker, please join me in congratulating Mr. Quinn on this 
very special occasion. His love of his family and community is evident 
in all the good works he has been responsible for over many years. 
Moreover, his example inspires others to emulate him and to share in 
improving the quality of life throughout the region.

                          ____________________




             HONORING THE WORLD WAR II VETERANS OF AMERICA

                                 ______
                                 

                           HON. MIKE QUIGLEY

                              of illinois

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. QUIGLEY. Madam Speaker, I rise today to honor the World War II 
veterans from across the country who are traveling to Washington, D.C. 
with the Honor Flight Network, a program whose goal is to provide as 
many World War II veterans as possible the opportunity to see the World 
War II Memorial here in Washington, D.C., a memorial that was built to 
honor their courage and service.
  The American veteran is one of our greatest treasures. The Soldiers, 
Airmen, Sailors, Marines, and Coast Guardsman traveling here today 
answered our nation's call to service during one of its greatest times 
of need. From the European Campaign to the Pacific Asian Theatre to the 
African Theater, these brave Americans risked life and limb, gave 
service and sacrificed much, all while embodying what it is to be a 
hero. We owe them more gratitude than can ever be expressed.
  I welcome these brave veterans to Washington and to their memorial. I 
am proud to submit the names of these heroes for all to see, hear, and 
recognize, and I call on my colleagues to rise and join me in 
expressing thanks.
  Irwin L. Abelson, William Ahearn, Norm Albaugh, Frank Albert, William 
G. Anderson, George Anderson, Joseph Ansaldi, Dante Argenti, Charles 
Aschmann, Jr., John Bacik, Sr., Francis R. Bailey, William Banta, Ted 
Barnes, Benjamin Bauer, Irving Berge, Donald Bergeron, Leroy F. 
Berkebile, Carmine Biondi, George H. Bitting, Alfred Blake, Henry L. 
Blim, Eugene G. Bonetti, Edward Borucki, Francis L. Bouthiette, Edward 
A. Branning, Jr., George W. Briggs, Lionel Brindamour, Blair B. Brooks, 
George Brown, Carl Brown, Douglas Bryant, Eldon Burgess, Jack F. 
Bussert, Anthony V. Caggiano, Adone T. Calderone, Sam M. Calucci, Alex 
Campbell, James J. Carbone, James S. Cardone, Lloyd E. Carpenter, Henry 
C. Carroll, Edwin Cartoski, Bert L. Casagrande, Pasquale Cassetta, 
Charles Catyb, Albert Catyb, Carmine J. Cella, Salvatore Chiarelli, 
Salvatore A. Citrano, Harold Cohen, John J. Colleary, Russell N. 
Collins, Robert F. Colvin, Victor Coronella, William Coronella, Vincent 
F. Costello, Edward T. Coyne, Arthur A. Cozza, Don Cruse, Robert 
Curtis, Raymond D. Daniel, Robert L. Davis, Carl E. Davis, Ralph M. 
Day, Frank Dezenzo, Fred P. Dickinson, Russell E. Diefenbach, Joseph G. 
Doherty, James J. Donnell, Joseph E. Donnelly, Calvin B. Double, Gerard 
Doyle, Clifford W. Drumm, Charles du Moulin, O'Neal Duffey, Gordon R. 
Dunbar, William R. Elwinger, Alvin R. Engelhardt, Raymond J. Enser, 
Julius J. Erdos, Karl Esler, Peter Fabregas, Peter J. Fantacone, Edmond 
G. Farah, Mike Florio, Dennis Focas, John E. Franklin, Jerome Freund, 
Arthur G. Fulte, John Fulton, Paul Gaither, Albert F. Gallo, John R. 
Giarrusso, Monroe Glazer, James Goins, Edward V. Golien, Frank M. 
Gondela, Jr., Milton R. Gore, Albert P. Greenwald, Victor Grillo, Don 
Griswold, Vaclav S. Gursky, Edward A. Haas, Robert B. Hagerman, Howard 
E. Haines, Charles Hamblin, Richard L. Hamel, Milton S. Harrell, Calvin 
N. Hartz, William T. Hay, Eugene J. Henleben, Kenneth Herrington, Ivan 
E. Hertle, Lawrence Hickey, William F. Hill, Edward R. Hodgman, Jr., 
Charles Holdstein, William B. Howell, Elmer Hurt, Walter H. Ingham, 
James Inglis, Bart Ingoglia, Thomas J. Jarecki, Elbert I. Jaudon, Jr., 
Warren Jenkins, Otto Jensen, Frank F. Jurek, Joseph L. Keller, George 
Keys, Paul J. Kieffer, Victor F. Kilkowski, Robert D. Kistler, George 
A. Klein, Robert Knight, Christos A. Kourambis, John L. Kraus, Leo 
Kukiela, Lewis A. Kull, Charles Lafferty, James L. Lange, Carman 
Laspata, John P. Lauriello, James H. Leidig, Harold C. Levenberg, 
Lawrence J. Levy, Clifford Lewis, Walter Lightcap, Edward Lindstrom, 
Harry Lines, Joseph Locurto, Vincent J. Lombardi, Thomas A. Long, David 
Loree, Alfred Maccheronio, James D. Maniatis, Anthony A. Marchitelli, 
Robert M. Marraccini, George Martin, Joseph McGinnis, William McCarron, 
John W. McCormick, Elijah McKelvin, Marion F. Merrick, Robert Meyer, 
Richard Miller, Arthur Minichiello, Glen A. Mohler, Blasco Molle, Carl 
Montensen, John ``Jack'' Mueller, Thomas Murphy, Edward L. Norton, Paul 
E. Novak, Ed Novak, Felix A. Novelli, Dennis J. O'Keefe, Thomas J. 
Oliva, Raymond J. Olley, Frank H. Otremsky, Neil L. Pallante, Edlen C. 
Pearson, Edlen Pearson, Arthur Pendleton, Henry J. Pepe, Salvatore O. 
Perrone, Arthur Petterson, Clinton Phillips, Lawrence M. Pinto, Dale 
Pottorff, Edward D. Radbill, Ellenor Rennell, Samuel W. Revels, William 
Rimshaw, Charles F. Romano, Fred Rose, Philip Roston, Robert Roy, Glenn 
J. Royer, George W. Sarlitto, Glenn E. Sauers, Angelo N. Sauro, 
Lawrence Schechter, Herman F. Schult, Nick Schweitzer, Elliott Sears, 
Andrew Serrell, Burton L. Showers, Fred B. Simonson, Calvin L. Simpson, 
Daniel Siraco, William D. Sitman, Richard Skovira, William W. Sleezer, 
William Sligo, Emil Sliwa, Clarence Smith, Nicholas Smith, Kenneth W. 
Soderstrom, Frank T. Spero, Theodore W. Stathis, Gilbert Stead, Donald 
B. Stearns, Charles H. Stewart, John D. Stover, Shirley Sutherburg, 
Arthur J. Sutton, Morris B. Sweet, James B. Tedrick, William J. Toohey, 
Arthur P. Travis, William Tully, Richard L. Usinger, Frank G. 
Valentine, Earl N. VanDyke, John E. Vargo, Nicholas J. Velardi, Albert 
J. Vicarelli, Anthony Vieceli, Lowell R. Wagner, Nicholas J. Waters 
Jr., Richard E. Watkins, John H. Webb, Robert H. Wetter, Robert White, 
Cecil F. Wigmore, Raymond W. Wike, John C. Witty, Milton S. Wolchuck, 
James M. Zirakian, Leon Zochowski.

                          ____________________




  H.R. 4821 THE ``KAYTLYNN NOGGLE FEDERAL LIFE INSURANCE EQUITY ACT''

                                 ______
                                 

                            HON. DAN BURTON

                               of indiana

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. BURTON of Indiana. Madam Speaker, I rise today to introduce the 
``Kaytlynn Noggle Federal Life Insurance Equity Act,'' named in honor 
of the daughter of constituents of mine, Elizabeth and Larry Noggle; 
and to encourage all of my colleagues to support this bill.
  I would like to read the e-mail sent to me by Mr. Noggle as I think 
it sums up the need for this legislation far better than I could.
  ``Representative Burton, recently my wife, Elizabeth, and I had a 
stillborn daughter, Kaytlynn Grace on December 19, 2009.
  We are both Federal employees with the Defense Department and when we 
looked to see if the Federal Group Life Insurance covered stillborn 
children, we were told it did not.
  As you are probably aware, Indiana law requires any child 20 weeks 
gestation or more to be buried or cremated as if they were a regular 
person who lived and died, the cost of which ran our family over $2,000 
in funeral expenses.
  As the insurance didn't cover it, this was a large unexpected 
expense. Since Indiana law requires burial, we had hoped our insurance 
would cover at least the funeral expenses as we carried the family 
coverage on our policy. We discovered that for military service 
members, their life insurance covers stillborn children up to $10,000.
  While neither Elizabeth nor I expect to benefit from any changes, we 
request that the Federal Employees Group Life Insurance program be 
modified to include stillborns for all Federal employees, at least 
equivalent to the Servicemembers group Life Insurance Program.
  We aren't looking to profit from Kaytlynn's death. We are hoping to 
bring about a change to help other families in this situation. Thank 
you Larry Noggle.''
  Madam Speaker, Public Law 110-389, the ``Veterans'' Benefits 
Improvement Act of 2008'' in addition to enhancing other veterans and 
military benefits, amended the definition of dependent under the Family 
Servicemembers' Group Life Insurance program to include stillborn 
children. And coverage for stillborn children has been part of the 
program since November 18, 2009.
  The ``Veterans Benefits Improvement Act'' did not, however, amend the 
definition of dependent under the Federal Employees Group Life 
Insurance program. The Kaytlynn Noggle Federal Life Insurance Equity 
Act simply corrects this imbalance and brings the two programs into 
parity.
  Although I do not have an official CBO score on the bill, the costs 
to the Federal Government should be negligible for several reasons.
  First, the cost of Basic insurance under the Federal Employees' Group 
Life Insurance program is shared between the employee and the

[[Page 3260]]

Government; with the employee paying \2/3\ of the total cost while the 
Government pays \1/3\. The cost of the Optional Coverage under the 
program--in other words coverage for spouses and children (including 
coverage for stillborn children)--is paid 100 percent by the employee.
  Second, stillbirths are fortunately rare. According to the latest 
figures from the Centers for Disease Control, each year in the United 
States approximately 25,000 babies are stillborn--roughly 1 percent of 
all births. Consequently, the probability is that the Federal Employees 
Group Life Insurance program would pay out relatively few claims under 
the stillborn provision.
  To paraphrase Mr. Noggle, no one is going to make a profit from this 
provision. But it will hopefully give Federal families some peace of 
mind that they won't be made destitute by the tragic event of a 
stillborn baby.
  I would encourage all of my colleagues to co-sponsor this critically 
important legislation.

                          ____________________




  IN RECOGNITION OF ROBERT FRONEK FOR HIS YEARS OF SERVICE TO THE NEW 
                     LENOX FIRE PROTECTION DISTRICT

                                 ______
                                 

                       HON. DEBORAH L. HALVORSON

                              of illinois

                    in the house of representatives

                        Thursday, March 11, 2010

  Mrs. HALVORSON. Madam Speaker, on April 3, 2010, friends, family, and 
colleagues of Robert Fronek will gather to celebrate his 35 years of 
service to the New Lenox Fire Protection District. Today, I join the 
chorus of praise for Robert's service.
  Robert, or Bob to his friends, began his service to the New Lenox 
Fire Protection District on June 14, 1973. When he first began, Bob 
gave his time for little or no pay. He gained a Master's Degree in Fire 
Science and his role in the fire department grew as he devoted his time 
and effort to the Fire Protection District.
  Over the past 35 years Bob has worked for the New Lenox Fire 
Protection District. He has served as Lieutenant, Captain, Deputy 
Chief, and Trustee. He currently serves as District Operations Manager. 
Bob is the only person to have held every office on the district's 
Board of Trustees, serving as President, Treasurer, and Secretary. Bob 
has also been awarded the honor of Firefighter of the Year. During his 
time with the Fire District, Bob was an advocate for the businesses in 
New Lenox by making sure that the Fire District received bids from 
local businesses whenever possible. Bob is known to his colleagues as a 
very meticulous worker and a great friend.
  Bob is also a loving grandfather, father, and husband. Bob and his 
wife Mary have been married for 37 years, all but one of which have 
been spent living in New Lenox. Bob and Mary have five children and ten 
grandchildren.
  The 11th Congressional District of Illinois and the community of New 
Lenox owe Robert Fronek a debt of gratitude. I am proud to represent 
him and all the wonderful firefighters who serve the 11th District. I 
congratulate Robert on being honored by his colleagues and wish him 
continued success.

                          ____________________




                    RECOGNIZING CORPORAL CHAD WATSON

                                 ______
                                 

                       HON. JANICE D. SCHAKOWSKY

                              of illinois

                    in the house of representatives

                        Thursday, March 11, 2010

  Ms. SCHAKOWSKY. Madam Speaker, I rise tonight to recognize Cpl Chad 
Watson of the United States Marine Corps, a true American hero.
  Corporal Watson gave up his final year of a wrestling scholarship at 
Indiana University to serve his country in Iraq with the Marine Corps 
in 2006. He was quickly assigned to be a team leader, and led his team 
on five ambushes and more than 60 combat patrols. Corporal Watson was 
popular with his team and was even voted as the one Marine his fellow 
Marines would most like to serve with in combat.
  However, after serving a little more than three months in Fallujah, 
Corporal Watson's time in Iraq was cut short when he was severely 
injured by an IED while on a mission. He spent the next 17 months in 
various forms of recovery and rehabilitation.
  Corporal Watson received the respect and praise of his colleagues 
while serving in the military, and was named Marine of the Quarter for 
his actions in Iraq. Despite his injuries and substantial recovery 
time, he continues to serve his country and his fellow servicemen 
through his work with the Wounded Warrior Project. This organization 
seeks to empower injured veterans by spreading awareness and enlisting 
the aid of the public to meet the needs of men and women who have been 
injured in service to their country. The Wounded Warrior project also 
helps severely injured service members aid and assist each other.
  Corporal Watson's devotion to his country before, during, and after 
his time in Iraq is an example of true patriotism. I want to both 
recognize him and, on behalf of the United States Congress, thank him 
for his selfless service on the frontlines in Iraq and for his 
continued dedication to serving as a tireless advocate for our nation's 
veterans.

                          ____________________




                         HONORING JEAN SPRINGER

                                 ______
                                 

                           HON. JEAN SCHMIDT

                                of ohio

                    in the house of representatives

                        Thursday, March 11, 2010

  Mrs. SCHMIDT. Madam Speaker, I rise today to recognize an American 
heroine and one of my constituents, Jean Springer. Jean was a twenty-
two year old student at Adelphi University, who instead of thinking 
about studying and exams, began thinking about how she could help her 
country in the War effort.
  In 1943, Jean joined the newly formed Women Air Force Service Pilots 
or WASP Corps and began flying non-combat missions in support of the 
United States Army Air Forces.
  Jean grew up in Long Island, New York. She learned to fly on Long 
Island and began a lifelong love of flying.
  Jean and more than one-thousand other female pilots joined the Army 
Air Forces WASP Corps in an effort to free up their male counterparts 
to fly combat missions in the war effort. At that time women pilots 
were prohibited from flying combat missions. Instead they flew missions 
to ferry military personnel, equipment and delivered new aircraft.
  Yesterday, the United States Congress honored these women by awarding 
them the Congressional Gold Medal, a recognition that was long overdue. 
It wasn't until 1977 that our nation recognized these women for their 
military service. The WASP Corps was disbanded in 1944.
  Jean relocated to Cincinnati over sixty years ago and is the retired 
Director of the Men's Mercantile Library Association. She is a mother 
of three and grandmother to four wonderful grandchildren, her family 
was present today to see her honored.
  Jean and the women of the Women Air Force Service Pilots Corp are 
true American Heros. I am extremely happy that today they were given 
the recognition they have long deserved.

                          ____________________




IN RECOGNITION OF GLEN KROHN FOR HIS YEARS OF SERVICE TO THE NEW LENOX 
                        FIRE PROTECTION DISTRICT

                                 ______
                                 

                       HON. DEBORAH L. HALVORSON

                              of illinois

                    in the house of representatives

                        Thursday, March 11, 2010

  Mrs. HALVORSON. Madam Speaker, on April 3, 2010, friends, family, and 
colleagues of Glen Krohn will gather to celebrate his 50 years of 
service to the New Lenox Fire Protection District. Today I join the 
chorus of praise for Glen's service.
  Glen, a 70 year resident of New Lenox, began his service to the New 
Lenox Fire Protection District on December 8, 1960. When he first 
began, Glen gave his time for little or no pay. His role in the fire 
department grew as he devoted additional time and effort for what he 
viewed as a great cause.
  Glen began his life of service to our country with three years in the 
US Army. He then began a half century of service to the New Lenox Fire 
Protection District. He has served as Lieutenant Engineer, Chief 
Engineer, and, since 1997, as Trustee. Glen has twice been awarded the 
honor of Firefighter of the Year. He is known to his colleagues as the 
historian of the fire district and is said to possess a heart of gold.
  Glen is also a loving grandfather, father, and husband. Glen and his 
wife, Doris, have been married for 56 years and have three children and 
seven grandchildren.
  The 11th Congressional District of Illinois and the community of New 
Lenox owe Glen Krohn a debt of gratitude. I am proud to represent him 
and all the wonderful firefighters who serve the 11th District. I 
congratulate Glen on being honored by his colleagues and wish him 
continued success.

[[Page 3261]]



                          ____________________




       HONORING ARIZONA WESTERN COLLEGE FOR HISTORIC SOLAR ARRAY

                                 ______
                                 

                         HON. RAUL M. GRIJALVA

                               of arizona

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. GRIJALVA. Madam Speaker, I rise today to honor Arizona Western 
College, a community college in southwestern Arizona that serves over 
13,000 full-time and part-time students in Yuma and La Paz Counties. 
Arizona Western College, in collaboration with Arizona Public Service 
and Power Purchase Agreement Inc., will be establishing the largest 
array of solar energy panels of any college in the country. The total 
solar installation, which will be on the college's main campus in Yuma, 
Arizona, will be 5 megawatts, generating enough energy to cover 100% of 
the college's energy needs.
  The installation will also be a testing site for manufacturers around 
the world as well as the foundation for education and workforce 
development in renewable energy technology. Arizona Western College is 
in the process of developing curriculum in solar energy technology, 
ranging from occupational certificates to an associate's degree program 
while plans to partner with university programs for bachelor and 
master's degrees are also underway. The installation will not only 
provide a source of clean energy for the campus, but it will also help 
train the next generation of ``green collar'' professionals. While the 
solar array will most surely change the face of the local economy, it 
also has the potential to impact solar technology research and 
education on a national and global scale. By training individuals in 
these technologies and supporting technological advances in solar 
energy production, Arizona Western College is leading the way to a 
clean energy economy.
  Arizona Western College's decision to enter this partnership will 
help reduce our country's dependence on unsustainable fossil fuels, 
actions which I applaud. By investing in renewable energy technologies 
and research, Arizona Western College will help make these technologies 
more affordable and readily available across America. Our country has 
been at the forefront of past technological revolutions, and with 
Arizona Western College spearheading the effort, America will be the 
leading innovator in solar energy technology.
  This project takes us one step closer to establishing a sustainable 
energy future. As a member of the House Committee on Natural Resources, 
I not only admire but also wholeheartedly support Arizona Western 
College's initiative to help lead the country in developing 
technologies that will help harness the power of the sun.

                          ____________________




                               SARA PLATT

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Sara Platt. 
Sara is a very special young woman who has exemplified the finest 
qualities of citizenship and leadership by taking an active part in the 
Girl Scouts of the USA and earning the high honor of the Gold Award.
  Sara's outstanding achievement reflects her hard work and dedication. 
Sara has exhibited unique and creative examples of service that have 
made a difference in her community. I am confident that she will 
continue to hold herself to the highest standards in the future. This 
is an accomplishment for which Sara can take pride in for the rest of 
her life.
  Madam Speaker, I proudly ask you to join me in commending Sara Platt 
for her accomplishments with the Girl Scouts of the USA and for her 
efforts put forth in achieving the highest distinction of the Gold 
Award.

                          ____________________




 CONGRATULATING JOHN D. McCARTHY WHO WAS NAMED MAN OF THE YEAR BY THE 
               WILKES-BARRE FRIENDLY SONS OF ST. PATRICK

                                 ______
                                 

                         HON. PAUL E. KANJORSKI

                            of pennsylvania

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. KANJORSKI. Madam Speaker, I rise today to ask you and my esteemed 
colleagues in the House of Representatives to pay tribute to John D. 
McCarthy, who was named ``Man of the Year'' by the Wilkes-Barre 
Friendly Sons of St. Patrick.
  Born in Wilkes-Barre, June 19, 1935, Mr. McCarthy graduated from St. 
Mary's High School and King's College where he earned a Bachelor of 
Science degree in business administration.
  Mr. McCarthy is chairman of the board of McCarthy Tire Service 
Company, Inc., one of the largest tire distributorships in North 
America and also Chairman of the Board of McCarthy Realty, Inc.
  Mr. McCarthy has, for many years, left an indelible and positive 
imprint on many groups and organizations in the Greater Wyoming Valley. 
He served on the boards of directors of the Wyoming Valley Health Care 
Systems, Inc., Pennsylvania American Water Company, Blue Cross/Blue 
Shield, Continental Bank and the Wilkes-Barre Housing Authority.
  He served as chairman of the board at the Wyoming Valley Health Care 
System and at the Wilkes-Barre Housing Authority.
  A member of the Fox Hill Country Club, he is also a member of the 
Knights of Columbus, Fourth Degree.
  Mr. McCarthy was awarded the ``Citizen of the Year'' by the Wilkes-
Bane Lions Club and ``Small Businessman of the Year'' by the Wilkes-
Barre Chamber of Commerce.
  Mr. McCarthy is married to the former Cecelia M. Corgan and they are 
the parents of Mary Ellen Horn, Kathleen Lambert and John D. McCarthy 
Jr. They also have seven grandchildren.
  Madam Speaker, please join me in congratulating Mr. McCarthy on this 
auspicious occasion. His extraordinary service to the community and his 
personal example has been inspirational to many. The contribution he 
has made has greatly enhanced the quality of life throughout the region 
and has earned him widespread respect and admiration.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                            HON. JIM JORDAN

                                of ohio

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. JORDAN of Ohio. Madam Speaker, I was absent from the House Floor 
during Tuesday evening's three rollcall votes.
  Had I been present, I would have voted in favor of H. Res. 1069 and 
H. Res. 935, and against H.R. 3650.

                          ____________________




 TRIBUTE TO CALIFORNIA CHIEF JUSTICE RONALD GEORGE ON THE OCCASION OF 
                           HIS 70TH BIRTHDAY

                                 ______
                                 

                           HON. ANNA G. ESHOO

                             of california

                    in the house of representatives

                        Thursday, March 11, 2010

  Ms. ESHOO. Madam Speaker, I rise today to honor the Chief Justice of 
California Supreme Court, Ronald Marc George on the occasion of his 
70th birthday and to thank him for his years of extraordinary public 
service to the people of California and beyond.
  Chief Justice George is married to his beloved wife, Barbara and they 
have three children . . . Eric, Andrew and Chris, and two 
grandchildren, Charlotte and Maya, daughters of Chris and his wife 
Rebecca.
  Born on March 11, 1940, Chief Justice George received his A.B. from 
Princeton University's Woodrow Wilson School of Public and 
International Affairs in 1961, and a J.D. from Stanford University in 
1964. Currently serving as the 27th Chief Justice of California, he 
heads the Supreme Court of California as well as the Judicial Council 
of California.
  Chief Justice George has had a long and distinguished career. He was 
appointed to the Supreme Court of California in 1991 by Governor Pete 
Wilson after serving on the bench in the Los Angeles Municipal Court, 
the Los Angeles Superior Court and on the Court of Appeals. He also 
served as Deputy Attorney General in the California Department of 
Justice where he prepared six oral arguments and briefs for the U.S. 
Supreme Court.
  Chief Justice George served as the President of the Conference of 
Chief Justices, Chair of the Board of Directors in the National Center 
for State Courts, President of the California Judges Association, as 
well as many other activities and associations outside his work on the 
bench. He has been honored by numerous organizations including the 
Consumer Attorneys' Association of Los Angeles' Roger J. Traynor 
Memorial Award in 2009, the Bar Association of San Francisco's Champion 
of Justice Award in 2008, the American Bar Association's John Marshall 
Award in 2007 and the Legal Writing Institute's Golden Pen

[[Page 3262]]

Award in 2007. His accomplishments and recognitions are simply too many 
to name. In addition to his judicial commitments and volunteer 
activities, he takes time to lecture at numerous judicial education 
programs, law schools and events around the country to share his 
experience and legal expertise.
  Madam Speaker, I ask the entire House of Representatives to join me 
in offering our best wishes to Chief Justice Ronald George on the very 
special occasion of his 70th birthday, and extend our gratitude for his 
integrity, his love of the Constitution and his exemplary leadership 
which strengthens California's judicial system and our nation as well.

                          ____________________




           RECOGNITION FOR THE 2010 TUCSON FESTIVAL OF BOOKS

                                 ______
                                 

                        HON. GABRIELLE GIFFORDS

                               of arizona

                    in the house of representatives

                        Thursday, March 11, 2010

  Ms. GIFFORDS. Madam Speaker, I rise today to recognize the 2010 
Tucson Festival of Books, which will be held at the University of 
Arizona on March 13 and 14.
  The Tucson Festival of Books is a celebration of literacy and an 
opportunity for those of us who cherish books to meet the men and women 
who write them. It is, ultimately, a community's recognition of the 
great value we place on the written word.
  As the proud home of the University of Arizona, Tucson is the ideal 
place for a festival of books. The Festival brings together more than 
450 authors and presenters who will speak about their work, sign their 
books and answer questions about their craft.
  Now in its second year, the Tucson Festival of Books will have 
writing workshops and competitions, panel presentations, children's 
activities, storytelling, artists and musicians. The Festival truly 
provides something for readers of all ages. In 2009 more than 50,000 
people attended the Festival and an even larger turn out is expected 
this year. Clearly the people of Southern Arizona have a strong love of 
books and reading.
  As much fun and informative as the Festival will be, it also serves a 
larger purpose. I believe that the Tucson Festival of Books can help us 
improve literacy and encourage young people to expand their knowledge 
of the world. It is a reminder of how essential books and the 
information they impart are to our society and to our form of 
government. In 2009, the Festival raised $200,000, which was 
distributed to agencies providing literacy services in Tucson.
  ``Once you learn to read,'' Frederick Douglass told us, ``you will be 
forever free.'' The Tucson Festival of Books plays an important role in 
fulfilling that promise.
  The 2010 Tucson Festival of Books is sponsored by the University of 
Arizona, the Arizona Daily Star and The Diamond Children's Medical 
Center.
  The Festival is organized and run by the Tucson Festival of Books 
Foundation, a non-profit organization. It was founded by Bill Viner, 
President of the Foundation Board of Directors. He is joined in this 
labor of love by Board Vice Presidents Frank Farias and John M. 
Humenik, Treasurer Bruce Beach and Secretary Brenda Viner. The Festival 
would not be possible without their hard work and dedication and the 
efforts of many volunteers. On behalf of a grateful community I thank 
and commend them for bringing us this incredible gift.

                          ____________________




        IN MEMORY OF CROSWELL FIRE CHIEF THOMAS A. DICKENSHEETS

                                 ______
                                 

                         HON. CANDICE S. MILLER

                              of michigan

                    in the house of representatives

                        Thursday, March 11, 2010

  Mrs. MILLER of Michigan. Madam Speaker, I come to the floor today to 
honor and remember the life of Thomas A. Dickensheets. Sadly, at just 
the age of 55 years old, he unexpectedly died on Sunday, March 7th, 
2010. I offer my deepest sympathy and condolences to his family, 
friends and colleagues from the City of Croswell. I know this is an 
extremely difficult time as they mourn his passing, but hopefully they 
can find comfort and solace and eventually start the healing process.
  Tom was a loyal and dedicated employee for the City of Croswell. He 
served his community with great pride and enthusiasm while performing 
numerous functions in many different capacities. He worked for the 
Croswell Department of Public Works (DPW) for 25 years, serving as the 
Superintendent for 11 years as well as the City's Zoning Administrator 
and Cemetery Sexton.
  In addition, he achieved 34 years of service as a Volunteer Fireman 
and was the Chief for the past 22 years. His knowledge, expertise, and 
commitment to the safety and security of this community will be 
significantly missed. He dedicated his life to protecting property and 
saving lives. Instead of running away from a threat, Chief Dickensheets 
hurried to the firehouse to throw on his gear and race towards the 
emergency and danger that awaited him. That is an admirable 
characteristic that many would not choose to pursue on a daily basis 
and as a profession. There is no doubt his impeccable integrity has 
created a void throughout Sanilac County, the 10th Congressional 
District and the State of Michigan. He truly was an outstanding person.
  Chief Dickensheets' life demonstrates a consistent pattern of going 
above and beyond the required call of duty. He served his community 
through numerous roles such as the City of Croswell Emergency 
Management, Sanilac County 911 Committee Member, and President of the 
Sanilac County Firemen's Association, President of the Sanilac County 
Police Firemen Field Day Association, Regional Homeland Security 
Committee Member, and a Sanilac County Fire Training Committee Member. 
These are just some of the leadership roles Tom pursued during his 
tenure with the city.
  I cannot imagine how heart-breaking this time is for the family of 
Mr. Dickensheets and the City of Croswell. Tom was an inspirational 
leader and a wonderful man. He loved his family, community and country 
very much. He always strived to improve the world around him and the 
fire department he served so proudly. Without question, he will be 
severely missed but definitely not forgotten.
  In closing, it is an honor to have an opportunity to recognize his 
lifetime of achievements and offer my sincere gratitude and thanks for 
his service. My thoughts and prayers go out to all of those who knew 
Chief Dickensheets. May he rest in peace and receive eternal rest.

                          ____________________




                             MICAH PROCTOR

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Micah 
Proctor. Micah is a very special young woman who has exemplified the 
finest qualities of citizenship and leadership by taking an active part 
in the Girl Scouts of the USA and earning the high honor of the Gold 
Award.
  Micah's outstanding achievement reflects her hard work and 
dedication. Micah has exhibited unique and creative examples of service 
that have made a difference in her community. I am confident that she 
will continue to hold herself to the highest standards in the future. 
This is an accomplishment for which Micah can take pride in for the 
rest of her life.
  Madam Speaker, I proudly ask you to join me in commending Micah 
Proctor for her accomplishments with the Girl Scouts of the USA and for 
her efforts put forth in achieving the highest distinction of the Gold 
Award.

                          ____________________




                   MOURNING THE PASSING OF JON JONES

                                 ______
                                 

                            HON. JANE HARMAN

                             of california

                    in the house of representatives

                        Thursday, March 11, 2010

  Ms. HARMAN. Madam Speaker, I rise today to mourn the passing of my 
friend Jon Jones, the Vice President of Raytheon Company and President 
of Raytheon Space and Airborne Systems (SAS)--and to celebrate his 
life.
  Jon was a single father with sole custody of his two beloved 
daughters. He was a proud family man and was pleased to see them grow 
successfully into adulthood--Alexis, a nurse practitioner who does 
research at USC, and Ashley, a student at the University of Arizona. He 
was looking forward to Alexis' wedding in May.
  Jon led a life devoted to others. In addition to supporting numerous 
veterans' charities and causes, Jon is remembered for his authenticity, 
his even temper, and the kindness with which he treated others.
  He was a proud native of California and a true Bruins fan serving on 
the Dean's Advisory Council at UCLA School of Engineering, where he was 
scheduled to give the commencement address in May.
  He was Raytheon Executive Diversity Champion and throughout his 
career served as a model for inclusion and embracing diverse viewpoints 
to solve some of our nation's most difficult technology challenges.

[[Page 3263]]

  He pioneered the development of the Sidewinder missile and the 
Tomahawk cruise missile, both of which have provided critical 
capabilities to our nation's military.
  Jon served as Vice President and Deputy General Manager of Space and 
Airborne Systems before becoming its president in 2005. He demonstrated 
for his 12,400 employees the professionalism and self-confidence that 
allows them to serve their country so well. He demanded excellence and 
got it, turning a troubled Raytheon contract around after some major 
challenges.
  Jon was an admired innovator. He won the Malcolm R. Currie Innovation 
award in 1996. He was named the State of Arizona's Innovator of the 
Year in 1997, and he received Raytheon's corporate Excellence in 
Technology Award for advancements in infrared guided missiles in 2001.
  He was an advocate for the warfighter, a patriot, and a successful 
businessman and innovator, but most importantly, a devoted and 
wonderful father. My colleagues and I who knew and worked closely with 
him mourn his passing.

                          ____________________




  CONGRATULATING HON. JAMES M. MUNLEY FOR 25 YEARS OF SERVICE TO THE 
           FRIENDLY SONS OF ST. PATRICK OF LACKAWANNA COUNTY

                                 ______
                                 

                         HON. PAUL E. KANJORSKI

                            of pennsylvania

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. KANJORSKI. Madam Speaker, I rise today to ask you and my esteemed 
colleagues in the House of Representatives to pay tribute to Hon. James 
M. Munley, senior Federal District Court Judge of the Middle District 
of Pennsylvania, who is being honored for 25 years of service to the 
Friendly Sons of St. Patrick of Lackawanna County, Pennsylvania.
  Judge Munley was nominated by President William Clinton, confirmed by 
the United States Senate and sworn in as a federal district judge on 
October 26, 1998.
  A graduate of the University of Scranton and Temple Law School, he 
also graduated from the National College of State Trial Judges in 
Nevada and pursued additional legal studies at Harvard Law School, 
Massachusetts, and participated in national security seminars at the 
U.S. Army War College in Carlisle, Pennsylvania.
  He served in the United States Army from 1958 to 1960 during which he 
was stationed in Germany.
  Formerly engaged in the practice of law with his brother, Attorney 
Robert W. Munley, from 1964 to 1978, he was elected as Judge of the 
Court of Common Pleas November 8, 1977, and was retained for additional 
terms in 1987 and 1997.
  In 1986 he was appointed by the Pennsylvania Supreme Court to serve 
on the Judicial Inquiry and Review Board. He was elected chairman of 
that board in 1989.
  He has lectured, taught and written extensively on the law over the 
years and has remained active in the Lackawanna County, Pennsylvania 
and American Bar Associations.
  Judge Munley has also been active in the Boy Scouts, Friendly Sons of 
St. Patrick, Ancient Order of Hibernians, Knights of Columbus and the 
Country Club of Scranton.
  He has also been actively involved in Lourdesmont, Good Shepherd 
Youth and Family Services, St. Joseph's Hospital School of Nursing, 
Lackawanna County United Way, Everhart Museum, First National Bank, 
Peckville; Pennsylvania Trial Lawyers Association, Pennsylvania Trial 
Judges Association and its State Ethics Committee.
  He has received numerous awards from Marywood University, University 
of Scranton, Women's Resource Center of Scranton, Boy Scouts, American 
Legion, Temple University, Young Lawyers of the Lackawanna County Bar 
Association, Judicial Inquiry and Review Board, Dickinson School of Law 
and Bethel A.M.E. Church of Scranton.
  Married to Dr. Kathleen P. Munley, a professor at Marywood 
University, they are the parents of two daughters, Attorney Julia K. 
Munley and Gwendolyn Munley.
  Madam Speaker, please join me in congratulating Judge Munley on this 
auspicious occasion. His exemplary service to his profession and to his 
community has improved the quality of life throughout the region.

                          ____________________




  COMMEMORATING THE 31ST ANNUAL WINDHAM SPECIAL OLYMPICS INVITATIONAL 
                               SWIM MEET

                                 ______
                                 

                           HON. JOE COURTNEY

                             of connecticut

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. COURTNEY. Madam Speaker, I rise today to commemorate and honor 
the 31st Annual Windham Special Olympics Invitational Swim Meet. This 
Saturday, I will have the great pleasure of attending the Opening 
Ceremony of this event with hundreds of athletes, families and 
volunteers from around the region. I am familiar with the good work of 
Special Olympics Connecticut and am particularly excited for Saturday's 
meet.
  All of the events that the Special Olympics organizes are first and 
foremost about the athletes who participate in them. They provide a 
unique opportunity for these individuals to compete and learn the 
benefits of regular training and physical fitness activities. In 
addition to the athletic component, I want to highlight the 
overwhelmingly positive impact that Special Olympics competitions have 
on the lives of the athletes. The social, educational, and professional 
skills that are gained from mere involvement in these programs are 
outcomes that the organization and the athletes should be tremendously 
proud of.
  I also want to take this opportunity to acknowledge the many 
volunteers and other members of the community that make each and every 
Special Olympics event possible. Without them, the athletes and their 
families could not enjoy the activities and terrific memories that come 
from these events. Thank you for all your service and good luck to the 
athletes competing in the Windham Special Olympics Invitational Swim 
Meet.

                          ____________________




                              LACY RADZIEJ

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Lacy Radziej. 
Lacy is a very special young woman who has exemplified the finest 
qualities of citizenship and leadership by taking an active part in the 
Girl Scouts of the USA and earning the high honor of the Gold Award.
  Lacy's outstanding achievement reflects her hard work and dedication. 
Lacy has exhibited unique and creative examples of service that have 
made a difference in her community. I am confident that she will 
continue to hold herself to the highest standards in the future. This 
is an accomplishment for which Lacy can take pride in for the rest of 
her life.
  Madam Speaker, I proudly ask you to join me in commending Lacy 
Radziej for her accomplishments with the Girl Scouts of the USA and for 
her efforts put forth in achieving the highest distinction of the Gold 
Award.

                          ____________________




 CONGRATULATING THE REV. BERNARD R. McILHENNY, S.J., THE RECIPIENT OF 
    THE PRESIDENT'S AWARD FROM THE FRIENDLY SONS OF ST. PATRICK OF 
                           LACKAWANNA COUNTY

                                 ______
                                 

                         HON. PAUL E. KANJORSKI

                            of pennsylvania

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. KANJORSKI. Madam Speaker, I rise today to ask you and my esteemed 
colleagues in the House of Representatives to pay tribute to the Rev. 
Bernard R. McIlhenny, S. J., who is being honored by the Friendly Sons 
of St. Patrick of Lackawanna County, Pennsylvania, with their 2010 
President's Award.
  Currently the Dean of Admissions Emeritus at the University of 
Scranton and minister of the Jesuit Community at Scranton, Father 
McIlhenny was ordained a priest at Woodstock College on June 17, 1956. 
He spent the last year of his training at Auriesville, New York.
  On July 1, 1958, he was named fourth headmaster at Scranton 
Preparatory School where he spent the next eight years. In 1966, he was 
assigned as Dean of Admissions at the University of Scranton where he 
remained for the next 31 years.
  On June 1, 1997, Father McIlhenny retired as Dean of Admissions to 
become Administrator of the Scranton Jesuit Community.
  He received an honorary degree from the University of Scranton on May 
26, 1998, and, on September 13, 2009, the University recognized Father 
McIlhenny's years of dedicated service by naming the Rev. Bernard R. 
McIlhenny Ballroom in his honor.
  Born in Philadelphia on March 27th, 1926, Father McIlhenny is the son 
of Bernard and Marie Seiberlich McIlhenny. He graduated from St. 
Joseph's Preparatory School in Philadelphia. He entered St. Joseph's 
University in 1943 and entered the Novitiate of the Society

[[Page 3264]]

of Jesus in Wernersville, Pennsylvania, in February, 1944.
  Father McIlhenny attended his first Friendly Sons of St. Patrick 
dinner in 1959 and has been enjoying the event ever since.
  Father McIlhenny has distinguished himself throughout northeastern 
Pennsylvania over the years for his extraordinary service to his 
Church, to his community and to the Friendly Sons of St. Patrick of 
Lackawanna County.
  Madam Speaker, please join me in congratulating Father McIlhenny on 
this auspicious occasion. His personal example has been an inspiration 
to many and he has contributed greatly to the improvement of the 
quality of life throughout the region.

                          ____________________




 HONORING THE REVEREND DR. S. L. ROBERSON ON THE OCCASION OF HIS 90TH 
                                BIRTHDAY

                                 ______
                                 

                          HON. JOHN D. DINGELL

                              of michigan

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. DINGELL. Madam Speaker, I rise today in honor of my friend S. L. 
Roberson of Ypsilanti, Michigan and to pay tribute to him on the 
occasion of his upcoming 90th birthday on Saturday, March 14th, 2010.
  The Reverend Dr. S. L. Roberson is a pillar of the Ypsilanti-area 
community, a servant for his fellow man and a dear friend of mine; one 
whose wisdom and counsel I have been lucky to receive.
  S. L. Roberson was born in Alabama to Estella and Reverend Gaither 
Roberson, Sr., on March 14th, 1920. As a child he moved to Michigan and 
received his education in the Ypsilanti Public Schools. The church has 
always been central to S. L.'s life, and he was baptized at an early 
age while attending Second Baptist Church of Ypsilanti where his father 
served as pastor. It was at this time that S. L. received his calling, 
preached his trial sermon and was ordained in his ministry. He was 
later called to pastor the now Metropolitan Memorial Full Gospel 
Baptist Church and has led that congregation for over 50 years. S. L. 
has undergraduate degrees from Eastern Michigan University, has studied 
at Detroit Bible College and has a doctorate of divinity from Urban 
Bible College. Reverend Roberson has also served his country with great 
pride and distinction as a member of the United States Marine Corps. He 
is quick to tell you that once a Marine, always a Marine.
  My friend S. L. is a devoted husband to Elder Hollie Roberson, who is 
not only his wife, but his ``right hand.'' He is also the loving father 
of five children, but he serves as a fatherly figure to many more 
individuals throughout our community.
  Reverend Roberson's service has not gone unnoticed. He has received 
many distinctions, including the Liberty Bell from the Lawyers 
Association, the Ypsilanti Police Department Honor Award, and the 
Washtenaw Community College Service Award. December 14th has even been 
recognized as Reverend S. L. Roberson Day in the City of Ypsilanti. In 
addition to these achievements, I had the pleasure of hosting Reverend 
Roberson when he gave the opening prayer for the United States House of 
Representatives on September 5, 2007.
  As he celebrates his 90th birthday on March 14th, 2010, I hope that 
S. L. Roberson will know how beloved he is by his community, myself 
included. S. L. has lived a life of service, dedicating himself to his 
fellow human beings and the great cause of justice. I ask that the 
House join me in paying tribute to a fine and decent man as he comes to 
this remarkable milestone in a life so well lived.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                            HON. JAY INSLEE

                             of washington

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. INSLEE. Madam Speaker, on rollcall No. 95 I was unavoidably 
detained. Had I been present, I would have voted ``yes.''

                          ____________________




                             KRISTINA SEVY

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Kristina 
Sevy. Kristina is a very special young woman who has exemplified the 
finest qualities of citizenship and leadership by taking an active part 
in the Girl Scouts of the USA and earning the high honor of the Gold 
Award.
  Kristina's outstanding achievement reflects her hard work and 
dedication. Kristina has exhibited unique and creative examples of 
service that have made a difference in her community. I am confident 
that she will continue to hold herself to the highest standards in the 
future. This is an accomplishment for which Kristina can take pride in 
for the rest of her life.
  Madam Speaker, I proudly ask you to join me in commending Kristina 
Sevy for her accomplishments with the Girl Scouts of the USA and for 
her efforts put forth in achieving the highest distinction of the Gold 
Award.

                          ____________________




              HONORING LIEUTENANT GENERAL JAMES F. RECORD

                                 ______
                                 

                            HON. STEVE BUYER

                               of indiana

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. BUYER. Madam Speaker, I am here to honor a fellow Hoosier, 
Lieutenant General James F. Record, who passed away on December 22, 
2009. He is being interred tomorrow at his final resting place, a short 
distance from here, at Arlington National Cemetery. Born and raised in 
Indiana, General Record's distinguished career and service to our 
nation makes me especially proud to recognize the accomplishments of 
this Hoosier patriot.
  General Record graduated from Purdue University in West Lafayette in 
1961 with a Bachelor's degree in Animal Science. Shortly after 
graduation, he was commissioned as a Second Lieutenant in the Air Force 
through Purdue's Reserve Officer Training Corps Program.
  After graduating from pilot training, General Record served as an 
instructor pilot at Laredo Air Force Base, Texas. In 1967, he was 
deployed to combat in Vietnam where he served meritoriously for two 
years. Following his tour in Vietnam, he became commander of the 8th 
Tactical Fighter Wing stationed in South Korea, the 58th Tactical 
Training Wing, and the 388th Tactical Fighter Wing. In 1985, he was 
promoted to Brigadier General and took command of the 833rd Air 
Division.
  Following his command tour with the 833rd, he served as deputy 
commander of the Joint Task Force Middle East in the Persian Gulf. 
General Record also served as the chief of staff for the United Nations 
Command and the Republic of Korea/United States Combined Forces Command 
in Seoul, South Korea. While serving as vice commander of the 12th Air 
Force and U.S. Southern Command Air Forces, he took command of the 
Joint Task Force Southwest Asia. In 1995, he was named commander of the 
12th Air Force and U.S. Southern Command Air Forces and promoted to 
Lieutenant General. General Record retired from the Air Force in 1997.
  Throughout his career, General Record accumulated over 6,000 flight 
hours and received numerous awards and decorations. Among his many 
medals for meritorious service, General Record received the Defense 
Distinguished Service Medal with oak leaf cluster, Defense Superior 
Service Medal, the Legion of Merit with three oak leaf clusters, the 
Distinguished Flying Cross with two oak leaf clusters, the Bronze Star 
Medal, the Defense Meritorious Service Medal, the Meritorious Service 
Medal with three oak leaf clusters, the Air medal with 27 oak leaf 
clusters, the Air Force Commendation Medal, Vietnam Service Medal with 
six service stars, the Republic of Vietnam Gallantry Cross with Palm, 
and the Republic of Vietnam Campaign Medal.
  While General Record's passing brings great sadness to our beloved 
country, his family, and his friends, we as Americans should be 
thankful that people like him dedicate their lives to the cause of 
liberty and make countless sacrifices so that we may enjoy the 
blessings of freedom. Today, I salute this honorable and distinguished 
warrior, a role model for Hoosiers and all Americans, as the nation 
bids him farewell.

                          ____________________




     HONORING THE CALIFORNIA NATIONAL GUARD 235TH ENGINEER COMPANY

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                        Thursday, March 11, 2010

  Ms. WOOLSEY. Madam Speaker, I rise today to honor the California 
National Guard 235th Engineer Company, SAPPER, who recently returned 
from a tour in Afghanistan as part of Operation Enduring Freedom.
  Their mission in Afghanistan was to clear the routes of improvised 
explosive devices,

[[Page 3265]]

IEDs, to allow the infantry freedom of movement. They were the front 
line for the front line! These brave soldiers risked their lives every 
day for their comrades and returned as the most decorated unit. They 
also received the Valorous Unit Award which is awarded to a unit that 
displays extraordinary heroism in actions against the enemy.
  As part of their primary mission, 235th Engineer Company cleared more 
than 10,000 kilometers of road in 5 separate battle spaces and more 
than 208,000 square meters around Bagram Air Base, destroyed 4,800 
pieces of unexploded ordnance and land mines, and found 54 IEDs.
  In addition, they completed 220 combat missions (enduring 32 IED 
strikes and 25 other enemy engagements) as well as 2 FOB defense 
missions. They captured 604 persons of interest and conducted 11 named 
operations, 5 air-assault missions, and 17 combat resupply missions 
during the heat of battle. Medics helped in more than 30 mass casualty 
and MEDEVAC trauma events.
  Through their deployment there was no single loss of life, limb, or 
eyesight.
  Our courageous SAPPERs earned 39 Purple Hearts, 23 Bronze Stars, 2 
Meritorious Service Medals, 87 Army Commendation Medals, 5 Army 
Achievement Medals, 87 Combat Action Badges, 4 Combat Medic Badges, and 
received a special commendation from the Polish Battle Group Commander.
  Madam Speaker, it is my privilege to honor the 235th Engineer Company 
for their service to our Nation. Our heroic soldiers were true to the 
SAPPER creed by completing the mission regardless of available assets 
and overcoming insurmountable odds.

                          ____________________




CONGRATULATING JAMES A. GILMARTIN, RECIPIENT OF THE W. FRANCIS SWINGLE 
      AWARD FROM THE GREATER PITTSTON FRIENDLY SONS OF ST. PATRICK

                                 ______
                                 

                         HON. PAUL E. KANJORSKI

                            of pennsylvania

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. KANJORSKI. Madam Speaker, I rise today to ask you and my esteemed 
colleagues in the House of Representatives to pay tribute to James A. 
Gilmartin, who was selected to receive the ``W. Francis Swingle Award'' 
from the Greater Pittston Friendly Sons of St. Patrick in Luzerne 
County, Pennsylvania.
  Born in Pittston, Pennsylvania, Mr. Gilmartin graduated from Pittston 
High School, Class of 1952.
  He worked in private industry for six years before enrolling in 
King's College Night School in 1958. In 1960, he became a full-time 
student and graduated with a bachelor's degree in economics in 1962.
  Mr. Gilmartin returned to his high school alma mater where he was 
appointed as a teacher of social studies for five years until he moved 
to Hamburg, Pennsylvania, to accept a position as assistant junior-
senior high school principal.
  He moved through the ranks, serving as assistant superintendent for 
seven years and, in 1978, was named superintendent of schools, a 
position he held until his retirement.
  Subsequently, he has served in eight school districts and the 
Intermediate Unit in temporary capacities.
  Mr. Gilmartin continues to be involved in education, serving as a 
reader for the Educational Testing Service and as a special education 
auditor for the Pennsylvania Department of Education. During the last 
school year, he served as a mentor to two new administrators as part of 
the Principal's Leadership Initiative and as an advisor to the 
Superintendent of the Pittston Area School District.
  He is a member of the Board of Trustees of the Reading Area Community 
College, Hamburg Center Board of Trustees, a member of the Berks County 
Municipal Authority and he also serves on U.S. Congressman Tim Holden's 
Academy Selection Team.
  He has been active with the volunteer fire and ambulance units in 
Pittston.
  He has also written a weekly newspaper column for the Pittston Sunday 
Dispatch in recent years.
  Mr. Gilmartin has noted that it was W. Francis Swingle, a former 
King's College professor, who guided him through the college enrollment 
process more than 50 years ago. In 2002, Mr. Gilmartin established a 
scholarship at King's College that provides a substantial four-year 
award to a student from the Greater Pittston Area. The application and 
selection process is determined by the Greater Pittston Friendly Sons 
of St. Patrick.
  Madam Speaker, please join me in congratulating Mr. Gilmartin on this 
notable occasion. His commitment to the education of our young people 
is evidence of the positive influence W. Francis Swingle had on him 
more than a half century ago and his selection to receive the Swingle 
Award is a fitting tribute to both.

                          ____________________




 INTRODUCTION OF ``THE NEXT GENERATION 9-1-1 PRESERVATION ACT OF 2010''

                                 ______
                                 

                           HON. ANNA G. ESHOO

                             of california

                    in the house of representatives

                        Thursday, March 11, 2010

  Ms. ESHOO. Madam Speaker, I rise today to introduce ``The Next 
Generation 9-1-1 Preservation Act of 2010.'' This bill represents the 
combined work of my colleague and 
E9-1-1 Caucus Co-Chair, John Shimkus, as well as our Senate Co-Chair 
counterparts, Senators Amy Klobuchar and Richard Burr.
  I'm very grateful to my colleagues for their efforts. Representative 
Shimkus and I are the remaining original co-founders of the E9-1-1 
Caucus and we have shared in its mission over the years. I'm very 
pleased that Senators Klobuchar and Burr have joined us in this 
important work. Together, we will make a difference in the lives of 
millions of Americans who call 9-1-1 each day.
  For the past seven years, the E9-1-1 Caucus has worked in a bi-
partisan, bicameral fashion to ensure that 9-1-1 call centers have 
essential technology to perform their life-saving tasks. In 2004, we 
introduced the ENHANCE 911 Act, which established a National 9-1-1 
Office to coordinate the implementation of Enhanced 9-1-1 services at 
the Federal, State and local levels. We provided funding resources for 
a grant program and made certain that funds collected on 
telecommunications bills for 9-1-1 were used only in support of 9-1-1 
services.
  We followed up on this initial core legislation with language in the 
``Implementing Recommendations of the 9/11 Commission Act of 2007;'' 
the ``New and Emerging Technologies 9-1-1 Improvement Act of 2008;'' 
and the ``National 9-1-1 Education Month Resolution in 2008.'' The 2008 
Farm bill also included language to make loans to improve 9-1-1 access 
to entities eligible to borrow from the Rural Utilities Service.
  Our work and dedication to 9-1-1 call centers is ongoing and evolving 
because technology changes and new tools have become available to 
upgrade safety protocols. In part, that's why we call the new program 
``Next Generation 9-1-1.'' We have moved from the point where we are 
mainly concerned about enhanced services for location identification. 
Now we take global positioning technology for granted. We need to focus 
on coordinated efforts to recognize essential technology and upgrades, 
and facilitate this process at the national level through a 
coordinated, Federal effort. We need to enhance interoperability and 
citizen access, while providing tools for the call centers as they 
route information and coordinate responses.
  The Next Generation 9-1-1 bill authorizes $250 million in grants for 
each fiscal year for the next five years for ongoing programming and 
moves the Coordination Office to the National Telecommunications and 
Information Administration at the Department of Commerce. When this 
program initially began, it was placed in the Department of 
Transportation, but we now recognize that NTIA is the proper location 
for public safety technology grants and programming.
  We also remain concerned about states that raise funds for 9-1-1 
services on consumers' telecommunications bills, but divert those funds 
for other budgetary purposes. Now, more than ever, we need to provide 
incentives for States to keep their promise to use the funds for the 
purpose for which they were raised. We cannot permit routine raids of 
the 9-1-1 coffers at the expense of public safety.
  And that's what this bill really is about--public safety at its most 
basic level. The first tool of first responders is the E9-1-1 call 
center. Let's ensure that these centers have the tools that they need 
to serve the public and keep us all safe.

                          ____________________




     HONORING RITA WISCHMEYER AND THE WOMEN AIRFORCE SERVICE PILOTS

                                 ______
                                 

                       HON. EDDIE BERNICE JOHNSON

                                of texas

                    in the house of representatives

                        Thursday, March 11, 2010

  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I am so privileged 
to rise today to recognize Ms. Rita Wischmeyer and

[[Page 3266]]

the members of the Women Airforce Service Pilots.
  These women truly broke gender barriers and defied tradition when 
they served as military pilots during World War II. From September 10, 
1942 until December 20, 1944, roughly 1,000 women served in this group 
and helped to lay groundwork for future generations of women to serve 
in the armed forces, and particularly, as pilots. Their actions were 
both heroic and daring, and we honor their legacy with heartfelt thanks 
and warm thoughts.
  Recently the Women Air Force Service Pilots were honored with the 
Congressional Gold Medal, and I applaud them on receiving this long 
overdue recognition. America is a better country because of these women 
and because of their service, and I extend a personal thank you for 
their sacrifice.
  Additionally, I would be remiss if I did not mention Ms. Rita 
Wischmeyer, a citizen from my district, who served with this group. We 
can all learn a valuable lesson from her courage in the face of 
discrimination and willingness to give to her country. Together with 
these women, Ms. Wischmeyer helped to change the course of history so 
that people could serve both in the military and as pilots, regardless 
of gender.
  Madam Speaker, the Women Airforce Service Pilots were remarkable 
women that gave unselfishly and wholeheartedly for their country. I ask 
my fellow colleagues today to join me in honoring their accomplishments 
and celebrating their legacy for future generations of women.

                          ____________________




     HONORING THE 100TH ANNIVERSARY OF THE TRUELIGHT BAPTIST CHURCH

                                 ______
                                 

                         HON. JERRY F. COSTELLO

                              of illinois

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. COSTELLO. Madam Speaker, I rise today to ask my colleagues to 
join me in recognizing the 100th Anniversary of Truelight Baptist 
Church in East St. Louis, Illinois.
  In 1910, a small congregation was formed under the leadership of the 
Reverend James Alfred Lampley. This was the founding of Truelight 
Baptist Church in East St. Louis, Illinois. Serving with Pastor Lampley 
as the original church officers were Deacons John Wright and Charles 
King, Clerk Mary King, and Treasurer Frank Settles.
  Originally located at 14th Street and Baker Avenue, Truelight Baptist 
Church would move several times as the requirements and size of the 
congregation grew, while always staying within the same East St. Louis 
neighborhood. When the current, brick church at 1535 Tudor Avenue was 
under construction, the congregation met for a time at the funeral home 
of one of its members. When the first floor of the church was 
completed, the congregation marched from the funeral home to the new 
church building.
  Upon the death of founding Pastor Lampley in 1956, Reverend Henry 
Nicholson was chosen as pastor at the very young age of 23. Pastor 
Nicholson continues to serve as pastor to this day. It is a rare 
blessing that Truelight Baptist Church has had only two pastors in its 
100 year history.
  Truelight Baptist Church has grown and expanded since its humble 
beginnings. Several parishioners have moved but continue to return for 
services. The congregation has started several ministries and has 
developed an active participation in social, political and educational 
issues while remaining rooted in its spiritual foundation.
  Madam Speaker, I ask my colleagues to join me in honoring the 100th 
Anniversary of Truelight Baptist Church and to wish the congregation 
the best for many years to come.

                          ____________________




                           JENNIFER ROBINSON

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Jennifer 
Robinson. Jennifer is a very special young woman who has exemplified 
the finest qualities of citizenship and leadership by taking an active 
part in the Girl Scouts of the USA and earning the high honor of the 
Gold Award.
  Jennifer's outstanding achievement reflects her hard work and 
dedication. Jennifer has exhibited unique and creative examples of 
service that have made a difference in her community. I am confident 
that she will continue to hold herself to the highest standards in the 
future. This is an accomplishment for which Jennifer can take pride in 
for the rest of her life.
  Madam Speaker, I proudly ask you to join me in commending Jennifer 
Robinson for her accomplishments with the Girl Scouts of the USA and 
for her efforts put forth in achieving the highest distinction of the 
Gold Award.

                          ____________________




                     A TRIBUTE TO TOM A. CURTSINGER

                                 ______
                                 

                           HON. BRETT GUTHRIE

                              of kentucky

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. GUTHRIE. Madam Speaker, I rise today to honor Tom A. Curtsinger 
of Owensboro, Kentucky for his service both to his country and the 
Commonwealth.
  Born in Graves County, Mr. Curtsinger grew up working on his family 
farm and honorably served in the US Air Force during World War II. 
After his service, Mr. Curtsinger received his bachelor's degree in 
agriculture and his master's degree from the University of Kentucky.
  Tom and his wife Rose were married in 1954, and they have five 
children, ten grandchildren, and two great grandchildren. In 1968, when 
Mr. Curtsinger was hired as Daviess County's 2nd Extension Agent, the 
Curtsinger family moved to Owensboro, where they still reside today.
  During his work in Daviess County, crop yields improved by nearly 100 
percent, an accomplishment that greatly benefited his community.
  For all his hard work and dedication, Mr. Curtsinger received the 
Kentucky Farm Bureau Federation's Distinguished Service to Agriculture 
Award on December 12, 2000. He also received the Lifetime Achievement 
Award from the Rural Life Celebration Committee recognizing Mr. 
Curtsinger's commitment to promoting the agriculture industry and 
helping his community.
  As a leader in Daviess County, Mr. Curtsinger has been involved with 
many organizations, including serving as Treasurer and Secretary of the 
DC Lions Club and past president of the Kentucky Agriculture County 
Extension Agent Association. Mr. Curtsinger has also served as an 
honorary board member of the DC Farm Bureau and is the founder and 
organizer of the Annual Agriculture Farm Expo.
  I want to thank Mr. Curtsinger, along with Rose and their family, for 
serving as role models for all Kentucky families, especially those 
within the rapidly changing farming industry. I wish them nothing but 
the best, and I hope their success continues for many years to come.

                          ____________________




                      HONORING MR. JACK JONES JR.

                                 ______
                                 

                           HON. BRIAN HIGGINS

                              of new york

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. HIGGINS. Madam Speaker, I rise today to pay tribute to the years 
of service given to the people of Chautauqua County by Mr. Jack Jones 
Jr. Mr. Jones served his constituency faithfully and justly during his 
tenure as the Supervisor for the Town of Carroll.
  Public service is a difficult and fulfilling career. Any person with 
a dream may enter but only a few are able to reach the end. Mr. Jones 
served his term with his head held high and a smile on his face the 
entire way. I have no doubt that his kind demeanor left a lasting 
impression on the people of Chautauqua County.
  We are truly blessed to have such strong individuals with a desire to 
make this county the wonderful place that we all know it can be. Mr. 
Jones is one of those people and that is why Madam Speaker I rise to 
pay tribute to him today.

                          ____________________




                     HONORING WILSON COUNTY, TEXAS

                                 ______
                                 

                           HON. HENRY CUELLAR

                                of texas

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. CUELLAR. Madam Speaker, I rise today to honor Wilson County, 
Texas on its sesquicentennial year. It was 150 years ago when Wilson 
County was founded in South Texas by an act of the state legislature. 
The area is rich in culture and history and serves a great part to the 
state of Texas.
  Before the founding of the county, the first Spanish explorers 
traveled the area in the

[[Page 3267]]

early eighteenth century and used the land mostly for ranching. Most 
notably, the birthplace of ranching took place at Rancho de las Cabras. 
This was a ranching outpost for Mission San Francisco de la Espada 
where the first ranches and cowboys settled near Floresville in Wilson 
County. By the 1800s, Mexicans, Anglo American, German and Polish 
settlers began moving into the area. Soon after, the state Legislature 
founded Wilson County on February 13, 1860. The county was named after 
James Charles Wilson, who was an early settler of Texas and a state 
legislator.
  Throughout the years, Wilson County has played a significant role in 
South Texas history. After the Civil War, Wilson County's population 
underwent the greatest growth due to the completion of the San Antonio 
and Aransas Pass Railway, which reached Floresville in 1886. By the 
early nineteenth century, farmers who were once known for cotton crops 
as the most important cash crop, then diversified into a wider range of 
like peas, watermelons, and peanuts. Today, some call Floresville the 
``Peanut Capital of Texas.'' Wilson County residents have served 
valiantly in combat from the Civil War to today's conflicts in Iraq and 
Afghanistan. One hundred and fifty years has shaped the county and 
development of Texas through its rich culture and history and of a 
diversified economy that includes farming, ranching, and even oil 
discovery.
  Wilson County includes towns and cities such as, Floresville, La 
Vernia, Pandora, Poth, Stockdale, Sutherland Springs, and communities 
such as Carpenter, Calaveras, Canada Verde, Grass Pond Colocy, 
Kicaster, Doseido Colony, Saspameo and Sandy Hills. It totals 809 
square miles and has a population of more than 40,000.
  From a legacy in ranching, to its honorable natives and rich 
historical culture, Wilson County celebrating its sesquicentennial year 
is a milestone for the county and for Texas. I am honored to have had 
this time to recognize Wilson County on its sesquicentennial year.

                          ____________________




                    OUR UNCONSCIONABLE NATIONAL DEBT

                                 ______
                                 

                           HON. MIKE COFFMAN

                              of colorado

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. COFFMAN of Colorado. Madam Speaker, today our national debt is 
$12,544,389,439,808.45.
  On January 6, 2009, the start of the 111th Congress, the national 
debt was $10,638,425,746,293.80.
  This means the national debt has increased by $1,905,963,693,514.65 
so far this Congress.
  This debt and its interest payments we are passing to our children 
and all future Americans.

                          ____________________




                 HONORING THE LIFE OF MRS. HERTA ADLER

                                 ______
                                 

                            HON. STEVE COHEN

                              of tennessee

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. COHEN. Madam Speaker, I rise today to honor the life of Mrs. 
Herta Adler, known to Memphians as the ``matriarch of the local Jewish 
community.'' She was born to Adolf and Mathilde Arfeld on September 27, 
1915, in Diez, Germany.
  Herta Adler was 24 when she witnessed the burning of her synagogue on 
Kristallnacht, or Night of Broken Glass. That night rioters burned or 
destroyed 267 synagogues; thousands of homes and businesses were 
vandalized or destroyed; at least 91 Jewish people were killed, and 
25,000 to 30,000 Jews were sent to concentration camps, including many 
who were friends or family of Herta Adler.
  In 1940, Mrs. Adler was permitted to move to Lisbon, Portugal, where 
her brother was in business, because the government granted residency 
to family members of established residents. From Portugal, Mrs. Adler 
made her way to New York City, where she met her husband, Dr. Justin H. 
Adler. They married in 1943 and relocated to Memphis not long after.
  Herta and Justin Adler were well-known as avid collectors of art and 
Judaica. Mrs. Adler, in particular, was known as a philanthropist who 
supported all kinds of artistic and cultural organizations, reminding 
others that ``charity is the gift that we give for having a good 
life.'' In the early 1990s, the Adlers donated a large collection of 
Jewish ritual art to Temple Israel, which is located in Memphis, TN, 
helping to create the only Judaica museum in the region. In 1992, the 
Adlers also contributed their extensive pewter collection, which spans 
400 years, to Dixon Gallery and Gardens, where it is part of the 
permanent collection.
  Even greater than Mrs. Adler's passion and appreciation for art was 
Mrs. Adler's interest in the people around her and her dedication to 
her synagogue. She befriended and supported several young Memphis 
artists and centered much of her life on Temple Israel, where she was a 
member for more than 60 years. Mrs. Adler and her husband were also 
founders of Beth Sholom Synagogue, a Conservative Synagogue in Memphis.
  Mrs. Herta Adler passed away on Friday, February 12, 2010, and was 
laid to rest on Monday, February 15, 2010. She was 94 years old. She is 
survived by her daughters Hedda A. Schwartz, a residential and 
commercial real estate executive, and Susan Adler Thorp, a respected 
journalist, and her son Michael Adler, an accomplished attorney--all of 
Memphis. I will always remember Mrs. Adler for her devotion to shaping 
the cultural and Jewish life of Memphis, Tennessee.

                          ____________________




 CONGRATULATING HUGH DUGAN ON HIS SELECTION TO SERVE AS GRAND MARSHALL 
          FOR THE 2010 CARBON COUNTY ST. PATRICK'S DAY PARADE

                                 ______
                                 

                         HON. PAUL E. KANJORSKI

                            of pennsylvania

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. KANJORSKI. Madam Speaker, I rise today to ask you and my esteemed 
colleagues in the House of Representatives to pay tribute to Mr. Hugh 
D. Dugan, who was named Grand Marshall for the Carbon County St. 
Patrick's Day Parade.
  Mr. Dugan was born in Coaldale, Pennsylvania, July 29, 1943, a son of 
the late Dennis and Margaret Hogan Dugan. Mr. Dugan was raised in Jim 
Thorpe with his older brother, John.
  He attended Immaculate Conception Elementary School and graduated 
from Jim Thorpe High School in 1961.
  Mr. Dugan enlisted in the U.S. Coast Guard in 1962 and served for 22 
years until his retirement as a Master Chief Petty Officer in 1984. 
During his military service, he was stationed in New Jersey, New York, 
Washington, D.C., New London, Connecticut, and London, England. During 
that period, Mr. Dugan was awarded two Coast Guard Achievement Medals 
as well as numerous other citations.
  Mr. Dugan was also employed by the U.S. Post Office in Jim Thorpe, 
where he worked for 20 years.
  Mr. Dugan and his wife, Fran, have resided in Jim Thorpe since 1977. 
They have been married for 45 years and have three daughters, Theresa, 
Denise and Maureen, and a son, Michael. They also have nine 
grandchildren. They are members of the Immaculate Conception Church in 
Jim Thorpe.
  Mr. Dugan is a charter member and co-founder of the Ancient Order of 
Hibernians. He served as its first vice president and two terms as 
president. He is currently financial secretary of that organization. He 
has also served as co-chairman of the St. Patrick's Day Parade for the 
past several years.
  Mr. Dugan also served as Division Representative for the Children's 
Friendship Project for Northern Ireland, a program that brought teens 
from Northern Ireland to the United States to live with host families 
for six weeks. Mr. and Mrs. Dugan served as host for four Irish teens 
over the years.
  Madam Speaker, please join me in congratulating Mr. Dugan on this 
auspicious occasion. His commitment to his family, his community and 
his Nation is exemplary and inspirational. Clearly, he has improved the 
quality of life throughout northeastern Pennsylvania.

                          ____________________




   HONORING THE LIFE, SERVICE, AND WORK OF MAJ. GEN. HUGH G. ROBINSON

                                 ______
                                 

                       HON. EDDIE BERNICE JOHNSON

                                of texas

                    in the house of representatives

                        Thursday, March 11, 2010

  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I rise today in 
remembrance

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of a great American, Maj. Gen. Hugh G. Robinson, who passed away on 
March 1, 2010 at the age of 77.
  General Robinson was an outstanding civic leader in the Dallas 
community, and as a decorated Vietnam War veteran who served in the 
Army from 1954 to 1983, he was an inspiration to countless individuals 
across the city. Born in Washington, D.C., he attended the United 
States Military Academy at West Point where he received a bachelor's 
degree before completing graduate studies at the Massachusetts 
Institute of Technology. During his time in Vietnam, he received an Air 
Medal, a Bronze Star, the Legion of Merit, and an Army Commendation 
Medal for his work commanding the 39th Engineer Battalion and serving 
as an executive officer of the 45th Engineer Group. He later returned 
to Washington, D.C. where he served at the Pentagon and in President 
Lyndon B. Johnson's White House where he became the first African-
American Army aide to a President.
  After leaving the military in 1983, General Robinson settled in 
Dallas where he served on the board of directors of several 
corporations including Southland Corp. and Belo Corp. He was active in 
the New Way Christian Outreach Church in Dallas, and along with his 
wife, adopted 13 foster children.
  Madam Speaker, Maj. Gen. Robinson was regarded as a true hero in the 
Dallas community, and I ask my fellow colleagues to join me today in 
honoring his life and service. He was an inspiration to us all and will 
be truly missed.

                          ____________________




                       HONORING PATRICK R. BYRNE

                                 ______
                                 

                           HON. BRIAN HIGGINS

                              of new york

                    in the house of representatives

                        Thursday, March 11, 2010

  Mr. HIGGINS. Madam Speaker, I rise today to recognize Patrick R. 
Byrne, the 2010 Honorary Chairman of the 38th Annual St. Patrick's Day 
Luncheon being held at the Buffalo Irish Center this March 12th.
  Pat's Irish roots certainly run deep; his father Mike is a native of 
County Offaly while his mother Maureen hails from County Limerick. The 
Byrnes were incredibly involved in Buffalo's Irish American community, 
helping to establish the St. Patrick's Irish American Club as well as 
the Gaelic American Athletic Association of Buffalo--now the Buffalo 
Irish Center.
  Pat himself has continued this great tradition as a steadfast 
supporter of the Buffalo Irish Center. The extensive list of his 
community involvements includes being the President of M.P.B. Travel 
and the Byrne Agency. He is also a member of the Society of Financial 
Service Professionals as well as the Golden Key Society. Pat has served 
as a trustee for the Orchard Park School District, President of the 
Upstate Chapter of the American Society of Travel Agents, and President 
of the Buffalo Chapter of Scalp and Blade. He and his wife Darlene 
reside in Orchard Park.
  The St. Patrick's Day Luncheon is a time to celebrate all of Western 
New York's businesses, community members, government leaders, and 
friends. It is a wonderful Buffalo tradition that I am proud to be a 
part of. I ask my fellow Members to join me in recognizing Pat for his 
chairmanship of the St. Patrick's Day Luncheon and his many 
contributions to the Buffalo community.